By Renee Sosnowski
On August 26, 2019, the New York City Department of Buildings (DOB) will hold a public hearing to discuss a proposed rule to update its penalty schedule in compliance with Local Law 203 of 2017. That legislation amended the Administrative Code §28-203.1 to enact minimum penalties for immediately hazardous violations and major violations of the NYC Administrative and Building Codes.
Specifically, the proposed rule would increase penalties for three “immediately hazardous” or “major” building code violations:
- BC 3307.7, Class 2. The standard penalty for failing to construct or maintain a job site fence pursuant to [sub]section would increase from $800 to $1,000.
- BC 33188.8.131.52, Class 1. The standard penalty for failure to provide time schedule for cranes (including erection, jumping, climbing or dismantling) would increase from $1,250 to $2,000.
- BC 3319.8.6, Class 1. The standard penalty for a missing meeting log would increase from $1,250 to $2,000.
Again, these changes reflect previous amendments to the administrative code enacted by LL 203 of 2017, which went into effect in 2018. In other words, these changes are almost certain to be approved during the August 26 hearing.
The proposed rule also corrects a few typos in code citations.
New Violation Alert
More importantly, the rule adds an immediately hazardous violation relating to Administrative Code §28-401.16.
If a license holder authorizes, consents to, or permits the use of his or her license by or on behalf of another person, such a breach constitutes a Class 1 violation. This immediately hazardous violation will carry a standard penalty of $5,000, up to a maximum $25,000 penalty.
For questions about this proposed rule or for guidance with violations dismissal, contact Metropolis Group at 212.233.6344.