Failure to certify – Jack Jaffa & Associates https://www.jackjaffa.com NYC Compliance Fri, 11 Feb 2022 18:44:22 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.9 https://www.jackjaffa.com/wp-content/uploads/2023/12/jaffa-favicon.png Failure to certify – Jack Jaffa & Associates https://www.jackjaffa.com 32 32 161912740 Shorter Filing Deadlines for Boiler & Elevator Requirements  https://www.jackjaffa.com/shorter-filing-deadlines-for-boiler-elevator-requirements/ Tue, 08 Feb 2022 05:05:57 +0000 https://www.jackjaffa.com/?p=34473 The post Shorter Filing Deadlines for Boiler & Elevator Requirements  appeared first on Jack Jaffa & Associates.

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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

 

New Elevator Deadline Requirements

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.

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DOB Increases AEU Failure to Certify Penalties https://www.jackjaffa.com/dob-increases-aeu-failure-to-certify-penalties/ Wed, 23 Sep 2020 18:40:20 +0000 https://www.jackjaffa.com/?p=33872 Last August, the Department of Buildings (DOB) announced its plan to add a new section to the Rules of the...

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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 3rd to avoid these additional consequences.

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