As we well know, the DOB has been ramping up and upgrading their system for the Building One City Campaign. The latest addition to the DOB Now System is the online portal for submission of compliance filings with the department. Since September 12, 2016, pertinent personnel like architects, engineers, licensees, and owners are now required to make use of DOB Now: Safety in submitting their compliance filings for Facades.
A commercial establishment featuring display, description and depiction of “specified anatomical area” or “specific sexual activities” to the degree specified within the zoning resolution is called an adult establishment and the following are some zoning and building regulations that govern such establishments.
Mayor de Blasio in a press release late November announced the launch of the NYC Building Operator Training Program. The program is a 30-hour training program aims to curve the energy costs by 20%. The program is offered for free for small, multi-family building maintenance staff and seeks to teach them various ways to reduce energy consumption. Those who will participate will learn techniques in conservation of energy and resource with regards to the building’s water, heat, and electric systems. The model is designed to cut down energy cost at around 5 to 20% without any major expenditures. The first group started training last December 6 and the program fully launches early this year.
New York City experiences wind gusts that reach up to 45 mph time and again so DOB reminds everyone especially contractors, builders, crane operators, and property owners to ensure that their construction sites, equipments and buildings are secured.
Local Law 77 of 1968 eliminated the need to amend or obtain a Certificate of Occupancy when the alteration project only involves combining apartments in order to create a bigger unit which in turns reduces the number of legal units in the building and doesn’t increase the bulk of the building. The NYC Charter actually allowed these apartment combinations for old and new law tenements and the provision extended the permission to all multiple dwellings buildings such as the aforementioned old and new law tenements as well as converted apartments and new code multiple dwellings with accords to the technical policies and procedure notice #3 of 1997.
The Holidays are just around the corner and so is DOT’s holiday construction embargo. Let’s keep in mind a few reminders. During this time roadways and sidewalk constructions are prohibited on some roads all over the city and only projects with the ‘410’ permit stipulation will be allowed to continue construction as well as those who were granted a special waiver by the DOT’s Office of Construction Mitigation and Coordination (OCMC) to allow them to continue with their construction. The embargo takes effect on Friday, November 18, 2016 from 6:00am to 11:59pm, then takes a break over the weekend and resumes on Monday, November 21, 2016 from 6:00am and goes on until 11:59pm on Monday, January 2, 2017.
An initiative by the Urban Green Council dubbed as HQ2050 aims to address one of the city’s most compelling building challenges that is to build commercial spaces that is fit for a low-carbon future since we realize that these commercial spaces take up a quarter of the responsibility for New York’s total carbon emission.
Please be advised that gas self-certification will no longer be allowed for Manhattan projects come November 1, 2016. They will now require an actual physical inspection and witnessed by a DOB personnel/inspector. Inspections can be requested thru the DOB Now.
Local Law 78 of 2015 takes into effect come December 31, 2016. This law states that animal service facilities must adhere to with retroactive requirements as outlined in the NYC Building Code section 903.2.2.2 outlining that automatic sprinkler systems requirement for animal care facilites.
Buildings Bulletin 2016-011 clarifies regulations for side yard and structural separation compliance required in BC 1613.7 of the 2014 Building Code in consideration for natural calamities like earthquakes.
Local Law 56 of 2016 took effect last June 9, 2016 and this law changes the permit fees for New Buildings and Alterations and the Department gears up its systems to implement these new fee structures so while the system is updating, NB and Alt-1 permit fees shall continue to use the old rates and this will prevail until the system updates are completed but you are advised to be ready for the coming change.
Daycare centers abound in New York, with all the working moms and dads out there, it is inevitable to have someone else care for your child while you work to provide for your baby’s needs. A daycare provides the necessary care for a child during working hours within a “qualified space.” These centers can be located within homes or a daycare facility whilst some employers provide these for their employees at or at the very least near their place of work. The Building Code of New York doesn’t govern daycare programs but as part of their licensing requirement, compliance with the Code is necessary.
The Department of Building’s recently issued a press release launching its elevator safety campaign, “Stay Safe. Stay Put.” The campaign aims to remind New Yorkers to stay inside an elevator should it get stuck as it is one of the safest place to be. Just press the emergency button, relax and wait for the coming help. More individuals have been hurt by trying to get out a stalled elevator than by simply exercising patience and waiting for their rescue.
Buildings Bulletin 2016-12 was released in order to clarify how surface areas will be calculated in order to determine if a proposed extension, renovation, elevation and such will be considered as a New Building and will therefore be required to comply with the latest version of the Construction Code. Here is a quick explanation.
The city’s Unsafe Buildings unit randomly goes around the city and inspects buildings and check the building’s safety. If your building is found unsafe you should take necessary steps to correct the condition at the soonest possible time.
Amid the construction boom experienced by New York, Mayor Bill de Blasio and DOB Commissioner Rick Chandler announced higher penalties for construction safety lapses that will endanger the lives of contractors, building owners and the general public. They are also set out to send more than 1,500 enforcement sweeps to ensure everyone’s safety before, during and after construction.
DOB’s message is clear, experience is not enough, safety and protective measure should be put in place in construction sites. Accidents happen all the time, especially in construction sites but these are preventable if proper safety measures are employed at the very onset of construction.
According to local law 84/2009 property owners are now required to do an annual analyses of their property’s total energy use on specific building types around the city of New York. The deadline for submission of such benchmarking reports is annually on the 1st of May. The required items are outlined in the Administrative Code of NYC § 28-309.4
January 1, 2016 marks the date when most modest Solar Photovoltaic (PV) Panel Installation projects have been authorized to file for Professional certification via the Hub Self Service System. This projects are also those that are filing for Tax Abatement.
The DOB will no longer accept plan submissions for demolition sites that are exempt from the current code, and to clarify, these are exempt from plan submissions and not exemption for filing of demolition application.
Scaffolds are used either as a protection or as a way for accessing otherwise unreachable parts of a construction site. Supported scaffolds are put up over sidewalks in order to guard pedestrians against debris that may fall to the ground due to construction work being done above the said sidewalk. They also provide construction workers a way to reach the facade of the building and also serves as the frame for safety nets to be installed in the site.
An Owner’s Representative is someone who represents the owner at a construction project, they can be a company or even an individual that knows the construction process well and can make decisions in behalf of the owner. As with other professions, there are many myths that surround this profession, here are just a few:
When a property receives a DOB violation, it states that the property is not in compliance with some provisions of applicable laws. The violation also includes an order coming from the DOB to correct the condition that violates the law. In the BIS, this violation will be listed against the property and should you require a new Certificate of Occupancy or to amend the property’s existing CO, the violation should first be corrected.
§28-14.8.4 of the 2014 construction code provides for a "tenant protection plan." It states that for any alteration project done for buildings with occupied dwellings during construction will require a "TENANT PROTECTION PLAN."
A Certificate of Occupancy or a CO is a very important document for every building in New York, it states the legal use of the buildings and its type of permitted occupancy. And no one can legally occupy a building unless the DOB has issued the CO or at the very least a temporary Certificate of Occupancy.
If you're planning to rent out your basement space, then you might have some things you need to take care of before you can legally do this, basement rental units do need legal documents and permits, you will need to procure them all before you are legally allowed to rent them out.
Directive 14 of 1975 allows for authorized Architects or Engineers to ‘sign off’ completed construction projects instead of a DOB inspector. This directive allows for a limited plan evaluation though and professionals who underwent the certification program to allow them to certify that plans filed with the DOB comply with all applicable laws. These professionally certified plans need not go through plan review. Here are some considerations:
Regardless of whether you are constructing or demolishing a particular building, safeguards are required in order for you to do the work safely for the workers as well as the general public.
Under the 2014 NYC Construction Code, new notification requirements are in effect for suspended scaffold installations and removals and the new guidelines are as follows:
In this article we will delve into the requirements for a Place of Assembly applications, there may be additional requirements with regards to zoning, construction codes, multiple dwelling, energy code compliance and the likes that maybe needed before a permit can be issued.
This is to remind all individuals involved in hoisting rigging works (not employed by a licensed rigger) are required to undergo Department approved training or to have a national certification approved by the Department under the 2014 NYC Construction Code. Training and certification needs to be completed before July 1, 2016.
The term “cooling tower” is an encompassing term used in describing a cooling tower, evaporative condenser or fluid cooler that forms a part of a recirculated water system that is used for the building’s cooling, industrial process, refrigeration, or energy production system” as described in the Administrative Code of the City of New York § 28-317.2.
In zoning, the term mixed-use buildings are used for buildings located within commercial districts that are partly used as residential dwellings and as commercial and even as community facilities as well.
As per 1 RCNY 101-06 Section (b) (9), Special Inspection Agencies are compelled to report hazardous conditions and inspection discrepancies.
Buildings Bulletin 2015-017 was released to clarify code requirements for lot line openings, taking into consideration various Building Code and Zoning laws and this release supercedes TPPN 10/1987. Here’s a rundown of the parameters:
In our city, all buildings are insulated to ensure that heat is kept in but even a small break in the insulation can actually affect performance of these insulations by as much as 20% since the heat goes out of the gaps. The NYC energy code actually requires insulation to be continuous but code interpretation has allowed various metal and concrete components that allows heat to penetrate the walls/insulation.
The Owner’s Representative is a very important member of a construction team. The OR is hired by the owner, preferably during the design stage and serves as the owner’s on-site representative and is tasked to ensure that workmanship, materials and everything about the construction stays true in relation to all contract documents.
The Construction Codes of New York City necessitates that owners not only build but maintain their properties to ensure they are safe. Inspectors from Environmental Control Board as well as the Department of Buildings periodically go out and check buildings for compliance with the Construction codes, the city's Zoning Resolutions and other applicable laws and rules that govern the building. Should they find any discrepancy, notices of violation are issued and the owner or building manager will have to make sure that these violations are resolved.
The 2014 Building Code has been in effect since December 31, 2014 although some provisions take effect a little later, like the required additional exit stairway for compliance with BC 403.5.2. This code update takes effect for applications filed on or after July 1, 2015. This is required for new non-residential buildings or mixed-used buildings with non-residential uses that has a height of 420 feet or higher.
Buildings located in specific districts within Brooklyn, Queens and Manhattan that were used as manufacturing and/or commercial spaces can be converted into what is called “artist lofts”, these general residential spaces can be used as dwelling places under modified rules.
The New York Building Congress notes that the city’s construction industry spent a whopping $36 Billion in 2014, a 26% jump from the previous year. Over the last year, residential construction spending has surged to 73% reaching a high of USD11.9 Billion, and for the first time in record history has topped the $7 Billion mark.
This bulletin clarifies applicable conditions for special inspection requirements in accordance with the 2008 and 2014 NYC Construction Codes.
Most constructions projects require a permit to do the work, regardless if it's enlarging, repairing, altering, demolishing, adding or removing certain structures or even changing the use or occupancy of a building, you need permit to do so or else, you will be cited for violation and most probably fined and even taken to court depending on the severity of the violation.
Each part of a building is individually classified according to the provisions set in section 302.1 of this code. Should a building contain more than 1 occupancy group, the building or a portion of it shall comply with all applicable provisions of sections 508.2, 508.3, 508.4 r a combination of these sections,with the following exceptions:
Solar Technologies captures a renewable yet reliable energy source that can reduce the demand on the city's electrical grid as well as reliance on other energy sources. Solar panels generate much needed electricity, catch and store thermal energy as well as take the place of conventional building materials. It is a great way to becoming green.
Fireproofing shall be required on all dwellings that exceeds 6 stories or is at least 75 feet high. No multiple dwelling shall be altered so as to exceed either of such heights without being made fireproof.
Yes folks, you heard it right, after much hoopla and perhaps even excitement about the October 1, 2014 effective dates of the 2014 Construction Code, the NYC Council just approved the move of the effective date of the code from October 1, 2014 to December 31, 2014. So yes, we do get a short reprieve, about 3 months in order to fully prepare ourselves for the coming changes, so you can breath a big sigh of relief, for now that is.
Now that that effective date of the 2014 Construction Code has been moved that doesn't mean that it wouldn't be, so let's not wait for the last minute before we realize that there is still much to learn about the code. So here is a quick run down on everything 2014 Construction Code:
Mark The Date folks! October 1, 2014 marks the next chapter of New York City Construction Code, when a new code will be implemented. The New York City Construction Codes have been implemented to regulate the design of new buildings and alterations to existing buildings in order to foster safe construction, not only during construction but even after when the building is already in use.
The 2014 NYC Construction Code takes effect on October 1, 2014, and understanding it can be quite confusing. So to help you grasp the changes, here are some changes for you to check out.
Section 28-101.4.3 of the 2014 New York City Construction Code sets forth the policies that govern optional use of the 1968 building code for alteration of existing buildings. At the building owner’s discretion, and of course subject to approval, alterations to a particular building may follow the 1968 building code with the following exceptions:
This bulletin clarifies when privately owned mapped street can be used for zoning purpose.
Cell towers that are used by cellular and wireless network to distribute wireless connectivity thru mobile and internet connection are usually placed on the highest point of the building to maximize signals and more often than not, they are considered permanent attachments to the building.
June 18 2014 marked the addition of BIS required items which will be auto-populated based on data acquired from the Department of Environment Protection Office of Environmental Remediation or OER. These added requirements necessitates the need for a Notice of No Objection, Notice to Proceed, and/or a Notice of Satisfaction from OER. These notices will address the little 'e' designations outside of special zoning areas including Restrictive Declarations (Hazmat, Noise and/or Air).
The purpose of this bulletin is to clarify the conditions in which the 2008 Construction Codes or the 2014 Construction Codes apply to new buildings, alterations, partial demolitions and full demolitions.
The NYC Construction Codes are set for review and revision every 3 years in accordance to changes with the ICC (International Code Council) Codes. In this regard, the Department has organized various committees which will review the provisions of the code and suggest revisions as necessary. Here is the breakdown of the process pertaining to the 2014 Construction Codes:
Within 60 days of a building being deemed Structurally Compromised, the owner must have a registered design professional perform an initial inspection. The design professional must submit an inspection report to the Department within 30 days after inspection.
This bulletin establishes the procedures for inspecting, monitoring and certifying modular units. This document does not address modular units intended for use as one- or two family dwelling units or multiple dwellings of not more than two stories in height pursuant to Article 18, Section 383(c) of the New York State Executive Law and 19 NYCRR Part 1209. Lastly, this bulletin does not preclude an application to OTCR for universal acceptance criteria for modular work.
The New York City Building Code requires the detection of smoke by means of smoke detection systems. The purpose of this document is to establish acceptance criteria for a video image detection system as an alternative system to the NYCCC.
The Department inspects elevators annually and issues a cease-use order to any unsafe device or a PVT violation to any device found not in full compliance. To resolve these violations, building owners must hire a private elevator company to correct the deficiencies (unless the violation condition pertains to a building item), and the owner or his/her representative must certify to the Department that all issues have been corrected. Failure to correct PVT violations may result in additional enforcement action.
Section 102-01 of Subchapter B Enforcement of Chapter 100 is known as the Violation classification and certification of correction. Pursuant to section 28-204.1 of the Administrative Code, it specifies that any person who shall violate or fail to comply with the provisions of law enforced by the Department shall be liable for a civil penalty that may be recovered in a proceeding before the Environment Control Board or ECB. In turn, such proceeding shall be commenced by service of a notice of violation or NOV which may be issued and served by Department employees or a licensed process server, and other city agencies designated by the Commissioner. Each respondent of the NOV are obligated to correct the condition constituting the violation and afterwards, must file the required certification with the Department that the condition has been corrected. A violation for filing a false certification cannot be certified as corrected prior to a hearing before the ECB. The respondent must appear at the ECB hearing for all violating conditions unless those charges are cured or a pre-hearing stipulation is offered, accepted by the respondent, and approved in writing by the ECB.
The purpose of this bulletin is to clarify special inspection requirements related to raising, lifting, elevating or moving buildings and describe the specific requirements for the special inspections of such work and for the construction documents needed for these special inspections.