Q: Are there any new regulations I have to worry about for the new year?

JA: I’m glad you asked. Because what would a new year be without new regulations, right?

So here are some new laws you have to worry about for 2024.

1. New Parapet Inspections
2. New Penalties for Failure to File a Statement of Registration
3. New XRF Inspections – Okay, this one is technically not new for 2024, but with a deadline in 2025, you better start worrying about these inspections NOW.

Which brings me to something else that is new for 2024!

New regulations also mean new services from the Jaffa team. So, now we are providing the following services, helping you stay compliant no matter what the new year brings.

1. XRF Inspections
2. Parapet Inspections
3. TPP Inspections

For a quick review of everything new (and old) in 2024, check out our compliance calendar, which includes a list of all your deadlines, a to-do list of compliance tasks, and a synopsis of all your new requirements. You can view it online or download and print it as a reference throughout the year.

Q: Is it true that I have to inspect my parapets?

JA: Great question, and right on time. Starting in January 2024, all buildings with parapets fronting the public right-of-way, regardless of height, must have their parapets inspected to identify and correct hazards. 

The only exceptions to this new law are detached 1- or 2-family homes or buildings with a fence or other barrier preventing access to the exterior wall.

The good news? Jaffa Permit Service will be offering Parapet inspections under the supervision of our in-house architect, Jeff Akerman. You can reach out to the head of our Permit Services, Chase, with any questions or to schedule your inspection.

Q: What are the differences in my requirements for a low vs. high-pressure boiler?

JA: Great Question.

The short answer? There are a lot of differences. Low-pressure and high-pressure boilers should NEVER be treated the same. As per the NYC, they are different entities and therefore, have very different requirements.

But before you get all HEATED up, check out this blog by our DOB Supervisor, Alexandra Schwab for a clear breakdown of the different requirements for each type of boiler.

As property owners and managers, staying up-to-date with regulatory changes is crucial to our role. This is especially true when it comes to lead regulations. Because of the health hazard that lead can cause, NYC is constantly updating the regulations and cracking down on non-compliance. Recently, NYC unveiled new lead paint laws that can significantly affect NYC property owners, managers, and the properties they oversee.

Here’s a quick rundown of what these laws mean for you.

As you know, the existence of lead-based paint in any dwelling unit in a multiple dwelling where a child under the age of six lives is a class C immediately hazardous violation if the paint is peeling or is on a deteriorated subsurface. Because of the high-risk lead presents for young children, these violations are taken seriously and can come with heavy fines and penalties.

KEEPING RECORDS & TAKING NAMES

In addition, the new laws now stipulate that when a lead violation is issued, owners need to provide critical records, including your annual notice and investigations from the past year, within 45 days. After August 2025, these records must also include the reports for your XRF inspection as per LL31.

If you fail to provide these records, and you may be required to submit records for ten years, you will be in violation. The new law also stipulates the procedure in which to resolve these violations.

As per this law, you must submit the violation dismissal request form with ten consecutive years of records, including records for the year when the dismissal was requested. If you cannot submit all ten years of records, you can submit the violation dismissal request form with the required records for at least three consecutive years, including records for the year when the dismissal request was made. But be aware that once the department notifies you that the documents they submitted are sufficient, you will be responsible for paying $1,000 for each year of the ten years that were not submitted.

This is precisely why our lead department team recommends a thought-out and efficient record-storing system. That way, if you ever need to provide these records, you have them ready to go and can avoid penalties and fines. As a PSA, if our lead department team is doing your inspections, all this data can be easily accessed and downloaded from the client portal or the Jaffa deFINEd app.

While the above law is due to go into effect on September 1, 2024, with ten years of records needed to be produced, you may want to evaluate your record-keeping methods now and ensure that you are ready for this law when it goes into effect.

FRICTION: IT’S NOT JUST FOR TURNING OVER ANYMORE

While inspections and removal of lead-based paint abatement steps, including friction surface removal on doors and windows, are already required by apartment turnovers, the new law, similar to LL31’s required XRF testing by August 9, 2025, requires this task to be done in ALL applicable units where a child under the age of six lives by July 1, 2027.

With the passing of this law, friction surface, and other abatement-related work must be performed by whichever of the following comes first: turnover of a multiple dwelling erected before January 1, 1960, July 1, 2027, of ANY unit with a child under the age of six, or within three years of a child under six moving into a unit of a multiple dwelling erected before January 1, 1960.

The work you must do according to this law includes the remediation of all lead-based paint hazards and any underlying defects. If such underlying defects exist, then during unit turnover or before July 1, 2027 (as per this new law), you must take care of the following items:

• Make all bare floors, window sills, and window wells in the dwelling unit smooth and cleanable.
• Remove or permanently cover all lead-based paint on all friction surfaces on all doors and door frames.
• Remove or permanently cover all lead-based paint on all friction surfaces on all windows.
• Install or replace window channels or slides on all lead-based painted friction surfaces on all windows.

Again, because of the high risk of lead to children, you will be issued a Class C violation if you fail to perform any of these remediations and will be required to produce your lead-related records.

If you must temporarily relocate residence to perform any of these tasks, and they refuse, YOU ARE EXEMPT from complying with these laws. However, you must demonstrate your good faith effort to perform the required work and your tenant’s refusal to relocate.

The city will outline how to document your good faith effort and your tenant’s refusal to relocate, but as always, documenting any attempts and tenant responses is always a good idea. Again, this documentation can be done directly in our Jaffa deFINEd app so it’s easy to record, easy to track, and easy to provide to the city if ever required. In short, it’s just easier with the Jaffa deFINEd app. In addition, any violations issued on the basis of the owner’s request for exemption or issued after the exemption was granted will be dismissed. However, this exemption only applies when the current tenant resides in the unit and is no longer applicable once a new tenant moves in.

OH, THE JOY OF AUDITS & INSPECTIONS

The final law focuses on AUDITS (one of a property owner or manager’s most dreaded words). As per this new law, the department will identify, proactively inspect and audit 200 properties annually. The city will choose those properties that seem to pose a risk of lead exposure for children, per the DOHMH recommendations. These risks include:

• Buildings with peeling lead-based paint violations issued as a result of positive x-ray fluorescence tests,
• Buildings with violations issued for other indicators of deteriorated subsurfaces, including, but not limited to, mold and leaks
• Buildings with violations issued regarding non-compliance with lead-related tasks due upon unit turnovers

This law takes effect one year after its signing (it is currently waiting to be signed by the Mayor but will become law automatically after 30 days), so it will most likely go into effect in late August or early September of 2024. To avoid being one of the 200 properties that will be audited, make sure that your properties are in compliance with all of the above.

If you need assistance with your compliance with any of the discussed laws, please reach out to our lead department. They can help you avoid penalties, stay compliant and stay ahead of any new laws.

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

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

NEW ELEVATOR DEADLINE

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 31st 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.

The DOB is always issuing new requirements, but many of them only become relevant months, or years later.  The upcoming sprinkler requirement as of November 14, 2021, was instituted by the DOB a full two years ago.

Here’s what you need to know about the new sprinkler requirements and how to stay compliant.

What are my requirements?

Previously, in compliance with Local Law 26 of 2004, owners of buildings over 100 feet tall were required to install an automatic sprinkler system by July 1, 2019.

Now, effective November 14, building owners must file a sprinkler report with the DOB, certifying that the required sprinklers have been installed in their building. The report must be prepared by an architect or engineer.

How often do the reports need to be filed?

Sprinkler reports don’t need to be filed annually. In fact, they are only required to be filed every 14 years. However, it’s important to note that the DOB will begin issuing fines to all building owners who do not file their initial sprinkler report by the required deadline.

What is the deadline for filing a sprinkler report?

To remain compliant, building owners must file a sprinkler report by January 1, 2022. If you have not yet had your sprinkler system installed and inspected, you have two months to get the job done, have your report prepared by a qualified architect or engineer and file it with the DOB before they start issuing violations.

If you have already filed your report since July 1, 2019, there’s no need to file another one now.

What are the penalties for noncompliance?

Failure to file an acceptable sprinkler report can result in a civil penalty of $5,000 per year, beginning on January 1, 2022. For each month in which the building owner is late in filing a report, the DOB will slap on another $1,000. This means that if you have not filed your report by February 1, 2022, you can be fined $6,000 by the DOB. Each additional month in which you do not file can cost you another $1,000.

Can I challenge a civil penalty?

You can challenge a civil penalty by providing proof of compliance. This can include any of the following:

• A copy of an acceptable sprinkler report, or
• A certificate of occupancy indicating that the building does not need to comply with the requirement.

Challenges must be submitted in writing to the DOB within 30 days from the date of the violation.

If I’m a new building owner, can I request a waiver of penalties?

New owners of buildings may request a waiver of penalties due to change in ownership. To do so, they must submit proof of a recorded deed showing transfer of ownership to the current owner after the penalties were issued. They must also provide any additional documentation as requested by the department.

In addition, an owner may be granted a waiver of penalties if they submit a copy of an order signed by a bankruptcy court judge, or if a state of emergency that prevents the owner from conducting a report has been declared.

If you haven’t filed a sprinkler report, schedule an inspection today! Need help staying compliant?  Contact us today for further assistance.

As you likely know by now, the NYC compliance code can change as often as the weather — and the Jaffa team is here to keep you informed, always. We don’t want you to get slapped with a violation because you missed a new or amended law, and we’ll keep you updated about any changes you need to know about so that you always stay compliant.

Recently, there have been significant updates to your requirements.  Here’s what you need to know about the recent changes and upcoming deadlines.

Changes to Local Law 33 of 2018

Is your energy label posted?

In compliance with LL 33 of 2018, NYC building owners are now required to print and post a new Building Energy Efficiency Rating Label no later than October 31^st  each year. This law applies to all buildings that are larger than 25,000 square feet and appear on the NYC Benchmarking Covered Building List. The requirement to post the label is new for 2021.

You can access and print your building’s label beginning on October 1, by visiting the DOB NOW Public Portal.

The energy label includes the building’s energy efficiency score, as calculated by the City’s benchmarking tool. Be sure to post your building’s label in a visible location near each public entrance to the building. Failure to post a current label by October 31 can result in a penalty of $1250.

Hurricane Ida Fees and Permit Restrictions will be Waived

The Department of Buildings (DOB) has announced that all fees and permit restrictions for work that is being done due to damage caused by Hurricane Ida will be waived. This is effective as of September 14, and includes any and all fees for filings and permits for work that has become necessary due to damage caused by the hurricane.

To be eligible for the waived fees, building owners or applicants must indicate that the work is being done due to damage caused by the hurricane. The DOB has added a new statement to the Statements & Signatures section in all DOB NOW: Build filings, including Electrical, Limited Alteration Applications, and Elevator. Simply check the box to affirm that the work is being done due to damage caused by the hurricane, and all fees for the application will be waived.

Already paid a fee for applications for work that was necessary because of the storm’s damage? You can put that money back in your pocket. If you submitted an application that meets these criteria between September 1 and September 13, 2021, be sure to request a refund. You’ll need to submit a RF1-Refund Request Application to the appropriate email address as listed.

All properties in which the work being done is eligible for waived fees, are also eligible for waived permit restrictions. Specifically, the following permit restrictions can be waived in DOB NOW: Build:

• Local Law 160 of 2017 (Owner Arrears)
• Local Law 104 of 2019 (Multiple Dwellings with Excessive Open Violations)
• Local Law 114 of 2019 (False Statements and Work Without a Permit)

To qualify for a waived permit, select an exception on the permit application that indicates the permit is necessary to perform work to protect public health and safety.

Penalty Schedules Repealed

Effective October 5, 2021, OATH has repealed the following penalty schedules:

• Recycling –Sanitation Collection Rules Penalty Schedule. This includes recycling violations applicable to residential premises, agencies and institutions, and private carter-collected waste. It also includes repeat recycling violations.
• Sanitation Asbestos Rules Penalty Schedule. This includes violations relating to the storage, transportation, disposal, and abandonment of waste containing asbestos.
• Sanitation Penalty Schedule. This includes all sanitation-related violations as codified in the Rules of the City of New York and in the New York State General Business Law.
• Vehicle and Traffic Law Penalty Schedule. This includes violations of New York State Vehicle and Traffic Law related to abandoning a vehicle and to the illegal placement of flyers on windshields or under windshield wipers of motor vehicles.

It’s important to note that all of the above mentioned laws are still in effect and violations will still be issued for noncompliance. However, OATH will no longer be issuing the penalties for any of these violations. Instead, the respective agency that holds the rulemaking and policymaking authority over each of these laws will be issuing the violations.

You can count on Jack Jaffa to keep you informed and make sure you always stay compliant. Contact us today for further assistance in all things compliance.

Collecting Dust: Lead Dust Standards to Change This Year

As a property owner, it’s always important to be informed and up to date on laws and regulations to ensure that you remain in compliance and to protect the occupants’ safety and health. With NYC’s laws constantly in flux, it’s even more vital to stay in the loop at all times.

According to a proposed law that is scheduled to go into effect at the end of this year, lead-based paint standards may be changing in the near future.

Under Local Law 66 of 2019 by the Department of Housing Preservation and Development (HPD), the new standards are defined as:

• Paint will be considered lead-based at a level of 5 mg/cm² (formerly defined as 10 mg/cm²)
• Lead dust wipe standards have been lowered, effective June 11, 2021, to:
  • 5 ug/ft² on floors
  • 40 ug/ft² on windowsills
  • 100 ug/ft² on window wells
• Lead-free exemptions issued based on the older definition (1.0 mg/cm²) will be revoked at turnover on or after December 1, 2021; new exemptions must be requested
  • Owners may submit exemption applications according to the current definitions until March 1, 2022 only if
    • Testing was performed prior to December 1, 2021 and
    • Unit turnover will not occur prior to March 1, 2022
  • Lead poisoning levels in children have been lowered from 10 ug/dl to 5 ug/dl as per the CDC’s definition

The law will not go into effect until December 1, 2021

Additionally, August 9, 2021 marks one year since the implementation of Local Law 31 of 2020. All XRF Unit Inspections must be completed within the next four years.

For more information, follow us on Twitter, LinkedIn, Instagram, or Facebook to ensure that you don’t miss important updates.