ELECTRICAL INDUSTRY UPDATE September, 2012
AGENDA v. Development Inspections v. Complaint Inspections v. DOB ECB Violations v. Environmental Control Board v. DOB ECB Violation Classifications v. ECB Violation Resolutions v. ECB Violation Corrections v. ECB Contact Information 2
Electrical Violation Protocol 3
NYC 2011 Electrical Code Local Law 39 of 2011 • Section § 27 -3021. 2 - Enforcement of Electrical Violations • Codifies DOB’s ability to issue Environmental Control Board Violations • Effective July 1, 2012 • 4
Development Inspections • Sign-Offs • Continue issuing “objections” • Licensees call for re-inspection within 30 days or face possible violations • ECBs for immediately hazardous conditions 5
Development Inspection Process Call for final sign-off Inspection Inspector finds an “outlet not AFCI protected” issues objection 30 Days to correct Licensee calls for Re-inspection Not corrected Objection or ECB issued Corrected & Signed-off 6
Development Inspections (cont’d) • Instances of immediately hazardous conditions during Development Inspections • NOVs will be issued for o o o Unlicensed work No or improper Grounding No overcurrent protection of conductors Working on Advisory Board job prior to Advisory Board approval Unapproved/unsafe/unsuitable electrical equipment in use 7
Complaint Inspections • NOV issued for all violations of the Code • Stop work order for all unlicensed/unpermitted work • Issued to unlicensed contractor, Owner, Lessee, or other responsible individual/entity 8
DOB’s ECB Violations • Most common type of violation issued by the DOB when a property does not comply with the NYC Electrical Code, Building Code and/or Zoning Resolution • Contains order to correct the condition and to certify correction at DOB • Often results in hearing at ECB (Administrative court) 9
About Environmental Control Board (ECB): • • • Administrative court that conducts hearings on Notices of Violation (NOVs) issued by City agencies for "quality of life" infractions Decides either “In Violation” or “Dismissed” ECB imposes penalties if found “in violation. ” ECB does not: • • Issue NOVs Establish enforcement policies Employ inspectors or agents Direct, control or otherwise influence where, when or to whom notices are issued 10
ECB Violation Components Respondent and Property Information Commissioner’s Order to Correct Violations Cure/Hearing Date Info Hearing Location 11
ECB Violation Classification Violations are classified by “Severity” • Immediately Hazardous - Class 1 • Major Violation - Class 2 • Lesser - Class 3 12
Immediately Hazardous - Class 1 NYC Administrative Code (§ 28 -201. 2. 1) A violating condition that: • • severely affects life, health, safety, property, the public interest, or a significant number of persons warrants immediate corrective action Important characteristics: • • Mandatory hearing even if cured • No stipulation or mitigation Penalty Range: Minimum $1, 000 - Maximum $25, 000 13
Major Violation - Class 2 NYC Administrative Code (§ 28 -201. 2. 2) A violating condition that affects life, health, safety, property, the public interest but does not require immediate corrective action Important characteristics: • • • Most are eligible for cure, stipulation or mitigation Some hearings are mandatory Penalty Range: $0 - $10, 000 14
Lesser Violation - Class 3 Where the violating condition has a lesser effect than an immediately hazardous (Class 1) or major violation (Class 2) on life, health, safety, property, or the public interest. Important characteristics: • • • All are eligible for cure, stipulation or mitigation Hearings are not mandatory Penalty Range: maximum $500 15
ECB NOV Process NOVs must be certified as corrected • • • Class 1 – immediately Class 2 & 3 – 40 days to correct Remain open until certification is approved Opportunity to avoid hearing and penalty by early certification (cure) Certification submissions reviewed by Administrative Enforcement Unit (AEU) • • Documentary proof violation corrected o Permits, photos, etc. Sworn statement 16
ECB Violation Resolution Options Cure (Certain violations) Stipulation (Certain violations) Contest at Hearing Default Certification (Required for all violations unless dismissed) 17
ECB Violation Resolution Options 1. Cure • Available for Certain Violation (Class 3 s and selected Class 2 s) • Requires Admitting to the Violation • Correct violating condition and certify correction within 40 days of service of violation • If certification is accepted by DOB: • No appearance at hearing • No ECB penalty imposed • Failure to submit certification within 40 days requires respondent to appear at ECB on their hearing date 18
ECB Violation Resolution Options (cont’d) 2. Stipulations (Pre-hearing) • • Certain Violations (Class 3 s and selected Class 2 s) Admit to the violation Extends compliance time by additional 75 days from the first scheduled hearing date. May be accepted by mail or at hearing By mail: 1/2 penalty if accepted before the first hearing At hearing: Board approved hearing penalty Penalty returns to original hearing penalty if not certified in 75 days. 19
ECB Violation Resolution Options (cont’d) 3. Attend a Hearing • Contest (raise a defense) • In Violation: Pay penalty and certify correction • Dismissed: No penalty and no obligation to certify correction • Appeals: Respondent and DOB can appeal after decision • Mitigation: Proof provided that condition(s) was corrected before first scheduled hearing date – ALJ may impose a mitigated penalty (1/2) • Stipulations (at hearing) 20
ECB Violation Resolution Options (cont’d) 4. Default: Respondent does not appear at hearing • • Higher default penalty imposed 5 times the normal penalty Certification required No appeal privilege 21
Certification of Correction The Certificate of Correction can be completed by • Respondent named in the violation • Officer, Director of Managing Agent of named respondent corporation • Owner even if not named respondent • Managing agent of place of occurrence • Partner of named respondent Partnership • Contractor or other agent (with authorization) 22
Why Certify Correction? Required by Law • • Order from Commissioner to correct violation and submit certification Violations can be issued for not certifying correction Violations remain “open” until certification received • • BISWeb is updated to indicate compliance Banks, mortgage, title companies review BISWeb for compliance information “Sweeps” of uncorrected violations may result in additional violations Failure to certify can affect ability to obtain a Certificate of Occupancy Agreed to by Stipulation 23
Certification Process Submissions reviewed by AEU • • By mail (280 Broadway, 5 th Fl. , New York, NY) In person (8: 30 a. m. – 4: 00 p. m. ) Attachments to Certificate of Correction: • • All permits, bills, receipts, photographs, and/or other documentary proof that the violating condition(s) have been corrected A sworn statement by person who performed the work and describing the work done to correct. 24
Certificate of Correction The Certificate of Correction can be completed by the: 1. Respondent named in the violation 2. Officer, Director or Managing Agent of named respondent corporation 3. Owner, even if not named respondent (new owner, attach a copy of deed) 4. Managing agent of place of occurrence (letter of designation from owner) 5. Partner of named respondent partnership 6. Contractor or other agent (with authorization) 25
Finding an ECB Violation on BISWeb To obtain information about an existing violation, visit the Department’s Buildings Information System (BIS). Once you log on to BIS, you can search by address or by the violation number. Below is a demonstration of this useful search tool found at www. nyc. gov/buildings. 26
Violation Forms on the Web AEU 2 Certificate of Correction Affidavit • (and instructions) for certifying Environmental Control Board violations issued by DOB. AEU 6 Multiple Submission Form • To be used when certifying multiple DOB issued Environmental Control Board violations. Individual violation certifications must be attached. AEU 20 Statement in Support of Certificate of Correction • This form is provided as a convenience for preparing the required statement(s) to accompany the AEU 2, Certificate of Correction. www. nyc. gov/buildings 27
Tips to Avoiding ECB Violations Comply with the Code • • • Obtain Permits Work within the scope of permit Avoid Shortcuts Do not “FARM OUT” work Know the Electrical Code Clarify questionable Courses of actions with Electrical Borough Chiefs before proceeding with work Correct Outstanding Violations Immediately • Uncorrected violations may lead to additional violations • 28
Contact Info For Violations ECB: • • • Hearing information Rescheduling a hearing Hearing decisions ECB penalty payments Hearing Locations • Manhattan: 212 -361 -1400 - 66 John St. , 10 th Fl. • Bronx: 718 -993 -6110 – 3030 3 rd Avenue. , 2 th Fl. • Brooklyn: 718 -875 -7428 - 233 Schermerhorn St. 11 th Fl. • Queens: 718 -298 -7300 - 144 -06 94 th Ave. , 1 st Fl. • Staten Island: 212 -361 -1400 - 350 St. Marks Pl. , 1 st Fl. AEU (212 -566 -2850): • • • Certify Correction Information on how to correct a specific violation Past violations that were written in error 29
Outreach Manhattan - June 12 th over 100 Electrical Licensees attended • Queens - June 14 th 90 Electrical Licensees attended • Brooklyn - June 21 st over 70 Electrical Licensees attended • Information sessions with Electrical Contractor Associations • June 19 th, July 10 th, and Sept. 5 th • 30
Questions ? ? ? 31
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