November 2019 Compliance Updates (And Some Non-Updates)

We’ve gotten some new updates on recent rules, and no word regarding some others. Here are key updates you should know, and things you should keep in the back of your mind for Fall 2019:

Energy-Related Updates

The City Council recently passed several new bills focused on energy-related initiatives. We’ve written about them in a separate post, but here are some new updates:

Local Laws 92 & 94 – Green and Solar Roof Requirements

“Beginning November 15, 2019, all new buildings and alterations of existing buildings where the entire existing roof deck or roof assembly is being replaced must provide a sustainable roofing zone covering 100% of the roof.”

    That text is taken directly from the DOB Service Notice outlining Local Law 92 and Local Law 94. If either of the above applies to any of your buildings, click into the Service Notice link for more details on applications, filings, and specific requirements.

    Local Law 147 – An Update To Local Law 97

    Local Law 97, a key part of the Climate Mobilization Act, mandates specific emissions limits for different sizes and types of buildings. One of the city’s newest laws, Local Law 147, clarifies some of the text in LL 97. You can read it for yourself here, or you can join our webinar on November 12th (link below) and hear about these changes from building experts firsthand.

    DOB Penalties For Failure To Post Energy Grades/Scores

    In addition to penalties for failing to submit annual benchmarking reports, covered buildings will now be subject to penalties for failing to post their annual energy efficiency grade and score.

    Local Law 33 requires owners to post energy efficiency scores and grades near the building’s public entrance. More details can be found in our first post on the new law. That said, grade ranges were recently adjusted – you can see the changes here.

    Per the proposed rule, buildings would be fined $1,250 for failure to post the score/grade within 30 days after October 1 (the date when the score/grade will be available). Photographic proof of a timely posting may support any challenges to issued penalties. Still, this amount has only been proposed – managers and owners can submit any comments to the rule via email, mail, fax, the website directly, or by speaking at the hearing on November 25th. We’ll let you know once the final rule is released post-hearing.

    Additional Resources

    Carbon Monoxide Detector Locations

    Local Law 191 laid out some amendments to DOB’s rules regarding carbon monoxide placement. They apply to Group B occupancies (transactional business purposes – banks, barber and beauty shops, labs, post offices, print shops, professional services, etc.) and Group M occupancies (mercantile – department stores, drug stores, markets, retail or wholesale, etc.).

    Here are the DOB’s updates to RCNY Section 908-01:

    • CO Detectors with built-in sounder bases installed in buildings that are equipped with a fire alarm system and that contain Group B or M occupancies must be installed in the following locations:
      • Any room containing CO-producing equipment, except kitchens
      • Any corridor on the story where carbon mnoxide-producing equipment unit is located, as well as one story above and one story below
      • Any corridor on the story where enclosed parking or a loading dock is located, as well as one story above and one story below
      • Any parking attendant’s office or booth located within an enclosed garage or loading dock
      • As an alternative to installation to the above, and locations determined by performance-based design with department approval
      • Detection zones (read more)

    Read the fully updated rule here for more details, and check in with with your fire safety or code consultant for any questions.

    Non-Update: Posting Violations Requirement

    Local Law 110 mandated that owners would have to provide and post copies of open violations to dwelling units/in the lobby, as appropriate. For example, if a violation is for an area affecting all residents, it would be posted in the lobby. If a violation was issued for a specific unit, a copy would have to be provided to that unit, along with a department-created pamphlet. The copy and pamphlet must also be provided to adjacent units.

    We can think of a million questions here: what kinds of violations? New violations “as of” a specific date or ALL open violations? What exactly does adjacent mean? That’s just a few, but we’re hoping these questions and more will be answered when the HPD releases clarifying rules. We’ll let you know as soon as we know, and we’ll share the pamphlet as soon as it’s published.

    Non-Update: Parking Garages

    We’re still waiting for the city to release new parking garage inspection requirements, in line with updates from New York State. These include initial assessments and periodic reassessments, and filing results with the city.

    This city inspection checklist was last updated in 2018, before the State’s new rules. We’ll let you know once the DOB published proposed updates for city garage inspections.

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    About the Author

    Kristen Hariton

    Kristen Hariton is the Vice President, Product Engagement at SiteCompli, focused on exploring new solutions and innovations in property operations tech. When she's not sharing the latest industry trends, changes, and updates, she's planning her next adventure to Walt Disney World.