RAND Building News: Upcoming and New Local Law Compliance Deadlines
Whether in response to a recent tragedy or looking ahead to take preventive precautions, laws and regulations governing building maintenance are constantly evolving to better keep our communities healthy and safe. In the last couple of years alone, New York State, New York City, and Jersey City have added a spate of new laws to reduce carbon emissions, increase energy efficiency, and prevent catastrophic building failures.
RAND has compiled a list of important building maintenance-related local law deadlines for the next several months and beyond to help keep you in compliance with the myriad of laws that may apply to your building, Planning now will help you avoid violations, fines, and even possible civil penalties. Most importantly, timely compliance will help keep your buildings, residents, and commercial tenants safe.
The New York City Department of Buildings (DOB) occasionally extends deadlines and offers amnesty programs to help with compliance. RAND will continue to keep you informed of any updates as soon as they are released.
OCTOBER 1
Parking Garage Inspections (NYS)
Owners of parking garages built before January 1, 1984 in New York State (excluding New York City) must have their structures inspected by this date or be subject to enforcement action by their local municipality.
OCTOBER 31
Energy Efficiency Grades
(Local Law 33 of 2018)
Buildings subject to NYC Benchmarking Law must have current energy efficiency letter grades posted at a public entrance by this date. The labels are available annually starting October 1 of each year.
NOVEMBER 1
Cooling Tower Requirements (Local Law 77 of 2015)
Regular maintenance of cooling towers prevents the creation of health risks such as deadly legionella bacteria. Local Law 77 of 2015 requires the registration, inspection, cleaning, disinfection, and testing of all cooling towers, as well as certification of compliance with the law by November 1 of every year.
Cooling tower registration is mandatory. Any new cooling towers, fluid coolers, and evaporative condensers must be registered with the DOB prior to initial operation. Cooling towers must also be inspected and tested every 90 days. A first violation can result in a fine up to $2,000, increasing to up to $5,000 for subsequent violations. If the violation results in a serious injury or death, fines can rise upwards of $10,000 to $25,000 and include up to one year of imprisonment.
NYC Benchmarking Second Quarterly Deadline
Benchmarking data for buildings over 25,000 SF on the DOB Covered Buildings List is due May 1 of each year. The DOB imposes an additional $500 penalty per quarter for non-compliance, up to $2,000 per year. Owners have until November 1 to submit their 2020 benchmarking data and avoid an additional $500 fine.
DECEMBER 31
Energy Efficiency Reports (Local Law 87 of 2009)
Energy Efficiency Reports for buildings larger than 50,000 SF with tax block numbers ending in 1 are due. A penalty of $3,000 is assessed the first year of non-compliance, and $5,000 for each additional year until the report is submitted.
NEW: Jersey City Ordinance 21-054 (Structural Inspections)
Enacted in 2021 in direct response to the tragic Surfside condo collapse that killed 98 people, Jersey City's new Structural and Facade Inspections Ordinance requires structural inspections of concrete buildings taller than six stories every 10 years, and facade inspections of buildings taller than six stories, and masonry buildings four stories and taller, every five years. The first compliance deadline for structural inspections is December 31, 2022.
Gas Piping Inspections (Local Law 152 of 2016)
Gas piping systems in most buildings must be inspected by a Licensed Master Plumber (LMP), or a qualified individual working under the supervision of a LMP, at least once every four years. This year, owners of buildings in Community Districts 4, 6, 8 ,9, and 16 in all boroughs must comply with the December 31 filing deadline. Failure to file the Gas Piping System Periodic Inspection Certification by the corresponding deadlines is regarded as a major violation (Class 2) and may result in court hearings and a civil penalty of $10,000.
Retaining Wall Inspections (Local Law 37 of 2008)
Owners of properties in Queens with retaining walls that are 10 feet or taller and face a public right-of-way must have their retaining walls inspected and a report filed by December 31.The filing deadline for the inspection report is every five years and is based on borough. Failure to file may result in civil penalties of $1,000 per year, plus a $250 per month penalty until the property owner is in compliance. Failure to repair an unsafe condition carries a $1,000 per month fine until corrected.
February 21, 2023
Facade Inspection Safety Program (FISP) Sub-Cycle 9B
Owners of buildings in Sub-cycle 9B (block numbers ending in 0, 7, or 8) must have their buildings inspected and 9th Cycle facade inspection reports filed with the DOB by this deadline to avoid a $1,000/month penalty, plus an additional $5,000 failure to file penalty after one year (and every year thereafter until filing).
It is critical to have your 9B buildings inspected as soon as possible. New requirements for the 9th Cycle, including additional hands-on inspections and probe investigations for cavity wall facades, as well as supply chain issues and slowdowns, have increased the lead time of the entire facade inspection process to approximately three to four months. We strongly recommend that owners and managers of 9B buildings schedule their FISP inspection well before November 2022 to avoid missing the filing deadline, as failure to file penalties have increased fourfold since the last cycle.
Stay tuned for further updates and more of our local law rundown, which will cover more significant upcoming deadlines for 2023 and beyond.
For more information or to schedule a consultation regarding your property, contact us at (212) 675-8844 or info@nullrandpc.com. We look forward to speaking with you.
