NYC Compliance Roundup July 2019: Lead Paint, Asbestos, Battery Systems, and More

We’ve summarized four of the most impactful new policies either proposed or adopted by the city, complete with links on where to find the full rule and how you can give feedback.

Outdoor Stationary Storage Battery Systems

Read the proposed rule here


The FDNY is proposing a new rule to regulate the “design, installation, operation, and maintenance of” outdoor stationary storage battery systems – commonly used in office buildings/other commercial spaces to provide emergency or standby power for life safety systems, or uninterruptible power for business operations.

Environmentally-friendly developments have led to new storage technologies, but have also resulted in fire safety concerns associated with lithium-ion batteries (prompting these new regulations).

This lengthy proposed rule reviews testing and standards, permits, a COF requirement, remote monitoring and reporting, and more.


DEP Update For Asbestos Rules & Penalties

Read the proposed rule here


Earlier this year the DEP amended its asbestos rules, followed by requests for clarifications from abatement professionals. The DEP has proposed several updates including license requirements, air sampling technician presence, air sample placement, and more. There’s also the re-introduction of penalties that were missed after transitioning from OATH.

Read the rule for a full rundown of what’s being proposed and attend the hearing on July 22, 2019.



Lead Rule Changes – Lowering Accepted Levels

Read the new rule here


In a possible further development from the LeadFreeNYC initiative, the DOHMH made changes related to lowering the acceptable level of lead in paint. “Lead-based paint” will be redefined with a lower lead concentration threshold, impacting testing and enforcement actions.

Read the new rule for more details on why this change is being made, and how it brings NYC law more in line with updated information.


Proposed Repeal of Sanitation Penalty Schedules

Read the proposed rule here


OATH is proposing a repeal of several of their penalty schedules including their Recycling and Sanitation penalty schedules. This is part of an ongoing effort for the city to reinforce OATH’s core function as an unbiased tribunal, and to return the authority of issuing penalty amounts back to the enforcement agencies that issued the original violations.

In conjunction with this proposed repeal, DSNY is proposing a rule with a penalty schedule that incorporates the violations that are covered in OATH’s proposal that don’t have fixed penalties but have range penalties instead.

Read the proposed rule for the entire list of penalty schedules they are looking to repeal.

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About the Author

Lindsay Bradish

Lindsay is a Senior Support Associate at SiteCompli. She has been with SiteCompli since 2017. She loves NYC compliance, theatre, 90s pop culture, and animals that wear tiny hats.