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.

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.

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 to 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.

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

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:

§ 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.
907.2.11.5 Smoke alarms and smoke detectors in group R occupancies.
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.
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.
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.

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.

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.

This past December/January there was a series of fires in multi-unit apartment buildings in 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 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 a copy of the text of LL 111 of 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.

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 regulations promulgated by DOB or FDNY.

Rules to remember:

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.

New York City’s Department of City Planning has redesigned the 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.

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.