Alexandra Schwab – Jack Jaffa & Associates

DOB Changes

Alexandra Schwab — Mon, 28 Nov 2022 14:35:03 +0000

The DOB’s recently made a total of 26 changes for small businesses as part of an executive order to help NY’s small businesses recover from setbacks caused by the COVID-19 pandemic. All new changes take effect on Nov. 20, 2022. As a NYC building owner, you’ll need to know about these changes to the NYC compliance code so you can avoid getting slapped with a violations and incurring a penalty. No worries, though; we’ve done the legwork so you don’t have to. Here’s what you need to know about the recent DOB changes.

Who do these changes affect?

The DOB’s recent changes apply to small businesses. Small businesses, as defined by the DOB, generally refer to businesses that employ fewer than 100 workers. However, in regards to specific requirements and regulations, the definition expands to include more kinds of businesses. As we explore the recent DOB reforms, we’ll note the exact criteria for businesses to which each DOB change applies.

Changes to violation enforcement

As part of the recent changes, the City extended the cure period for all Class 2 (Major) and Class 3 (Lesser) violations from 40 days to 60 days from the date of NOV service. This change will provide more time for named respondents to submit a Certificate of Corrections (COC) and avoid getting hit with a penalty or hearing.

It’s important to note that this change does not apply to Class 1 violations, in which a COC must be submitted immediately. In addition, Aggravated I and Aggravated II penalties are never eligible for a cure.

The DOB will eliminate the following violations:

Approved Place of Assembly plans not available for inspection (Class 2)
Failure to conspicuously post electrical work permit while work is in progress (Class 3)
Place of Assembly contrary to Approved construction documents (Class 2)
Electrical closet not dedicated to electrical distribution equipment only (Class 2 and 3)
Failure to provide cover/faceplate/lampholder/luminaire canopy for electrical outlet (Class 2)

The DOB is reducing penalties for the following violations:

Electrical work without a permit (Class 3)
Work without a permit (Class 3)
Failure to post or properly post permit for work at premises (Class 2)
Change in occupancy/use of C of O as per §28-118.3.1 – §28-118.3.2 by operating a Place of Assembly as per when current C of O does not allow such occupancy (Class 2)
Luminaires and Lampholders not installed in an approved manner (Class 2)

Most penalty reductions are 50% or more.

There are no qualifiers for differently-sized business in regards to the above in the DOB’s notice. Also, all language extending the cure period for one- or two-family homes have been removed. It is therefore assumed that these changes apply to all named respondents.

Civil penalties for work without a permit

Small businesses may be granted a waiver of civil penalties for work without a permit after demonstrating (as per the DOB’s requirements) that they are a small business. The DOB specifies here that a small business refers to a business that employs fewer than one hundred employees.

High-pressure and low-pressure boilers

Small businesses may now be granted a first-time waiver of penalties for failure to file an annual boiler inspection report for both low-pressure and high-pressure boilers. These penalties are typically seen in the form of LBLVIO and HBLVIO violations, as issued by the DOB.

The penalty waiver applies to small businesses that employ fewer than one hundred employees. Owners can take advantage of the penalty waiver by demonstrating, in the manner specified by the DOB, that they are the owner of the business.

Don’t forget—annual boiler inspections are due by Dec. 31 each year.

There are lots of changes detailed here, but all of them were established to help your business recover from the COVID-19 pandemic. Read the full update on the DOB reforms here.

If you’re still confused about what you need to know, we can help. We’re always happy to work with you and make sense of NYC’s compliance code. Don’t hesitate to contact us today.

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Shorter Filing Deadlines for Boiler & Elevator Requirements

Alexandra Schwab — Tue, 08 Feb 2022 05:05:57 +0000

SHORTER FILING DEADLINES FOR BOILER & ELEVATOR REQUIREMENTS
AND WHAT IT MEANS FOR YOUR COMPLIANCE

2022 brought changes to your filing deadlines in two areas of your compliance. Both your boiler inspection requirements and category testing of elevator requirements have shorter deadlines making it even more difficult for property managers to ensure compliance with these laws.

So what are your requirements?

For Boilers, you have different requirements depending on if you have a high-pressure or low-pressure boiler.

Here’s the low down on those deadline changes.

NEW BOILER DEADLINES

	NEW DEADLINES	PREVIOUS DEADLINES
Annual Reports Filed	14 days after annual inspection	45 days
Defects Corrected	90 days after initial inspection
Affirmation of correction	Within 14 days of correction	60 days
Extension Requests	Up to two 45 day extensions

You can download the Annual Report form HERE and Affirmation of correction HERE.

NEW ELEVATOR DEADLINE

	NEW DEADLINES	PREVIOUS DEADLINES
Performing agency must notify the DOB 5 days in advance of tests	5 days in advance of tests	7 days
Category Test Report Submitted to DOB	21 days after date of the category test	60 days
Defects Corrected	90 days after date of the category test	120 days
Affirmation of correction	Within 14 days of correction	60 days
Extension Requests	Up to two 45 day extensions	One 180 day extension

All in all, this means that you now a whole less time to complete these requirements. But in addition to these shortened deadlines, the DOB has also made some pretty significant changes to your compliance requirements.

WHAT ELSE HAS CHANGED?

New Boiler Requirements

Electric high-pressure boilers are now being classified as high-pressure boilers and must currently be inspected two times annually (as per article 303 of Title 28 of the NYC Administrative Code). Here’s a quick rundown of the difference in requirements between a low-pressure and high-pressure boiler.

LOW-PRESSURE	HIGH-PRESSURE
Must have 1 inspection annually	Must have 2 inspections annually. One internal & One external. They must be conducted in the same cycle but approximately six months apart.
Residential buildings with 6+ families H-stamp boilers with an input of over 350,000 BTUs in residential occupancies H-stamp boilers in commercial and mixed used buildings Residential buildings classified as a single room occupancy dwelling (SRO)	All High pressure boilers
Inspections can only be performed by authorized boiler inspectors licensed by the DOB, or by an authorized insurance company.	Inspections can only be performed by an authorized insurance company Inspectors must notify the DOB via hpboilers@buildings.nyc.gov at least 10 days before performing the internal inspection.

New Elevator Requirements

The DOB will no longer subcontract “Periodic Inspections” to PVT Agencies. Instead, these annually required inspections will be the responsibility of the building owners. They must be performed by an approved elevator agency NOT affiliated with the agency in charge of the elevator’s maintenance. And as you guessed, this puts an additional expense on property owners.

Periodic inspections must be performed between January 1 and December 31 of each year, at least 90 days (3 months) from the date of any Category 1 testing or previous periodic inspection.
Following the final acceptance test, initial periodic inspections on new installations must be performed in the calendar year.
Witnessing agencies are not required to witness the periodic inspections

In short, the new requirement means that in addition to your Category 1 & Category 5 inspections, you now need to perform periodic inspections, as explained above. To quickly review, here is a short breakdown of the differences between Category 1, Category 5 and periodic inspection.

CATEGORY 1	CATEGORY 5	PERIODIC INSPECTION
Must be performed annually	Must be performed every 5 years from date of installation	Must be performed Annually
No load safety test performed	During Category 5 inspections, inspectors will test weights to verify full load full-speed operation of buffers car safety devices and tripping speeds electrical equipment 125 percent of the rated load tests the ability to break and slip traction	Devices that require annual testing – note the initial inspection on newly installed devices should be performed in the calendar year following the final acceptance
Owners and managers are responsible for hiring an approved elevator inspection agency to perform the test NOT affiliated with the agency in charge of the elevator’s maintenance.	Owners and managers are responsible for hiring an approved elevator inspection agency to perform the test NOT affiliated with the agency in charge of the elevator’s maintenance.	Owners and managers are responsible for hiring an approved elevator inspection agency to perform the test NOT affiliated with the agency in charge of the elevator’s maintenance.
Owners must also obtain the services of an impartial, unaffiliated third-party agency (typically an elevator consultant) to provide witnessing of the inspection.	Owners must also obtain the services of an impartial, unaffiliated third-party agency (typically an elevator consultant) to provide witnessing of the inspection.	No witness agency is required
Must be performed and submitted to the DOB by December 31^st of each year	Due at the end of the month in which they were last performed.	Must be performed and submitted at least 90 days (3 months) from the date of any Category 1 testing or previous periodic inspection.
Annual Inspection late fee: $150/month*	Inspection late fee: $250/month*	Annual Inspection late fee: $150/month*
Affirmation of Correction late fee: $150/month*	$250/month	$150/month

*Note that these are filing fees. If the inspection itself is performed late, you will be subject to a much greater penalty – up to $5000, dependent on the category.

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DOB Increases AEU Failure to Certify Penalties

Alexandra Schwab — Wed, 23 Sep 2020 18:40:20 +0000

Last August, the Department of Buildings (DOB) announced its plan to add a new section to the Rules of the City of New York (RCNY). And now that rule is going into effect October 3rd. With higher penalties and possible permits and COs on the line, it might best to brush up on the new regulations before that date

Here’s exactly what you need to know about Section 102-05.

Where has this section been added and what does it affect?

Section 102-05 is being added to Subchapter B of Chapter 100 of Title 1 of RCNY, which discusses penalties for failure to certify.

The existing sections 28-219.1 rules regulate penalties for failure to certify correction of certain immediately hazardous violations and set a range for these penalties. The new addition, Section 102-05, separates 1- and 2-family dwellings from other kinds of buildings and adjust the penalties accordingly..

Are the new penalties in addition to existing penalties or will they replace them?

The newly established penalties in Section 102-05 are in addition to all penalties already authorized by Article 202 of Chapter 2 of Title 28 of the Administrative Code.

What are the changes that the new section makes?

Section 102-05 adds a rule which states that any time a building owner fails to submit certification of correction of an immediately hazardous violation that poses a threat of imminent danger to public safety or property, they are required to pay one of the following penalties:

For one-family or two-family dwellings, the penalty is $1,500.
For all other kinds of buildings, the penalty will fall within the range of $3,000-$5,000.

In addition, no permit or certificate of occupancy will be issued, and no stop work order may be rescinded at the property, until the penalty is paid to the DOB. However, failure to pay the penalty will not prevent the issuance of a permit for work that needs to be performed for compliance with Articles 215 or 216 of Chapter 2 of Title 28 of the Administrative Code.

How can I avoid paying the penalty?

To avoid the new penalty, be sure to submit a certification of correction for all violations that meet the criteria detailed above. And if you have any open violations now, we suggest taking care of them before October 3^rd to avoid these additional consequences.

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What’s New at the DOB?

Alexandra Schwab — Mon, 01 Oct 2018 18:42:27 +0000

Sometimes it can feel like the NYC compliance code changes as often as the weather. What’s lawful and compliant today can be a reason for a violation tomorrow. Keeping up with the constant changes isn’t easy—but that’s where we come in. Jack Jaffa & Associates is committed to keeping you informed about all the changes the DOB implements to the NYC compliance code and all related regulations.

Here’s a brief overview of the changes made to the NYC compliance code over the last few months:

JULY

Elevator Compliance Filings to Launch in DOB NOW: Safety

In July, the DOB announced that as of September 17^th, 2018, all inspection/test reports and notifications for elevators and similar devices need to be submitted online via DOB NOW: Safety. (See September changes below for another update on elevator filings.).

Change in Safety Registration

Also in July, the DOB announced the following changes to safety registration:

All original applicants for Safety Registrations will need to submit the LIC7 application to srgc7@buildingsnyc.gov for review.

Applicants seeking Safety Registrations, including construction, concrete and/or demolition endorsement that will allow for construction permits of 4 stories or more, will need to schedule an appointment with the DOB’s Licensing & Exams Unit. You can schedule your appointment by calling (212) 393-2259

AUGUST

The Electrical Enforcement Inspections Unit Relocates

On Monday, August 6, the Electrical Enforcement Inspections Unit relocated to One Centre Street, 23rd Floor, Room 2342.

Limited Alteration Application (LAA) Filings to Launch in DOB NOW: Build

In August, the DOB announced that effective October 15, 2018, all new Limited Alteration Applications (LAA1) and Emergency Work Notifications (EWN) must be submitted on DOB NOW: Build. LAA filings submitted in DOB NOW will be permitted in real time.

New Online System for Plan Examination Appointments

Also in August, The DOB announced that it will launch an online self-service appointment system on October 1, 2018. The website will replace the current procedure of calling 311 to make appointments through the Plan Examination Notification System (PENS).

Follow Up to Service Notice on Elevator Compliance Filings

In a follow-up move to its announcement in July regarding elevator compliance filings, the DOB stated that paper elevator compliance filings will not be accepted after August 31. As of September 17, 2018, all paper elevator compliance filings must be submitted online via DOB NOW: Safety. (See September changes below for another update on elevator filings.).

SEPTEMBER

Several Central Units Relocate

On Monday, September 10^th, 2018, the following central units within the DOB relocated:

AEU
Central Cashier
Central Filing and Billing
Central Inspections
LAA
Licensing Units

The units relocated from the 4^th, 5^th, and 6^th floors of 280 Broadway to the 1^st floor of 280 Broadway.

Second Follow Up to Service Notice on Elevator Compliance Filings

To accommodate owners and industry members who are in the process of transitioning to DOB NOW, the DOB has announced that it will continue to allow paper filings of Elevator Compliance Notices in certain circumstances. The exact circumstances that warrant a paper filing can be found here. If your filings do not fit the requirements, you must submit them via DOB NOW: Safety as previously instructed. By 2019, all filings must be submitted in DOB NOW: Safety.

New Requirement: HPD Pilot Program Mandates Owners to Submit Required Documents to DOB

In accordance with Local Law 1 of 2018, the Department of Housing Preservation and Development (HPD) will develop a list of buildings identified as at-risk for tenant harassment for a new pilot program. The list will be effective as of September 28, 2018.

All owners of buildings on the HPD Pilot Program List will be required to submit a Certificate of No Harassment (CONH) or other HPD documentation to the DOB prior to obtaining approval or a work permit for covered categories of work.

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What the Local Law 133 Means for You as a Landlord

Alexandra Schwab — Thu, 13 Jul 2017 18:59:08 +0000

Just when you thought you had the NYC compliance code down pat, it goes and changes on you again. 2018 promises to bring yet another amendment to the compliance code, which you, as a landlord, must observe or risk being issued a violation.

No worries, though. As always, Jack Jaffa & Associates is here to guide you through the latest amendment to our city’s complicated compliance code.

Going green is always in vogue. That’s why Local Law 84 was passed back in 2009. Since it took effect in 2011, owners of large buildings in NYC measuring more than 50,000 square feet, or groups of buildings on a single lot larger than 100,000 square feet, were required to annually measure, track, and report their energy, gas, water, and fuel consumption. This process is commonly referred to as benchmarking. Since these reports are made available to the public, it was anticipated that they would generate energy efficiency and a greener usage of resources.

If any of your properties were included in the criteria set for Local Law 84, you’ve likely grown accustomed to reporting your energy usage. But now this law is set to change.

Last October, NYC passed Local Law 133/16 amending the benchmarking law. The list of buildings required to benchmark has been significantly expanded and now includes mid-sized buildings measuring 25,000 square feet or larger. Owners of these mid-sized building must benchmark for the first time by May 1^st, 2018, and then by May 1^st of every succeeding year.

Another important change to Local Law 84 exempts owners of “garden apartments” from being required to benchmark. As of October 31, 2016, the list of buildings required to benchmark excludes all residential properties that consist of three stories or less, for which ownership and maintenance responsibility of the HVAC and hot water heating systems are held by each individual dwelling unit owner. In simpler terms, if there is no HVAC system or hot water heating system in the series of dwellings that serve more than two units, the properties are exempt from benchmarking.

To submit benchmarking reports, owners must register with the Environmental Protection Agency (EPA), and then enter their utilities data spanning from January 1^st to December 31^st of the previous year into the EPA’s Energy Star Portfolio Manager.

As always, failure to comply with the law will result in a violation. Any property on the Covered Buildings List that has not submitted a benchmarking report by the May 1^st deadline will receive a Notice of Violation from the NYC Department of Buildings and be fined $500. Continued failure to benchmark will result in a $500 penalty being issued each quarter, up to a maximum of $2,000 fined per year.

To learn if you are required to benchmark, you can review your property tax bill from the Department of Finance. Look for a section marked “Greener, Greater Buildings Plan Compliance Notification.” You can also check the Covered Buildings List found on the GGBP website for your borough, block and lot (BBL) number. Please note, though, that the list of buildings covered by Local Law 133 had not yet been updated for 2018. However, it is smart to start tracking your energy usage if you have reason to believe your properties may fall on this list.

The NYC compliance code can seem to change with the seasons. That’s why Jack Jaffa & Associates is here to keep you updated on the latest laws and amendments to the compliance code. We’ll always keep you in the loop!

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