Avrohom Ackerman July 7, 2016 Comments on the Proposed DOB Rule Regarding Construction Codes and Zoning Resolution Determinations and Appeals Fees The Statement of Basis and Purpose for the Proposed Rule states: The Department provides a service when current or prospective applicants request a Borough Commissioner to issue a Determination interpreting certain provisions of the Zoning, Energy or Construction Codes. It goes on to state: The proposed rule would add fees for processing Determinations filed with a Borough Commissioner s Office and appeals to the Technical Affairs Unit using either a ZRD1 or CCD1 Form. The ZRD1/CCD1 forms are not exclusively utilized for the purpose of interpretation of provisions. As the impetus for the proposed fee is predicated and/or based on the idea that the Department is providing a service, please consider this; There are scenarios in which the applicant is directed by DOB to file a ZRD1/CCD1 form not for the purpose of interpretation of provisions. Scenario 1. There are instances in the Construction Codes wherein power is given to the Commissioner to grant that which is not permitted as-of-right. In the Zoning Resolution, there are many instances in which the input of the Commissioner of Buildings is explicitly required: 11-31(a), 11-333, 11-335, 12-10 Def. Adult Establishment (2)(ii), Def. Fire Wall (b), Def. Predominantly built-up area, 13-101, 13-241 (a), 13-25(b), 13-26(b) & (d), 13-35, 15-021(f), 16-23(a), 22-331, 23-83, 24-62, 25-028, 25-13, 25-17, 25-19, 25-21, 25-31, 25-34, 25-532, 25-542(a), 25-63, 25-631(f), 25-632(f), 25-634, 25-65, 25-75, 25-83, 25-86, 26-15, 32-21(A.), 35-52, 36-13, 36-21, 36-24, 36-38, 36-442(a), 36-53, 36-55, 36-58(c), 36-65, 36-682, 36-73, 36-76, 37-921(a), 37-922(a)(5) & (b), 37-951, 42-222, 42-45, 44-13, 44-21, 44-24, 44-332, 44-43, 44-44, 44-55, 44-582, 62-11 Def. Floating Structure, 62-462, 64-51, 64-91, 81-44, 91-52(a) & 2 nd to last paragraph, 92-05, 93-84(b), 95-09, 98-11, 101-52(b), 101-535, 101-632, 101-741, 101-743, 104-73, 105-36, 107-483(c), 115-51(a)(2) & (b)(1), 119-217(a), 122-20(d), 124-05(b), 126-41, Appendix E 37-04(j). In this scenario Plan Examiners customarily ask for a Determination Request. (See Exhibit A, in which the Commissioner was kind enough to respond that no formal Determination Request was required.) Scenario 2. Instances in the ZR where reference is made to regulations promulgated by the Commissioner of Buildings. In these cases, if no official Department memorandum or notice has been issued, Plan Examiners customarily request that a Determination Request be filed. Scenario 3. There are matters for which a Department issued memo provides clear guidance, and even so the Plan Examiner requests that a Determination Request be filed to ascertain that that the criteria set forth in the memo is being met. (See Exhibit B) In the above three Scenarios, while a Determination Request is required to be made to the Commissioner of Buildings, an interpretation of provisions of the ZR or CC is not what is being requested. Suggested Clarification of Rule: The ZRD1 form shall contain a checkbox labeled Request Submitted for Interpretation of Provisions of the ZR. The proposed fee shall apply only if the box is checked. If not checked, and it is determined that it should have been, the application shall be returned as defective. The CCD1 form, which now contains three checkboxes (top of pg. 2), shall contain a fourth, labeled Other. The proposed fee shall apply only if one of the first three boxes is checked.
420605777 ES234206730 DEPT OF BLDGS Job Number Scan Code Abe Ackerman From: Sent: To: Cc: Subject: Scott Pavan (Buildings) <SPavan@buildings.nyc.gov> Thursday, July 09, 2015 2:56 PM Abe Ackerman; Vivian Lin (Buildings); Warren Schiffman Jennifer Modi (Buildings) RE: CCD1-38954- 420605777-112-16 Astoria Blvd. Mr. Akerman, 28 104.2.5 applies to any request for partial approval (and early foundation). There is no other published department bulletin or memo with additional requirements. As such, this or any other project may comply with 28 104.2.5. I hope this clarifies your question. No determination is required. Best regards, Scott D. Pavan RA Deputy Borough Commissioner NYC Buildings From: Abe Ackerman [mailto:aackerman@dsmdesigngroup.com] Sent: Thursday, July 02, 2015 3:47 PM To: Vivian Lin (Buildings); Warren Schiffman Cc: Scott Pavan (Buildings); Jennifer Modi (Buildings) Subject: RE: CCD1-38954- 420605777-112-16 Astoria Blvd. Ms. Lin Thank you for your response. The DOB has issued a memo regarding implementation of the code section to which you refer. (Attached.) The code section does indeed set forth the contingency of partial approval for foundation. In doing so, it says the commissioner may grant partial approval of construction documents for the issuance of foundation and earthwork permits. When the BC makes reference to commissioner approval, it has been DOB practice to either set minimum standards for inclusion, or to require the submission of a determination request (with the understanding being that the determination reviewer is an agent of the Commissioner.) This was the impetus behind Edwin Tangs memo. As stated in our CCD 1, the examiner has directed us to submit the CCD 1 request. To satisfy the examiner, I believe a CCD 1 response is needed, or at the very least, an email from an agent of the Commissioner stating that case by case Commissioner approval is not required for the purposes of the administration of the provisions of BC 28 104.2.5. I appreciate your consideration of this matter. Thank you. Abraham Ackerman DSM Design Group 158-13 72 nd Avenue Fresh Meadows, NY 11365 Tel. 718 380 8882 Ext. 1021 Cel. 347 728 2416 Fax 718 380 2055 1
From: Vivian Lin (Buildings) [mailto:vlin@buildings.nyc.gov] Sent: Thursday, July 02, 2015 9:59 AM To: Warren Schiffman; Abe Ackerman Cc: Scott Pavan (Buildings); Jennifer Modi (Buildings) Subject: CCD1-38954- 420605777-112-16 Astoria Blvd. Hello, Your determination for the above referenced premises with Control No. 38954 has been reviewed. Provided all requirements of 2008 BC 28 104.2.5 are met, any application may request partial approval for early foundation. Therefore, no determination is required and Control No. 38954 is hereby dismissed. Thank you. Vivian Lin NYC Department of Buildings Development Hub 80 Centre Street, 3 rd Floor New York, NY 10013 2
ADMINISTRATION laws and rules and the zoning resolution. The professional shall submit satisfactory proof of the successful completion of such training or continuing education courses to the department. 28-104.2.1.3.2.2 Mandatory permanent revocation. The commissioner shall permanently revoke, without the opportunity of restoration, the professional certification privileges of an engineer or architect who, while on probation, professionally certifies an application, plans, construction documents or other document that contains false information or is not in compliance with all applicable provisions of law or who otherwise demonstrates incompetence or a lack of knowledge of applicable laws. 28-104.2.1.3.2.3 Construction. Nothing herein shall be construed to limit the commissioner s power, consistent with state and local law, to adopt rules that include additional grounds to limit the filing privileges of or otherwise sanction registered design professionals, after the opportunity for a hearing, who it determines, knowingly or negligently submit applications or other documents to the department that contain false information or are not in compliance with all applicable provisions of law or that otherwise demonstrate incompetence or a lack of knowledge of applicable law or standards. 28-104.2.1.4 Database. The department shall create and maintain a database of all registered design professionals who have been excluded, suspended or otherwise sanctioned by the department. Within 7 business days of the date a sanction is imposed, the department shall post on its website and shall make available upon request, the name of the registered design professional, a description of the sanction, the initial date of the sanction, the reinstatement date, if applicable, the address of the premises for which the application associated with the sanction was submitted, and whether the sanction was imposed after a hearing or a settlement. The department shall provide requested information concerning the exclusion, suspension or other sanction of a specific registered design professional within 30 days of such request. 28-104.2.1.5 Applicant requirement. The program shall include a condition that the applicant remain with the job until it is signed-off by the department and that if the applicant withdraws from the job before the issuance of a letter of completion or certificate of occupancy, as applicable, all work shall stop and no permit, letter of completion or certificate of occupancy shall be issued until a successor registered design professional is designated as applicant and such person submits (i) a professional certification indicating his or her concurrence with the construction documents as accepted by the department or (ii) new construction documents are approved or accepted by the department. 28-104.2.2 Approval or acceptance to be indicated on construction documents. All construction documents, when approved, shall be stamped or endorsed approved under the official method of the department, followed by a notation of the date except that construction documents accepted with less than full examination by the department shall be stamped or endorsed accepted instead of approved. One set of approved or accepted construction documents shall be retained by the department and another set shall be maintained at the job site until the work authorized by the permit is completed and signed-off by the department. 28-104.2.3 Time limitation of application. An application for approval of construction documents shall be deemed to have been abandoned 12 months after the date of its submission, unless such application has been diligently prosecuted after rejection in whole or in part, or unless a permit shall have been issued pursuant to this code, except that the commissioner may upon application, for reasonable cause, grant extensions of time for additional 12-month periods. 28-104.2.4 Conditions of approval. All construction documents approved by the commissioner shall be conditioned upon and subject to compliance with the requirements of this code and other applicable laws and rules in effect at the time of issuance of the associated work permit or place of assembly certificate of operation. 28-104.2.5 Phased or partial approval. In the case of construction documents for the construction of new buildings or the alteration of buildings, the commissioner may grant partial approval of construction documents for the issuance of foundation and earthwork permits before the construction documents for the entire building or structure have been submitted. The approval of such partial applications will be subject to the submittal and approval of construction documents, filed together or separately, comprising: 1. The lot diagram showing the exact location of the lot and dimensions to the nearest corner; 2. A complete zoning analysis showing compliance of the proposed work with the zoning resolution; 3. The foundation plans, as provided for in this code; and 4. The floor and roof plans showing compliance with exit requirements, as provided for in this code. The issuance of such foundation and earthwork permit is subject to submission of required submittal documents. The owner and the holder of such foundation and earthwork permit shall proceed at their own risk with the construction operation and without assurance that a permit for the entire structure will be granted. 28-104.2.6 Deferred submittal. With the prior approval of the department, the applicant may defer submittal of portions of the design until a specified period of time after the issuance of a permit. The applicant shall list the deferred submittal items on the initial application for construction document approval. The deferred submittal items shall not be constructed or installed until the design and submittal NEW YORK CITY CONSTRUCTION CODES GENERAL ADMINISTRATIVE PROVISIONS A-9
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ZRD1/CCD1 Response Form Location Information (To be completed by a Buildings Department official if applicable) House No(s) 461 Street Name W 34th St Manhattan 732 1 1012856 Borough Block Lot BIN Job No. DETERMINATION (To be completed by a Buildings Department official) Request has been: Approved Denied Approved with conditions Follow-up appointment required? Yes No Primary Zoning Resolution or Code Section(s): Other secondary Zoning Resolution or Code Section(s): Comments: In consideration that conditions specified in Buildings Bulletin 2008-010 are met, the request to omit a refuse chute from the proposed 29 story hotel is hereby approved. As per Buildings Bulletin 2008-010. In hotels that are provided with daily cleaning service, the Commissioner may accept transient hotels without a refuse chute under the following conditions: 1) The building is of non-combustible construction class 2) The hotel rooms are provided with daily cleaning service 3) The refuse is removed by hotel staff from each floor using a service elevator that is not accessed by hotel guests 4) The hotel is provided with a refuse compactor room as required by the applicable code The proposed subject building is of 2 hour protected, non-combustible I-B construction. The guest rooms will be provided with daily cleaning services and the refuse will be removed by hotel staff using a service elevator that is not accessible by hotel guests. A refuse compactor in conformance with all applicable regulations is proposed. Name of Authorized Reviewer (please print): Title (please print): Authorized Signature: Date: Time: Issuers: write signature, date, and time on each page of the request forms; and attach this form. Note: Determination will expire if construction document approval is not obtained within 12 months of issuance. Page 4 of 7 6/09
ELEC. TRANS. VAULT ELEC. TRANS. VAULT ELECTRIC BUS VAULT ELEC. TRANS. VAULT REFUSE CO.: SP INDUSTRIES, INC. MODEL: CP-331 REFUSE ROOM LOCATION REFUSE ROOM NOTES: SPRINKLER HEADS TO BE INSTALLED A& CONNECTED TO THE BUILDING SYSTEM. WALLS TO HAVE 50 STC SOUND RATING. ROOM IS ENCLOSED WITH 2HR CMU WALLS, CEILING OF 9" CONC. SLAB & FLOOR OF 42" MAT SLAB FOUNDATION. FD HB 2HR FPSC DOOR FEC SERVICE ELEVATOR GUEST ELEVATORS DW Page 5 of 7 FEC Architect: Seal: Project Location: Issue Date: Drawing No.: 158-13 72nd Avenue, Suite 2F, Flushing, NY 11365 Tel: (718) 380-8882 Fax (718) 380-2055 --- COURTYARD BY MARRIOTT HOTEL 461 WEST 34TH STREET NEW YORK, NY 10001 Sheet Title: SUB-CELLAR FLOOR PLAN Scale: Project No.: 02.19.2014 1/16" = 1'-0" SK-001.00 Sheet No.: 12-003 01 OF 03
15'-1" SC-01 NET: 294 S.F. REFUSE COMP. RM. 1 17'-11" HB 17'-3" 16'-11" 2'-9" 3'-0" 3'-6" 6'-2 1 2 " 5'-2" 2'-7 1 2 " 2'-4 1 2 " 2'-4" FD 2HR FPSC DOOR 4'-0" FEC Page 6 of 7 SERVICE ELEVATOR Architect: Seal: Project Location: Issue Date: Drawing No.: 158-13 72nd Avenue, Suite 2F, Flushing, NY 11365 Tel: (718) 380-8882 Fax (718) 380-2055 --- COURTYARD BY MARRIOTT HOTEL 461 WEST 34TH STREET NEW YORK, NY 10001 Sheet Title: ENLARGED FLOOR PLAN ROOM Scale: Project No.: 02.19.2014 1/4" = 1'-0" SK-002.00 Sheet No.: 12-003 02 OF 03
RD SERVICE ELEVATOR GUEST ELEVATORS Page 7 of 7 ICE Architect: Seal: Project Location: Issue Date: Drawing No.: 158-13 72nd Avenue, Suite 2F, Flushing, NY 11365 Tel: (718) 380-8882 Fax (718) 380-2055 --- COURTYARD BY MARRIOTT HOTEL 461 WEST 34TH STREET NEW YORK, NY 10001 Sheet Title: GUESTROOM FLOOR PLAN Scale: Project No.: 02.19.2014 1/16" = 1'-0" SK-003.00 Sheet No.: 12-003 03 OF 03