Below is your regular monthly roundup of NYC Council updates for owners and managers for June 2024. Read on to see what’s been approved, and the potential changes coming for structural regulations citywide.
Approved: Risk-Based Inspection Program
A new law approved on June 20th focused on a new required DOB inspection program to identify hazardous buildings.
The program would use a “predictive model” to identify buildings for inspection using the following factors:
- building information and characteristics, including but not limited to building age, occupancy type, ownership type, and construction material;
- permit history;
- violation history;
- applicable compliance filings;
- disciplinary history of registered design professionals, contractors, or licensees;
- relevant 311 complaints;
- neighboring site characteristics and construction activity; and
- any other factors determined by the commissioner.
The goal of the program is to identify where unlicensed/unpermitted work may be occurring, or where maintenance, facade, or structural issues, among other issues of concern, could affect the integrity of a building or neighboring site. The department will perform inspections at properties based on analytics using the above factors – that is, whether or not the above stats show that there is “potential for a hazardous condition or other safety concern.”
Corrective Action Plan
The second part of this new law focuses on a Corrective Action Plan. The DOB commissioner will “promulgate rules to establish criteria for when a Corrective Action Plan is required.” This would be based on potential safety issues, or other items that require action.
The owner or owner’s agent shall submit an acceptable plan within the time allowed by the Department, but not more than 30 days after notification. Plans would have to be prepared by a registered design professional (typically a Professional Engineer/Registered Architect) in good standing with relevant city and state departments. Plans must include details of every violating condition alongside photos, construction documents, and a timeline detailing repairs. The Department will then conduct inspections as necessary to verify that the measures outlined in the Plan are occurring.
The Department may charge fees for inspections, and for review of a Corrective Action Plan. Owners must also provide notice of the Plan in a “conspicuous manner in the building lobby indicating the conditions identified during the proactive inspection for which a violation was issued. Such notice shall be made available in all designated citywide languages upon request.”
The program and Plan requirements go into effect 180 days after becoming law, or around the end of 2024 (unless vetoed). We’ll keep you posted on any changes, and when the DOB releases rules closer to the effective date.
Proposed: Solid Waste Receptacles
A proposal from the council would require “someone who manages or controls a building with 100 units or more” provide a dumpster for refuse. The bill is still in committee, but we may see updates here in the coming months.
Proposed: Numerous Structural Regulations
The most recent Housing and Buildings Committee meeting featured a ton of proposed regulations on structural items. While a good number of them focused on sidewalk sheds, others touched on existing requirements like facade inspections.
There’s some overlap with previously introduced proposals, but these are all now in committee. Here’s a rapid-fire list of what’s being discussed:
Sidewalk Shed Proposals
- Permit holders for sidewalk sheds or scaffolding would be required to repair or replace city-owned trees that are damaged
- This proposal would create specific guidelines for sidewalk sheds in parks and playgrounds
- This proposal would increase sidewalk shed lighting
- This proposal creates penalties for failure to “apply for corresponding work permits after installing a sidewalk shed.”
- The DOB would be required to perform sidewalk shed inspections every 6 months, and charge fees proportionate to the size of the shed
- The DOB would have to give advanced notice of sidewalk shed installation to the appropriate Community Board & council member
- This bill relates to permissible artwork on sidewalk sheds
Everything Else
- A new rule would require the DOB to establish a pilot program for using drones in facade physical examinations and close-up inspections
- Construction-related equipment would be removed when active work isn’t happening under this proposal
- This proposal would require facade examinations for newly constructed buildings to be submitted 8 years after completion (instead of the current 5 years). It would also require the DOB to coordinate submission of facade reports “as practicable” so that all facade repairs on a given block happen simultaneously
- The DOB would be required to do education and outreach for facade inspections and financing information
As always, stay tuned for the next monthly roundup, and any big updates from the council, DOB, or other city agencies in between.
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