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Limited Alteration Applications and Emergency Work Notifications must be submitted in DOB NOW: Build

Posted on September 24, 2018

Starting October 15th all new Limited Alteration Applications (LAA1) and Emergency Work Notifications (EWN) must be submitted in DOB NOW: Build

The Limited Alteration Applications are used by Licensed Master Plumbers, Licensed Oil Burner Installers or Licensed Fire Suppression Contractors for plumbing work, fire suppression piping replacement and repairs, and oil burner installations that do not include construction work.

Filing of paper copies of the LAA1 form will continue to be accepted in person at 280 Broadway, or by mail if postmarked by October 1, 2018.

LAA1s will still be accepted to be eFiled up until October 14, 2018.

EWNs can still be emailed or faxed to the LAA/Permit Renewal & HUB Authentication Unit up until 3:00 PM on October 12, 2018.

DOB NOW: Build uses the eFiling account credentials.  If you do not have an eFiling account, users can register here.

For more information see the DOB’s service bulletin here.

New DOB interactive development map

Posted on September 7, 2018

On August 22nd, 2018 the DOB released a new real-time interactive construction map.  The map can be found here.

The map shows major construction based on Alteration Type 1 enlargements and New Building permits.  The map will automatically be updated as new jobs are filed, signed off, expire, etc.
At the time of writing this newsletter 198,213,907 sf. of new floor area is being proposed throughout the city, creating 133,394 dwelling units under the active jobs.
Users can zoom in or search for specific sites.  The map provides general information about the project such as proposed floor area, dwelling units, stories, etc. but also gives links directly to the buildings property profile on the DOB BIS website as well as a link to the specific job for which the permit is issued for.
A copy of the press release for this map can be found here.
A link to the sidewalk shed permit interactive map that was released earlier in the year can be found here.
DOB Interactivee map

Owners required to provide tenants with Stove Knob Protectors

Posted on August 23, 2018

Stove knob cover

Local Law 17 of 2018 was enacted on June 9th of this year.  The law added a section to Article 11 in Subchapter 2 of the Housing Maintenance Code.

The new section 27-2046.4 requires owners of units in multiple dwellings provide protective stove knob covers for gas-powered stoves to the residents of the unit if the owner knows or reasonably should know that a child under the age of six resides in the unit. This does not apply to units where the owner is the primary resident. The new section also requires that the owner provide tenants with annual notice of this stove knob protection requirement and must provide the knobs within 30 days if needed. Tenants can request such knob covers regardless of the situation and the owner is required to comply.

There are exceptions: if there is documented proof that there is no available stove knob cover that is compatible with the knobs on such stove or if the tenant refuses to have the knob cover installed in writing.

Additionally the new section requires that owners keep records of the notices, which tenants requested the cover, which tenants refused the knob, when and which units had the stove knob covers made available.

Finally, the section establishes that failure to comply will be a class B hazardous violation.

The law takes effect December 6, 2018.

See full language of §27-2046.4 here.

A copy of LL 17/2018 can be found here.

Looking Ahead: Smoke Detector and Alarm Locations

Posted on August 14, 2018

Local Law 113 of 2018 went into effect on June 9th of this year.

The law modifies the location requirements of smoke alarms/detectors in R Occupancy buildings in relation to cooking appliances.  These requirements don’t go into effect until 2021, but will apply to replacements of such alarms/detectors and may be beneficial to the owners of such properties to plan to move such devices now.

Generally, the requirement is that within a dwelling or sleeping unit, the smoke detector/alarm shall not be installed within a 20 foot radius along a horizontal flow path from a fixed cooking appliance. The distance can be reduced to a 10 foot radius if the alarm/detector is equipped with a means of alarm-silencing or uses photoelectric detection.  The distance can be further reduced for photoelectric alarms/detectors to a 6 foot radius where the kitchen or cooking area and adjacent spaces are not clearly separated partitions or headers and where placing the alarm/detector 10 feet away would be prohibited by other parts of the code.
Below are the sections modified by LL 113 of 2018:
  • Administrative Code:
§ 28-312.8 Location of smoke alarms and smoke detectors.
On or after January 1, 2021, smoke alarms and smoke detectors installed or replaced in group R occupancies shall be installed in accordance with section 907.2.11.5 of the New York City building code.
  • 2014 Building Code:
On and after January 1, 2021, smoke alarms and smoke detectors shall not be installed or replaced in an individual dwelling or sleeping unit, including dwellings or units in prior  code  buildings, within an area of exclusion determined by a 20 foot (6.0 m) radial distance along a horizontal flow path  from  a  stationary or fixed cooking appliance, unless listed in accordance with the 8th edition of UL 217 for smoke alarms or the 7th edition of UL 268 for smoke detectors.
  • Appendix Q of the 2014 Building Code:
Q107.1 General.
Fire alarms, where required by this code, shall be installed in accordance with NFPA 72, National Fire Alarm and Signaling Code, 2010 edition, modified for New York City as set forth below. Refer to the rules of the department for any subsequent additions, modifications or deletions that may have been made to this standard in accordance with Section 28-103.19 of the Administrative Code.
  • Appendix Q Modification of NFPA 72-2010
29.8.3.4(4)
Delete and replace with the following: Smoke alarms and smoke detectors shall not be installed within an area of exclusion  determined  by a 10 ft (3.0 m) radial distance  along a horizontal flow path from a stationary  or fixed cooking appliance, unless listed for installation in close proximity to cooking appliances. Smoke alarms and smoke detectors installed between 10 ft (3.0 m) and 20 ft (6.1 m) along a horizontal flow path from a stationary  or fixed cooking appliance  shall be equipped with an alarm-silencing means or use photoelectric detection. On and after January 1, 2021, the requirements of this section shall apply only to occupancy groups other than group R.
    Exception:
Smoke alarms or smoke detectors that use photoelectric detection shall be permitted for  installation at a radial distance greater than 6 ft (1.8 m) from any stationary or fixed cooking appliance when the following conditions are met:
(a) The kitchen or cooking area and adjacent spaces have no clear interior partitions or headers; and
(b) The 10ft (3.0 m) area of exclusion would prohibit the placement of a smoke alarm or smoke detector required by other sections of this code.
For more information the text of LL 113 of 2018 can be found here.

No-Penalty Deck and Retaining Wall Inspection Program

Posted on July 27, 2018

Design deck

It’s that time again!  We wanted to take a moment to remind all our  friends that the Department of Buildings  is in the middle of its eighth annual No-Penalty Deck and Retaining Wall Inspection Program first covered here.

Property owners have a responsibility to ensure that such their property is maintained in a safe condition at all times.  The program allows for a property’s outdoor spaces to be enjoyed with the peace of mind of having your deck, porch, or retaining wall inspected with no cost to the owner.
To participate in the program, call 311 between now and August 31st and request a free, no-penalty visual inspection of your property’s decks, porches and retaining walls.  Inspectors will inspect such structures to see if they have been maintained in compliance with the building code and notify the owners of any hazardous conditions requiring repairs. The inspectors/DOB will withhold issuing violations for a time to allow for the homeowner to make the necessary repairs.
For more information on the program see: DOB Press Release
For information on decks and porches, click here.
For information on retaining walls, click here.

DOB releases new tenant protection plan notice form

Posted on July 13, 2018

Rules & Regulations

The DOB has released a form to be used when giving tenants notice of the Tenant Protection Plan (TPP) as required by Local Law 154 of 2017.  This form must be used starting July 18, 2018.

28-104.8.4.3 Notice to occupants

Upon issuance of a permit for work containing a tenant protection plan, the owner shall (i) distribute a notice regarding such plan to each occupied dwelling unit or (ii) post a notice regarding such plan in a conspicuous manner in the building lobby, as well as on each floor within ten feet of the elevator, or in a building where there is no elevator, within ten feet of or in the main stairwell on such floor. The notice shall be in a form created or approved by the department and shall include:

  1. A statement that occupants of the building may obtain a paper copy of such plan from the owner and may access such plan on the department website;
  2. The name and contact information for the site safety manager, site safety coordinator or superintendent of construction required by section 3301.3 of the New York city building code, as applicable, or, if there is no site safety manager, site safety coordinator or superintendent of construction, the name and contact information of the owner of the building or such owner’s designee; and
  3. A statement that occupants of the building may call 311 to make complaints about the work.

This law has been in effect since December 28, 2017 and owners are already required to provide notice. However, last month DOB released an approved form to provide notice to tenants that meet the requirements of that law.  This form must be used starting July 18, 2018.

The form can be found here.

More information, the DOB’s service notice regarding the TPP Notice to Occupants form can be found here.

Reminder_Diaper Changing Stations go into effect this Sunday

Posted on July 5, 2018

As a reminder for our previously issued newsletter here, the requirement regarding diaper changing stations goes into effect this Sunday July 8th.

Local Law 34 of 2018 added the following section to Chapter 11 of the 2014 NYC Building Code:

1109.2.4 Diaper changing accommodations. In assembly group A occupancies and mercantile group M occupancies on each floor level containing a public toilet room, both male and female occupants shall have access to at least one safe, sanitary and convenient diaper changing station, deck, table or similar amenity, which shall comply with Section 603.5 (Diaper Changing Tables) of ICC A117.1.

This means that many applications involving public toilet rooms for Occupancy Group A (Assembly) or M (Mercantile) spaces will likely require access to a diaper changing station, accessible to both men and women.  Because this is an accessibility requirement, it is applicable to prior code buildings when a space is being altered.

New Self-Closing Door Requirements

Posted on June 18, 2018

This past December/January there was a series of fires in multi-unit apartment buildings the Bronx that resulted in 15 deaths and 29 injuries. Part of the severity of these fires can be attributed to the lack of self-closing doors leading from the apartments to the corridors, which allowed the flames to spread faster through the building.

On Saturday, June 9th, 2018 Law 111 of 2018 was enacted.  This law requires that all doors providing access to interior corridors or stairs in occupancy groups R-1 and R-2 shall be self-closing or equipped with a device that will ensure closing after having been opened.  Such requirement is retroactive and must be complied with as of July 31, 2021.   R-1 occupancies include hotels and other similar buildings.  R-2 occupancies include apartments/multifamily homes and other similar buildings.    This will be added  to Article 315, chapter 3, of title 28 of the Administrative Code, the article governing retroactive requirements, as §28-315.10.

In addition to requiring self-closing doors, the law requires that the owner of the building to keep and maintain such doors in good repair, failing to do so shall result in a class C immediately hazardous violation.  Such requirements can be will be added to Article 11 of subchapter 2 of the Housing Maintenance code, the article governing Protective Devices and Fire Protection, as §27-2041.1

Click here for copy of the text of LL 111 of 2018.

Know the Code for Barbecue Grills

Posted on May 17, 2018

It may not feel like it with all the recent rain, but summer is almost here. And with Memorial Day right around the corner, grilling season is upon us. We wanted to take a moment to bring back our highly sought after newsletter in getting you ready for the grilling season.

Keep in mind that there are regulations in the NYC Fire Code and the NYC Fuel Gas Code regulating how portable barbecues can legally be stored and operated here in New York City.
Portable outdoor barbecues are governed by Fire Code §307.5.

Grilling

Charcoal, electric, liquefied petroleum gas (LPG), or piped natural gas barbecues may be stored and used on residential premises. Portable barbecues may be used on other premises, except LPG barbecues, so long as such use is not prohibited by the Zoning Resolution, Construction Codes, or other rules and regulation promulgated by DOB or FDNY.

Rules to remember:

  • The grate area of the barbecue cannot exceed 10 square feet.
  • Barbecues must be at least 10 feet away from anything combustible, including combustible roofs and decks, and any door or window within 10 feet should be closed whenever feasible.
  • Have a portable fire extinguisher with a 4-A rating (class K for commercial cooking) or a garden-hose attached to a water supply readily available.
  • LPG containers are limited to 16.4 ounces for multi-family residential buildings (R-2 occupancies) and up to four of such containers may be stored indoors.
  • For single & two-family homes (R-3 occupancies) the same rules apply for 16.4-ounce containers as above, but such homes may also use an LPG container with a capacity up to 20 pounds. However, such 20-pound container shall not be stored or used indoors or on any rooftop or balcony. A maximum of two 20 pound containers may be used or stored on site.
  • Natural gas barbecues will need to comply with the NYC Fuel Gas code §263. Such installations must be installed by a New York City Licensed Master Plumber.
    Periodically clean barbecues grills and trays of any accumulated grease or fat.

Here is a list of NYC parks that allow barbequing. Keep in mind that LPG barbeques are not permitted in non-residential settings.

Link to DOB resources on barbecues can be found here.
Link to FDNY summer fire safety guide can be found here.

Reminder Construction Superintendents: Limit of Ten Jobs

Posted on April 20, 2018

November of last year we wrote that Local Law 81 of 2017 would be going into effect. Click here.  The law added requirements to Chapter 33 of the Building Code which included, among other things, the following:

3301.13.6 Limitations on the designation of primary or alternate construction superintendents. An individual may only be designated as a primary or alternate construction superintendent for that number of jobs for which he or she can adequately perform all required duties. No individual may be designated as the primary construction superintendent on more than ten jobs.

Even though this has been effect since November, the DOB has issued this service notice. The notice states that as of Monday, April 30, 2018 the Department will not issue or renew a permit if the designated Construction Superintendent is already designated on ten (10) or more active permits.

It appears that starting as of this date, the DOB will actively be verifying the number of jobs a particular construction superintendent is assigned to and enforcing the requirements of BC 3301.13.6 by not issuing/renewing permits. The service notice gives some guidance as to how to handle certain situations. It may be necessary to: change, withdraw, or release the construction superintendent depending on the status of the project in order to renew a permit or obtain a new one for a superintendent who has many active jobs.

See the service notice here or contact our office for more information or  learn more about how we can assist you with all your building needs!

Exciting Redesigned Online Zoning and Land Use Application (ZOLA)

Posted on April 6, 2018

New York City’s Department of City Planning has redesigned online Zoning and Land Use Application (ZOLA).  ZOLA is a very helpful tool and can display a vast amount of information for any property, but please keep in mind that all information is open source and should be verified.

ZOLA allows various overlays to be applied to the online map, such as, the zoning districts, inclusionary housing designated areas, transit zones, and subway locations. There are many features of the online ZOLA map that can assist with the planning of every building project.

Contact Design 2147, Ltd. for help navigating this remarkable tool and to help verify any of the information it presents.

A link to ZOLA can be found here.

DCA Amends Rules for Parking Licences

Posted on March 23, 2018

Currently, in order to have a Department of Consumer Affairs (DCA) license issued or renewed for the operation of a parking garage or lot a Certificate of Occupancy (CO) must be presented to the commissioner and such CO must list the approved number of vehicle spaces permitted in the garage or lot, pursuant to 6 RCNY § 2-161(a & b).

On April 18, 2018, 6 RCNY § 2-161(a & b) shall be amended to allow for applicants of the DCA license to self-certify that the proposed premises comply with all applicable local, state and federal laws and regulations, instead of presenting a CO. The number of vehicles shall be determined by either: 1) what the premises has previously been licensed for; or 2) In the case of newly licensed premises or premises seeking to increase the number of spaces, the applicant must submit documents to show the maximum vehicle capacity allowed by local, state or federal laws and regulations, as applicable. In either case, it must be certified, that the maximum vehicle capacity complies with such laws and regulations.

See the notice of the adopted rule here.

DOB and DCP allow for certain commercial terraces

Posted on March 19, 2018

Last year the DOB started cracking down on commercial terraces.  The building department began aggressively enforcing zoning provisions that require most commercial and manufacturing uses to “be located within completely enclosed buildings,” with certain exceptions for eating and drinking establishments.

As of Wednesday, March 14, 2018, the DOB released an official bulletin, in connection with an interpretation issued by the Department of City Planning that now allows for such terraces, so long as they are used for passive recreation accessory to the principal use.
For new buildings and certain terraces in existing building will require such terraces listed on the Certificate of Occupancy.  However, the DOB allows for certain existing buildings with terrace spaces that meet certain requirements can be legally occupied under an alteration type 2 application, without going through the process to amend the Certificate of Occupancy.
For more information, the building bulletin can be found here.
download

Upcoming Construction Embargoes

Posted on March 12, 2018

We wanted to remind all our friends regarding upcoming construction embargoes so you can plan accordingly.

A construction embargo will be in effect from 12:01 AM on Tuesday March 13, 2018, through 11:59 PM Saturday March 17, 2018 for the St. Patrick’s Day Parade.  During that time, only emergency work may be performed and only if an emergency number has been obtained from NYCDOT, all other non-emergency permits will be suspended. For more information see the New York City Department of Transportation’s website.  A map of the effected locations can be found here.
Additionally, an embargo will be in effect from 12:01AM Friday, March 16, 2018 through 11:59PM on Sunday, March 18, 2018 for the NYC Half Marathon. For a map of the effected locations, see the map here.

New BSA procedure for sites in flood zones

Posted on February 1, 2018

The Board of Standards and Appeals (BSA) recently updated their submission requirements for sites located in flood zones.

As of January 16th, 2018 all BSA applications are required to provide Flood Insurance Rate Maps (FIRMs)and state if the subject site is located in a flood zone.
If the site is located in a flood zone:
  • The building plans must undergo full DOB review;
  • The DOB Objection sheet, in its entirety, must be submitted to BSA;
  • A Zoning Resolution Determination (ZRD1) must be obtained to confirm compliance with the applicable sections of ZR Article 6, Chapter 4 (Special Regulations Applying in Flood Hazard Areas;)
  • AND must obtain a Construction Code Determination (CCD1)  to confirm compliance with BC Appendix G.
The administrative notice with the new requirements can be found on the BSA website under announcements or by clicking here.

Site Safety Update Reminder

Posted on January 26, 2018

We wanted to remind all our friends that Local Law 81 of 2017 went into effect on November 6, 2017.  Part of this law requires that a primary construction superintendent needs to have the site safety plan, signed and dated with all revisions clearly highlighted, kept on hand and made available upon request on site, per 2014 Building Code §3301.13.1.

As previously mentioned in our November 3rd, 2017 newsletter, there are additional site safety requirements concerning construction superintendent duties and when they must be designated, see newsletter here.

For more information regarding the requirement that the Site Safety Plan be kept on site, see the industry notice issued by the DOB here.

For additional information on the minimum requirements of Site Safety Plans, see the industry notice issued by the DOB here.

New Diaper Changing Station Requirements

Posted on January 19, 2018

diaper change

Local Law 34 of 2018 was signed into law on January 9, 2018.  The law adds a new accessibility requirement to Chapter 11 of the 2014 NYC Building Code, which will go into effect on July 7, 2018.

The new section is intended to make diaper changing stations accessible for everyone, including men, in public toilet rooms associated with certain building occupancy classifications.  The added section is as follows:
1109.2.4 Diaper changing accommodations. In assembly group A occupancies and mercantile group M occupancies on each floor level containing a public toilet room, both male and female occupants shall have access to at least one safe, sanitary and convenient diaper changing station, deck, table or similar amenity, which shall comply with Section 603.5 (Diaper Changing Tables) of ICC A117.1.
AC §28-101.4.3 requires all buildings, even prior code buildings, to comply with 2014 standards regarding accessibility.  Existing buildings will be required to comply with the new requirement if such a building/space is being altered and accessibility is required.  See 2014 BC 1101.3 for information on what sort of alteration trigger accessibility requirements in prior code buildings.
The new section does not have any explicit retroactive requirements, so it appears only new work and alterations related to the public toilet room or Assembly & Mercantile occupancy spaces would need to comply.
To see the full text of Local Law 34 for of 2018 click here.

DOB Mandates Fees for Determinations

Posted on January 11, 2018

The DOB has created new fees for determinations effective January 28, 2018.  These fees are established in an amendment to Section 101-03 of Chapter 100 of Title 1 of the Rules of the City of New York (RCNY).

Pursuant to this rule the first plan examination and second plan examination (review of objections) are included in the filing fee, as per current DOB practice.

The following are subject to a $1,000 fee:

  • Appeal determination (CCD1/ZRD1) of plan exam objection
  • Pre-determination (CCD1/ZRD1) request with respect to the Zoning Resolution, Construction Codes or 1968 or prior Building Code before application for construction document approval is submitted
  • Determination (CCD1) requesting a variation of the Construction Codes
  • Determination (CCD1) requesting a variation of the 1968 or prior Building Code
  • Determination (CCD1) requesting  a variation of section 277.16 of the New York State Multiple Dwelling Law (MDL) for Article 7B buildings

The following appeals are subject to a $2,500 fee:

  • Determination (CCD1) responding to a denial of a request for a variation of the Construction Codes
  • Determination (CCD1) responding to a denial of a request for a variation of the 1968 or prior Building Code
  • Determination (CCD1) responding to a denial of a request for a variation of section 277.16 of the New York State Multiple Dwelling Law (MDL) for Article 78 buildings
  • Determination (CCD1/ZRD1) responding to a denial of a pre-determination with respect to the Zoning Resolution, Construction Codes or 1968 or prior Building Code.

The following types of buildings are exempt from determination fees:

  • Construction or alteration of one-, two- or three-family dwellings
  • Any building that the New York City Department of Housing Preservation and Development (HPD) certifies is for the construction or rehabilitation of affordable housing

To read the entire adopted rule, see NYC Rules website here.

Reminder: Local Law Preventing Issuance of Permits for Penalties Due

Posted on December 21, 2017

Just a reminder, §28-105.1.2 of the administrative code becomes effective December 28, 2017.  Permits will not be issued where properties or owners owe in aggregate $25,000.00 or more in covered arrears.

Please note that these changes are not currently updated on the DOB’s online version of the 2014 Construction Codes, but has been incorporated into the City’s official publisher which can be found here.

Please read our original newsletter found here or below for more information.

City Council Enacts New Law Denying Building Permits to Property Owners that Owe Money to the City

Posted on September 8, 2017

On August 30, 2017, City Council enacted a local law, which does NOT take effect until 120 days after this enactment date, denying certain building permits where outstanding charges are owed to the City. Specifically, the law, which adds a new section to Article 105 Title 28 of the Administrative Code, maintains that NYC Department of Buildings (DOB) may not issue a building permit for a new building, demolition, place of assembly, or Alt-1 application for a property that owes $25,000 or more in “covered arears” to the City or if the owners of such property owe in aggregate $25,000 or more in “covered arrears” to the City.

“Covered arrears” includes (1) unpaid fines, civil penalties or judgments entered by a court or the Environmental Control Board (ECB) and (2) unpaid and past due fees or other charges lawfully assessed by the Commissioner of Buildings. “Covered arrears” does not include though any of these items that are currently in the appeals process.

However, a building permit may be issued if any of the following exceptions apply: Applicant submits a certification from Department of Finance that binding agreements are in force requiring payment of all covered arrears and the owners are in compliance with such agreement

  • If issuing a permit would correct an outstanding violation of the Administrative Code or any other applicable provisions of law or where such permit is necessary to protect public health and safety as determined by the Commissioner of Buildings.
  • Permit is issued for a portion of property occupied by a tenant who is not the owner of the property or responsible for the covered arrears owed with respect to the property
  • Permit is issued for a condominium or co-op within the property in question if owner of such condo/co-op does not owe $25,000 or more in aggregate to the City
  • The property was subject of a foreclosure judgment in favor of the City and was transferred by the City to a 3rd party
  • The property is the subject of a court order appointing an administrator in a case brought by HPD
  • The property is the subject of a loan provided by HPD or NYC Housing Development Corporation (HDC) for the purpose of rehabilitation that closed within the 5 years preceding the application of such permit
  • HPD or NYC HDC notifies commissioner that a permit is required for participation in a program that involves rehabilitation of such property

Finally, property owners seeking any one of the permits mentioned above, must include in their applications a certification stating whether they owe such covered arrears, a list of all properties for which the owner owes covered arrears and a list of all properties owned by the owner in general, and a description of any of the exceptions if they are so applicable.

DOB can audit at least 25% of such statements submitted under this new section of the Administrative Code each year.

Getting Ready for the Holidays

Posted on December 1, 2017

Design 2147 would like to remind our friends and family about filing Temporary Place of Assembly (TPA) permits for any upcoming holiday parties.

TPA permits are usually obtained for a specific event in a space that is not a Public Assembly (PA) with a Certificate of Operation.  TPAs may also be issued for temporary configurations in existing permanent PA spaces.

TPAs are required for gatherings of 75 people or more in an indoor space or roof terrace. TPAs are also required for gatherings of 200 people or more in a confined outdoor space (excluding terraces).

The following items are needed to file a TPA request:

  1. Plans, including furniture layout (signed & sealed by licensed professional)
  2. Request Letter describing event including specific dates and time of event (signed & sealed by licensed professional)
  3. DOB Filing Fee

TPA Timeline

TPA

During Event

  • Approved plans must be readily available on-site during event
  • DOB acceptance letter must be available on-site during event
  • FDNY inspection
    • Prior to or during the TPA event FDNY will come to inspect the space for compliance with approved plans
    • FDNY will invoice the building owner for this inspection

Additional Considerations

  • The duration of a TPA permit can range from one day (for a specific event) to thirty days for an on-going public assembly use. On-going TPA permits may be renewed every thirty days.
  • Typically, certified fire guards are required to direct occupants to exits as specified by the applicant and the DOB.

Any temporary structures, including tents greater than 400 square feet, may require permits.

Updated Site Safety Requirements

Posted on November 3, 2017

Local Law 81 of 2017 has added language to § 28-105.12.8 of the NYC administrative code and added a new section to Chapter 33 of the NYC Building Code.

The amendments go into effect next week, November 6, 2017:

The amended language of § 28-105.12.8 of the NYC administrative code requires that site safety plans shall require approval by the DOB where specified in the administrative or building codes.

The new section added to Chapter 33 of the NYC building code states when superintendents are required for construction or demolitions sites and their duties in § 3301.13 and include the following:

  • The construction of a new building;
  • The full demolition of an existing building;
  • An alteration to an existing building that involves a vertical enlargement; a horizontal enlargement; the alteration or demolition of more than 50 percent of the floor area of the building during the course of work over any 12 month period; the removal of one or more floors during the course of work over any 12 month period; work that requires a special inspection for underpinning; or work that requires a special inspection for the protection of sides of excavations; or
  • Other jobs that pose an enhanced risk to the public and property, as determined by the commissioner.
  • This section doesn’t apply to jobs that require a site safety manager or to 1-, 2-, or 3, family buildings.

Superintendents will have responsibilities including, but not limited to:

  • Appointing of an alternate construction superintendent, in the even the primary is unavailable;
  • Cannot be designated as a superintendent for more than 10 jobs;
  • Acting reasonably and responsibly;
  • Visiting a jobsite each day when work is occurring and inspecting every floor where work is occurring;
  • Ensuring there are no unsafe conditions/practices on site.

For more information, see the enacted legislation here.

Holiday Updates

Posted on October 26, 2017

With the holidays fast approaching, we wanted to take a moment to remind all our family and friends of closings and/or construction embargoes so that you can plan accordingly.

The Department of Buildings will be closed for the following upcoming holidays:

  • Election Day Tuesday, November 7, 2017
  • Veterans Day Friday, November 10, 2017
  • Thanksgiving Day Thursday, November 23, 2017
  • Christmas Day Monday, December 25, 2017
  • New Year’s Day 2018 Monday, January 1, 2018

Additionally, be aware that starting Wednesday November 15, 2017, the 2017 Department of Transportation Holiday Construction Embargo will go into effect and last through January 2, 2018.
Routine (non-emergency) work shall not be permitted unless approval from New York City Department of Transportation’s (NYCDOT) Office of Construction Mitigation and Coordination (OCMC) is first obtained. Emergency Street Openings/excavations are not affected by the embargo, but still require an emergency number obtained by the department in compliance with 34 RCNY §2-11.

See memo issued by the DOT here.

To see which streets are effected see DOT’s website here.

Heat Season Reminder

Posted on October 19, 2017

Design cares too

While it may not seem like it, we are a few weeks into the 2017-2018 heat season.  Landlords are required to provide heat for their tenants from October 1 through May 31.

NYC Council passed legislation earlier this year which modified the temperature requirements for buildings providing heat, see Local Law 2017/086 & §27-2029 of the New York City Administrative Code. The daytime requirement, between 6:00 AM and 10:00 PM shall remain the same, requiring that the minimum indoor temperature be 68 degrees Fahrenheit when the outdoor temperature falls below 55 degrees.

However, the minimum overnight temperature, between 10:00 PM and 6:00 AM the minimum indoor temperature must be maintained at least 62 degrees Fahrenheit (up from 55), and this temperature must be maintained regardless of the outdoor temperature (previously only required heating when outside temperature dropped below 40 degrees).

According to HPD’s website, as of October 18, 2017, there have already been 4,136 complaints this season. Make sure that rental properties are being heated adequately to avoid fines which can be between $250-$500 per day for initial violations on a building and between $500-$1,000 per day for each subsequent violation at the same building.

More Info:
Heat and Hot Water

Back to Basics: Water Bottle Fillers for Drinking Fountains

Posted on October 12, 2017

Most building code occupancy classifications require that drinking fountains be provided, per Plumbing Code (PC) Table 403.1, with the exception of restaurants where water is served and most residential occupancies.

In an attempt to reduce the amount of waste, Local Law 55 of 2010 made a significant changes to PC 410, which went into effect on July 1, 2012.

PC 410.1 requires that all such required drinking fountains have both a bubbler faucet and a separate faucet capable of filling a 10″ high container. However, PC 410.2 allows for up to 50 percent of the required drinking fountains to be substituted by dedicated plumbing fixtures with faucets designed for filling a container at least 10 inches in height, provided any such dedicated plumbing fixture is adjacent to or readily visible from the location of a required drinking fountain conforming to PC 410.1.

Water filler

DOB Balcony Regulations

Posted on September 29, 2017

The DOB has recently been ensuring balcony enclosure compliance through required façade inspections. Read more below about the history of balcony enclosures and current compliance options.

On June 17, 1976 the Department of Buildings issued a memorandum on enclosed balconies. The memo allowed the enclosure of balconies with open screening, metal and glass panels, and various other types of light wall assemblies without obtaining permits. Such enclosures were treated temporary in nature and were not counted as floor area.

On October 2, 2011, 1 RCNY §101-14 was amended. The amendment allowed balcony structures to continue to be installed without a permit, but only if the balcony enclosures were less than 40 feet above grade and only for screened enclosures. The rule was also amended to clarify that more permanent weather-resistant enclosure, such as those with windows and solid walls, all require permits. Even though 1 RCNY §101-14 effectively superseded the 1976 memo, the was officially rescinded relatively recently by Buildings Bulletin 2014-024 dated December 3, 2014.

Why does this matter now?

As part of Façade Inspection and Safety Program, buildings more than six stories must have exterior walls and appurtenances inspected every five years. Appurtenances include balconies. Many buildings have not been inspected since the 1976 memo was officially rescinded in late 2014. Qualified Exterior Wall Inspectors are instructed to examine balconies as part of their inspection.

If a screened (non-permanent) balcony exists above a height of 40 feet, evidence will need to be provided showing that such an enclosure was installed prior to October 2, 2011. If evidence cannot be provided, the screening will either need to be removed or a permitted.

Similarly, if a balcony is fully enclosed and has a building notice or permit, it can remain if it is being used per the requirements of the 1976 memo. Otherwise, the inspector shall note as such in the compliance report, notify the building owner of DOB requirements for filing compliance, and either the balcony must be permitted or removed by the next façade inspection cycle. Fully enclosed balconies require an alteration type 1 to be filed; as such enclosures are an increase to floor area.

For more information see:
Design Professional Summary: FISP Requirements for Balcony Enclosures
Owner Summary: FISP Requirements for Balcony Enclosures
Building Bulletin 2014-024
Memo of June 17, 1976
1 RCNY §101-14

DOB NOW: Build Update

Posted on September 22, 2017

As part of an initiative to streamline services the Department of Buildings (DOB) has been incrementally launching self-service online tools for Owners, Design Professionals, Filing Representatives, and Licensees.  Recently antenna and curb cut filings were added to the roster of applications to be filed online.

9222017

As of August 28, 2017 all antenna and curb cut filings must be filed online through DOB NOW: Build. Applications submitted to the borough office/HUB are no longer be accepted.

For more information see DOB NOW: Build FAQs.

As a reminder Plumbing, Sprinkler, and Standpipe Job Filings have already gone live on DOB NOW: Build, but it is optional to file online, work can still be filed with the borough office/HUB.

Sidewalk Shed, Fence, Supported Scaffold and Sign filings are targeted to go live October 16, 2017.

City Council Enacts New Law Denying Building Permits to Property Owners that Owe Money to the City

Posted on September 8, 2017

On August 30, 2017, City Council enacted a local law, which does NOT take effect until 120 days after this enactment date, denying certain building permits where outstanding charges are owed to the City. Specifically, the law, which adds a new section to Article 105 Title 28 of the Administrative Code, maintains that NYC Department of Buildings (DOB) may not issue a building permit for a new building, demolition, place of assembly, or Alt-1 application for a property that owes $25,000 or more in “covered arears” to the City or if the owners of such property owe in aggregate $25,000 or more in “covered arrears” to the City.

“Covered arrears” includes (1) unpaid fines, civil penalties or judgments entered by a court or the Environmental Control Board (ECB) and (2) unpaid and past due fees or other charges lawfully assessed by the Commissioner of Buildings. “Covered arrears” does not include though any of these items that are currently in the appeals process.

However, a building permit may be issued if any of the following exceptions apply: Applicant submits a certification from Department of Finance that binding agreements are in force requiring payment of all covered arrears and the owners are in compliance with such agreement

  1. If issuing a permit would correct an outstanding violation of the Administrative Code or any other applicable provisions of law or where such permit is necessary to protect public health and safety as determined by the Commissioner of Buildings.
  2. Permit is issued for a portion of property occupied by a tenant who is not the owner of the property or responsible for the covered arrears owed with respect to the property
  3. Permit is issued for a condominium or co-op within the property in question if owner of such condo/co-op does not owe $25,000 or more in aggregate to the City
  4. The property was subject of a foreclosure judgment in favor of the City and was transferred by the City to a 3rd party
  5. The property is the subject of a court order appointing an administrator in a case brought by HPD
  6. The property is the subject of a loan provided by HPD or NYC Housing Development Corporation (HDC) for the purpose of rehabilitation that closed within the 5 years preceding the application of such permit
  7. HPD or NYC HDC notifies commissioner that a permit is required for participation in a program that involves rehabilitation of such property

Finally, property owners seeking any one of the permits mentioned above, must include in their applications a certification stating whether they owe such covered arrears, a list of all properties for which the owner owes covered arrears and a list of all properties owned by the owner in general, and a description of any of the exceptions if they are so applicable.

DOB can audit at least 25% of such statements submitted under this new section of the Administrative Code each year.

LPC Comments Can Now Be Submitted Online

Posted on August 25, 2017

LPC Comments Can Now Be Submitted Online.

The Landmark Preservation Commission (LPC) oversees the regulation of over 36,000 landmarked buildings and 141 historic districts within New York City.

The LPC identifies potential landmark buildings and historic districts and also oversees applications to make alterations to such buildings.

When such buildings or districts are proposed to be designated or permits are requested to do work on such buildings, there is a public involvement in the form of hearings and subsequent meetings.

The LPC takes written testimony from the public on these buildings and such written testimony can now be submitted online via an online form. All written testimony submitted online must be received by 4:00 PM on the Monday preceding the hearing or meeting.

To see the calendar of LPC’s agenda of meetings & hearings see the Public Hearing agenda and the associated presentation material for the hearings and meetings can be found here.

HPD Property Registration due 9/1

Posted on August 17, 2017

The registration period for property registration with the Department of Housing Preservation & Development (HPD) is currently open.  All property owners of multiple dwellings (3+ residential units) and owners of one- or two-family dwellings where neither the owner nor any immediate family occupies the residence must register by September 1, 2017. This includes owners of hotels and the boards for condominiums and cooperative apartments.

To complete the registration visit NYC HPD Property Registration Online System the appropriate form must be completed, printed, signed, and mailed to HPD.

Failure to register can result in civil penalties ranging from $250 to $500.  Additionally, failure to register a property with three or more units will bar owners from bringing actions of nonpayment against tenants in housing court.

For more information click here.

City Council Adopts East Midtown Rezoning

Posted on August 11, 2017

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On Wednesday August 9, 2017, City Council adopted with modifications the proposed zoning text amendment that establishes the East Midtown Subdistrict within the Special Midtown District. The approved Greater East Midtown text amendment can be found on the Department of City Planning’s (DCP)website N 170186(A) ZRM. The East Midtown Subdistrict is a 78-block area running from East 39th Street to East 57th Street, from Third to Madison Avenues.

The East Midtown area is a business hub, already containing 60 million square feet of office space. This amendment increases as of right Floor Area Ratios (FARs) for commercial uses from 12.0 to 15.0 to as high as 18.0 to 27.0 in the East Midtown Subdistrict. Such increased FARs can be achieved in various ways including:

  • The Transfer of Landmarked Development Rights: The rezoned area has roughly 3.6 million square feet of landmarked development rights that can now be more easily transferred. A public realm improvement fund will receive either 20 percent of the value of these air rights sales or $61.49 per square foot-whichever is greater.
  • The Rebuilding of Legally Non-Compliant Floor Area: Existing non-complying buildings that are overbuilt can be completely rebuilt to the same square footage as complying buildings, subject to CPC approval, utilizing the existing non-compliant floor area without being subject to the limitations of ZR 54-41 which only allows a building to be reconstructed with non-complying bulk if 75% or less of the building is demolished.
  • The completion of direct improvements to below-grade transit infrastructure: FARs will be increased for specified transit improvements. The site to benefit from such increased FAR must be within a designated transit improvement district as defined within the subdistrict.

Additionally, as part of the rezoning, sites of 30,000 sf or more must provide an indoor or outdoor public space; sites of 45,000 sf or more must provide a public outdoor space except when precluded from doing so by district plan rules, and sites of 65,000 sf or more must either dedicate 10 percent of its site to public

Summer Streets DOT Construction Embargo

Posted on August 3, 2017

A DOT Construction Embargo went into effect Monday, July 31st (12:01 am) through Saturday, August 19th (6:00 pm) in Manhattan. The main embargo is primarily along Park Avenue for twenty days. The event day embargo is more wide reaching with more extensive street closures on the following Saturdays: August 5th, August 12th and August 19th, 2017 from 12:01 am to 6:00 pm.

For a full map of the embargo locations see the map here

During DOT construction embargoes, only emergency work authorized by the Department of Transportation may take place. Any non-emergency DOT permits issued prior to the date of this notice are suspended for the dates and locations indicated. Utility cover openings are restricted unless an emergency authorization number has been obtained from the DOT. Emergency work may be performed if an emergency number is obtained by the permittee pursuant to the provisions of section 2-11 of the Department’s Highway Rules which can be found here.

Summer Streets is an annual event which includes a wide variety of events to promote healthy recreation and sustainable transportation.  All events are free and streets are closed to vehicular traffic.

To learn more see the Summer Streets homepage here

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DOB Now: Inspection Accounts

Posted on July 7, 2017

Attention all property owners – double check the email address you have on file with DOB NOW: Inspections.  The registered email on file must exactly match the email address inserted in Section 26 of the related Plan Work Application (PW1) or Section 6 of the Place of Assembly Applications (PA1).

If the registered email on DOB NOW: Inspections does not match what is listed on the forms, a Post Approval Amendment (PAA) will need to be filed to correct the form.  The normal PAA processing fee of $100.00 will apply to any changes to the PW1.  Verifying that the proper email address is in the DOB’s system can save time when scheduling inspections.

For more information, see the DOB Service Notice posted here.

DOB No-Penalty Retaining Wall, Deck and Porch Program

Posted on June 23, 2017

Summer is here! With the heat, New Yorkers will be spending more time outside on their porches, decks, and retaining walls, but when was the last time that retaining wall, deck, or porch was inspected or had repairs done?

The Department of Buildings offers a yearly program that allows property owners to request a penalty-free no cost inspection of retaining walls, decks, and porches to help ensure that the structures are both legal and safe for use during this summer season.
Property owners have a responsibility to ensure that their decks and porches are maintained in a safe condition at all times. The free inspection will allow property owners a chance to be made aware of any hazardous conditions for porches, decks, and retaining walls, at no cost to them. If any unsafe conditions are found, the Department of Buildings will give property owners time to the corrective repairs, which are required by law, and will defer issuing violations.
To take advantage of the program, call 311 to request an inspection before July 29, 2017.
For more information on the program see:
DOB Press Release
No Penalty Deck and Porch Inspection Program

Midtown East Rezoning Approved by City Planning

Posted on June 19, 2017

East Midtown is one step closer to having a zoning text and map amendment.

On June 7, 2017, the New York City Planning Commission (CPC) approved the proposed amendment that would establish the East Midtown Subdistrict within the Special Midtown District. The CPC reports have recently been posted to the Department of City Planning’s (DPC) website N 170186A ZRM (text amendment) & C 170187 ZMM (map amendment).

The East Midtown area is a business hub, already containing nearly 60 million square feet of office space. The current as of right Floor Area Ratios (FAR) within the area to be affected ranges from 12.0 to 15.0 for commercial uses. The proposed amendment could increase as of right FARs within the subdistrict to be increased to as high as 18.0 to 27.0. Such increased FARs can be achieved in various ways including:

  • The transfer of landmark development rights: The amendment strives to make the transfer of such development rights easier.
  • The rebuilding of legally non-compliant floor area:  Existing non-complying buildings that are overbuilt can be completely rebuilt as complying buildings, subject to CPC approval, utilizing the existing non-compliant floor area without being subject to the limitations of ZR 54-41 which only allows a building to be reconstructed with non-complying bulk if 75% or less of the building is demolished.
  • The completion of direct improvements to below-grade transit infrastructure:  FARs will be increased for specified transit improvements. The site to benefit from such increased FAR must be within the same subarea (areas defined within the subdistrict) as the transit improvement.

The City Council will have to review and adopt any of these changes, but according to the timeline posted on the DPC’s website, the City Council review is allotted 50 days. The timeline can be found here under “public review.”

New Crane Lift Director Rule

Posted on May 25, 2017

Based on recent crane safety events Mayor Bill de Blasio and Buildings Commissioner Rick Chandler created the Crane Safety Technical Working Group (TWG).  This group recommended that a crane lift director be “present at the jobsite full time, charged with supervising the overall activity of the crane and monitoring compliance with city crane regulations.”

crane

The DOB adopted a rule regarding lift directors which went into effect May 24, 2017. The rule identifies lift director responsibilities in compliance with standards established by the B30 model standards for cranes, derricks, and rigging published by the American Society of Mechanical Engineers (ASME). The rule also requires that a lift director be present at a construction site while a crane or derrick is performing certain tasks.
The adopted lift director rule can be found here.
Contact the DOB Cranes & Derricks unit for any questions:
Cranes & Derricks Unit
280 Broadway, 5th Floor
New York, NY 10007
9:00 am to 3:00 pm (M-F)
(212) 393-2411

Celebrating Bike Month

Posted on May 12, 2017

In celebration of Bike Month, we wanted to revisit our prior newsletter regarding bicycle access in office as well as residential buildings, protected bike lanes and review the latest bike map.

As you know, cycling is booming in the city.  New York City doubled bicycle commuting between 2007 and 2011, and estimated it to triple by 2017.  Commuter cycling has increased by 26% between 2008-2009 and more than doubled since 2005. The New York City Department of Health (DOH) estimates that over a half million New Yorkers ride bikes. In New York City, 10% of auto trips are under one-half mile, 22% are under 1 mile and 56% are under 3 miles – which are all distances that may possibly be served by bicycle.

The New York City Department of Transportation (DOT) has completed the City’s ambitious goal of building 200 bike-lane miles in all five boroughs in just three years, nearly doubling the citywide on-street bike network while reshaping the city’s streets to make them safer for everyone who uses them.

To review our previous newsletter regarding bicycle access in office and residential buildings, click here or protected bicycle lanes, click here.

To see the 2017 NYC bike map, click here.

design-bike

Planning a Party This Summer?

Posted on May 5, 2017

party

With the warm summer weather fast approaching and many events upcoming make sure your space is compliant with a Temporary Place of Assembly (TPA).

TPA permits are usually obtained for a specific event in a space that is not a Public Assembly (PA) with a Certificate of Operation. TPAs are required for gatherings of more than 75 people in an indoor space or roof terrace. TPAs are also required for gatherings of 200 people or more in a confined outdoor space (excluding terraces).

The duration of a TPA permit can range from one day (for a specific event) to thirty days for an on-going public assembly use. On-going TPA permits may be renewed every thirty to ninety days.

Typically, certified fire guards are required to direct occupants to exits as specified by the applicant and the DOB.

TPA requests must include:

  1. Plans, including furniture layout (signed & sealed by licensed professional)
  2. Request Letter describing event including specific dates and time of event (signed & sealed by licensed professional)
  3. DOB Filing Fee

TPA Timeline

10 Business Days

Prior to Event

3 Business Days

Prior to Event

Day Before Event Day of Event During Event
Earliest day to submit TPA request

DOB TPA filing fee

Last possible day to submit TPA request

DOB TPA filing fee

+ Priority DOB filing fee

DOB objections (if any) e-mailed to applicant Resubmit TPA plans/request to address objections (if any)

Receive DOB Approval Letter

Architect ensures space complies with DOB Approval Letter & Approved plans

FDNY Inspection

 

During Event

  • Approved plans must be readily available on-site during event* DOB acceptance letter must be available on-site during event
  • FDNY inspection
    • During the TPA event (per time period specified in request letter) FDNY will come to inspect the space for compliance with approved plans
    • FDNY will invoice the building owner for this inspection

Applications Filed by Sign Hangers

Posted on April 21, 2017

Earlier this month the DOB established a new rule which allows licensed sign hangers to file certain applications.

Licensed sign hangers will now be able to file applications to hoist, lower, hang, or attach certain wall-mounted, accessory signs and related structural elements without a registered design professional.

All sign applications must comply with the New York City Building Code and Zoning Resolution.

Master Sign Hangers are licensed to raise, lower, hang, or attach signs regardless of weight.

Special Sign Hangers are licensed to raise, lower, hang, or attach signs that are smaller than 150 square feet and weigh less than 1,200 pounds.

Licensed Sign Hangers may file applications for the following types of signs:

  • Wall mounted accessory signs
  • Smaller than 150 square feet
  • Weigh less than 300 pounds
  • Project no more than 18 inches beyond face of a building
  • Entire sign is located below the height of the second story ceiling

For more information about licensed sign hangers see the DOB page click here

To read the full text of the adopted rule click here

Upcoming April DOT Construction Embargoes

Posted on April 14, 2017

There are several upcoming DOT construction embargoes for the month of April.

During DOT construction embargoes, only emergency work authorized by the Department of Transportation may take place. Any non-emergency DOT permits issued prior to the date of this notice are suspended for the dates and locations indicated. Utility cover openings are restricted unless an emergency authorization number has been obtained from the DOT. Emergency work may be performed if an emergency number is obtained by the permittee pursuant to the provisions of section 2-11 of the Department’s Highway Rules which can be found here.

Easter Sunday Mass Construction Embargo

April 14-16, 2017

Manhattan: 5th Avenue between East 47th Street and East 57th Street

See map here.

 

Car Free Earth Day Construction Embargo

April 17-22, 2017

Manhattan: Broadway between 17th Street and 47th Street

See map here.

 

Five Boro Bike Tour Construction Embargo

April 28- May 7, 2017

All Boroughs, see map as certain locations are subject to a five day embargo.

See map here.

Back to Basics: Sprinklers for Residential Buildings

Posted on April 7, 2017

Sprinkler systems are an integral part of a building’s fire protection system and as such are governed by several standards.

Sprinkler systems are subject to Chapter 9 (Fire Protection Systems) and Appendix Q (Modified National Standards for Automatic Sprinkler, Standpipe, Fire Pump and Fire Alarm Systems)of the 2014 NYC Building Code. Chapter 9 (Fire Protection Systems) of the 2014 NYC Fire Code also has regulations for sprinkler systems.

Most residential building (group R occupancies) are required to have an automatic sprinkler system.  Automatic sprinkler systems are NOT required in detached one-family dwelling, detached two-family dwellings, and townhouses if the residences are three stories or less above grade and have separate means of egress.

To view our previous newsletter regarding retroactive sprinkler requirements for high-rise office buildings click here.

Waldorf-Astoria Hotel Interiors Now Landmarked

Posted on March 31, 2017

Earlier this month several interior spaces of the Waldorf-Astoria Hotel were declared historic landmarks by the New York City Landmarks Preservation Commission (LPC).  The exterior of the hotel was designated as a NYC landmark in 1993.

The landmarked interior spaces include interconnected rooms on the first, second, and third floors. The Park Avenue lobby, entry hall with stunning murals and floor mosaic, wood-paneled Main Lobby, and iconic double staircase are all part of the first floor interior landmarked area. The third floor Silber Gallery with ceiling murals of the months of the year by American artist Edward Emerson Simmons, which are some of the few remaining features of the hotel’s original Fifth Avenue building, are also landmarked. Accommodating 1,550 people, the Grand Ballroom with its’ projecting balconies and decorative ceiling relief has been host to many historic New York City events. The Waldorf-Astoria Hotel is prominent and contains some of the most culturally significant Art Deco interiors in New York City.

To read the full LPC designation report on the Waldorf-Astoria Hotel interiors, click here.

DOB Gas Piping Work Civil Penalty Amnesty Program

Posted on March 23, 2017

To encourage the repair and resolution of any gas piping work completed without a permit, effective April 5, 2017 Local Law 158 of 2016 launches a Gas Piping Work Civil Penalty Amnesty Program.

Any associated DOB civil penalties for legalization of fuel gas piping systems or a violation for work performed without a permit associated with fuel gas piping systems will be waived if:

  • The work was performed or the violations were issued prior to April 5, 2017 and civil penalties have not yet been paid; and
  •  A permit is obtained to resolve the unauthorized work between April 5, 2017 and October 5, 2017; and
  • The application is signed off one year from the day the permit is issued.

Any such Gas Piping Work Civil Penalty Amnesty jobs must be submitted as a Limited Alteration Application (LAA) filing.  LAAs are filed by Licensed Master Plumbers, Licensed Master Fire Suppression Piping Contractors, or Licensed Oil Burner Installers.

Any non-LAA work or other non-gas work included in the violation must be filed separately and is not eligible for the Amnesty Program.

The Gas Piping Work Civil Penalty Amnesty Program only applies to DOB Civil Penalties and is not applicable to ECB fines.

To see to full text of Local Law 158 of 2016 click here.

To read our prior newsletter regarding gas safety, click here

DOT Construction Embargo NYC Half Marathon

Posted on March 17, 2017

In preparation for the NYC Half Marathon this Sunday, a DOT special event construction embargo will be in effect.

On Friday, March 17 from 12:01 AM through 11:59 PM Sunday, March 19, 2017 only emergency work may be performed if issued an emergency number from the NYC Department of Transportation (DOT).

Permits issued for non-emergency work are suspended for the duration of the embargo in the locations listed below.

For a map of embargoed locations in Manhattan click here.

Locations:

Formation

  • 59th Street between 7th Avenue and 5th Avenue
  • Grand Army Plaza between 59th Street and 60th Street
  • Central Park East Drive between 60th Street and 72nd Street
  • Central Park Center Drive between 59th Street and Central Park East Drive

Route

  • Central Park East Drive between 72nd Street and 110th Street/Lenox Avenue
  • Lenox Avenue between 110th Street and 113th Street
  • 110th Street between Lenox Avenue and Frederick Douglass Circle
  • Frederick Douglass Circle (Entire Traffic Circle)
  • Central Park West Drive between Central Park East Drive and 59th Street
  • 59th Street between 7th Avenue and Columbus Circle (Alternate)
  • 7th Avenue between 59th Street and 42nd Street
  • 42nd Street between 7th Avenue and West Side Highway
  • West Side Highway (Northbound) between 42nd Street and 43th Street
  • West Side Highway (Southbound) between 43th Street and Battery Park Underpass
  • Battery Park Underpass (Southbound) between West Side Highway and FDR Drive/South Street Exit/Old Slip
  • West Street between Morris Street and Battery Place (Alternate)
  • Battery Place between West Street and State Street (Alternate)
  • State Street between Battery Place and Pearl Street (Alternate)
  • Whitehall Street between Water Street and South Street (Alternate)
  • South Street between Whitehall Street and Old Slip (Alternate)
  • Old Slip (Eastbound and Westbound) between South Street and Water Street
  • Water Street between Old Slip and Fulton Street

Dispersal

  • Fulton Street between Gold Street and Water Street
  • Pearl Street between Fulton Street and Beekman Street

Miscellaneous

  • Front Street between Maiden Lane and Wall Street
  • Hanover Square between Water Street and Pearl Street
  • John Street between Water Street and Pearl Street
  • Maiden Lane between Water Street and Pearl Street
  • Wall Street between Pearl Street and Front Street
  • Water Street between Coenties Slip and Old Slip
  • 46th Street between 6th Avenue and 7th Avenue

Reminder: Sprinklers for Office Buildings

Posted on March 10, 2017

Sprinkler

High-rise office buildings are subject to retroactive sprinkler requirements. Office buildings which are 100 ft or more in height must be fully sprinklered by July 1, 2019 per Local Law 26 of 2004.

As part of the implementation of LL26/04, interim progress reports are required to be filed until the subject buildings are fully sprinklered. Previously required reports were the owners affidavit in 2005 and the seven year report in 2007.

A fourteen year report must be filed by July 1, 2018 unless a final report indicating the building is fully sprinklered was filed. The 14-year report must contain a certification by an architect or engineer of the percentage of the building which is sprinklered and an implementation plan detailing when and how the remainder of the building will be sprinklered.

To read more about the sprinkler requirements per Local Law 26 of 2004 see Buildings Bulletin 2011-019 here.

Back to Basics: Determinations and Waivers

Posted on March 2, 2017

Many complex projects require special consideration from the Department of Buildings (DOB) regarding various Code and Zoning topics. These requests are often referred to reconsiderations, pre-considerations, predeterminations, waivers, or variances – they are all considered determinations.

Determinations must be filed for a specific property-the DOB will not review a determination which is a general request and not building specific. Determination requests can be filed before a DOB application is filed, known as a predetermination, or after a DOB application is filed. Determinations can also be filed in response to a DOB Plan Examiner objection. Attachments such as plans, sketches, or other supporting documentation are often submitted with determination requests.

Zoning Resolution Determination (ZRD1) are filed with DOB for interpretations and clarifications of the Zoning Resolution. Any variances of the Zoning Resolution must be filed with the Board of Standards and Appeals (BSA).

A Construction Code Determination (CCD1) may be filed with DOB for interpretations, clarifications and variances of the Building Code, Rules, or Multiple Dwelling Law Sec. 277.16 (Article 7B conversions). Any variance requests must include an explanation of the practical difficulty or hardship in complying with the code and a description of the proposed equally safe alternative.

Accessibility waivers will not be issued by the DOB without approval from the Mayor’s Office for People with Disabilities (MOPD). Once MOPD grants an accessibility waiver it can be submitted to the DOB.

Contact us for more information about how Design 2147 can help you with determinations!

LPC Designates Morningside Heights New Historic District

Posted on February 24, 2017

 

Morningside District

On February 21st, 2017, the Landmarks Preservation Commission (LPC) unanimously approved the Morningside Heights Historic District in Manhattan.  This new landmark district includes 115 residential and institutional buildings. Morningside Heights is the 141st historic district designated by LPC.

LPC launched the agency’s first 3-D Historic District Map, which can be found here. This map allows users to see a 3-D representation of buildings in the district. Clicking on buildings in the district provides additional information and current photos.

To read the full LPC press release regarding this new historic district click here.

Upcoming DOT Construction Embargoes

Posted on February 10, 2017

DOT Construction

We hope to find you warm and well in light of yesterday’s snowstorm. Aside from the inconvenience faced by all due to the aftermath of it all, we wanted to take a moment to remind you of upcoming DOT construction embargoes.

State of the City Address Construction Embargo – February 11-13, 2017

A special event construction embargo is in effect for State of the City Address. From 12:01 AM Saturday, February 11 through 11:59 PM Monday, February 13, 2017, only emergency work may be performed provided an emergency number is received from the New York City Department of Transportation (DOT). Any non-emergency permits issued prior to the date of this notice are suspended for the dates and locations indicated. Utility cover openings are also restricted unless an emergency authorization number has been obtained from the DOT. There will be strict enforcement of this embargo and violators are subject to be summonsed. The embargoed locations in Manhattan are as follows (see

map):

Locations:

    • 126th Street between Adam Clayton Powell Blvd and Lenox Ave
    • 125th Street between Morningside and Madison Aves
    • 124th Street between Adam Clayton Powell Blvd and Lenox Aves
    • Lenox Avenue between 126th and 124th Streets
    • Adam Clayton Powell Blvd between 126th and 124th Streets

New York Fashion Week Construction Embargo – January 20-February 24, 2017

A special event construction embargo has been in effect for New York Fashion Week. During this time frame, only emergency work may be performed provided an emergency number is received from the DOT. Any non-emergency permits issued prior to the date of this notice have been suspended for the dates and locations indicated below. Utility cover openings are also restricted unless an emergency authorization number has been obtained from the DOT. There have been strict enforcement of this embargo and summonses have been issued to violators. The embargoed dates and locations in Manhattan are as follows (see

map):

Clarkson Square – Venue #1:

Dates: 12:01 AM Friday, January 20 through 11:59 PM Friday, February 24, 2017

Locations:

    • West Street between Spring and Clarkson Streets
    • Washington Street between Spring and Clarkson Streets
    • Greenwich Street between Spring and Clarkson Streets
    • West Houston Street between Greenwich and West Streets
    • Clarkson Street between Greenwich and West Streets
    • Spring Street between Greenwich and West Streets

Venue #2:

Dates: 12:01 AM Wednesday, February 8 through 11:59 PM Thursday, February 16, 2017

Locations:

    • 10th Avenue between West 13th and West 14th Streets
    • 6th Avenue Between Laight and York Streets

Venue #3:

Dates: 12:01 AM Monday, February 6 through 11:59 PM Wednesday, February 15, 2017

Locations:

    • Bethune Street between Washington and Greenwich Streets
    • Washington Street between Little West 12th and Bethune Streets

Reminder Regarding Compliance of Single-Occupant Restrooms

Posted on February 2, 2017

Back in June 2016 we informed you of the requirements concerning gender neutral restrooms (viewable here).

Now that the requirement is in full effect, we wanted to remind you of this.

Local Law 79 of 2016 required gender-neutral single-occupant restrooms in NYC.  All existing single-occupant bathrooms were required to be available to all genders by January 1st, 2017.

No physical alteration is intended to be required for such restrooms, except updated signage.

Local Law 79 of 2016 included various amendments to the 2014 Administrative, Plumbing, and Building Codes. These changes were published as Update #17 which can be found here.

DOB NOW Public Portal Launched

Posted on January 26, 2017

Back in September 2016 we informed you of DOB NOW being launched in phases starting with Plumbing and Sprinkler filings (viewable here).

We are pleased to update you again that a new online portal has opened as part of the Department of Buildings’ DOB NOW initiative.

Any façade, plumbing, sprinkler, and standpipe applications filed through DOB NOW will only be available on the DOB NOW Public Portal and will not be found in BIS. All other data on a property, such as complaints and violations, may currently be accessed through BIS.

The DOB NOW Public Portal will eventually replace the BIS system (Building Information Search). This change will not occur until all applications are filed through the DOB NOW system. Until then both the DOB NOW Public Portal and BIS system will need to be used to search applications.

View the DOB NOW Public Portal here.

See the DOB NOW Public Portal FAQ published by the DOB here.

See the DOB NOW Public Portal manual published by the DOB here.

LPC Backlog Initiative Concludes and New Historic District

Posted on January 20, 2017

Since 2015 the Landmarks Preservation Commission (LPC) has been working to address a backlog of 95 sites which were calendared, or under consideration for designation, prior to 2010. A large portion of these sites had been calendared for 20 years or more.

The LPC Backlog Initiative is now closed, successfully designating 27 sites in 18 months and cutting through 50 years of backlog!

10 sites were designated in Manhattan, 6 sites in Brooklyn, 3 in Queens, 1 in the Bronx, and 7 sites designated in Staten Island.  To see the full list of sites designated as part of the backlog initiative click here.

LPC also designated a new historic district in Manhattan. The Sullivan-Thompson Historic District contains approximately 157 buildings which include row houses, tenements, commercial buildings, and institutions. This district is notable for its rich immigrant history and its Italian American population. The Sullivan-Thompson Historic District is the 140th New York City Historic District.

For more information about the Sullivan-Thompson Historic District see the LPC press release here.

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