The rule was published in the City Record on 8/29/23. The effective date is 9/28/23.
NYSSPE 2023 Fall Conference – 6 PDHs
Dates: October 27-28, 2023
Location: Holiday Inn, 232 Broadway, Saratoga Springs, NY.
Cost: $195 member; $245 non-member
Registration Now Open! Click Here
We want to see you in Saratoga!
Get back to meeting in person! See friendly faces and network with multi-disciplinary Professional Engineers. You will also have access to our exhibitors who will be showcasing great products that can help your career and business. Exhibitors & Sponsors listed on our Event Notice.
Some Seminar Topics:
Battery Energy Storage System Concepts
A Case Narrative of an Indoor Odor Investigation
Alternative Fuels for Electric Power Generation
Networked Geothermal Heat Pump Systems as an Alternative to Natural Gas
Airport Security Design for Engineers
Advancing Equity in Transportation Projects Planning
For more information & registration: Click Here
NYC Building Electrification Law LL154 of 2021
What You Need to Know….
Local law 154 of 2021 prohibits the onsite combustion of fuels that emit more than 25kg CO2/MMBTU.
What does this mean?
The City is phasing out the usage of natural gas and fuel oil in buildings for cooking, heating and service hot water (Service HW). This impacts appliances such as cooking ranges and clothes dryers.
What types of applications are affected and when?
New Building ,or Alt-CO New Building with Existing Elements to Remain (alterations that must be filed as New Buildings). submitting applications on or after these dates:
January 1, 2024: for-Group R-3 (1,2 family homes) and all occupancies less than 7 stories (excluding Service HW)
December 31, 2024: for NYC School Construction Authority projects.
December 31, 2025: for Affordable Housing * less than 7 stories (excluding Service HW)
July 2, 2027: for all occupancies (includes Service HW)
December 31, 2027: for Affordable Housing * 7 stories or taller (includes Service HW)
* 50% or more of the units are subject to regulatory agreement, restrictive declaration, or similar instruments with a federal, state, or local governmental entity or instrumentality for the creation or preservation of affordable housing.
Are there exceptions to the law?
Yes. The following are exceptions to the law:
- Buildings used by a regulated utility for energy generation
- Buildings operated by DEP for treatment of sewage or food waste
- Specific spaces within buildings in which fossil fuels are necessary for a manufacturing use or purpose, such as: Laboratories, Laundromats, Hospitals and Crematoria, Commercial Kitchens, for Emergency or Standby Power.
For more details read the law: Click Here
- Note: NYSSPE facilitates posting on this blog, but the views and accounts expressed herein are those of the author(s) and not the views or accounts of NYSSPE, its officers or directors whose views and accounts may or may not be similar or identical. NYSSPE, its officers and directors do not express any opinion regarding any product or service by virtue of reference to such product or service in this blog.
NYSSPE 2023 Mid-Year Legislative Report
Mark C. Kriss, Esq. Legislative & Legal Counsel
The NYS legislature has recessed and completed the lion’s share of its calendar for 2023. Fortunately, from the Society’s perspective, with the exception of a bill dramatically broadening damages in wrongful death cases (A6698 / S6636 – 2023), no significant legislation opposed by NYSSPE is poised to reach Governor Hochul’s desk. Additionally, no significant bill opposed by the Society has been enacted to date.
The Society has urged that the wrongful death bill be amended to include a statute of repose barring claims against a design professional, when by virtue of the passage of a significant period of time a project has withstood the test of time. [See A4549 (Assemblyman Pretlow) establishing a ten-year statute of repose for design liability claims.] A prior version of the wrongful death bill reached the Governor’s desk last year and was vetoed due to the substantial cost associated with an expansion of damages in wrongful death cases to include emotional and related damages suffered by loved ones. Under current law pain and suffering experienced by a decedent prior to death is compensable.
The Society again will urge that the bill be vetoed in the absence of an amendment to add a statute of repose similar to the law in 48 states wherein design professionals are protected against claims alleged to arise from latent design defects long after a building or other improvement has been completed. The amendment adding a statute of repose would apply to all claims for personal injury and property damage, not just wrongful death claims. New York laws pertaining to the design professions should be consistent with the laws in nearly every other state in the nation.
S5664 / A4720 ( Senator Kennedy / Assemblyman McDonald)
Governmental Oversight Design Build Contracts
This bill, which has passed both houses, requires that public employees be on site for the duration of design build contracts, and that such employees review the contractor’s work to ensure it is performed in a manner consistent with the requirements set forth in the design build contract. Critics of the bill argue that employment of additional personnel is unnecessary in light of the professional oversight responsibilities falling to the design professionals retained as members of the design build team and the employment of inspection protocols.
S1049 / A5051 (Senator Cooney / Assemblyman Jean-Pierre)
Bachelor’s Degree in Engineering Technology
Pursuant to Chapter 465 of the Laws of 2021 licensure as a professional engineer in NYS requires a bachelor’s degree in engineering as a prerequisite. However, the Commissioner of Education has authority to permit candidates with alternative educational backgrounds to qualify for licensure. Moreover, it has long been the policy of the State Education Department to recognize the importance of providing a licensure pathway to parties holding a bachelor’s degree in engineering technology. A party holding a four-year engineering technology degree, from an approved institution, is eligible for licensure upon completion of two additional years of design experience beyond the experience otherwise required for licensure candidates holding a bachelor’s degree in engineering.
NYSSPE successfully opposes this bill, since it would divest the Commissioner of Education of authority to determine whether or not there exists equivalency in the curricula pertaining to engineering and engineering technology baccalaureate program. However, the Society has authorized the appointment of a committee to further examine the issue, and determine whether to support a change in the current disparate treatment of these degrees.
S 6059 / A 7610 (Senator Kennedy / Assemblyman Zebrowski)
Prohibits Inclusion of Overly Broad Indemnification Provisions in State and Municipal Contracts
NYSSPE strongly supports this legislation, which bars the use of overly broad indemnification terms requiring design professional firms to indemnify municipalities and state agencies notwithstanding the absence of fault on the part of the design professional. A number of sister states have enacted legislation to prevent overreaching by state and local governments consisting of the mandatory use of indemnification terms which are fundamentally unfair in so far as they require identification in the absence of fault. A similar bill was passed by both houses, and was vetoed by Governor Andrew Cuomo. The Society continues to work with allied design professional organizations to secure adoption of this legislation. It is our hope that the new administration will be more receptive to the design community’s concerns.
A8504 Comptroller’s Program Bill (2022)
Qualifications Based Selection
This legislation requires the use of Qualifications Based Selection by Public Authorities and Public Benefit Corporations, in addition to state agencies. Expanded utilization of QBS has been a long sought-after goal of NYSSPE. In fact, due in substantial part to the Society’s efforts, similar legislation previously passed the Assembly. QBS assures that price is not the sole criteria in the selection of professional engineering services by affording due consideration to the respective qualifications of consulting firms participating in the procurement process. Adoption of QBS also helps to avoid steering of service contract to politically favored firms. Since former Governor Cuomo opposed expanding QBS, his departure from office has enhanced our assessment of the prospects for this bill. In fact, last year NYS Comptroller Thomas DiNapoli advanced QBS legislation with the goal of to preventing some of the abuses identified under one or more prior administrations. NYSSPE, along with our design professional allies, continues to advocate for adoption of this legislation.
S3312 (Senator Skoufis)
Emergency Responder / Good Samaritan
NYSSPE has joined a broad-based coalition, including other design professional organizations and the construction community, in support of S3312 which combines enhanced Good Samaritan protection with a proposal offering liability protection for emergency responders hired in the wake of a natural or man-made disaster. (The coalition includes the Associated General Contractors of New York, ACEC New York,
AIA-NY and a litany of other organizations representing the construction and design communities.)
In essence, this bill is designed to ensure that the liability for services rendered under emergency conditions (whether voluntary or based on contract) rests with the governmental bodies which are principally charged with restoring normalcy following a disaster. Under the proposal, service providers are held harmless in the absence of gross negligence or intentional wrongdoing for services rendered in the wake of a disaster. The governmental entity securing services will stand in the shoes of the design professional or contractor in instances of ordinary negligence thereby affording the injured party a source of recovery. The measure does not apply to businesses whose primary business is responding to disasters fully cognizant of the risks such as a company routinely advertising its emergency response services.
A4327 (Assemblyman Gunther)
Expands Exemption Requiring Employment of Professional Engineer Pertaining to Municipal Projects
This bill authorizes the practice of professional engineering by persons lacking the rigorous education, examination and experience requirements prescribed by the NYS Education Law. It would substantially increase the size of projects exempt from the PE requirement to $50,000 and is strongly opposed by NYSSPE.
A4549 (Assemblyman Pretlow)
Establishing a 10-year Statute of Repose for Design Liability Claims
As noted above, the Society is advocating for inclusion of this legislation in a bill currently before the Governor broadening damages in wrongful death cases.
S1818-A / A 4870 (Senator Stavisky / Assemblyman McDonald)
The Offering of Geology by Grandfathered Engineering Firms
The profession of geology was first licensed in New York in 2014. Prior to passage of the 2014 statute grandfathered engineering firms were permitted to provide geological services. This bill will enable grandfathered engineering firms to offer professional geology services, per se, provided at least one office or director is a licensed professional geologist. In sum and substance, the bill will treat grandfathered corporations in a manner similar to professional engineering firms operating as professional service corporations, design professional service corporations, professional limited liability companies, and registered limited liability partnerships.
S5614A / A 4202A (Senator Martinez / Assemblyman Stern)
Permits the Issuance of Building Permits by Professional Engineers and Registered Architects
This legislation, opposed by NYSSPE, would permit building permits to be issued without the employment of building code officials. The bill applies to Nassau, Suffolk and Westchester County as well as the city of Yonkers.
A7136 (Assemblyman Pretlow)
Expanding the Use of Design Build to Westchester County
In 2019 the NYS legislature authorized specific NYC agencies to use design build. The implementing legislation did not include safeguards recommended by NYSSPE, as well as the NYS Board for Engineering and the NYS Board for Architecture. This proposal similarly does not include these recommended safeguards and amendments are needed to prevent the proliferation of design, build projects, lacking, proper oversight.
S3295 / A3389 (Senator Breslin / Assemblymember Fahy); (see also A377 Assemblyman Bronson)
Fire Suppression System Contractors / Inspectors
S3295 / A3389 provide for licensure of fire suppression system contractors and among other provisions permits layouts by licensees “in accordance with the provisions of water-based fire protection design standards and design criteria as provided by the engineer of record”.
The legislation listed above includes key bills currently before the legislature or under consideration by Governor Hockul. The list is not exhaustive. Please let us know if you have any particular concerns regarding any of these proposals or other bills impacting the profession. All comments will be shared with NYSSSPE’s Legislative Committee and given careful consideration. (Address all comments and recommendations to: mkriss@krisslaw.com.)
NYSSPE 2023 Legislative Update-May
By: Mark Kriss, Esq., Legislative Counsel
Legislation strongly endorsed by the Society has been re-introduced for the 2023 Legislative Session. Key bills include:
Indemnification Reform Senate 6059 (Senator Kennedy) This legislation will prevent governmental entities (state and local level) from contractually shifting the burden of defense costs and indemnification payments to design consulting firms based solely on contract terms. As a matter of law contract provisions requiring indemnification in the absence of wrongdoing on the part of the design professional will be unenforceable.
Emergency Responder Senate 3312 (Senator Skoufis) the Emergency Responder Act, combines Good Samaritan protection with a proposal offering liability protection for emergency responders hired in the immediate wake of a natural or man-made disaster. In essence, design professionals are held harmless in the absence of gross negligence or intentional misconduct.
Statute of Repose Assembly Bill 4549 (Assemblyman Pretlow) codifies a 10-year Statute of Repose barring claims arising against a design professional long after a building or other project has been completed and withstood the test of time. The Society is working to tie our bill to a strong push by the plaintiff personal injury trial lawyers for adoption of legislation to broaden recovery in wrongful death cases. We are coordinating our legislative efforts with other organizations representing the design community.
- Note: NYSSPE facilitates posting on this blog, but the views and accounts expressed herein are those of the author(s) and not the views or accounts of NYSSPE, its officers or directors whose views and accounts may or may not be similar or identical. NYSSPE, its officers and directors do not express any opinion regarding any product or service by virtue of reference to such product or service in this blog.
NYSSPE is pleased to announce the following 2023 Award Winners
There individuals were nominated by their peers and voted on by the NYSSPE Nominating Committee.
There honors will be awarded in person at the Annual Conference on June 9, 2023 at the Hyatt, 125 E. Main St., Rochester, NY.
Annual Conference Event Notice: Click Here
ENGINEER OF THE YEAR
Malcom McLaren, PE
To recognize a professional engineer who has made an outstanding contribution to the goals of the Society of Professional Engineers by means of educational, collegiate and engineering achievements; professional society, technical society, civic and humanitarian activities; and displayed continuing competence.
NYSSPE PEG PROFESSIONAL ENGINEER IN GOVERNMENT AWARD
Dolores Funke, PE
To recognize a professional engineer in Government who, during a career in public service, has made an outstanding contribution to public health, safety and/or welfare, the engineering profession, and the goals of the Society of Professional Engineers through demonstrated managerial ability and professional engineering achievement.
YOUNG ENGINEER OF THE YEAR
Joshua Rodems, PE
To recognize a professional engineer or intern engineer 35 years of age or less as of the date of the presentation of the award who has made an outstanding contribution to the goals of the Society of Professional Engineers by means of educational, collegiate and/or engineering achievements; and/or via professional society, technical society, civic and/or humanitarian activities; and displayed continuing competence.
MERITORIOUS SERVICE
Edward Gerecke, PE
To recognize a professional engineer who has made an outstanding contribution to the goals of the New York State Society of Professional Engineers over an extended period of time.
OUTSTANDING ENGINEERING PROJECT OF THE YEAR
To acknowledge accomplishments of the engineering profession by recognizing those entities involved with outstanding engineering achievements that have captured the innovative and dynamic spirit of a profession dedicated to public service.
Buffalo & Erie County Naval & Military Park Rescue & Re-Floating of USS The Sullivans
- Note: NYSSPE facilitates posting on this blog, but the views and accounts expressed herein are those of the author(s) and not the views or accounts of NYSSPE, its officers or directors whose views and accounts may or may not be similar or identical. NYSSPE, its officers and directors do not express any opinion regarding any product or service by virtue of reference to such product or service in this blog.
NYSSPE Members are Invited to A Dinner Presentation and Discussion with the First Deputy Commissioner of NYC Dept. of Design and Construction – 1 PDH
The New York Chapter of NYSSPE is excited to host a special event on Wednesday, March 29. We are honored to have NYCDDC First Deputy Commissioner, Eric Macfarlane, as the speaker for the event. The presentation is titled “NYC East Side Coastal Resilience – Project Update”.
The event will take place at the Cornell Club of New York City. Come and join us for dinner and networking and get 1 PDH. Each person gets a FREE drink with each ticket. See Flyer below or contact Wanda Rios (wrios@kseng.com) for details or questions.
The East Side Coastal Resiliency (ESCR) Project is a coastal protection initiative, jointly funded by the City of New York and the federal government, aimed at reducing flood risk due to coastal storms and sea level rise on Manhattan’s East Side from East 25th Street to Montgomery Street. The boundaries of this project correspond with the natural “pinch-points” in the 100-year floodplain: areas where the land is higher along the coastline, making it easier to close the system off from water entering from the north and south. The project design integrates flood protection into the community fabric, improving waterfront open spaces and access, rather than walling off the neighborhood. Construction on the East Side Coastal Resiliency project began in Fall 2020 and will continue through 2026.
Focus Upon New York City
FOCUS UPON NEW YORK CITY
(by Mark C. Kriss Legal and Legislative Counsel NYSSPE)
Chapter 17 of the NYC Building Code has recently been amended by adding additional special inspection requirements with regard to construction operations influencing adjacent structures and with regard to tenant protection plans.* The new provisions provide for, among other things, inspections to be performed throughout the duration of the course of work. The details of these inspections can directly shift substantial responsibility for construction operations onto the special inspector, who ultimately has no control over construction operations and means and methods on a daily basis.
In sum and substance the new special inspection programs are aimed at creating additional oversight over construction operations by special inspectors, including professional engineers, who elect to serve as special inspectors. As participants in construction projects are well aware, the very nature of building creates an environment wherein the risk of property damage and personal injury is unavoidable. In short, particularly in a dense urban setting, most certainly including New York City, a substantial risk of litigation is part and parcel of all construction projects. Moreover, those living and working in New York City have, over many years, shown themselves to be particularly litigious.
Engineers electing to serve as special inspectors, pursuant to the newly adopted code provisions, would face a significant risk of having to defend themselves against claims, by property owners, building occupants and third parties, including adjacent property owners and occupants, notwithstanding having met the standard of care required in carrying out their professional responsibilities. Plaintiff attorneys use a shotgun approach, naming all parties involved in a construction claim, with little or no risk for filing a claim against a party who is ultimately found to be completely without fault in the matter. The Society urges all its members and the design professional community at large, to understand the potential risks in taking responsibility for these inspections.
The Society is in the process of advising New York City, that the best approach of ensuring safety at work sites would require that all special inspections be done by professional engineers, who have the requisite expertise in design and construction and who are afforded protection against the unreasonable risk of litigation outlined herein. This would entail the City providing indemnification for defense costs and full indemnity for all claims other than those founded upon gross negligence. In the absence of a new approach, which will mitigate the litigation risk faced by the professional engineering community, the new Code provisions will likely prove to offer marginal improvement in public safety, if any.
(*NYC BC 1705.25.2 et seq. and BC 1705.26.1 and BC 1705.26.2.)
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The Capital District 47th Celebration of National Engineers Week Recap
On February 4th the Capital Region held a Model Bridge Competition & Catwalk Competition. The Model Bridge Competition (MBC) has been a tradition at the Capital District celebration of National Engineers Week, encouraging future engineers, since 1983! Over 100 high school students from around the region participate each year. The high school model bridge competition is open to full-time high school students. The middle school model catwalk competition is open to 7th and 8th grade students. Both competitions involve building a model truss-type bridge out of balsa wood with the parts joined by yellow carpenter’s glue. Catwalks must be constructed using only the materials provided.
Model Bridges are rated on three criteria: Load Carried, Efficiency and Aesthetics. This year there was an all-time record of 958lb.
View the bridges and vote for your favorite: https://enginuitydesign.com/mbc/
On February 16 & 17 there were 45 continuing education courses offered virtually with over 700 in attendance. Thanks to all the committee members that volunteer from associations and firms in the Capital District. Want to get involved contact Jen Miller; jamiller@nysspe.org / CapitalDistrictEweek.org
PE Members are Invited to Network with NYS Town Officials and Town Engineers and to attend an exhibition and seminar in NYC – 6 PDH Opportunity:
NYSSPE Members are invited to network with NY State Town Officials, Town Engineers and to attend a conference and exhibition event with several engineering presentations (6-PDH) which will be held at the Times Square Marriott hotel in Manhattan, NY on Monday February 20, 2023. The New York State Association of towns conference and exhibition event attracts town officials, town engineers and registrants from 62 New York counties and about one-third of all New York towns. The event will be held on Monday February 20th, 2023, at the Times Square Marriott hotel in Manhattan, NY. For more information and to register to the 6-PDH seminar, <Click Here>
The 6-PDH engineering seminar at the conference will include presentations by Woodward & Curran, Mueser Rutledge Consulting Engineers, PSI Process, Collado Engineering, as well as the NYC Department of Buildings. Topics will include Storm Drainage Deficiencies and Flood Risk Determination, Building Energy Efficiency Planning and Design Solutions, Evolving Challenges and Solutions or upgrades of Water & Sewage Plants and Rock Stabilization for Slopes and Excavations. Robert Holub, RA; Executive Director of Code Development at the NYC Department of Buildings will present an Overview of the new 2022 New York City Construction Codes. For more information and to register to the 6-PDH seminar, <Click Here> [Read more…]
