NYSSPE

Bachelor’s Degree in Engineering Signed by Governor Hochul

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NYSSPE is pleased to announce that GOVERNOR HOCHUL on Friday, October 8th signed Senate bill 3541 into law which is now NY chapter 465 of the laws of 2021. The law requires a Bachelor’s Degree in Engineering (or it’s substantial equivalent) to secure a license to practice Professional Engineering in New York State. President Joe Pasaturo, PE sincerely thanks all of the members of the Society who have worked on securing support for this legislation.  New York joins the majority of other states which have a similar threshold for licensure.  https://www.nysenate.gov/legislation/bills/2021/s3541

(The law contains a two-year window for those seeking to secure a license utilizing the 12 – year experience ladder to apply for a transitional exemption. It is not expected that many applicants will avail themselves of this grandfather provision.)

Please contact Mark Kriss, NYSSPE legislative and Legal Counsel if you have any questions mkriss@krisslaw.com

 

  • 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.

SWEEPING UPDATES TO NYC CONSTRUCTION AND BUILDING REGULATIONS

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Bill Passed by City Council to Update Construction Codes Keeps NYC at The Forefront of Building Safety and Innovation

The New York City Department of Buildings today marked the official passage of major legislation in the City Council to update the city’s Construction Codes. This comprehensive revision to the Codes contains over 600 major updates, and thousands of smaller changes, intended to improve safety for our fellow New Yorkers, and incorporate the latest in building technologies. The new Codes use the highest international standards for the design, construction and maintenance of buildings as a baseline, while continuing our city’s proud tradition of implementing additional enhancements to ensure we have among the strongest building regulations anywhere in the world.

“These updated Codes provide a solid foundation on which the future of our city will be built,” said Buildings Commissioner Melanie E. La Rocca. “I want to thank my colleagues at DOB, along with the hundreds of government and industry experts that volunteered their time on our Code Revision Committees, who worked tirelessly to advance these Codes. Those efforts will make our built environment safer for everyone living, working and visiting in our great city. Looking further afield, it is my hope that these Codes will also serve as a model for other cities, looking to build their own more resilient and sustainable future.”

New York City’s Building Code is one of the nation’s earliest and most comprehensive set of rules regarding construction in both new and existing buildings. Updated regularly, our Codes set a strong framework for how buildings are designed and maintained in our unique urban environment. The code revisions approved today are the first holistic update to the entire set of NYC Administrative, Plumbing, Building, Mechanical and Fuel Gas Codes since 2014. The revisions were drafted by technical committees comprised of engineers, architects, attorneys, planners, tradespeople, representatives of the construction industry, labor, real estate industry, utility companies, as well as DOB and interagency stakeholders. Regulations in our Codes here in New York City frequently inform model codes on the national and international levels.

For more information:  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.

Executive Secretary to the State Board for Professional Engineering, Land Surveying and Geology

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Career Opportunity

NYSSPE has learned that the New York State Education Department will shortly be conducting a search for a Professional Engineer (or other qualified design professional) to serve as Executive Secretary to the State Board for Professional Engineering, Land Surveying and Geology. With respect to the licensed professions, the Department’s primary charge is the protection of the health, safety and welfare of the public.  We’re spreading the word about the forthcoming opening in the hopes that someone with an interest in protecting the P.E. license (as well as licensure in related fields), might be interested in the position.  If you want to learn more, it is recommended that you periodically visit the NYS Education Department website: http://www.nysed.gov/hr/employment/employment-opportunities in the weeks and months ahead.

Once available the job posting will provide details regarding the scope of responsibilities and provide guidance respecting the application process.  Further, NYSSPE’s Legislative Counsel, Mark Kriss, can provide a perspective regarding this opportunity.  He can be reached by phone at (518) 449-2037 (x207). The position falls in the Management Confidential classification.  The Secretary is appointed by and serves at the pleasure of the Board of Regents.  Historically, the salary for this position has been based on the candidate’s experience.

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.

NYCDOB New Customer Service Industry Meetings and Q&A Sessions

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Beginning in September, the Department of Buildings will expand our customer service meetings to include additional opportunities to work directly with us in moving projects forward.

The two meetings for customers to engage directly with the Department are:
1. Bi-weekly online Q&A sessions
2. Monthly borough specific industry meetings

For the schedule and to sign-up to attend, visit the Upcoming Events page.

Q&A Sessions
Bi-weekly online Q&A session for property owners, registered design professionals, filing representatives and other licensees/registrants to ask job specific questions about filings in DOB NOW and the Buildings Information System (BIS) or general questions about permits, construction codes, zoning regulations, sign offs, certificates of occupancy, place of assembly, equipment installations, violations and civil penalties, etc. Make sure to sign up for the appropriate session for the borough in which the property is located. These sessions replace Customer Service Night.

Industry Meetings
Monthly online, borough-specific industry session for registered design professionals to discuss policy and business process questions that are not job specific. It will also include a review of recent updates and policy decisions. Questions for the meeting are required to be submitted at least three days in advance. These sessions replace the meetings that were coordinated separately by each borough office.

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.

NYC Department of Buildings: façade examination regulations formerly known as Local Law 11/98.

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The NYC Department of Buildings is holding a hearing at 11am on September 15, to hear public comments about proposed changes to the façade examination regulations formerly known as Local Law 11/98.  For those unfamiliar with the façade examination regulations, the Department requires submission of a professional assessment report on the exterior walls of every building greater than 6 stories in height.  These reports must include the results of close range examinations at a maximum lateral distance of 60 feet on every frontage within a public right of way, and must be submitted every five years.

The proposed changes are intended to present clarifications from the Department position on three issues:

  1. If a building is set back from streets and sidewalks (and therefore technically has no public rights of way), a minimum of one (1) drop scaffold drop or other means of close range access is still required.
  2. The number of stories is calculated for buildings on a sloped site by considering partially below grade space an additional story, where more than half the height of that space as measured at any individual exterior wall is above the adjacent ground.
  3. If a building misses a five-year deadline, the next report for that building can be filed at any time (without waiting for the designated filing period), providing all civil penalties are paid at the time of filing.

Sounds simple, but misinterpretation of these issues leads to fines and penalties totaling many thousands of dollars.

If you have an opinion on these matters, stand up and let your voice be heard.  The Department welcomes feedback, and our professional responsibility to clients and community requires our participation in this process.  Department’s rules are also available for viewing and downloading on the DOB website at 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.

 

Statutes of Limitations / Statutes of Repose / Who is Suing the PE for Design Errors or Omissions? The Answer Can Make a Hugh Difference in NY.

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The following article describes the difference between a Statute of Repose and a Statute of Limitations and the distinct treatment of claims by Project Owners versus Third Parties (Occupants, Visitors and Adjacent Property Owners).

New York State stands out from virtually all of the other 49 states for some laudatory reasons. It is home to Wall Street, the Metropolitan Museum of Art, the Broadway theaters, and many elite institutions of higher education.  It is home to the New York Yankees.  Unfortunately, for the design community, including professional engineers and architects, New York also stands out as one of only two states (the other is Vermont) with no true Statute of Repose for claims alleging faulty design.

The absence of a Statute of Repose gives rise to the possibility that design professionals may be held responsible for personal injury, death and property damage arising decades after they have completed their work on a project. NYSSPE, AIA and others in the design community continue to advocate for adoption of a ten-year Statute of Repose in New York, but relentlessly face the strong opposition from plaintiff trial lawyers.  The purpose of this article is to clarify the nature of the additional risk in New York arising from the absence of a Statute of Repose versus virtually every other state, and also reiterate the availability of proactive alternatives to mitigate this additional risk.

It is important to recognize that in all design liability cases New York does have a Statute of Limitations (to be distinguished from a Statute of Repose) which offers protection against claims for design defects, particularly those property damage claims asserted by a project owner who has hired the licensee to provide design services. In short, an owner, contracting for design services for a building or other project,  is generally subject to a three-year statute of limitations when asserting a claim against a PE or RA for such services*. The three-year Statute of Limitations period runs from when a project is completed.  Essentially this class of cases include claims by a project’s owner for property damage to the building or other structure which was constructed based upon the licensee’s design.

(*The three-year Statute of Limitations can be extended to six years in a very narrow class of cases where the design professional assumes a duty above and beyond the standard of care otherwise applicable to professional design service contracts.)

Notwithstanding the foregoing, the absence of a Statute of Repose in New York creates potential significant liabilities for claims by third-parties, including building occupants, visitors and adjacent property owners. While the three-year Statute of Limitations also applies to these third-party claims, the limitation period, in this class of cases, does not begin to run until the third-party is injured or killed or the third-party’s property is damaged or destroyed. The commencement of this clock, (i.e. the date of the injury, death or damage or destruction of property belonging to third party), is dramatically different from the trigger that applies to the project owner who contracted for the delivery of the project design.  As stated above, the Statute of Limitations’ clock, in the case of a project owner, starts to run upon completion of the project.  Accordingly, it is the third-party class of cases which creates the most significant additional risk for projects located in New York.

In order to guard against claims long after services are rendered engineers can purchase tail coverage from their design liability insurance carrier upon their retirement. Tail coverage may be particularly useful in cases where an engineering firm is being dissolved. Unfortunately, tail coverage is usually limited to three years.  In most cases where the firm continues, including cases of merger or acquisition, insurance coverage can continue and be extended to retired licensees indefinitely.  In cases of merger or acquisition, retiring licensees should be careful to expressly include favorable indemnification language and insurance coverage provisions in the merger or acquisition agreement.   However, in all cases, with proper planning, licensees can also protect their assets through the use of a trust, without loss of control over the assets placed in trust by the licensee.

Please feel free to direct any questions regarding the use of a trust, or any other issues raised in this article, to NYSSPE counsel Mark Kriss who can be reached at mkriss@krisslaw.com or calling 518-449-2037 extension 207.

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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.

NYC Service Notice: A new Façade Violations portal is launching in DOB NOW: Safety on Monday, July 12, 2021

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A new Façade Violations portal is launching in DOB NOW: Safety on Monday, July 12, 2021, for submitting civil penalty payments or requests to waive civil penalties for Cycles 6 and later that result from a Failure to File or Late Filing of TR6/FISP Reports, FISP Failure to Correct SWARMP Conditions, and FISP Failure to Correct Unsafe Conditions. The portal includes only civil penalties related to DOB violations payable to DOB and not OATH/ECB summonses paid to OATH. The last day to submit payments or waiver requests in person, by email, or mail is Thursday, July 8, 2021.

Before a payment or waiver can be submitted, Failure to File/Late Filing FISP violations require a filed and accepted initial TR6/FISP Report applicable for that filing’s Cycle. FISP Failure to Correct Unsafe Conditions violations require a filed and accepted amended TR6/FISP Report in response to the UNSAFE filing.  [Read more…]

DOB Releases First of its kind-Multiyear Construction Safety Analysis for NYC

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For Immediate Release: June 28, 2021
Contact: dobcommunications@buildings.nyc.gov<mailto:dobcommunications@buildings.nyc.gov>, (212) 393-2126

DOB RELEASES FIRST OF ITS KIND MULTIYEAR CONSTRUCTION SAFETY ANALYSIS FOR NEW YORK CITY

Comprehensive Two-Year Report Coincides with Progress Update on Ongoing Citywide “Zero-Tolerance” Construction Site Safety Sweeps

New York, NY – The Department of Buildings (DOB) announced today the release of a new building construction safety report that provides deep insights on construction safety trends in the five boroughs over the 2019 and 2020 calendar years and examines Department initiatives that led to declines in building construction-related incidents and injuries during that time. The report provides a first-of-its-kind analysis of major building construction incidents in the past two years that led to fatal or near fatal outcomes, with details on contributing factors that precipitated these incidents. The report also highlights proactive and data-driven initiatives undertaken by the Department, while bringing awareness to the work of critical Department units, changes in construction safety regulations, and recent efforts to modernize the agency. The Department also released a progress update on ongoing enforcement inspections sweeps happening now at larger construction sites across the five boroughs, an initiative launched in response to recent construction fatalities that occurred earlier this year.

Read the 2019-2020 Construction Safety Report<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww1.nyc.gov%2Fassets%2Fbuildings%2Fpdf%2FCSR_2019-20.pdf&data=04%7C01%7CPWehle%40buildings.nyc.gov%7Cd48b27af491944bff8a708d93a476c48%7C32f56fc75f814e22a95b15da66513bef%7C0%7C0%7C637604900826082236%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=kEQBvuldgH9neHdVYTzoHti4EceBFDHRt7s5hAF11%2F4%3D&reserved=0>

“Knowledge is power, and the analysis in this report can help the construction industry keep their workers safe from hazardous site conditions,” said Buildings Commissioner Melanie E. La Rocca. “We know that a data driven approach and strong enforcement protocols are necessary to keep all of our fellow New Yorkers safe. We simply cannot accept business as usual when workers and the public are put at unnecessary risk.”

The two-year report delves into Department data on enforcement actions, incidents, and inspections to provide a deeper look at the factors impacting construction safety in New York City. With an eye on preventing future incidents from occurring, the report puts forward a detailed analysis of the where, when, what, and how of construction-related fatalities and injuries taking place in the city.

In the 2019 calendar year, we saw:

*       595 construction-related injuries in New York City on building work sites, down over 21% from the 761 construction-related injuries in 2018;

*       Twelve building construction-related fatalities, the same amount of fatalities that we saw in 2018. [Read more…]

Legislative Update- June 2021

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LEGISLATIVE UPDATE June 2021
By: Mark C. Kriss Legislative and Legal Counsel

Both houses of the New York State Legislature have recessed for the 2021 calendar year and stand ready to return to Albany should circumstances warrant. For example, the ongoing Assembly impeachment inquiry respecting Governor Cuomo may require action by the full Assembly should the Judiciary Committee conclude that one or more impeachable offenses have been committed.  If the Assembly votes to impeach, in the absence of a resignation, a trial before the Senate joined by all of the judges sitting on the state’s Court of Appeals would ensue.

There are in excess of 15,000 bills pending before the NYS Legislature. Below we have identified legislation of interest to NYSSPE and our members.  In order to review any of these proposals (excepting bills awaiting introduction) please simply Google NYS Assembly Bill Search or NYS Senate Bill Search.  The full text of each bill and related information will be easily located for review.

The following three bills have passed both houses of the Legislature:

Bachelor’s Degree in Engineering
S 3541 / A 6809 Senator Stavisky / Assembly Member Glick

For more than a decade NYSSPE has supported and advocated for legislation to require a Bachelor’s Degree in Engineering as a prerequisite for licensure. We are pleased to report that the above reference bill has passed both houses of the legislature and will be forwarded to the Governor before the end of the legislative year. Thanks to all of our members who have reached out to their legislators regarding this important measure. The bill does permit licensure of applicants who have a degree found to be equivalent to a Bachelor’s Degree in Engineering by the Commissioner of Education.  For example, an applicant with a degree in physics or mathematics who secures a Master’s Degree in Engineering could qualify. Also a Bachelor’s Degree in Engineering Technology has historically been viewed as equivalent in New York provided two years of additional design experience is satisfied.

Low Embodied Carbon Concrete
S 542A / A 2591A Senator Kaminsky /Assembly Member Carroll

This bill requires the Office of General Services to establish guidelines concerning the procurement of low embodied carbon concrete. Contractors doing this type of work with then need to follow these guidelines and certify that they work and the concrete they are procuring meets these guidelines. The bill outlines what OGS will need to examine when crafting the guidelines including incentives for the procurement and use of low embodied carbon concrete by contractors.  The bill requires the guidance and any associated legislative recommendations to be issued to the Governor and the Legislature. The bill proponents argue that the production of concrete’s core ingredient, cement, accounts for up to 8% of total global CO2 emissions and that the legislation is needed to meet greenhouse gas reduction targets.

Continuing Education Architecture
S 6783 / A 7604 Senator Cooney / Assembly Member Glick

This bill liberalizes the continuing education requirements for architects in a manner largely parallel those applicable to engineers. The bill allows for credits to be secured by attendance in courses in related professional design fields.  The bill also provides for six credits to be carried forward per registration period.

Additional Legislation
Statute of Repose
S 4127 / A 1706 Senator Griffo / Assembly Member Pretlow (introduced in both houses)

In 48 states design professionals can rely on a Statute of Repose which after a specified period of time following completion of a project provides a complete defense to all design liability claims. New York does not have a true Statute of Repose and the Society has long sought adoption of the above bill which establishes a ten-year Statute of Repose. Due to the absence of legislation retiring engineers may want to consider alternatives which include design liability insurance tail coverage, as well as the use of a trust to protect assets. Please feel free to contact the Society’s legal counsel (Mark Kriss) at 518-449-2037 extension 207 with any questions.

[In an upcoming article we will discuss how New York’s Statute of Limitations, provides some protection for design liability claims and in particular how the Statute of Limitations is helpful with regard to first party claims (essentially property damage claims asserted by a project owner) notwithstanding the absence of a Statute of Repose in New York.]

Gas Transmission Lines S 544 / A 1939 Senator Kaminsky/ Assembly Member Cusick (passed Senate)

Requires the public service commission to adopt regulations aimed at ensuring that professional engineers supervise all work and services that could pose a material risk to Public Safety respecting gas transmission lines.

Emergency Responder S 6377 / A 5769 Senator Savino / Assembly Member Englebright (introduced in both houses)

In the wake of a natural or man-made disaster this legislation would require that design professionals be afforded liability protection by the municipality or other governmental entity retaining them to provide emergency design services immediately following the disaster. In the absence of gross negligence the municipality, or other government entity, would stand in the shoes of the design professional in the event of personal injuries or property damage.

Indemnification Reform (pending introduction) [Read more…]

NSPE Executive Director Update to the Board of Directors- June 4, 2021

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State and National Leaders— From: Monika Schulz, CAE, Executive Director and CEO

As we near the end of our fiscal year, we have a lot of activity on all strategic fronts, including the exciting launch of our Virtual PE Conference. Don’t miss this review of all the latest.

  • Member Acquisition Campaign Launches
  • Licensing Coalition To Prepare Model Legislation
  • Member Involvement  Turns Up the Advocacy Dial
  • Registration Opens for Virtual PE Conference
  • Volunteer Today for 21-22
  • Reminder: Submit Your State Leadership Roster

Click Here to read the full repot.

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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.