Volume 1 | Issue 6: ECB Violation Amnesty Program - Act Fast! & Construction Superintendent Rule Revision: Reminder Of Expanded Scope Of Work and Duties

ECB VIOLATION AMNESTY PROGRAM - ACT FAST! 

The City Council has approved a measure for the NYC Department of Finance to offer amnesty on outstanding Environmental Control Board (ECB) violations. 

The amnesty program will be in effect for only 90 days beginning on September 12, 2016 and it has the potential to yield significant savings to those with outstanding violations.

Here is how it works:

For violations that are in default, the program allows respondents to pay only the base penalty and will waive the default fee and interest. Typically the default penalty is double to triple the base penalty, so together with the waiver of accrued interest, amnesty could present significant savings on defaulted violations.

For violations that have been adjudicated and found in violation, the DOF will accept 75% of the stipulated penalty and will waive accrued interest. 

The program has some restrictions. 

1. Violations that are the subject of a prior settlement may not be included
2. Respondent must settle ALL violations in their name; this is an all or nothing stipulation
3. Participation constitutes an admission of guilt for the all of the violations
4. If a violation requires certificate of correction, respondent must sign an agreement committing to correction within six months
5. Respondents who are the subject of criminal investigations may not participate

RPO, Inc. is ready to assist clients in yielding the significant savings under this program, but planning and action should begin immediately. 

For further information contact:

Kevin Danielson, Esq. at RPO, Inc.

(212) 566-5110 extension 1113

CONSTRUCTION SUPERINTENDENT RULE REVISION:

REMINDER OF EXPANDED SCOPE OF WORK AND DUTIES

RPO, Inc. wishes to remind its clients that the second phase of new Construction Superintendent responsibilities will take effect on August 30, 2016.

The first phase of changes under 1 RCNY 3301-02 already took effect on May 30, 2016 to invoke the following changes with respect to Construction Superintendents:

          - Assure compliance with Chapter 33 of the Building Code
          - Assure work conforms to plans
          - Designate a competent person to provide full-time safety supervision at the jobsite
          - Notify the Department of accidents, damage to adjoining property, and certain other conditions by contacting the BEST-SSM/SSC/CS hotline at (212) 393-2128
          - Promptly correct any unsafe conditions discovered
          - Upon each visit to the jobsite, inspect the entire work area and maintain a job site log
1-, 2-, or 3-family NBs will no longer require a Construction Superintendent
          - All other job types requiring a Construction Superintendent will continue to do so

Beginning August 30, 2016, the second Phase of the expanded law will add the following requirements:

The Construction Superintendent must visit the jobsite each day work occurs
Alteration permits issued or renewed on or after August 30, 2016 will require a Construction Superintendent if the job is not a site safety job under a Site Safety Program and the work includes one of the following:

         - Vertical or horizontal enlargement

         - Demolitions of more than 50% of floor area of the existing building

For on-going projects administered by RPO, Inc., our staff will notify clients affected by these changes. If you would like additional information please contact our office.