L.L. 2013/140

Enactment date: 12/30/2013

Int. No. 1040-A

By Council Members Richards, Lander, Wills, Brewer, Chin, Dromm, Fidler, James, Mealy, Mendez, Rose, Vacca, Weprin, Williams, Recchia, Levin, Reyna, Van Bramer, Mark-Viverito, Gonzalez, Nelson, Eugene, Garodnick, Dickens, Palma, Barron, Rodriguez, Ulrich, Oddo, Arroyo, Ferreras, Jackson, Comrie, Koo, Vann, Koslowitz, Vallone, Lappin and Halloran

A Local Law to amend the administrative code of the city of New York, in relation to the creation of a database to track the expenditure of funds in connection with recovery efforts in the wake of Hurricane Sandy.

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 2. This local law shall not require reporting on any contracts entered into prior to the effective date of this local law where the reporting requirements of this local law would require collecting information that is not available to the city, and cannot reasonably be obtained by the city.

§ 3. If any provision of this local law or the application thereof shall for any reason be adjudged by any court to competent jurisdiction to be invalid or unconstitutional, such judgment shall not effect, impair or invalidate the remainder of this local law.

§ 4. Data maintained pursuant to this local law shall also be subject to chapter 5 of title 23 of the administrative code, where such chapter is otherwise applicable.

§ 5. This local law shall take effect 90 days after its enactment into law, provided, however, that city agencies, officers and employees, including but not limited to the city chief procurement officer, shall take such actions as are necessary for its implementation prior to such effective date.

L.L. 2013/141

Enactment date: 12/30/2013

Int. No. 1056-A

By Council Members Dilan, Comrie, Dickens, Koo, Richards, Rose and Gennaro (by request of the Mayor).

A Local Law to amend the administrative code of the city of New York, the New York city plumbing code, the New York city building code, the New York city mechanical code and the New York city fuel gas code in relation to bringing such codes up to date with the 2009 editions of the international building, mechanical, fuel gas and plumbing codes, with differences that reflect the unique character of the city and clarifying and updating administration and enforcement of such codes and the 1968 code, and repealing section 27-123.1 and 27-123.2 of the administrative code of the city of New York, subarticle 2 of article 2 of subchapter 4 of chapter 1 of title 27 of the administrative code of the city of New York, articles 8, 9 and 10 of subchapter 4 of chapter 1 of title 27 of the administrative code of the city of New York and reference standard RS 4 of the building code Reference Standards set forth in the appendix to chapter 1 of title 27 of the administrative code of the city of New York.

Be it enacted by the Council as follows:

Section 1. Legislative intent. This local law implements sections 28-601.1, 28-701.1, 28-801.1 and 28-901.1 of the administrative code, which require triennial updates of the New York city plumbing code, the New York city building code, the New York city mechanical code and the New York city fuel gas code to reflect changes in the International Plumbing, Building, Mechanical and Fuel Gas Codes. These amendments will bring the New York city codes up to date with the 2009 editions of the International Plumbing, Building, Mechanical and Fuel Gas Codes published by the International Code Council, with differences to accommodate the unique nature of construction in the City. The local law is divided into parts A through E. Part A contains amendments to chapters 1 through 5 of title 28 of the administrative code in separately numbered sections within part A. Chapters 1 through 5 contain general provisions governing administration and enforcement of all such codes and the 1968 code. Parts B, C, D and E contain amendments to chapters 6 through 9 of title 28 of the administrative code and to the codes within such chapters – chapter 6, containing the New York city plumbing code (part B); chapter 7, containing the New York city building code, (part C); chapter 8, containing the New York city mechanical code, (part D); and chapter 9, containing the New York city fuel gas code, (part E). Parts C, D and E are further divided into subparts with each subpart consisting of amendments to a chapter or appendix of the relevant code in separately numbered sections within the subpart.

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[Consolidated provisions are not included in this Appendix A]

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Section 2. Notwithstanding any other law or rule, tables, figures or equations in PDF or other electronic format to be added to the New York city construction codes or amended pursuant to this local law need not be underlined to denote new matter being added. The absence of underlining to denote new matter being added shall not affect the validity of new tables, figures or equations in PDF or other electronic format to be added to the New York city construction codes or amended pursuant to this local law.

Section 3. Section 3 of local law number 41 for the year 2012 is amended to read as follows:

§ 3. This local law shall take effect [on the same date as the effective date of a local law amending the administrative code of the city of New York in relation to bringing the New York city building code up to date with the 2009 edition of the International Building Code published by the International Code Council] on October 1, 2014 except that this local law shall not apply to plumbing work related to applications for construction document approval filed prior to such effective date.

Section 4. Section 3 of local law number 79 for the year 2013 is amended to read as follows:

§ 3. This local law shall take effect [on the same date as a local law of the city of New York for the year 2013 amending the administrative code of the city of New York, the New York city plumbing code, the New York city building code, the New York city mechanical code and the New York city fuel gas code, relating to bringing such codes up to date with the 2009 editions of the international building, mechanical, fuel gas and plumbing codes, as proposed in Intro. 1056, takes effect] on October 1, 2014 except that this local law shall not apply to work related to applications for construction document approval filed prior to such effective date.

Section 5. Section 6 of local law number 108 for the year 2013 is amended to read as follows:

§ 6. This local law shall take effect on [the same date that a local law of the city of New York for the year 2013 amending the administrative code of the city of New York, the New York City plumbing code, the New York city building code, the New York city mechanical code and the New York city fuel gas code, relating to bringing such codes up to date with the 2009 editions of the international building, mechanical, fuel gas and plumbing codes, as proposed in introduction number 1056, takes effect] October 1, 2014 except that this local law shall not apply to work related to applications for construction document approval filed prior to such effective date.

Section 6. Section 4 of local law number 110 for the year 2013 is amended to read as follows:

§ 4. This local law shall take effect [on the same date as a local law of the city of New York for the year 2013 amending the administrative code of the city of New York, the New York city plumbing code, the New York city building code, the New York city mechanical code and the New York city fuel gas code, relating to bringing such codes up to date with the 2009 editions of the international building, mechanical, fuel gas and plumbing codes, as proposed in Intro. 1056, takes effect] on October 1, 2014 except that this local law shall not apply to work related to applications for construction document approval filed prior to such effective date.

Section 7. Section 16 of local law number 100 for the year 2013 is amended to read as follows:

§ 16. This local law shall take effect [on the same date that a local law of the city of New York for the year 2013 amending the administrative code of the city of New York, the New York city plumbing code, the New York city building code, the New York city mechanical code and the New York city fuel gas code, relating to bringing such codes up to date with the 2009 editions of the international building, mechanical, fuel gas and plumbing codes, as proposed in introduction number 1056, takes effect] on October 1, 2014 except that this local law shall not apply to work related to applications for construction document approval filed prior to such effective date.

Section 8. Section 6 of local law number 101 for the year 2013 is amended to read as follows:

§ 6. This local law shall take effect on [the same date as a local law of the city of New York for the year 2013 amending the administrative code of the city of New York, the New York city plumbing code, the New York city building code, the New York city mechanical code and the New York city fuel gas code, relating to bringing such codes up to date with the 2009 editions of the international building, mechanical, fuel gas and plumbing codes, as proposed in Intro. 1056, takes effect] October 1, 2014 except that this local law shall not apply to work related to applications for construction document approval filed prior to such effective date.

Section 9. Section 4 of local law number 130 for the year 2013 is amended to read as follows:

§ 4. This local law shall take effect on [the same date that a local law of the city of New York for the year 2013, amending the administrative code of the city of New York, the New York city plumbing code, the New York city building code, the New York city mechanical code and the New York city fuel gas code, relating to bringing such codes up to date with the 2009 editions of the international building, mechanical, fuel gas and plumbing codes, as proposed in Intro. 1056 takes effect] October 1, 2014 except that this local law shall not apply to work related to applications for construction document approval filed prior to such effective date.

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[Consolidated provisions are not included in this Appendix A]

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Section 14. This local law shall take effect on October 1, 2014 except (i) that this local law shall not apply to construction work related to applications for construction document approval filed prior to such effective date (ii) sections 28-304.6.4, 28-304.6.5 and 28-304.6.6 of the administrative code of the city of New York as amended by section 61 of part A of this local law and sections 2 through 9 of this local law shall take effect immediately and (iii) section 403.5.2 of the New York city building code as added by section 1 of subpart 4 of part C of this local law shall take effect the later of 18 months after the date of enactment of this local law or the date of an amendment of the definition of floor area in the New York city zoning resolution providing for the exclusion of the floor area of the additional exit stairway and additional exit stairway width from the calculation of floor area for purposes of the New York city zoning resolution.The commissioner of buildings may promulgate rules or take other actions for the implementation of this local law prior to such effective date.

L.L. 2013/148

Enactment date: 12/30/2013

Int. No. 1174-A

By Council Members Crowley, Koo, Koppell, Vann, Van Bramer, Jackson, Gennaro and Halloran (by request of the Mayor).

A Local Law to amend the New York city fire code, in relation to the enhancement of emergency preparedness in New York city and the adoption of current fire safety standards as incorporated in the 2009 edition of the international fire code, and to amend certain provisions of the New York city charter, the New York city mechanical code and the New York city plumbing code consistent with amendments to the New York city fire code.

Be it enacted by the Council as follows:

Section 1. Legislative intent. This local law arises from the mandate of section 29-104 of the administrative code, which requires the fire commissioner to review the latest edition of the international fire code and submit to the city council such proposed amendments to the New York city fire code as the fire commissioner determines should be made. Section 29-104 was enacted by local law 26 of 2008, which adopted a new fire code for New York city based on the international fire code, with amendments to reflect the unique New York City environment. This local law amends the New York city fire code to incorporate new fire safety standards and technologies adopted or reflected in the international fire code since the 2003 edition that was the basis for the 2008 New York city fire code. The fire code amendments enacted by this local law also reflect an evolution in thinking about the implementation of emergency preparedness requirements in a wide range of business, commercial and institutional occupancies. New emergency preparedness requirements address non-fire emergencies and coordinate plan, staffing and voice communication capabilities. These amendments will fulfill the goal of local law 26 of keeping the New York city fire code current and relevant to the fire safety challenges facing New York city.

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[Consolidated provisions are not included in this Appendix A]

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§ 7. All actions and proceedings, civil or criminal, commenced prior to the effective date of this local law in accordance with any provision repealed by this local law and pending immediately prior to the taking effect of such repeal may be prosecuted and defended to final effect in the same manner as they might if those provisions had not been repealed.

§ 8. Rules promulgated by the fire commissioner in accordance with the law in effect prior to the effective date of this local law shall remain in effect for the matters covered to the extent that such rules are not inconsistent with the New York city fire code, as added by this local law, unless and until such rules are amended or repealed by the fire commissioner.

§ 9. This local law shall take effect 90 days after the date of enactment, except that the fire commissioner may take prior to such date any administrative actions necessary for the timely implementation of this local law, including but not limited to the promulgation of rules.

L.L. 2013/152

Enactment date: 12/30/2013

Int. No. 1210-A

By Council Members Gennaro, the Speaker (Council Member Quinn), Arroyo, Greenfield, Vacca, Koo, Koppell, Richards and Dromm

A Local Law to amend the administrative code of the city of New York, in relation to the regulation of electronic cigarettes.

Be it enacted by the Council as follows:

Section 1. Legislative findings. Electronic cigarette devices have not been approved by the Food and Drug Administration (FDA) for smoking cessation and are currently unregulated by the FDA. Most devices contain nicotine, a highly addictive substance. Although the long-term effects of electronic cigarette devices require further study, the FDA has found that some devices contain toxins and carcinogens and has expressed concerns about their safety. Use of electronic cigarette devices, particularly in places where smoking is prohibited, may interfere with smokers' attempts to quit by making it easier for them to maintain their nicotine addiction. Children and youth who experiment with electronic cigarettes may become addicted to nicotine and ultimately switch to smoking cigarettes.

The use of electronic cigarette devices may be visually similar to the smoking of cigarettes, and has already been observed in locations where smoking is prohibited, creating concern and confusion that threatens to interfere with enforcement of the Smoke-Free Air Act. The use of electronic cigarette devices in places where smoking is prohibited may increase the social acceptability and appeal of smoking, particularly for youth, potentially undermining the enormous progress that has been made over the years in discouraging smoking.

The Council therefore finds that prohibiting the use of electronic cigarette devices in public places and places of employment will protect the health of the citizens of New York City, facilitate enforcement of the Smoke-Free Air Act, and protect youth from observing behaviors that could encourage them to smoke.

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[Consolidated provisions are not included in this Appendix A]

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§ 14. Before the ninetieth day after this local law shall have become a law, every employer shall make any changes necessary in their written smoking policy to bring them into compliance with the requirements of chapter 5 of title 17 of the administrative code of the city of New York.

§ 15. This local law shall take effect one hundred twenty days after it shall have become a law, except that subdivisions (a) and (b) of section 17-506 of the administrative code of the city of New York, as amended by section six of this local law, shall take effect one hundred eighty days after this local law takes effect, provided however, that the commissioner shall take such actions, including the promulgation of rules, as are necessary for timely implementation of this local law.

L.L. 2013/153

Enactment date: 12/30/2013

Int. No. 1213-A

By Council Members Reyna, Brewer, Chin, Dickens, Eugene, King, Koo, Mendez, Rose, Wills, Gennaro, Vallone, Van Bramer, Greenfield and Jackson

A Local Law to amend the administrative code of the city of New York, in relation to replacing certain fines with opportunities to cure.

Be it enacted by the Council as follows:

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[Consolidated provisions are not included in this Appendix A]

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§ 16. By June 30, 2014, the department of consumer affairs shall promulgate rules establishing opportunities to cure the first violation of the following signage mandates:

   1)   requiring the posting of refund policies;

   2)   requiring the posting of a sign stating that individuals may complain to the department of consumer affairs about a business licensed by such department;

   3)   prohibiting signs stating that a business is not liable for such business's negligence if such a statement is invalid under law;

   4)   requiring that parking lots and garages post a sign stating:

      a)   the business hours of such lot or garage;

      b)   the licensed capacity of such lot or garage;

      c)   such lot or garage is at full capacity for car or bicycle parking; and

      d)   minimum number of bicycle parking spaces;

   5)   requiring that parking lots and garages have separate entrances and exits, with the main entrance and exit clearly designated with illuminated signs marked "entrance" and "exit";

   6)   requiring that all required signage is illuminated, clearly visible, and readable;

   7)   requiring that those lots and garages with waivers under section 20-327.1 of the administrative code post a sign with respect to bike parking;

   8)   requiring that auxiliary signs of parking lots and garages contain equally sized letters and numbers;

   9)   requiring that businesses that accept credit cards post a list of limitations that such business put on credit card usage at or near the entrance of each such business, and in all advertising indicating that credit cards are accepted;

   10)   requiring that electronic or home appliance service dealers include a notice in the department or area where electronic and home appliances are accepted for repair stating that customers are entitled to written estimates for repairs and other customer rights, and that the regulations of the department of consumer affairs relating to television, radio and audio servicing are available for review from the service dealer upon request;

   11)   requiring a tax preparer to display a sign:

      a)   identifying him or herself, including his or her address, telephone number, and qualifications;

      b)   stating that both the preparer and taxpayer must sign every tax return;

      c)   stating how his or her fees are calculated;

      d)   stating that he or she or his or her agency will not represent the taxpayer in an audit, if true; and

      e)   stating that he or she is not licensed by the state board of public accounting or the New York state bar, or both, if true;

   12)   requiring dealers of products for the disabled to post a sign summarizing any provisions of the New York city products for the disabled law;

   13)   requiring any bus to include a posted sign on the windshield and near the entrance door of such bus that designates the departure time and destination of such bus;

   14)   requiring laundries:

      a)   to distinguish in their advertising between services being offered at different prices;

      b)   to post an out-of-order sign on non-functioning machines on such laundry's premises;

      c)   to post a notice that complaints and claims for refunds may be made to a certain person or persons; and

      d)   to post any sign in both english and spanish, if applicable;

   15)   requiring sidewalk cafes to post a sign stating the maximum number of tables and chairs licensed for such sidewalk café, and prohibiting other signage at a sidewalk café except for signage meeting certain specifications;

   16)   requiring motor vehicle rental businesses to post a notice of the department of consumer protection's consumer protection law;

   17)   requiring any labeling declaration to be written in the english language;

   18)   requiring that amusement arcades and gaming cafes post a sign describing age restrictions during certain hours of operation; and

   19)   requiring signage at businesses that sell beverages for off-premises consumption in beverage containers that are covered by title ten or article twenty-seven of the environmental conservation law of the state of New York to be placed within a certain distance of cash registers or to be visible to consumers from any specific vantage point; and

   20)   requiring stores with weighing and measuring devices for customer use to post a sign informing customers that they may reweigh products using such weighing or measuring device or devices.

The rules promulgated pursuant to this section shall include language to the effect that a person shall not be subject to a civil penalty for the first-time violation of any signage mandate described in this section if such person proves to the satisfaction of the department, within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of any signage mandate described in this section. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the department's administrative tribunal, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination.

§ 17. This local law shall take effect one hundred eighty days following the date of its enactment.