Volume 9 | Issue 9: First DOB Parking Structure Inspection Violations To Come In November
Image from Stephen Woods
On October 28, 2024, the DOB issued a service notice regarding Failure to File the 2023 Parking Structure Inspection Report Violations to be issued. Beginning November 2024, the Department will issue violations for Failure to File an Initial Parking Structure Report for the cycle ending December 31, 2023 (Subcycle 1A).
Key Details Regarding the Violations:
Violation Type: These are DOB (non-OATH) violations, each carrying a penalty of $5,000/year.
Annual Penalties: Currently it is unclear whether the DOB will issue additional penalties each year the report remains unfiled. We will provide updates as more information becomes available.
Separate from Late Fees: These violations are distinct from any monthly late fess that may have been assessed when filing.
Subcycles 1B and 1C Violations: These violations are unrelated to the failure to file initial observations for Subcycles 1B and 1C. Although violations for these infractions have been announced, our team has not yet independently observed them. A separate Service Notice may be issued for these in the future.
*Legislation has been passed, increasing inspection frequency from every 6 years to every 4 years, effective at the end of Subcycle 1C in 2027*
If you require assistance, RPO can refer a licensed professional, provide guidance, and resolve any violations that may arise.
Volume 9 | Issue 8: Annual Parapet Observation
Image from Spencer Means
The NYC Department of Buildings is now requiring an annual observation/inspection of all public facing buildings with a parapet, regardless of height except for detached one- or two-family homes and building with a fence or other barrier preventing access to the exterior wall.
This observation must be performed by a person who is competent to inspect parapets, who shall prepare a report of the observation. Owners are required to maintain the observation reports for at least 6 years and make the reports available to DOB upon request.
If hazardous or unsafe conditions are detected, the person performing the observation must immediately notify the DOB and the owner must immediately install public protection, such as erecting sidewalk sheds, fences, and safety netting to secure the safety of the public and have the unsafe conditioned remedied.
The unsafe condition must be corrected within ninety (90) days from the notification to DOB.
Please contact RPO Inc. if you would like assistance in complying with this requirement.
Volume 9 | Issue 7: NYC Department of Transportation Enacts Open Streets Program
Image from nycstreets
The NYC Department of Transportation has recently established a year-round “Open Streets” program that allows certain streets to be closed to vehicles during the day and some evenings to promote pedestrian flow and limit automobile use adjacent to certain businesses and community facilities. The program also addresses street closures adjacent to schools when they are in operation.
Some Limited Local Access streets will also be established with shared streets open to vehicles, pedestrians and bikes with a 5 MPH speed limit.
The Open Streets initiative is separate and distinct from DOT’s initiative to promote sidewalk and roadway dining.
Call 212-566-5110 to engage RPO for consulting related to your business or service that may benefit from the Open Streets program.
Volume 9 | Issue 6: An Update From The Department Of Transportation On The Global IT Outage
Image by @rawpixel.com
On Friday July 19th, the largest IT outage in history occurred causing major problems for those utilizing a Microsoft product/software. As a result, NYC agencies, such as the NYC Department of Transportation, was forced to temporarily shut down due to their programs crashing. The NYC DOT Construction Permit Office issued the following statement addressing the ongoing delays:
"As of 7/23/2024: Due to the ongoing effects of the Crowdstrike outage and short staffing, there are delays regarding Insurance Updates, CGL Policy Reviews, and New Permittee Registration.
Due to the same issues, permit management staff will not be able to provide updates on when an application will be ready as we address backlogs to resume normal operations.
We apologize for any inconvenience. We and our IT support staff are working tirelessly to get permit management back to 100%."
While it is expected that DOT needs to catch up on its backlog from the past couple of days, RPO is keenly aware of the submissions that have been made on behalf of their clients and will remain vigilant and proactive to be certain that services being prosecuted through DOT are not delayed longer than would reasonably be anticipated.
Volume 9 | Issue 5: Changes To Zoning Use Groups
Image by JJBers
Effective June 6, 2024, the New York City Zoning Resolution (ZR) was amended to provide new zoning uses, new Use Group categories and new numbering conventions which have been transitioned from Arabic numbers 1-18 to Roman numerals I-X. Applicants will now be required to enter the proper zoning Use Group numbers in Roman numerals on applications for any new job filing and on applications not approved as of July 1, 2024, that contain new or changed zoning use groups.
Applications approved prior to July 1, 2024, may continue to use the old zoning designations for TCOs and Final CO, in which case a comment will be added to TCOs and FCOs stating acceptability to use prior zoning use designations.
Similarly, PAAs filed after July 1, 2024, may continue to use the old zoning UG designations used on the Initial (I-1) filing.
The Department of Buildings encourages use of the new Roman numeral designations even when former Arabic numerals are permitted.
RPO Project Managers will notify clients whose projects are affected by this change, but clients should always feel free to contact us with any questions they may have.
Volume 9 | Issue 4: New York City Adopts Revised Definition Of “Major Building”
Image by a cheerful texas
New York City has adopted proposed legislation (NYC Intro #2263) which will lower the threshold of what is considered a “Major Building” to seven stories or 75 feet in height. Prior to this legislation, the New York City Building Code defined “Major Building” as a construction site involving an existing or proposed building of ten or more stories or 125 feet in height.
This change will trigger the mandate for the presence of Site Safety Managers or Site Safety Coordinators on new building projects, major alterations and demolitions of buildings meeting the aforementioned criteria. Site Safety Plan approval will also be required for the qualifying projects meeting this new definition.
NYC Intro #2276 has also been enacted which requires DOB-Licensed Construction Superintendents to serve full-time alongside the Site Safety Coordinators or Site Safety Managers at the newly defined Major Building Construction Sites (seven stories or 75 feet in height).
These new regulations go into effect in November of this year so please consider these rules for projects that will be issued permits at that time and moving forward.
We anticipate that DOB will release more information regarding the specific implementation of the above rules and the potential effects that these changes will have on future projects. RPO Inc. will keep you apprised of this information as it becomes available so stay tuned!
Volume 9 | Issue 3: New Requirement: DOB NOW Login Using NYC.ID Account
Starting today, DOB Now users are required to have a NYC.ID account. The NYC.ID account is required to access DOB Now: Build, Safety, BIS Options and Licensing modules. Users without a NYC.ID account will not be able to access this information.
While all users have been notified of this requirement already, many of our clients are experiencing difficulty in establishing this account. RPO offers assistance in establishing this account as a service. Please contact RPO if you would like assistance in completing this requirement.
Volume 9 | Issue 2: Parking Structure Observation Report To Be Filed By August 1, 2024
Image by Toshiyuki IMAI
A new Department of Buildings Rule requires that owners of parking structures in certain Community Districts conduct a one-time initial observation of the parking structure and file a report to the DOB by August 1, 2024.
This initial observation requirement applies to parking structures in Community Districts 8 through 12 in Manhattan, and all Community Districts in Brooklyn, Queens, Staten Island and the Bronx that are required by code to have periodic inspections performed by December 31, 2025 or December 31, 2027.
However, parking structures in Manhattan Community Districts 8 through 12 and Brooklyn Community Districts who submit a periodic inspection report by August 1, 2024, are not required to also have an initial observation performed.
The initial observation must be performed by or under the direct supervision of a NYS-licensed professional engineer who is designated by the Department of Buildings as a Qualified Parking Structure Inspector (QPSI).
Please call us if you would like to engage RPO for consultation about or help with complying with this requirement.
Volume 9 | Issue 1: Adoption Of Standards For Installation Of Natural Gas Alarms
Image by vectorjuice
On February 12, 2024, the NYC Department of Buildings adopted changes to the code to amend the requirements of Local Law 157 of 2016. Essentially, this change is to adopt the 2023 edition of NFPA standards for the installation and location of natural gas alarms.
Natural gas alarms must be installed in private dwellings, class A multiple dwellings, and class B multiple dwellings as defined in the Housing Maintenance Code, in accordance with the newly adopted changes to LL 157/2016, by May 1, 2025. Buildings with no gas piping or gas service are excepted.
There will surely be penalties assessed in the future for failure to comply, so we hope that this information will be useful in providing our clients plenty of time to comply with these standards. Please feel free to contact RPO to engage for consultation about the requirements specific to your property.
14+ Foundations Annual Cocktail Benefit | November 8th, 2023
Rarely do I reach out and ask clients to participate in philanthropic endeavors. No doubt we all receive numerous solicitations each year and we all have our own priorities about which causes to support.
Having said that, I would like to introduce the 14+ Foundation, to let you know that I am on its fundraising committee, and to invite you to join me in supporting it. This foundation was established to develop, build and operate schools and orphanages in rural African communities.
It was co-founded by someone whom I know personally and have much admiration and respect for - Joe Mizzi. Knowing Joe and participating in many past events, I know first-hand the passion and care that have gone into this cause, and I am familiar with the outstanding work this group has achieved.
I am proud to be a part of the 14+ Foundation and I ask that you consider joining me in supporting it. Here is a link to the website (14+ Foundation) and an exciting up-coming event next week. I hope you will be able to join me there, but if you are unable to, I hope you will still consider supporting this organization.
WEDNESDAY, NOVEMBER 8TH, 2023
Cocktail Benefit: 6 PM - 10 PM
Program: 7 PM
HALL DES LUMIÈRES
49 Chambers Street
New York, NY 10007
If you would like any information about the foundation or event, please feel free to contact me.
Thank you for your consideration,
Michael Pressel
Volume 8 | Issue 5: 2023 Department Of Transportation Holiday Construction Embargo
Please be advised that the Department of Transportation Holiday Construction Embargo will be in effect every day beginning Wednesday, November 15, 2023 through Tuesday, January 2, 2024.
Roadway and sidewalk construction activities will be restricted during the embargo period on the streets within the embargo area, although some projects have already been granted waivers.
If your project is already with RPO don’t worry – we’ve got you covered. We will automatically process Embargo Waiver requests on behalf of our clients whose projects are within the Holiday Embargo area. If you have new work in an Embargo area please let us know as soon as possible so we can obtain the necessary permits and requisite waivers.
And as always, please let us know if you have any questions about waivers in relation to your projects.
Volume 8 | Issue 4: Outdoor Dining Is Here To Stay!
Image by Eden, Janine and Jim @Flickr
On Thursday, August 3, 2023, the New York City City Council approved a bill permanently legalizing the outdoor dining structures that started dotting the city during the Covid-19 pandemic.
Here are some takeaways from this bill:
Restaurants will only be able to serve outdoors between 10 a.m. and Midnight. Permit fees will be based on location and square footage of the restaurant and those fees will be higher for restaurants below 125th Street in Manhattan.
The "shed" type structure will have to eventually be dismantled and replaced with something less obstructive. More decidedly, eating in the city's roadways will only be allowed 8 months out of the year between April 1st and November 30th to exclude the winter months to allow for cleaning, plowing and maintenance of the streets while sidewalk dining will now be allowed year-round.
Restaurants already participating in the emergency program, which started in June 2020, will be permitted to keep their existing dining structures until November 2024, which will create sufficient time for DOT to develop and test new rules for the program and for restaurants to adapt to them.
Volume 8 | Issue 3: Civil Penalty Increase For Failing To Certify Correction Of Class 1 Hazardous Violations
Image by Ervins Strauhmanis @Flickr
The civil penalties imposed by the NYC Department of Buildings for the failure to correct Immediately Hazardous Class 1 summonses (AEUHAZ) are being increased from $3,000 to $5,000. These civil penalties are in addition to the underlying violations that were initially issued for the alleged hazardous condition.
As a part of the Department's ongoing efforts to compel prompt correction of hazardous violations, increased penalties will apply to summonses issued on or after May 15, 2022, for conditions documented at construction sites with residential development greater than four dwelling units and at all other types of buildings.
Class 1 violations are considered hazardous and require immediate action in order to correct. Once the hazardous conditions are remedied, RPO can assist in properly certifying correction in a timely fashion so as to avoid these penalties for failing to correct.
Jimmy Oddo Named As New Buildings Commissioner!
Image by TheRealDeal
RPO extends its warmest congratulations to Jimmy Oddo on his recent appointment as Commissioner of the NYC Department of Buildings. We look forward to working with you in your new role.
Additionally, we commend the DOB for their decision to retain the expertise of Kazimir Vilenchik, PE, as First Deputy Commissioner. Mr. Vilenchik has consistently demonstrated exceptional competence and a willingness to assist throughout his tenure at the department.
We look forward to our continued partnership with you and your team.
A Feel Good Friday, New York Community Story
Images provided by Sandy Imhoff
A client of ours called on Wednesday with a very unusual request. He explained that a friend of his, Sandy Imhoff, was displaced from her home when the garage at 57 Ann Street collapsed on Tuesday and that her cats were stranded in her apartment.
Tragically, Willis Moore, an employee working in the garage, died when the building collapsed. Sandy was lucky to be able to get out of her apartment with her 88 pound Borzoi named Ava, but she didn’t have time to find her two cats, Cathy and Dave, so she was forced to leave them behind. She went back to the building, which was declared unsafe, and she couldn’t convince anyone to let her back into the building to retrieve her fur babies. She started asking her friends for advice, one of whom is a long-time client of RPO. He called to tell me the story and I made a short list of people at the Department of Buildings who I thought would be willing to help.
Fortunately, the first person on the list was compassionate about the situation and immediately helped by calling the FDNY, who is in control of the building. It took a couple of attempts to locate the kitties, but all involved were persistent and were finally able to capture them using their favorite treats. Now Cathy and Dave have been rejoined with Ava and Sandy.
In the midst of dealing with a real tragedy, it was wonderful that the fine folks at DOB and FDNY recognized how a New Yorker was affected by the collateral damage from this horrible situation and made the extra effort to help out.
By Michael Pressel
Volume 8 | Issue 2: FDNY Permits Reminder
Image by Frankie Lopez on Unsplash
Our violations division posted a reminder to our staff that we thought would be worth sharing with you.
Reminder: A FDNY permit is required to conduct hot work using oxygen and a flammable gas. Additionally, storage of flammable gas requires a separate permit. These rules apply to both construction sites and site-specific operations such as repair shops and metal fabricators.
Call RPO at (212) 566-5110 if you need assistance to obtain these (or any other) permits or if you need assistance in resolving FDNY / DOB / DOT / DEP violations.
Volume 8 | Issue 1: Important Change To NYC DOT Rules For Temporary Construction Signs!
A new DOT rule was issued that requires contractors to place their 5-digit NYC DOT identification number (AKA permittee number) on temporary construction, raised plow, parking or regulatory signs.
ANY TEMPORARY CONSTRUCTION SIGNS THAT DO NOT ADHERE TO THIS NEW RULE ARE SUBJECT TO VIOLATION.
See below for details on this new DOT rule:
Your 5 digit NYC DOT identification number must be a fixed to the sign using a waterproof label or sticker. The font must be Arial black, 3/4" in height and width. Use must place the label or sticker in the following locations:
Front of Sign at the bottom right corner
Back of Sign at the bottom right corner
Back of Sign at the bottom left corner
Please let us know if you have any questions.
Volume 7 | Issue 9: Deadline For Posting Building Energy Efficiency Rating Labels
Owners of buildings that appear on the 2022 NYC Benchmarking Covered Building List have until Monday, October 31, 2022 post their updated Building Energy Efficiency Rating Labels in a conspicuous location near each public entrance to their buildings. Failure to post the DOB-issued label may result in the imposition of a civil penalty of $1250.
Please contact Kevin Danielson, Esq. at 212-566-5110 if you wish to engage RPO to assist with compliance.
Volume 7 | Issue 8: 2022 Department OF Transportation Holiday Construction Embargo
Please be advised that the Department of Transportation Holiday Construction Embargo will be in effect every day beginning Tuesday, November 15, 2022 through Monday, January 2, 2023.
Roadway and sidewalk construction activities will be restricted during the embargo period on the streets within the embargo area, although some projects have already been granted waivers.
The deadline for submission of embargo waiver requests is Monday, November 4th, 2022. After that applications will only be accepted for special circumstances that would have prevented a timely application.
RPO will notify its clients with projects within the Embargo and process waiver requests on their behalf. Please let us know if you have any questions.
14+ Foundation’s Annual Cocktail Benefit October 6th
Rarely do I reach out and ask clients to participate in philanthropic endeavors. No doubt we all receive numerous solicitations each year and we all have our own priorities about which causes to support.
Having said that, I would like to introduce the 14+ Foundation, to let you know that I am on its fundraising committee, and to invite you to join me in supporting it. This foundation was established to develop, build and operate schools and orphanages in rural African communities.
It was co-founded by someone who I know personally and have much admiration and respect for - Joe Mizzi. Knowing Joe and participating in many past events, I know first-hand the passion and care that have gone into this cause, and I am familiar with the outstanding work this group has achieved.
I am proud to be a part of the 14+ Foundation and I ask that you consider joining me in supporting it. Here is a link to the website (14+ Foundation) and an exciting up-coming event on October 6th. I hope you will be able to join me there.
THURSDAY, OCTOBER 6TH, 2022
Cocktail Benefit: 6 PM - 11 PM
Program and Performance: 7 PM
SONY HALL
235 West 46th Street, NYC
If you would like any information about the foundation or event, please feel free to contact me.
Thank you for your consideration,
Michael Pressel
