The DOB announced new proposed rules for Local Law 152, setting the stage for major potential changes.

We review the proposed rules, and here’s our summary of what you need to know:

Local Law 152 Background

As a reminder, Local Law 152 requires buildings to comply with several regulations centered on gas piping systems. Properties in specific occupancy groups have to:

• Submit gas piping system inspections once every four years, based on their property’s community district; or
• Submit certifications confirming their property doesn’t have a gas piping system; or
• Submit paperwork if a property does have a gas piping system, but it’s not currently supplied with gas

The city’s page gives a good rundown on basics for this requirement, along with a filing schedule. You can see specific due dates for your properties and their community districts in your SiteCompli/InCheck account. 

Clarification on Certifications

Previously, the law and subsequent rules didn’t state that properties without gas piping systems (ones that required certifications) were exempt from cyclical filings. That means they’d have to submit certifications once every four years. Now that one cycle has passed and we’re nearly halfway into the second, the DOB wants to clarify requirements here.

Specifically, they’re adding a key line (bolded below) to the rules:

(2) This requirement for periodic inspections does not apply to buildings that contain no gas piping system, provided that the owner of such a building submits to the Department, in a form and manner determined by the commissioner, along with a filing fee as specified in the rules of the Department, a certification from a utility company, a registered design professional, or a licensed master plumber or an individual under the direct and continuing supervision of a licensed master plumber, stating that the building contains no gas piping system. Such statements need only be submitted once. The due date for submitting such a certification pursuant to this paragraph shall be as follows…

If the proposed rules are finalized, properties will only need to submit certifications once – not every cycle. 

It’s a big change that makes sense. If a property doesn’t have a gas piping system, there’s no need to re-certify that every four years.

We also highlighted another new proposed addition to the rule in the above quote. Now, utility companies would be able to provide certifications alongside RDPs or LMPs.

This change doesn’t apply to properties that need to perform inspections, or seemingly properties with gas piping systems that aren’t connected to appliances/actively supplied with gas. Language has been deleted from the proposed rules that refer to one-time filings for properties without active service, meaning they may have to file regularly in each cycle. We’ll confirm this with the DOB and update you based on the final rules.

Violation Resolution

While recent Notices of Deficiency didn’t carry any penalties, the DOB will be issuing violations for failure to file inspections & certifications in Cycle 2. Those violations carry $5,000 penalties for buildings that aren’t 3-family properties.

Correcting violations would require the following:

• Pay the penalty due
• File an inspection or certification, as required

Both requirements can be done separately, but they need to be completed in order for the violation to be dismissed.

Penalty Waivers

Owners can request a waiver of penalties for a number of reasons outlined in the proposed updates:

• If they’re a new owner of the property, and penalties were incurred before transfer of ownership. Specific proof is required here
• If the owner is in bankruptcy
• If a state of emergency prevented the requirement from being completed
• If the building was misclassified as anything other than R3 when it is an R3 occupancy, or converted to an R3 occupancy
• If the building was demolished prior to the inspection cycle being due
• If the building was required to be sealed or vacated by one of several city agencies, which prevented compliance

There are also specific penalty waiver instructions for buildings that had work in progress to remove their gas piping system or had no active service.

Additional Inspection Changes

In addition to the changes above, there are more adjustments to the proposed rules worth noting:

• Qualified inspectors must notify the DOB at least 2 days prior to the inspection
• The DOB will not review inspections or certifications (or consider them filed) if they are in pre-filing or Quality Assurance failed status
• Several filing fees would be documented in the rule, including a $375 fee for certification filings and $480 fees for buildings with no gas service

You can see details for the full proposed rule set here, including instructions on how to attend the hearing and provide comments.

The hearing is set for October 27th, which is the same day as our customer conference, RealFocus! We’ll be covering Local Law 152 changes, including responsibilities & requirements, in one of our key afternoon panels. You won’t want to miss details on these updates and many, many others – visit our event site to get more information, and save your spot!