Local Law 26

May 22, 2016
LOCAL LAWS OF THE CITY OF NEW YORK
FOR THE YEAR 2004
No. 26
Introduced by Council Members Provenzano, Avella, Comrie
Jr., Fidler, Koppell, Gennaro and Oddo (by request of
the Mayor).
A LOCAL LAW
To amend the administrative code of the city
of New York, in relation to building safety.
Be it enacted by the Council as follows:
Section 1. Subparagraphs (f) and (p
) of paragraph 4 of subdivision g of section 26-248 of the administrative
code of the city of New York are amended to read as follows:
(f) subdivision (b)
or (c)
of section 27-384 of the code; or
(p) section 2-4 or 4-3 of reference standard RS 13-1 [.]
;or
§2. Paragraph 4 of subdivision g of section 26-248 of th
e administrative code of the city of New York is
amended by adding three new subparagraphs (q), (r) and (s) to read as follows:
(q) subdivision (e) of section 27-383.1 of the code, or
(r) subdivision (b) of section 27-383; or
(s) section 27-929.1.
§3. Section 27-228.5 of the administrative code of the
city of New York, as renumbered by chapter 839 of the
laws of 1986, is amended to read as follows:
§27-228.5 General requirements. (
a)
Owners of all existing buildings which are required to comply with the
provisions of subdivision (a) of section 27-353.1 (elevator
vestibules), section 27-381 a
nd subdivision (b) of section
27-382 (exit lighting), subdivision (b) of section 27-384 (ex
it signs), section 27-396.3 (signs in sleeping rooms),
section 27-777.2 (ventilation in J-1 buildings
), subdivision (b) of sec
tion 27-929 (sprinklers, fire
alarm systems, fire
command and communication systems), paragraph two of subdi
vision (c) of section 27-989 (elevators in readiness),
section 27-996.1 (locks on hoistway doors)
and section 27-996.2 (firemen’s service) shall file with the department a
report on or before April first, nineteen hundred eighty-
seven certifying to the installation of the required fire
protection systems in accordance with a
pproved plans and appropriate permits prior to such date. Owners of all
existing buildings not already subject to the requirements of article nine of subchapter six of this chapter as of
January eighth, nineteen hundred seventy-three shall file w
ith the department a report on or before October first,
nineteen hundred eighty-five certifying to the installation of stair and elevator signs meeting the requirements of
article nine of subchapter six of this chapter prior to such date.
Owners of all existing buildings that are required to
comply with the provisions of subdi
vision (c) of section 27-384
(power source of exit signs) shall file with the
department, on or before July 1, 2007, a report of an arch
itect or engineer certifying
that all required exit and/or
directional signs are connected to an emergency power source or to storage battery equipment in compliance with
such subdivision except that no such report shall be re
quired to be filed if an owne
r of a building submits an
affidavit to the department, within ninety days after the effective date of this sentence, certifying that all required
exit and/or directional signs are connected to an emerge
ncy power source or to storage battery equipment as
required by such subdivision.
Such reports shall be on such forms and in such manner as prescribed by the
commissioner. Failure to file such report by such dates shall
be a violation of this section, which shall be punishable
pursuant to section 26-125 of title twen
ty-six of the administrative code.
(b) (1) Owners of all buildings one hundred feet or more in height required to comply with the provisions of
subdivision (a) of section 27-
929.1 (sprinklers) shall file with the depar
tment on or before July 1, 2019 a final
report prepared by an architect or e
ngineer certifying to the installation of
the required sprinklers in accordance
with such provisions and, pending the fili
ng of such final report, such owner
shall be required to file the following
2
interim reports as described below. Fa
ilure to file such final report and/or, wh
ere required, such interim reports by
the dates indicated or within any extended period of tim
e granted by the commissioner pursuant to paragraph (2) of
this subdivision shall be a violation of this section,
which shall be punishable pursuant to section 26-125 of the
code. Such reports shall be on such forms and in such m
anner as prescribed by the commissioner and shall be filed
as follows:
Unless a final report is filed on or
prior to such date, a one year
report shall be filed no later than
July 1, 2005.
The one year report shall contain an affidavit by
the owner of the building acknowledging that
sprinklers are required to be installed in such
building on or before July 1, 2019 in compliance
with subdivision (a) of section 27-929.1 of this
code and indicating his or her intention to comply
with such requirement.
Unless a final report is filed on or
prior to July 1, 2011, a seven
year report shall be filed no
earlier than January 1, 2011 and
no later than July 1, 2011.
Such seven year report shall contain a
certification by an architect or engineer of the
percentage of the building in which sprinklers
have been installed as of the date of such report
and an implementation plan prepared by such
architect or engineer detailing when and how the
remaining portions of the building will be made
fully compliant.
Unless a final report is filed on or
prior to July 1, 2018, a fourteen
year report shall be filed no
earlier than January 1, 2018 and
no later than July 1, 2018.
Such fourteen year report shall contain a
certification by an architect or engineer of the
percentage of the building in which sprinklers
have been installed as of the date of such report
and an implementation plan, prepared by such
architect or engineer detailing when and how the
remaining portions of the building will be made
fully compliant.
Except as otherwise provided in
paragraph (2) of this subdivision,
a final report shall be filed no
later than July 1, 2019.
Such final report shall contain a certification by
an architect or engineer that the building is fully
compliant.
(2) Where the owner of a building is unable to comply with the requirements of subdivision (a) of section 27-
929.1 on or before July 1, 2019 because
of undue hardship, and where such owne
r timely filed all interim reports as
required in paragraph (1) of this subdivision and has obt
ained approval of all required applications, plans and
permits relating to the required work, such owner may submit to the department an application for additional time
to comply with such requirements. Such application shall be submitted to the
department on or before July 1, 2018,
along with supporting documents indicating the basis for such claim of undue hardship. The commissioner shall
appoint a committee consisting
of employees of the department and the fir
e department and a representative of the
real estate industry to review such application. Such committee shall issue findings
and recommendations relating
to the application. After reviewing such findings and recommendations, if the commissioner finds that the owner
has made a good faith effort to complete the required
work and has substantiated his or her claim of undue
hardship, the commissioner may grant an extension of time in which to complete the work and submit the final
report.
§4. Footnote “e” of table 3-4 of subcha
pter 3 of chapter one of title 27 of th
e administrative code of the city of
New York is amended to read as follows:
Notes: