The latest agency update for FY 25 is the new FDNY Regulatory Agenda. There are only three targeted proposals compared to DOB and HPD’s lengthier lists – here’s what you need to know:
Local Law 39 of 2023 Enforcement
Per the FDNY’s proposed document, “The proposed rule will implement cross-enforcement authority of Local Law 39 of 2023, as authorized by Local Law 50 of 2024.”
That’s a lot. Here’s what it actually means:
- Local Law 39 focuses on the sale, lease, and rental of powered bicycles, mobility devices, and storage batteries. We wrote about these updates in a post last year.
- Local Law 50 increases penalties for illegally powered devices, and empowers the FDNY specifically to enforce the law here.
- Local Law 50 also saw rules from the DCWP – the Department of Consumer and Worker Protection – proposed earlier this year, with a hearing on August 30th.
Basically, the DCWP creates rules for testing, certification, and other required safety measures and standards, and the FDNY has the power to penalize parties (generally those engaging in sales, leases, rentals, etc.) who don’t comply.
The FDNY’s rules will specifically outline what those penalties look like, including potential fines, violation vehicles (in this case, OATH summonses designated as hazardous). While these rules may not impact owners and managers directly, enforcement and guidance here directly impacts resident and tenant safety. We’ll keep an eye out for any specific things property owners should be aware of. Generally, it’s good to know that the FDNY may be issuing violations to commercial tenants responsible for lithium battery sales or similar, especially if businesses are tied to specific addresses or properties.
In-Building Auxiliary Radio Communications Systems
This rule will amend the existing rules regarding review and maintenance of in-building auxiliary radio communication systems (ARCS). Note that while the agenda says 3 RCNY 511-01 is being focused on, this rule was reorganized under 510-01 in 2023. You can see the current rule at 3 RCNY 510-01 here.
Per the FDNY’s agenda, the proposed rule is aimed towards saving building owners time and money. They expect it to be proposed in the third quarter of FY 2024 – potentially very soon, given the way NYC views fiscal years.
Emergency Preparedness Plans
The final proposed focus of the FDNY’s regulatory agenda is about EAPs (Emergency Action Plans) and FEPs (Fire and Emergency Preparedness Plans).
Proposed rules here will implement provisions of Chapter 4 of the 2022 NYC Fire Code – specifically, establishing standards, procedures, and requirements for the above plans. There’s a good summary of high-level changes from the 2014 to 2022 code which touches on potential rule areas here, under Chapter 4. Of course, we’ll provide more details once the FDNY announces their specific proposals.
This rule is expected to be proposed in the fourth quarter of FY 2024, and will generally impact owners of specific large buildings and businesses that occupy them.
What’s Next?
As of August 2024, we’ve seen a good amount of agencies announce their agendas for FY 25, and taken a look at their impact on property owners and managers. Here’s what happens now:
- As each agency releases proposed rules, they’ll be tied to a public hearing where anyone can provide commentary on the rule specifics
- Individuals can attend the hearing to gauge comment trends and/or potential adjustments before finalization
- Some time after the hearing (can be weeks, or potentially months), final rules will be promulgated with an effective date
- We’ll have specific updates on how each final rule impacts your properties, business, residents, and tenants at that time
If you need help before then, don’t hesitate to reach out to support@sitecompli.com – we’re here for you every step of the way as your partner in compliance.
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