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Volume 7 | Issue 7: Site Safety Requirement Changes Leading Up To The 2022 Construction Codes

Photo by C Dustin on Unsplash

As we reported previously, the forthcoming 2022 Construction Codes will require both a Construction Superintendent, and either a Site Safety Manager or Site Safety Coordinator to be designated for work subject to Building Code sections 3301.13.3 and 3310.1 for Major Buildings.  This is in contrast to the current requirement to provide only a SSM or SSC for major buildings. 

In recognition that there will be an increase in demand for safety professionals, the Department of Buildings is amending rule 104-08 to remove the prohibition on a Site Safety Manager or Site Safety Coordinator to also hold a Construction Superintendent registration. This allows qualified individuals to register as either a Construction Superintendent or a Site Safety Manager/Site Safety Coordinator, giving an individual flexibility to determine which role they wish to assume at any given jobsite.  

Please do not hesitate to contact RPO if you wish to engage us for further consultation about site safety or any other changes coming into effect leading up to the implementation of the 2022 Construction Codes. 

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Volume 7 | Issue 6: DOB BIS And DOB NOW Data Losses

Please be advised that system improvements scheduled by the Department of Buildings this past weekend have resulted in BIS and DOB Now system data losses involving new filings, amendments, permits and more dating back to May 3, 2022.

Some of the information lost has been recovered, but efforts to make sure all information is up to date are ongoing. We are monitoring the situation and will be taking appropriate action to ensure all of our clients’ submissions are up-to-date. 

As always, please feel free to call your Project Manager if you should have any specific questions or concerns. 

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Volume 7 | Issue 5: Construction Superintendents - Upcoming Limitation On Number Of Projects

STARTING ON JUNE 1ST, 2022, THE NUMBER OF PROJECTS UNDER THE SUPERVISION OF A DOB-LICENSED CONSTRUCTION SUPERINTENDENT WILL BE LIMITED TO FIVE (5).

Pursuant to section 3301.13.6 of the 2014 NYC Construction Code, which was amended on January 1st of this year by Local Law 149 of 2021, the rule gradually limits the number of construction projects for which a Construction Superintendent may be designated. These limits are being phased over a multi-year timeline as follows:

  • As of June 1, 2022, no individual may be designated as a Primary Construction Superintendent for more than five projects.

  • During the calendar year 2024, the number of projects a Primary Construction Superintendent can oversee will be reduced to three. Additionally, with the implementation of the new code, a Construction Superintendent assigned to a Major Project, may serve only that project.

  • Finally, during the calendar year 2026, the number of projects a Primary Construction Superintendent can oversee will be reduced to one – for all types of projects.

This plan has the ultimate effect of requiring each construction site to have a dedicated Construction Superintendent by 2026.

Please feel free to contact Robert Anic, NYSCEO, if you wish to engage RPO for additional consulting pertaining to these or any other changes in DOB requirements.

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Volume 7 | Issue 4: Calendar Year 2021 Benchmarking Compliance Deadline Extended

The 2022 Benchmarking compliance deadline for calendar year 2021 data reporting has been extended. Property owners who were required to submit their CY2021 benchmarking information by May 1, 2022, are required to submit a fully compliant report by May 31, 2022.

The Mayor’s Office of Climate and Environmental Justice (MOCEJ), acting as the Mayor’s Office of Long-Term Planning and Sustainability (the Office) has advised the Department of Buildings that compliance with Administrative Code §28-309.4 (Benchmarking Energy and Water Use) has been temporarily suspended until May 31, 2022.  Owners who do not submit a fully compliant report by May 31, 2022, will be subject to violations for each quarter they have been non-compliant. 

Please call our office if you would like to engage RPO for consulting about Benchmarking requirements.

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Volume 7 | Issue 3: Extension To Requirement For Gas Piping Inspection

An amendment to Local Law 152 of 2016 allows building owners to receive a 180-day extension of the due date for the inspection of a building’s gas piping system.   

Only one 180-day extension can be requested. Failure to file the Gas Piping System Periodic Inspection Certification on or before the due date will result in in a civil penalty of $5,000.

Please call our office if you would like to engage RPO for additional consulting services related to these or any other requirements

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Volume 7 | Issue 2: Building Bulletin 2022-001 For Flood Mitigation Measures Is Now In Effect

The purpose of the bulletin is to clarify FEMA’s requirements for residential ancillary spaces and building systems, and to help decipher which applications are required to comply with Appendix G of the New York City Building Code. 

Applications for construction document approval with the Department in conjunction with a new building, horizontal enlargement, or substantial improvement must now show compliance with the requirement that ancillary areas and building systems that support residential uses and dwelling units be elevated above the design flood elevation. Note that below-grade parking of vehicles serving commercial (non-residential) and residential uses within a mixed-use building may be permitted within dry floodproofed enclosures below the design flood elevation.

BB 2022-001 May be found here: Click to View

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Volume 7 | Issue 1: Major Projects Development Program

The Department of Buildings adopted a new rule last week in order to implement the Major Projects Development Program which takes effect on May 1, 2022.  The idea is that the DOB will offer dedicated project coordination and guidance services such as pre-application development consultation, pre-construction consultations, pre-inspection consultations, and consultation regarding construction phasing and scheduling.  According to the rule, consultations may cover zoning and code compliance; phasing of filings, permits and occupancy; construction, site safety, and public safety checks; and the issuance of Temporary and Final Certificates of Occupancy. 

This program will be available for proposed new buildings that are greater than 20 stories or 500,00 sf, buildings adding more than 100,000 sf, and developments that pose unique hazards associated with construction or demolition. 

The program is offered on a first-come first-serve basis, subject to program capacity.  The cost is $50,000.00 for each private development and $ 25,000.00 for affordable housing projects.  

There are no details available yet about the actual process for this program, but we venture to guess that it may be very similar to earlier DOB initiatives such as the HUB Development program that was rolled out about 10 years ago during the Bloomberg administration in which many new building applications were reviewed, approved and permitted through a coordinated effort within DOB to accelerate review of applications.  However, there was no fee to participate in that initiative. 

Given that the DOB is now charging to review each construction code determination (CCD) question, this program may very well be worth participating in since they will be providing code and zoning guidance as part of the program. A link to the rule may be found here: Click to View

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Volume 6 | Issue 12: Civil Penalties To Be Imposed For Failure To File Sprinkler Report

Starting on January 1, 2022, failure to file an acceptable sprinkler report will result in civil penalties being assessed to owners. Per the requirements of NYC Local Law 26 of 2004, owners are mandated to file a report attesting to sprinklers being installed in their building. Non-compliance will result in the following civil penalties being imposed:

  • A fine of $5,000 per year for failure to file an acceptable report beginning on January 1, 2022 until an acceptable report is filed with DOB.

  • For late filings: in addition to the above penalty for failure to file, beginning February 1, 2022, $1,000 per month will be levied until an acceptable report is filed.

Upon approval of both an acceptable report by DOB and proof of civil penalty payment, The DOB will dismiss any DOB violations issued for this infraction.

Feel free to contact Kevin Danielson, Esq. with any questions pertaining to these new penalties

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Volume 6 | Issue 11: Department Of Finance Extends Fairer Amnesty Program

The Department of Finance recently announced a 90-day extension of the FAIRER (Fine and Interest Reduction Enabling Recovery) Program, which was launched on September 20, 2021 to allow you to pay a reduced amount to resolve eligible Environmental Control Board (ECB) judgments issued by various city agencies.  This means the deadline for paying the fines associated with such violations is now March 20, 2022.

The FAIRER Program covers two types of judgments: those that only require payment and those that require both payment and corrective action, and it establishes different reduction amounts depending on factors such as whether an individual or business attended a hearing or whether the judgments occurred during or prior to the COVID-19 pandemic. This can result in a savings of up to 75% of the base fine and interest. 

So far, it is estimated that nearly 21,000 businesses and individuals have resolved their unpaid judgments under the FAIRER Program and RPO has saved tens of thousands of dollars in penalties for clients through this program. 

Please feel free to contact Kevin Danielson, Esq. if you would like to engage RPO for consultation pertaining to this program or for any of your violation needs.

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Volume 6 | Issue 10: BSA Special Permits No Longer Required For Gyms, Spas, and Licensed Massage Therapy

The New York City Council recently passed a proposal by the Department of City Planning which will amend the Zoning Resolution so that Physical Cultural Establishments (PCE’s) such as gyms, spas and other facilities dedicated to physical fitness and health will now be considered commercial uses that will be allowed as of right and are exempt from having to obtain Board of Standards and Appeals (BSA) special permits.

Those establishments that are less than 10,000 square feet will be permitted as Use Group 6 and Use Group 14 in all commercial and manufacturing districts including C-1 districts where gyms were previously not allowed.

Gyms and spas that are unlimited in size will be categorized as Use Group 9 and will be permitted as of right in the highest density C1 districts (C1-8, C1-9 and C1 districts overlays mapped with R9 or R10 districts), C2 districts and higher, and M1, M2 and M3 manufacturing districts.

Licensed massage therapy will be categorized as ambulatory health care (Use Group 4A) or health care offices (Use Group 6B) and will be treated in the same manner as other outpatient medical uses from a zoning perspective. This new designation will allow licensed massage therapy studios as community facilities in most residential districts with the exception of low-intensity R1 and R2 districts, and they will be permitted in all commercial and manufacturing districts.

This change is long awaited and significant. RPO is already in the process of amending a Certificate of Occupancy for a client who is very happy not to have to renew their expiring BSA permit. Let us know if we can help you in the same way.

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Volume 6 | Issue 9: Law To Prohibit Gas Energy In New Building

The City Council passed Int 2317-2021 - a law that will restrict the level of carbon dioxide emissions from combustion equipment so much that the use of gas as energy in new buildings will effectively be prohibited. 

The law will be phased in such a manner that most buildings, will be required to comply with the first phase starting in two years as indicated below.

  • A building that is seven stories or more where an application for the approval of construction documents is submitted after July 1, 2027.

  • A building that is less than seven stories where an application for the approval of construction documents is submitted after December 31, 2023.

  • A building, other than a building, that is classified as group R-3, where such emissions are in connection with the provision of hot water and an application for the approval of construction documents is submitted after July 1, 2027.

  • A building that is less than seven stories where the building owner demonstrates in accordance with rules promulgated by the department that 50 percent or more of the dwelling units in such building are subject to a regulatory agreement, restrictive declaration, or similar instrument with a federal, state, or local governmental entity or instrumentality for the creation or preservation of affordable housing, and an application for the approval of construction documents is submitted after December 31, 2025.

  • A building that is seven stories or more where the building owner demonstrates in accordance with rules promulgated by the department that 50 percent or more of the dwelling units in such building are subject to a regulatory agreement, restrictive declaration, or similar instrument with a federal, state, or local governmental entity or instrumentality for the creation or preservation of affordable housing, and an application for the approval of construction documents is submitted after December 31, 2027.

There are some exceptions which will be detailed in §28-506.1.  The law is awaiting the Mayor’s signature which is expected within the next 30 days.  Here is a link to the new law: §28-506.1

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Volume 6 | Issue 8: New Law To Go Into Effect Requiring Periodic Inspections Of NYC Parking Structures - January 1, 2021

Owners of parking garages will be required to have a New York State Licensed Professional Engineer perform an assessment of the parking structure every six years and file a corresponding report with DOB expounding on the results of this inspection.

Per the NYC Building Code, this pertains to buildings or portions of a building, used for parking or storing motor vehicles, including space inside or under a building as well as all open parking garages and enclosed parking structures.

Notable exceptions to this law include auto repair shops, showrooms and service stations, garages with occupancy of less than three cars, unenclosed and unattached outdoor parking lots and one- and two- family houses containing a parking garage.

Filing Cycles will be broken down into two year sub-cycles with the first filing window beginning on January 1, 2022 and ending on December 31, 2023. Owners with parking garages in Manhattan Community Districts 1 through 7 are mandated to conduct an inspection and file a report during this time period.

The filing deadlines for other Community Districts/Boroughs, filing fees and civil penalties for non-compliance will be laid out at a future date by DOB.

An annual observation of the parking garage shall be required in addition to the aforementioned formal six year reporting. These annual observations may be performed by garage or building maintenance personnel, and the procedure in the form of a checklist needs to be developed by the inspecting PE. Record of the inspections must be made available upon request of the DOB.

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Volume 6 | Issue 7: Construction Superintendent Bill Explained Int. 2276-A

The New York City Council recently approved several bills aimed at decreasing construction-related injuries and fatalities throughout the industry.

Int. 2276 will require all major buildings to employ a DOB-licensed Construction Superintendent in addition to a Site Safety Manager or Site Safety Coordinator when the new construction codes take effect on or after November 7, 2022. Additionally, the law adds and clarifies existing responsibilities for Construction Superintendents.

An additional byproduct of Int 2276 is a mandate that gradually limits the number of construction projects for which a Construction Superintendent may be designated. This multi-year phased in future timeline will be as follows:

-As of June 1, 2022, no individual may be designated as a Primary Construction Superintendent for more than five projects.

-During calendar year 2024, the number of projects a Primary Construction Superintendent can oversee will be reduced to three. Additionally, with the implementation of the new code, a Construction Superintendent assigned to a Major Project, may serve only that project. .

-Finally, during calendar year 2026, the number of projects a Primary Construction Superintendent can oversee will be reduced to one – for all types of projects.

This plan has the ultimate effect of requiring each construction site to have a dedicated Construction Superintendent by 2026.

On a related note, separate legislation in the form of Int. 2263 recently passed which amends the definition of a “Major Building” in the New York City Building Code from ten plus stories or 125 feet in height or more, to 7 stories and above or at least 75 feet in height. This new law will not go into effect until November 2024.

Please feel free to contact Kevin Danielson, Esq. if you have any questions pertaining to this new law.

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Volume 6 | Issue 6: Some ECB Judgments May Now Qualify For A Reduced Fine Amount

The City of New York is offering a temporary program called “FAIRER” (Fines and Interest Reduction Enabling Recovery) which is geared toward allowing you to pay a reduced amount for certain eligible Environmental Control Board judgments.

If you have unpaid OATH ECB judgments that are eligible for the FAIRER Program, you may be able to save up to 75% and have the penalties and interest associated with your judgments waived.

The program which runs through December 20, 2021 is administered by the Department of Finance (DOF) and allows respondents named on violations to resolve outstanding Environmental Control Board (ECB) judgments issued by various city agencies and adjudicated by the Office of Administrative Trials and Hearings (OATH).

The amount that you can save will depend upon when your violations went into judgment and whether the Respondent named on the violation attended a hearing held by the Office of Administrative Trials and Hearings.

Please feel free to contact Kevin Danielson, Esq. if you would like to engage RPO for consultation pertaining to this program or for any of your violation needs.

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Volume 6 | Issue 5: Energy Benchmarking Compliance Deadline Extended!

The 2021 Benchmarking compliance deadline for the 2020 calendar year data reporting has been extended. Property owners who were required to submit their Calendar Year 2020 benchmarking information by May 1, 2021, now have until June 1, 2021 to submit a fully compliant report.

The Mayor’s Office of Long-Term Planning and Sustainability (OLTPS) has advised the Department of Buildings that compliance with Administrative Code §28-309.4 (Benchmarking Energy and Water Use) has been temporarily suspended until June 1, 2021 due to a technological deficiency. OLTPS has temporarily suspended this requirement pursuant to Administrative Code §28-309.6.

Owners who do not submit a fully compliant report by June 1, 2021, will be subject to violations for each quarter they have been non-compliant.

ENERGY EFFICIENCY RATING LABELS MUST BE POSTED!

Starting April 29, 2021, the Department will start issuing violations to owners of buildings over 25,000 square feet – or multiple buildings on a lot that total 100,000 square feet or more – that appear on the NYC Benchmarking Covered Buildings List who fail to post an Energy Efficiency Rating Label as required by Local Law 33 of 2018.

Per the rule, an owner who fails to post the label will be subject to a civil penalty of $1250. Covered buildings were required to post the label starting back in October 2020.

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Inn At Glencairn Nominated!

Dear Friends,

As many of you are aware, my wife owns a B&B in Princeton, NJ called the Inn at Glencairn. Last year the Inn was nominated and eventually placed in the Top Ten for CN Travelers Mid-Atlantic region!

The Inn is again nominated this year and voting is now live. If you would like to help out a fabulous small enterprise (I am a little biased) please click on the link below and follow it to the CN Traveler site. Click on "Hotel and Resorts" and find the Inn at Glencairn in Princeton to vote. Consider it your good deed for the day to keep local businesses alive!

And, if you would like a much needed staycation in a clean, reputable Inn in Central NJ, follow the link and tell them I sent you. They might even throw in some free granola!

👉 2021 READER'S CHOICE AWARDS SURVEY 👈

Sincerely,

Michael Pressel

President

RPO Inc.

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Volume 6 | Issue 4: Notices To Be Posted For Work Requiring Tenant Protection Plan

Per NYC Local Law 154 of 2017, it is mandatory to post a notice for all work requiring a tenant protection plan. Here is a link to the Department-Approved notice:

Click To View The TPP Occupants Notice

This notice must be distributed to each occupied dwelling unit;

And in the lobby;

And on each floor within ten feet of the elevator. If the building does not have an elevator, then posted within ten feet of, or in the main stairwell of each floor

Additionally, NYC HPD requires the following notice to be posted:

Click To View the Local Law 159 Notice

Failure to post these notices containing the required contact information may result in the imposition of penalties.

Finally, please be advised that it is required to notify DOB in writing at least 72 hours prior to beginning work that requires a tenant protection plan.

If you have any questions regarding the above stipulations, please contact the Project Manager assigned to your project.

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Volume 6 | Issue 3: Extension Of Temporary Certificates Of Occupancy

Given current DOB Now problems, the D.O.B. will auto-renew existing Temporary Certificates of Occupancy that were applied for, even if the transition from the Building Information System (B.I.S.) to DOB Now has not been completed.

The D.O.B. has made it a requirement that all T.C.O./C.O. jobs be migrated from B.I.S. to DOB Now prior to issuing or re-issuing T.C.O.’s and C.O.’s.  Due to reliability and compatibility problems for Certificate of Occupancy processing with the latest release of DOB Now, many T.C.O. renewals have begun to lapse. 

The D.O.B. has recognized this problem and is issuing T.C.O. extension emails for jobs transitioning from B.I.S. to DOB Now.  Once the Schedule of Occupancy request that was submitted in DOB Now is approved, a (Temporary) Certificate of Occupancy request must then be submitted and approved before the subsequent renewal is granted.  D.O.B. renewal fees will be applied based on the expiration date of the T.C.O. prior to the extension.

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Volume 6 | Issue 2: Permit Denials For Property Owners With $25,000 Or More Owed To The City Of New York

Please be advised that Local Law 160 of 2017 recently went into effect on March 1, 2021. This law mandates that DOB deny New Building, Demolition, Place of Assembly and Major Alteration permit applications if either of the following applies:

  1. Properties with $25,000 or more in unpaid fines, civil penalties or judgments entered by a court or OATH.

  2. Owner of the property owes, in aggregate, $25,000 or more in fines, civil penalties or judgments to the city.

Also, as part of this Local Law, the Department of Buildings will seek to revoke active permits for buildings whose owners owe more than $25,000 in the above-mentioned fines, civil penalties or judgments to the City. The Department will send a letter to the owner, permit holder, and applicant notifying them of the Department’s intent to revoke the permit, and give them an opportunity to respond. The letter will include instructions on how to respond and submit documentation.

If you have any questions or seek clarification on this new law, please do not hesitate to contact the Project Manager handling your project.

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Volume 6 | Issue 1: Expansion of DOB NOW

Beginning on March 1, 2021, the DOB Now portal will be expanded to include filings for New Buildings and Major Alterations. 

The nomenclature for Major Alterations affecting Certificates of Occupancy is now to be changed to Alteration-CO from its previous designation of Alt. 1.  Filings affecting the Certificate of Occupancy will be premised on the last approved (not signed-off) application affecting the occupancy schedule.  This is intended to make it easier to manage multiple C.O. jobs while maintaining only one Certificate of Occupancy for the building. 

Additionally, initial Temporary Certificates of Occupancy, renewals and C.O.s will be managed through DOB Now effective March 1, including projects already under T.C.O. in the Building Information System (B.I.S.).

There are certain filings that will remain in the B.I.S. for now, including:

  • Filings in “D” status or later in B.I.S., by February 26, 2021,

  • Post Approval amendments for existing B.I.S. jobs,

  • New Buildings for Affordable Housing,

  • No Work Alt. 1’s (Alteration-CO),

  • Fee deferred projects,

  • Builder’s Pavement Plans,

  • Solar projects and green roofs,

  • Full Demolitions,

  • Tax lot sub-divisions.

To log into DOB NOW, all users need an active eFiling account specific to their license/registration type, if applicable.

As with all new software releases, we expect there to be some speed bumps, but the D.O.B. ought to be able to respond to glitches quickly given the years of DOB Now utility it already has.

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