November Compliance Update: Local Law 152 Extension & LL 87 Changes

Another Local Law 152 extension is here, this time for the Community Districts originally due in 2021. The Council also made adjustments for properties with gas piping, but no active gas service. Plus, there are some changes to Energy Efficiency Reports you’ll want to know:

Local Law 152 Due Date Extension

Much like last year’s extension for the initial group of inspections and certifications, the City Council has proposed and passed INT 2259-A, prolonging the deadline for the second group of gas piping system filings until June 30, 2022. This extension impacts Community Districts 2, 5, 7, 13, and 18, initially required to file certifications or inspections by December 31, 2021.

Additionally, if corrections are required, “such building owners may submit the certification form to the department later than 120 days following the building’s inspection date or later than 180 days following the building’s inspection date as provided in item 4 of section 28-318.3.3 of the administrative code of the city of New York [editor’s note: if additional time is needed, as noted on the Certification provided to the DOB], but in no event shall the certification form be submitted later than June 30, 2022.”

This does not impact requirements for reporting and correcting unsafe or hazardous conditions. As a reminder, “If an inspection reveals any unsafe or hazardous condition(s), the licensed master plumber must immediately notify the building owner, the utility providing gas service to the building, and the Department. The building owner must take immediate action to correct the condition(s) in compliance with the New York City Construction Codes and any required permits.”

While the DOB hasn’t released a Service Notice just yet (the law was enacted 10/21, but is awaiting the mayor’s signature or the 30 day period), they will be required to release educational materials regarding this extension by December 1, 2021. These materials will also include best practices for hiring plumbers to perform required inspections. We’ll keep you posted as soon as these materials are released.

Gas Piping, But No Active Gas Service

INT 2321-A allows for properties with gas piping, but no active gas service, to forgo Local Law 152 inspections “so long as they provide certification from their utility company and themselves that there is no active gas service in their building.”

Specifically, the law states: “A building otherwise required to undergo an inspection pursuant to section 28-318.1 that is not currently supplied with gas, and that has no appliance connected to any gas piping, shall not be required to undergo such inspection when the following is submitted to the department”:

  • The last date when gas was supplied to the building
  • The date upon which gas service was no longer provided to the building
  • A signed statement from the owner of such building containing a certification that the building no longer receives gas service, and a certification that the building no longer contains appliances connected to gas piping

Of course, if owners resume gas service, they must comply with Local Law 152 “before gas service is resumed, regardless of whether such inspection and certification would otherwise be required for that building at that time”, and also obtain “a certificate of approval of gas installation from [the] DOB.”

Like the above law, this is also awaiting the mayor’s signature and should get additional updates from the DOB over the coming weeks.

Inspection and Certification Extensions

INT 2321-A also allows for general extensions, noting owners who are unable to obtain an inspection pursuant to the law by the DOB’s required due date may receive a 180 day extension “and the filing of any certification required to be filed after such inspection, upon notification to the department in a manner established by the department.” The department will also conduct outreach to notify owners regarding the availability of extensions. Of course, this seems more generalized and separate from the extension provided for this filing year as stated above. We’re looking forward to additional notes here from the DOB.

Local Law 87 Energy Efficiency Report Updates

Energy Efficiency Reports (EERs) are due every 10 years for covered buildings under Local Law 87. EERs are submitted during the calendar year that matches the last digit of the building’s tax block number (2021 for block 11, 2022 for block 12, and so on). You can get more information on general submission requirements and processes here.

Here’s where the update comes in. Per the DOB’s recent Service Notice, Beginning January 1, 2022, an Energy Efficiency Report (EER) must be submitted to the Department of Buildings by a registered design professional. Registered energy auditors and retro-commissioning agents who are not registered design professionals may continue to submit an EER to DOB until their registrations expire or until December 31, 2021, whichever is earlier. Registrations will not be renewed once expired.”

Specific questions about this change can be sent to LL87Questions@buildings.nyc.gov. You can also forward general questions about Benchmarking-related requirements and city initiatives to the NYC Sustainability Help Center at Help@NYCsustainability.org.

Stay tuned for more DOB news as the city closes out 2021 and continues to make adjustments.

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About the Author

Kristen Hariton

Kristen Hariton is the Senior Product Marketing Strategist at SiteCompli. A member of the SiteCompli team since March 2013, Kristen has learned more about compliance and property operations than she ever thought possible. When she's not sharing the latest industry trends, changes, and updates, she's planning her next adventure to Walt Disney World.