The rule was published in the City Record on 8/29/23. The effective date is 9/28/23.
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.
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.)
__________
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 presentation by NYC DDC Deputy Commissioner on the topic of NYC State of Infrastructure and Coastal Resilience
The New York Chapter of NYSSPE is excited to host another in-person event on April 20. We are honored to have NYCDDC Deputy Commissioner, Eric Macfarlane, and Associate Commissioner, Ali Mallick, as the speakers for the event. The presentation is titled ” New York City State of Infrastructure and Coastal Resilience”.
Participants will receive dinner and 1 PDH credit for attending this event.
The event will take place in the Cornell Club of New York City. Come and join us to network with the Commissioner and with your colleagues in the industry. We will follow the NYC Protocol on Covid19 for Indoor Dining. See Flyer below or contact Wanda Rios (wrios@kseng.com) for details or questions.
__________
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: Energy Efficiency Report Must be filed by a Registered Design Professional beginning January 1, 2022.
Registered energy auditors and retro-commissioning agents who are not registered design professionals may continue to submit an EER to DOB until their registrations expire or until December 31, 2021, whichever is earlier. Registrations will not be renewed once expired.
Please review the attached Service Notice that speaks to the issue. The Service Notice can also be viewed 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.
NYCDOB: Recently amended Facade Rule 1RCNY 103-04 will be in effect on 11/12/2021.
All amendments to the rule, including the most recent ones, can be found at: Click Here
Beginning October 8, 2021, all supporting documents submitted with an accepted façade compliance filing in DOB NOW: Safety can be viewed by the public in the DOB NOW Public Portal. Please see our Service Notice regarding this portal: Click Here
If you have administrative or technical façade questions, please continue to contact facades@buildings.nyc.gov
______________________________________
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
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.
NYCDOB New Customer Service Industry Meetings and Q&A Sessions
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.
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:
- 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.
- 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.
- 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.
NYC Service Notice: A new Façade Violations portal is launching in DOB NOW: Safety on Monday, July 12, 2021
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…]
