NOTICE OF PUBLIC HEARING
Subject: Opportunity to comment on proposed amendments to rule 101-07, rule 103-01, and rule 103-05 relating to boiler inspection and reporting deadlines
Date/Time: November 8, 2013 / 10a.m.
Location: Department of Buildings
280 Broadway, 4th Floor
New York, NY 10007
Contact: Robert Daly, P.E.
Director
Central Inspections Boiler Division
New York City Department of Buildings
280 Broadway, 4th floor
New York, NY 10007
Proposed Rule Amendment
Pursuant to the authority vested in the Commissioner of Buildings by Sections 643 and 1043 of the New York City Charter and Article 303 of Title 28 of the New York City Administrative Code, and in accordance with Section 1043 of the Charter, the Department of Buildings proposes to amend Section 101-07, Section 103-01, and Section 103-05 of Chapter 100 of Title 1 of the Rules of the City of New York.
Instructions
- Prior to the hearing, you may submit written comments about the proposed amendment to Mr. Daly by mail or electronically through the NYC Rules website at http://www.nyc.gov/nycrules by November 8, 2013.
- To request a sign language interpreter or other reasonable accommodation for a disability at the hearing, please contact Mr. Daly by October 22, 2013.
- Written comments and a summary of oral comments received at the hearing will be available until December 9, 2013 between the hours of 9:00 a.m. and 5:00 p.m. at the Office of the Commissioner, Department of Buildings, 280 Broadway, 7th floor, New York, NY 10007.
STATEMENT OF BASIS AND PURPOSE
The following rule amendments are proposed pursuant to the authority of the Commissioner of Buildings under Section 643 and 1043(a) of the New York City Charter and Article 303 of Title 28 of the New York City Administrative Code. Article 303 requires annual inspections of boilers. Section 28-303.4 authorizes the Commissioner to set the inspection cycle, and section 28-303.7 allows rules regarding the filing of inspection reports.
With the proposed amendments to these rules regarding the annual inspection cycles for boilers, the Department is addressing some administrative issues that affect the deadlines for inspection and submitting reports for high-pressure and low-pressure boilers. The proposed amendments would do the following:
- Allow the current inspection cycle that started on January 1, 2013, as a result of the 2012 inspection cycle extension due to Hurricane Sandy, to end on December 31, 2013. All subsequent inspection cycles for years after 2013 will start on January 1 and end on December 31 of the calendar year. These changes would establish the same annual inspection cycle that was used prior to the Department’s cycle change in 2009.
- Create a conventional annual inspection cycle within a single calendar year that makes it easier for boiler owners to follow. These amendments will make it administratively easier for boiler owners and Department staff to identify the particular inspection cycle that the inspections and/or violations were filed and/or issued.
- Allow the Department to more easily calculate fees. The Department charges monthly late fees for inspection reports filed after the inspection cycle deadline. Adjusting the annual boiler inspection cycle period to start on January 1 and end on December 31 would allow the Department to more easily calculate and determine when it should assess monthly late fees.
- Make sure that the boiler owner is properly filing records with the Department that are consistent with the active boilers present in the building. These amendments will allow inspection records to be maintained more accurately and the Department to account for boilers in use in city buildings.
- Alert the Department to the dangerous conditions caused by unregistered boilers. The Department deems unregistered boilers to be a dangerous condition that could threaten the life and safety of building occupants. These amendments allow the Department to be more aware of unregistered boilers by requiring inspectors to immediately notify the Department upon discovering an unregistered boiler during an inspection.
- Add to the low pressure boiler rule a provision regarding expired inspections that is in the high pressure boiler rule.
“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.
New text is underlined; deleted material is in [brackets].
This rule was not included in the agency’s most recent regulatory agenda as it was not contemplated at the time the agenda was published.
Section 1. Subparagraph (ii) of paragraph 5 of subdivision (c) of section 101-07 of title 1 of the rules of the city of New York is amended to read as follows:
(ii) [Effective January 1, 2009, periodic] Periodic boiler inspections required by section 28-303.2 of the Administrative Code shall be performed in compliance with the following requirements:
§2. Clause (B) of subparagraph (ii) of paragraph 5 of subdivision (c) of section 101-07 of title 1 of the rules of the city of New York is amended to read as follows:
(B) A low pressure boiler annual inspection must be conducted between [November 16th of the preceding calendar year through November 15th] January 1st and December 31st of the calendar year for which an owner submits the report [is being submitted at a date that follows the preceding annual inspection by 6 months or more]. Low pressure boiler annual inspections must be conducted at least six months apart. The inspector must verify that a valid department-issued boiler number is affixed to the boiler and such number must be used in all correspondence between the inspector and the department. If an inspection reveals any dangerous condition in a boiler that threatens life or safety and that requires an immediate shut down of the boiler, or reveals an unregistered boiler, the inspector must immediately notify the boiler division at the department of the condition via fax or email at the number or address provided on the department's website, http://www.nyc.gov/buildings.
§3. Paragraphs 1, 3 and 4 of subdivision (c) of section 103-01 of title 1 of the rules of the city of New York are amended to read as follows:
(1) Filing deadline. For the low pressure boiler annual inspection report or any part [thereof] of that report, forty-five (45) days from the inspection date [of the inspection, but in no event later than December 31st of each calendar year].
(3) Inspection cycle. [November 16th of the preceding calendar year] January 1st through [November 15th] December 31st of the calendar year for which the report is being submitted. Annual inspections must be at least six (6) months apart.
(4) Late filing. An inspection report or any part [thereof that is] of that report filed after the forty-five (45) day filing deadline but in no event more than twelve (12) months from the date of the inspection.
§4. Paragraph 1 of subdivision (d) of section 103-01 of title 1 of the rules of the city of New York is amended to read as follows:
(1) Inspection and report filing. An owner [shall] must comply with the inspection requirements and [shall] must file low pressure boiler annual inspection reports [as provided for in §101-07] pursuant to Article 303 of Title 28 of the Administrative Code and in accordance with Section 101-07 of this chapter.
§5. Subdivisions (e), (f) and (g) of section 103-01 of title 1 of the rules of the city of New York are relettered as subdivisions (f), (g) and (h), respectively, and a new subdivision (e) is added to read as follows:
(e) Acceptance of filings. Inspection reports filed after the forty-five (45) day filing deadline but within twelve (12) months of the inspection date will be considered late filings and will be subject to the appropriate civil penalties as set forth in subdivision (f) of this section. Reports filed after such twelve (12) month period will be considered expired. In such cases, owners will be subject to the appropriate civil penalties for failure to file an inspection report, as set forth in subdivision (f) of this section, and the department will require a new inspection to be performed for the current inspection cycle and a new report filed in accordance with this section.
§6. Paragraphs 5 and 8 of subdivision (c) of section 103-05 of title 1 of the rules of the city of New York are amended to read as follows:
(5) Inspection cycle. [November 16th of the preceding calendar year] January 1st through [November 15th] December 31st of the calendar year for which an owner submits the report [is being submitted].
(8) Late filing. An inspection report or any part [thereof that is] of that report filed after the forty-five (45) day filing deadline but in no event more than twelve (12) months from the date of the inspection.
§7. Paragraph 5 of subdivision (e) of section 103-05 of title 1 of the rules of the city of New York is amended to read as follows:
(5) The inspector [shall] must verify that a valid department-issued boiler number is affixed to the boiler, and [such] this number [shall] must be used in all correspondence between the inspector and the department. If an inspection reveals any dangerous condition in a boiler that threatens life or safety and that requires an immediate shutdown of the boiler, or reveals an unregistered boiler, the inspector [shall] must immediately notify the department’s boiler division of the condition via fax or email at the number or address provided on the department’s website, http://www.nyc.gov/buildings.
§8. Subdivision (f) of section 103-05 of title 1 of the rules of the city of New York is amended to read as follows:
(f) Acceptance of filings. Inspection reports filed after the forty-five (45) day filing deadline but within twelve (12) months of the date the inspection was conducted [shall] will be considered late filings [upon payment of] and will be subject to the appropriate civil penalties as set forth in subdivision [(i)] (j) of this section. Reports filed after such twelve (12) month period [shall] will be [deemed] considered expired. In such cases, [the appropriate civil penalties shall be paid,] owners will be subject to the appropriate civil penalties for failure to file a report as set forth in subdivision (j) of this section, and the department will require a new inspection [shall] to be performed for the current inspection cycle and a new report filed in accordance with this section.
NEW YORK CITY LAW DEPARTMENT
DIVISION OF LEGAL COUNSEL
100 CHURCH STREET
NEW YORK, NY 10007
212-356-0428
CERTIFICATION PURSUANT TO
CHARTER §1043(d)
RULE TITLE: Boiler Inspections Rule Amendment
REFERENCE NUMBER: 2013 RG 030
RULEMAKING AGENCY: Department of Buildings
I certify that this office has reviewed the above-referenced proposed rule as required by section 1043(d) of the New York City Charter, and that the above-referenced proposed rule:
- is drafted so as to accomplish the purpose of the authorizing provisions of law;
- is not in conflict with other applicable rules;
- to the extent practicable and appropriate, is narrowly drawn to achieve its stated purpose; and
- to the extent practicable and appropriate, contains a statement of basis and purpose that provides a clear explanation of the rule and the requirements imposed by the rule.
/s/ STEVEN GOULDEN July 25, 2013
Acting Corporation Counsel Date
NEW YORK CITY MAYOR’S OFFICE OF OPERATIONS
253 BROADWAY, 10th FLOOR
NEW YORK, NY 10007
212-788-1400
CERTIFICATION / ANALYSIS
PURSUANT TO CHARTER SECTION 1043(d)
RULE TITLE: Boiler Inspections Rule Amendment
REFERENCE NUMBER: DOB-42
RULEMAKING AGENCY: Department of Buildings
I certify that this office has analyzed the proposed rule referenced above as required by Section 1043(d) of the New York City Charter, and that the proposed rule referenced above:
- Is understandable and written in plain language for the discrete regulated
community or communities;
(ii) Minimizes compliance costs for the discrete regulated community or
communities consistent with achieving the stated purpose of the rule; and
(iii) Does not provide a cure period because property owners are provided an ample window of time to meet the requirement.
/s/ Andrea Bender July 26, 2013
Mayor’s Office of Operations Date