AGENCY TESTIMONY
Concerns with proposed changes to emergency work provisions
0:15:35
·
115 sec
The DOB expresses concerns about proposed changes to the emergency work provisions in Intro 429, particularly regarding Admin Code Section 28-105.4.1.
- The current code allows for emergency work to be performed prior to obtaining a permit to address immediate hazards
- The bill's proposed language 'restore the system to a good working condition' is seen as too broad and ambiguous
- The DOB opposes expanding emergency work allowances beyond educational and residential buildings during heating season
- The department believes the proposed changes could pose potential safety concerns
Constadino 'Gus' Sirakis
0:15:35
Emergency work section of administrative code 28105.4.1.
0:15:41
Understanding that emergency situations may arise that require immediate action to resolve, the current code allows for emergency work to be performed prior to obtaining a permit to address a hazard, to prevent harm to persons or property.
0:15:55
An application for a permit must be filed with the department within 2 business days of commencing the emergency work.
0:16:02
The bill seeks to incorporate language into the introductory paragraph of that section that would allow work necessary to store the system to a good working condition to be performed prior to obtaining a permit.
0:16:15
It is unclear what issue the proposed text restore the system to a good working condition is intended to address.
0:16:22
It is the department's position that the proposed language is too broad, ambiguous, and goes well beyond the scope of what's contemplated with respect to emergency work.
0:16:30
The provision is intended to allow only for the work that is necessary to abate the emergency.
0:16:36
Any additional work beyond that must be performed under a limited alteration application, which means any required permits must be obtained prior to commencement of the work.
0:16:47
With respect to the proposed amendments to item 4, is the department's position that the current limitation to educational and residential buildings is appropriate.
0:16:56
The intent is to allow for emergency work necessary to ensure that heat and hot water is provided to buildings in those occupancy groups during what is referred to in New York City as heating season.
0:17:07
The proposed amendment seek to expand that allowance beyond those occupancy groups.
0:17:11
The proposed deletion of the phrase servicing educational residential occupancies effectively expands allowance to all occupancy groups.
0:17:19
Such expansion coupled with other proposed edits would significantly expand the allowance beyond what was originally intended.
0:17:27
The department believes that such a change could pose potential safety concerns.
