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§ 103-10 Periodic Inspection of Gas Piping Systems.
   (a)   Inspection requirements. 
      (1)   In accordance with Article 318 of Title 28 of the Administrative Code, building gas piping systems, except for gas piping systems in buildings classified in occupancy group R-3 in Section 310.1.3 of the Building Code, must be periodically inspected as set forth in this section.
      (2)   This requirement for periodic inspections does not apply to buildings that contain no gas piping system, provided that the owner of such a building submits to the Department, in a form and manner determined by the commissioner, along with a filing fee as specified in the rules of the Department, a certification from a registered design professional or a licensed master plumber or an individual under the direct and continuing supervision of a licensed master plumber, stating that the building contains no gas piping system. The due date for submitting such a certification pursuant to this paragraph shall be as follows:
         (i)   June 30, 2021, as extended by local law 12 for the year 2021, no later than December 31 in calendar year 2024, and every fourth calendar year thereafter, for buildings in community districts 1, 3, and 10 in all boroughs.
         (ii)   June 30, 2022 as extended by local law 137 for the year 2021, and no later than December 31 in calendar year 2025, and every fourth calendar year thereafter, for buildings in community districts 2, 5, 7, 13, and 18 in all boroughs.
         (iii)   December 31, 2022, and no later than December 31 within every fourth calendar year thereafter, for buildings in community districts 4, 6, 8, 9, and 16 in all boroughs.
         (iv)   December 31, 2023, and no later than December 31 within every fourth calendar year thereafter, for buildings in community districts 11, 12, 14, 15, and 17 in all boroughs.
      (3)   A building that contains gas piping but is not currently supplied with gas, that does not contain any appliance connected to any gas piping, and that complies with § 28-318.3.5 of the Administrative Code is not required to undergo a gas piping inspection otherwise required under this section. The due date for submitting the statements required by Section 28-318.3.5 is the same as the due dates set forth in paragraph 2 of this subdivision. Such statements need only be submitted once, provided that there continues to be no gas service. Where the owner seeks to resume gas service, the owner must comply with the provisions of Section 28-318.3.6.
      (4)   Inspections of building gas piping systems required under this section must be conducted at least once every four years and in accordance with the following periodic inspection schedule:
         (i)   Between January 1, 2020 and June 30, 2021 (inclusive), as extended by local law 12 for the year 2021, no later than December 31 in calendar year 2024, and every fourth calendar year thereafter, building gas piping systems shall be inspected in community districts 1, 3, and 10 in all boroughs.
         (ii)   Between January 1, 2021 and June 30, 2022, and in calendar year 2025, and every fourth calendar year thereafter, building gas piping systems shall be inspected in community districts 2, 5, 7, 13, and 18 in all boroughs.
         (iii)   In calendar year 2022, and within every fourth calendar year thereafter, building gas piping systems shall be inspected in community districts 4, 6, 8, 9, and 16 in all boroughs.
         (iv)   In calendar year 2023, and within every fourth calendar year thereafter, building gas piping systems shall be inspected in community districts 11, 12, 14, 15, and 17 and in any community district not specified in this paragraph (3) in all boroughs.
      (5)   The initial inspection for a new building with a gas piping system shall be performed during the tenth year after the Department has issued a certificate of occupancy for such building. Following such initial inspection, a new building's subsequent periodic inspection must be conducted in accordance with the periodic inspection schedule set forth in paragraph (3) of this subdivision. For the purposes of this section, the term "new building" means a building, or any portion thereof, for which the Department has issued a temporary, interim or final certificate of occupancy on or after December 6, 2016.
   (b)   Inspection Entity Qualifications. 
      (1)   Inspections of gas piping systems required pursuant to Article 318 of Title 28 of the Administrative Code and this section must be conducted by a qualified gas piping system inspector on behalf of the building owner.
      (2)   Persons qualified to perform such gas piping system inspections shall be either:
         (i)   Licensed master plumbers; or
         (ii)   Individuals, working under the direct and continuing supervision of a licensed master plumber, with at least five (5) years of full-time experience working under the direct and continuing supervision of a licensed master plumber and who has successfully completed a training program acceptable to the Department. Such training program must be no less than seven (7) classroom hours and must include the following course content:
            (A)   Regulations on piping safety;
            (B)   Properties of natural gas;
            (C)   Combustible gas indicators and leak detection;
            (D)   Atmospheric corrosion inspection;
            (E)   Interior piping leak survey;
            (F)   Hands-on gas indicator instruction;
            (G)   Jurisdictional / non-jurisdictional piping connections;
            (H)   Purging gas piping into/out of service;
            (I)   Recognizing illegal connections and substandard conditions;
            (J)   Reporting and documenting inspections; and
            (K)   Atmospheric corrosion and leak survey inspection procedure.
   (c)   Inspection scope. Inspections of a building's gas piping system pursuant to this section must be completed in accordance with requirements in § 28-318.3.2 of the Administrative Code and any other requirements prescribed by the Department.
   (d)   Report and certification requirements. 
      (1)   The inspection entity that performs an inspection of a building's gas piping system pursuant to this section must submit, in a form and manner determined by the commissioner, an inspection report and a certification of inspection to the building owner no later than thirty (30) days following the date of such inspection.
         (i)   The certification of inspection must be completed by the licensed master plumber who performed or exercised direct and continuing supervision over such inspection, must state that an inspection pursuant to Article 318 of Title 28 of the Administrative Code has been completed for the building, must indicate the date such inspection was performed, and must indicate whether any conditions requiring correction were identified in the inspection report.
         (ii)   The inspection report must be certified by the licensed master plumber who performed or exercised direct and continuing supervision over the inspection and, if applicable, by any individual who performed the inspection under such supervision. Such inspection report shall include, for each gas piping system inspected, the following information:
            (A)   A list of conditions requiring correction, including instances where one or more parts of such system is worn to an extent that the safe and reliable operation of the system may be affected;
            (B)   Gas leaks;
            (C)   Observed non-code compliant installations or illegal connections;
            (D)   Observed conditions described in § 28-318.3.4 of the Administrative Code; and,
            (E)   Any additional information required by the Department.
      (2)   No later than sixty (60) days following a building's inspection date, the building owner must submit to the Department, in a form and manner determined by the commissioner, a certification of inspection as described in paragraph (1) of this subdivision, along with a filing fee as specified in the rules of the Department. Such certification must indicate the date the inspection was performed and whether there are conditions requiring correction. Certifications of inspections submitted more than sixty (60) days after a building's inspection date will not satisfy the requirement of this paragraph. Failure to file a certification of inspection within sixty (60) days of the building's inspection date will require a new inspection.
      (3)   No later than one hundred twenty (120) days following the building's inspection date, the building owner must submit to the Department, in a form and manner determined by the commissioner, along with a filing fee as specified in the rules of the Department, a certification from a licensed master plumber stating that all conditions identified in the inspection report described in paragraph (1) of this subdivision have been corrected. Such certification may indicate that correction of one (1) or more conditions will take additional time. If such certification of inspection pursuant to paragraph (2) of this subdivision indicates that no conditions requiring correction were identified in the inspection report, then no certification pursuant to this paragraph shall be required. Notwithstanding the foregoing provisions of this paragraph, for building gas piping systems in community districts 1, 3 and 10 in each borough that are inspected between September 1, 2020 and December 31, 2020 (inclusive), such building owners may submit such certification and fee to the department on or before June 30, 2021. Notwithstanding the foregoing provisions of this paragraph, for building gas piping systems in community districts 2, 5, 7,13, and 18 in each borough that are inspected between January 1, 2021 and December 31, 2021 (inclusive), and that contain one or more conditions requiring correction, such building owners may submit such certification and fee to the Department on or before June 30, 2022.
      (4)   If additional time to correct the condition(s) was indicated in the certification submitted pursuant to paragraph (3) of this subdivision, the building owner must submit to the Department, no later than one hundred eighty (180) days following the building's inspection date, in a form and manner determined by the commissioner, a certification from a licensed master plumber that all conditions identified in the building's inspection report have been corrected, along with a filing fee as specified in the rules of the Department. Notwithstanding the foregoing provisions of this paragraph, for building gas piping systems in community districts 1, 3 and 10 in each borough that are inspected between September 1, 2020 and December 31, 2020 (inclusive), such building owners may submit such certification and fee to the Department on or before June 30, 2021. Notwithstanding the foregoing provisions of this paragraph, for building gas piping systems in community districts 2, 5, 7, 13, and 18 in each borough that are inspected between January 1, 2021 and December 31, 2021 (inclusive), and that contain one or more conditions requiring correction, such building owners may submit such certification and fee to the Department on or before June 30, 2022.
      (5)   The building owner and inspection entity must keep on file, for ten (10) years following the date of inspection, all reports and certifications required by § 28-318.3.3 of the Administrative Code and make them available to the Department upon request.
      (6)   Owners who are unable to obtain an inspection of a building's gas piping systems pursuant to this section by the date set forth in paragraph (4) of subdivision (a) of this section may receive a 180-day extension of the due date for such inspection and the filing of any certification required to be filed after such inspection, upon notification to the Department in a form and manner determined by the commissioner.
   (e)   Unsafe or hazardous conditions. If an inspection reveals any conditions set forth in § 28-318.3.4 of the Administrative Code, the inspection entity performing such inspection must immediately notify the building owner, the utility providing gas service to such building, and the Department. The building owner must take immediate action to correct such conditions in compliance with the New York City Construction Codes.
   (f)   Civil penalties for failure to file certification. A building owner who fails to submit a certification required to be submitted pursuant to this section on or before the filing due date specified in paragraph (4) of subdivision (a) of this section will be liable for a civil penalty of:
      (1)   One thousand five hundred dollars ($1,500.00) for a 3-family building; or
      (2)   five thousand dollars ($5,000.00) for all other buildings.
   (g)   Challenge of a civil penalty. A building owner may challenge the imposition of any civil penalty authorized to be imposed pursuant to this section by submitting satisfactory proof of a timely and acceptable filing to the Department. Challenges must be made in writing, in a form and manner determined by the Department, within thirty (30) days from the date of violation.
(Added City Record 9/23/2019, eff. 10/23/2019; amended City Record 7/12/2021, eff. 8/11/2021; amended City Record 9/22/2022, eff. 10/22/2022; amended City Record 11/18/2024, eff. 12/18/2024)
§ 103-11 Sprinkler Reports.
   (a)   Sprinkler report required. Owners of buildings required to comply with the provisions of § 27-929.1 of the Administrative Code must file with the department a report prepared by an architect or an engineer, certifying the installation of the required sprinklers as required by subdivision (b) of section 27-228.5.
   (b)   Civil Penalties. 
      (1)   Failure to file. An owner who fails to file an acceptable sprinkler report, indicating that sprinklers were installed as required by subdivision (b) of § 27-228.5 and § 27-929.1 of the Administrative Code, shall be liable for a civil penalty of five thousand dollars ($5,000) per year beginning January 1, 2022 and ending on the filing date of an acceptable report.
      (2)   Late filing. In addition to the penalty for failure to file, an owner who submits a late filing shall be liable for a civil penalty of one thousand dollars ($1,000.00) per month, beginning February 1, 2022 and ending on the filing date of an acceptable report.
      (3)   Challenge of civil penalty. 
         (i)   An owner may challenge the imposition of any civil penalty authorized to be imposed pursuant to this subdivision by providing proof of compliance. Examples of such proof include, but are not limited to, a copy of an acceptable report, or a certificate of occupancy indicating the building does not need to comply with the requirement to install sprinklers in accordance with section 27-929.1.
         (ii)   Challenges must be submitted in writing to the office/unit of the Department that issued the violation within thirty (30) days from the date of service of the violation. The decision to dismiss or uphold the penalty shall be at the sole discretion of the Department.
   (c)   Full or partial penalty waivers; eligibility and evidentiary requirements. Owners may request a full or partial waiver of penalties assessed for violation of subdivision (b) of § 27-228.5 and § 27-929.1 of the Administrative Code. Requests must be made in writing and must meet eligibility and evidentiary requirements as follows:
      (1)   Owner status. 
         (i)   A new owner requesting a waiver due to change in ownership must submit proof of a recorded deed evidencing transfer of ownership to the current owner after penalties were incurred, as well as any other documentation requested by the Department, and only in one of the following circumstances:
            (A)   A new owner of a property previously owned by a government entity requesting a waiver due to change in ownership must submit official documentation from the government entity affirming that the premises was entirely owned by the government entity during the period for which a waiver is requested.
            (B)   A new owner who receives a notice of violation for failure to comply with the requirements of subdivision (b) of § 27-228.5 and § 27-929.1 of the Administrative Code that was issued to the property after the transfer of ownership for a violation that occurred before the transfer must submit a recorded deed showing the date that the property was acquired or transferred. The waiver period shall extend from the date of the deed transfer to the date of the violation issuance.
         (ii)   An owner may be granted a waiver of penalties upon submission of a copy of an order signed by a bankruptcy court judge.
         (iii)   If a state of emergency is declared that prevents an owner from conducting an inspection, filing a report or correcting unsafe conditions, an owner may be granted a waiver of penalties.
      (2)   Building status. An owner requesting a waiver because the building was demolished must submit city or departmental records evidencing the demolition of the building prior to the filing deadline.
(Added City Record 10/15/2021, eff. 11/14/2021)
§ 103-12 Requirements for Filing Applications for an Adjustment of Annual Greenhouse Gas Emission Limits for Not-for-Profit Hospitals and Healthcare Facilities.
   (a)   Purpose and applicability. This section establishes the requirements for filing an application for an adjustment of the Greenhouse Gas (GHG) Emission limits for buildings owned by or leased to not-for-profit hospitals and healthcare facilities pursuant to § 28-320.9 of the Administrative Code.
   (b)   Procedures for filing an application for adjustment under § 28-320.9. Applications for an adjustment must be filed by a registered design professional. Applications must include the following:
      (1)   2018 benchmarking data submitted in accordance with Article 309 of Title 28 of the Administrative Code. Applicants must demonstrate:
         (i)   the actual building emissions for calendar year 2018,
         (ii)   the gross square footage, where the whole building is occupied by a not-for-profit healthcare organization, or the total area occupied exclusively by a not-for-profit healthcare organization, and
         (iii)   the occupancies in the building.
The documentation should confirm the building emissions intensity based on actual emissions for 2018 for the purpose of establishing a new limit if an adjustment is approved. Energy benchmarking data from 2018 may be modified if an applicant can justify the reason for a correction to the energy consumption data, gross floor area, and/or occupancies recorded for the covered building.
      (2)   Documentation of not-for-profit status. Applicants must submit a copy of the New York City Department of Finance Notice of Property Value as documentation of the owner's designation as a not-for-profit organization. For buildings with a not-for-profit healthcare organization as a tenant, partial adjustments may be granted for area occupied exclusively by a not-for-profit healthcare organization for the purposes of healthcare services. An owner must submit a copy of the tenant's 501(c)(3) determination letter from the Internal Revenue Service.
      (3)   Documentation of separate metering for electricity. Owners may seek an adjustment for space leased to a not-for-profit healthcare tenant only if the space leased to the tenant is separately metered or sub-metered for electricity.
      (4)   Documentation of the lessor/lessee agreement. Applicants with a tenant that is a not-for-profit healthcare organization whose space is separately metered or sub-metered must submit documentation of the terms of the lessor/lessee agreement, including the term of the lease and the total area of space leased to the tenant for their exclusive use, in the form of an affidavit, signed by the owner. The current lease or a prior lease for the same space must have been effective for the entirety of calendar year 2018. If the lease is terminated and not renewed at any time between 2024 and 2034, the adjustment will be terminated for that space. The Department may request additional documentation as needed to support the adjustment.
      (5)   Effective period. An adjustment granted pursuant to § 28-320.9 may be effective for the reporting years 2025 through 2034, provided that, when granted to an owner for a not-for-profit tenant, the tenant remains in the building. Owners may be required to provide additional documentation, as requested by the Department, to support the application for adjustment.
   (c)   Fees. Owners seeking an adjustment pursuant to this section must pay a filing fee as provided in 1 RCNY § 101-03.
(Added City Record 3/10/2021, eff. 4/9/2021)
§ 103-13 Periodic Inspection of Parking Structures.
   (a)   Definitions. For the purposes of this section, the following terms have the following meanings.
      Acceptable report. A compliance report filed by a qualified parking structure inspector, as defined in section 101-07 of the rules of the Department, that meets the requirements of Article 323 of Title 28 of the Administrative Code and this rule as determined by the Department.
      Amended report. A compliance report filed by a qualified parking structure inspector (1) certifying that the unsafe conditions identified in the most recent report have been repaired and that no unsafe conditions exist at the parking structure or (2) attesting, within three years of the most recent safe with repair and/or engineering monitoring (SREM) filing, to the current status of the building based on a condition assessment.
      Appurtenance. An element including, but not limited to, rolldown gates, attendant booths, lighting fixtures, gates, staircases, fire protection, column protection, signs, parapets, railings, guard rails, enclosures, antennae, bollards, vehicle barriers, vehicle impact protection, electric vehicle charging stations, and any other equipment attached to the parking structure. Appurtenance does not include mechanical devices for vehicles moving from and to street levels or within the structure such as parking machines, lifts, mechanical stackers, automated parking systems, and elevators in which public occupancy is prohibited.
      Compliance Report. A report prepared by a qualified parking structure inspector summarizing the condition assessment of the subject parking structure and attesting to its accompanying classification.
      Condition assessment. An examination conducted to review a parking structure and all parts thereof, as defined in Article 323 of Title 28 of the Administrative Code, to determine whether the parking structure and all parts thereof are either safe, unsafe, or safe with repairs and/or engineering monitoring and whether, in the judgment of a qualified parking structure inspector, remedial work is required.
      Filed report. A compliance report shall be deemed filed with the Department when it has been received by the Department. The filed report must be completed in accordance with the provisions of paragraph (3) of subdivision (c) of this section.
      Filing window. The two-year period during which a compliance report for a particular parking structure may be filed without penalty.
      Parking structure. A building or portion of a building used for the parking or storage of motor vehicles and an open or enclosed parking garage as defined in the New York City Building Code. A parking structure does not include an autobody repair shop, an automotive showroom, a garage with occupancy of fewer than three cars, unenclosed and unattached lots, an automotive service station, an automotive repair shop, or a private garage as such term is defined in the Building Code.
      Physical Examination. Hands-on engineering inspection of parking structure systems and elements applying various methods of examination other than visual, including, but not limited to, sounding, probing or testing.
      Qualified Parking Structure Inspector (hereinafter "QPSI"). A qualified parking structure inspector as defined in section 101-07 of the rules of the Department.
      Report filing cycle. The six-year time interval established by the Commissioner for the filing of each successive compliance report for every parking structure subject to the requirements of Article 323 of Title 28 of the Administrative Code.
      Safe condition. A condition of a parking structure, any appurtenances thereto or any part thereof not requiring repair or maintenance to sustain the structural integrity of the parking structure and that is to remain safe during the next six years.
      Safe with repairs and/or engineering monitoring (hereinafter "SREM"). A condition of a parking structure, any appurtenances thereto or any part thereof that is safe at the time of inspection but requires repairs or maintenance during the next one to six years in order to prevent its deterioration into an unsafe condition during that six-year period.
      Staggered filing cycle. The separate time intervals for filing compliance reports as determined by borough beginning January 1, 2022 and continuing thereafter for each subsequent report filing cycle.
      Subsequent report. A compliance report that is filed by a QPSI after an acceptable report in order to change the status of the parking structure for that report filing cycle to reflect changed conditions or the recommended time frame for repairs of SREM or unsafe conditions.
      Unsafe condition. A condition of a parking structure, any appurtenances thereto, or any part thereof that is hazardous to persons or property and requires repair within one year of completion of condition assessments. In addition, any condition that was reported as SREM in a previous compliance report and that is not corrected at the time of the current inspection must be reported as an unsafe condition.
   (b)   Responsibilities of qualified parking structure inspectors. 
      (1)   A QPSI must conduct condition assessments and file compliance reports in accordance with this section and Article 323 of Title 28 of the Administrative Code.
      (2)   A QPSI must maintain records of inspections and tests for at least six years and must make such records available to the Department upon request.
      (3)   A QPSI must maintain insurance coverage as set forth in paragraph (7) of subdivision (b) of 1 RCNY § 101-07. Copies of such insurance policies must be made available to the Department upon request.
   (c)   Condition Assessments. 
      (1)   Periodic inspection requirements. In order to maintain a parking structure and its appurtenances in a safe condition, and in accordance with Article 323 of Title 28 of the Administrative Code, a condition assessment of all components of a parking structure must be conducted at periodic intervals specified herein.
         Exceptions: The facade of the structure does not need to be included in the parking structure compliance report if:
            1.   the building is subject to the Facade Inspection Safety Program (FISP) ; or
            2.   the parking structure occupies less than 50% of the total square footage of the building.
      (2)   Inspection procedures. 
         (i)   Before any parking structure is inspected, the QPSI retained by or on behalf of the owner of the building in which the parking structure is located must carefully review the most recent compliance report and any available previous reports, all annual observation checklists, as defined in § 28-323.2 of the Administrative Code, for the prior cycle, any available structural design or repair drawings, violations, and FISP reports where applicable.
         (ii)   A condition assessment of a parking structure and appurtenances thereof pursuant to § 28-323.3 of the Administrative Code must be performed by or under the direct supervision of a QPSI retained by the owner of the building in which the parking structure is located or his or her representative.
         (iii)   The QPSI must design a condition assessment program for the specific structure to be inspected, which must include, but not be limited to, inspection methods to be employed in the assessment. The program must be based on the considerations of the type of construction of the parking structure, age of the material components, the parking structure's specific exposure to environmental conditions and the presence of specific details and appurtenances. Consideration must be given to the structure's history of maintenance and repairs. Professional Engineers, individuals with a bachelor's degree in engineering and three years of relevant experience, or individuals with five years of relevant building experience, working under the QPSI's direct supervision, may be delegated to perform selected inspection tasks other than the final inspection.
         (iv)   The methods used to evaluate the parking structure in question must permit a complete physical examination of the structure, including, but not limited to, sounding, load tests, optical survey, non-invasive scanning, and cores. The QPSI must identify the most deleterious locations and perform physical examinations at those locations. Physical examinations as described in this rule must be performed on a minimum of 10% of each structural element including, but not limited to, beams, columns, and slabs.
         (v)   The known history of the parking structure, the nature of the materials used, and the conditions observed will dictate the extent of the condition assessment. The QPSI must apply a professional standard of care to assess the structure's condition and the individual building systems that comprise the structure including, but not limited to, the building's structural components, waterproofing systems, fire proofing and fire stopping systems, and wearing surfaces. When the QPSI finds any deficiencies, he/she must ascertain the cause of these and any other possible building defects detected. The QPSI must order any special or additional inspections, probes, and/or tests, including sounding procedures, that may be required to support the condition assessment and to determine the causes of any defects.
         (vi)   The QPSI must develop a unique annual observation checklist, as defined in § 28-323.2 of the Administrative Code, during each condition assessment.
         (vii)   Photographs must be taken, sketches made and/or any other methods of documentation utilized to properly document the location of all conditions observed during the course of the condition assessment, that are either unsafe or SREM.
         (viii)   Upon discovery of any unsafe condition, the QPSI must immediately notify the Department and the owner of the building in which the parking structure is located. The QPSI must identify the location of any unsafe condition, advise the owner on the appropriate protective measures to be taken, and include the recommended type and location of public protection in the notification to the Department.
         (ix)   Completion of a condition assessment means that the QPSI has conducted a final inspection to determine that the parking structure conditions as described in the compliance report are consistent with the actual conditions. Such final inspection must, at a minimum, include an actual visual assessment and a complete walkthrough of each level dedicated to parking with inspectorial equipment. A drive-by inspection is not acceptable.
      (3)   Report requirements. 
         (i)   The QPSI must file with the Department a written compliance report describing the result of the condition assessment, clearly documenting all conditions noted during the inspection, including the physical examination, and stating that the inspection was performed and completed in accordance with Article 323 of Title 28 of the Administrative Code and this rule. The QPSI must also submit a copy of the report to the owner of the building in which the parking structure is located.
         (ii)   Technical information in the report must adhere to and follow the sequence and the labeling of the report requirements as listed in subparagraph (iii) of this paragraph and must be provided on such forms and in such format as the Department requires. Additional information may be provided. If a requirement is not applicable, this must be indicated on the report.
         (iii)   The report must include an executive overview that consists of a summary of findings and recommendations, a concise statement of the scope of the inspection and findings, the conclusions and recommendations and a determination as to whether the parking structure is categorized as "safe," "SREM," or "unsafe." The report must also include, but not be limited to:
            (A)   The address, any a.k.a. addresses, Block and Lot number, the Building Identification Number ("BIN"), the landmark status of the building in which the parking structure is located, and the location from the nearest cross street;
            (B)   The name, mailing address and telephone number of the owner of the building in which the parking structure is located, or, if the owner is not an individual, the name, mailing address, telephone number, position/title of a principal of the owner;
            (C)   A description of the building, including the total number of stories, the number of stories and/or locations occupied by the parking structure, plan dimensions, Certificate of Occupancy number if available, usage, and age and type of construction, specifying all materials present in the parking structure;
            (D)   A description of the all components of the parking structure's gravity and lateral load carrying systems specific to the area being used as a parking structure or the entirety of the building if its sole use is as a parking structure. Where applicable, areas to be included are:
               1.   Ramps and other spaces used to access parking areas;
               2.   In the case of a parking structure located at a floor or floors above floors of other occupancies, the slab and columns immediately below the lowest level of the parking structure;
               3.   In the case of a parking structure located at a floor or floors below floors of other occupancies, the slab and beams/joists forming the ceiling of the topmost level of the parking structure;
               4.   Any area outside of that described in 1, 2 and 3 that may exhibit deterioration extending from or caused by the structure comprising the parking area.
            (E)   A detailed description of any distress, settlements, repairs, or revisions to the structure since the previous compliance report, including, but not limited to, deteriorated framing members, deteriorated joint material, displacement, cracking, spalling of parking structure components, or other defects or changes;
            (F)   A detailed description of the procedures used in making the condition assessment;
            (G)   The following information:
               1.   The extent and location of all physical examinations performed;
               2.   The names, addresses, telephone numbers, and license or registration numbers for contractors and consultants involved in the condition assessment;
               3.   A location diagram of a discernable scale and with a north arrow, indicating the main entrance, locations of other entrances, and nearest cross street and locations and dates of physical examinations; and
               4.   Dates of the start and completion of the condition assessment.
            (H)   A description, classification, and mapping of each significant condition observed including deterioration and any movement detected and the apparent integrity of the joints and wearing surfaces. The description must also include a list of all appurtenances and their condition. Each condition must be classified as safe, unsafe or SREM. If the parking structure is classified as unsafe or SREM, the compliance report must include the locations and descriptions of all unsafe or SREM conditions. If unsafe conditions are noted, the report must recommend the type and location of public protection or clearly delineate the extent of areas that have been cordoned off and the methods used. Photographs must be labelled and the report must include key plans and locator drawings documenting these conditions. Guards and railings must be inspected to ensure that their components (balusters, intermediate railings and panel fillers) are positively secured against movement (e.g. by welds, bolts or screws). If any guard or railing is found not to be positively secured, the condition is classified as unsafe and must be made safe pursuant to the requirements of paragraph (5) of subdivision (c) of this section;
            (I)   An analysis of the causes of the conditions reported as unsafe or SREM;
            (J)   A detailed status report of maintenance work performed up to the date of submission of the report and the maintenance plan implemented for the parking structure;
            (K)   A blank annual observation checklist as described in § 28-323.2 of the Administrative Code prepared by the QPSI specifically for the parking structure in question
            (L)   here a parking structure is categorized with a final rating SREM:
               1.   A plan detailing the proposed monitoring program;
               2.   The name of the engineer performing the monitoring;
               3.   A stability analysis of the parking structure that reports the required structural loading conditions and the calculated load carrying capacity of typical and worst case structural framing members which shows that the structure is stable under current and expected loading conditions; and
               4.   It is to be explicitly stated if only repairs are required with no monitoring.
            (M)   A comparison of currently observed conditions with conditions observed during the previous report filing cycle condition assessments, including the status of the repairs or maintenance performed with respect to the prior conditions. The following must be included and discussed:
               1.   Work permit numbers relating to parking structure repairs;
               2.   Job numbers, status and sign-off dates for any parking structure repair related jobs, where applicable; and
               3.   Violation numbers of any open Environmental Control Board ("ECB") violations and the status of the repairs of the conditions cited in the ECB violations that are directly associated with the parking structure;
            (N)   Recommendations for repairs or maintenance of SREM and unsafe conditions, including:
               1.   If a parking structure is categorized as SREM:
                  A.   The recommended time frame for such repairs or maintenance to be performed, which must indicate the date by which the work must be performed (MM/DD/YYYY) to prevent the conditions from becoming unsafe and not the date on which work is planned or scheduled;
                  B.   Time frames of less than one year, "ASAP," or "immediately," shall not be accepted.
               2.   If a parking structure is categorized as unsafe:
                  A.   The QPSI must provide a recommended time frame for repairs to be performed to bring the parking structure to SREM or safe status, and must indicate the date by which the work will be completed (MM/DD/YYYY);
                  B.   Time frames of more than six years will not be accepted.
            (O)   A list and description of the work permits required to accomplish the necessary work. If no work permits will be required, the reason must be indicated;
            (P)   All photographs must be color, clearly legible, dated, and high resolution. Digital photos must be a minimum of 800 x 600 pixels. Photographs must be arranged into PDF uploads of no larger than 11" x 17". The following photos must be submitted:
               1.   Elevation photos. Color photographs of all entrances, the primary address and at least one view of each entire street front elevation.
               2.   Representative photos of each parking level showing general conditions.
               3.   Detailed condition photos. Color photographs of specific conditions must be clearly labeled and indicate the status designation. Detailed conditions must be located on the mapping of the parking structure required by item H of this subparagraph (iii).
                  A.   All SREM and unsafe conditions must be catalogued.
                  B.   If parking structure status is safe, submit a minimum of one representative photograph for each structural element and appurtenance.
            (Q)   The classification of the parking structure for the current report filing cycle, as determined by the following guidelines:
               1.   If there are no unsafe conditions and no conditions that are SREM, then the parking structure shall be classified as safe;
               2.   If there is at least one unsafe condition, then the parking structure must be classified as unsafe.
               3.   If there is at least one condition that is SREM and there are no unsafe conditions, then the parking structure shall be classified as SREM. A compliance report may not be filed describing the same condition at the same location as SREM for two consecutive report filing cycles. The QPSI must certify that all of the conditions identified in the previous report as requiring repair have been corrected or the parking structure shall be classified as unsafe;
            (R)   The seal and signature of the QPSI under whose direct supervision the condition assessment was performed.
      (4)   Report filing requirements. 
         (i)   The requirements of this rule apply to all parking structures. The Commissioner shall determine which additional buildings and/or parts thereof are required to file in accordance with this rule.
         (ii)   Owners of buildings in which parking structures are located are required to file a compliance report at least once during each six-year report filing cycle established by the Department.
         (iii)   An acceptable report must be filed within the applicable two-year filing window to avoid a late filing penalty.
         (iv)   The report must be submitted to the Department along with a filing fee as specified in the rules of the Department.
         (v)   Staggered filing cycle: Beginning January 1, 2022 an acceptable report for each parking structure to which this rule applies is due in accordance with the following filing windows:
            (A)   For parking structures located within the Borough of Manhattan Community Districts 1 through 7 an acceptable report must be filed within the two-year filing window starting January 1, 2022, and every sixth year thereafter.
            (B)   For parking structures located within all Community Districts in the Borough of Manhattan not listed in (A), above, and all Community Districts in the Borough of Brooklyn, an acceptable report must be filed within the two-year filing window starting January 1, 2024, and every sixth year thereafter.
            (C)   For parking structures located within all Community Districts in the Boroughs of Queens, the Bronx and Staten Island an acceptable report must be filed within the two-year filing window starting January 1, 2026, and every sixth year thereafter.
            Exceptions: 
               1.   Starting in Cycle 2, owners whose buildings have their most recent status as "No Report Filed" may file a report prior to the start of their designated filing window provided that all applicable civil penalties set out in subdivision (e) of this section are paid at the time of filing.
               2.   If the building in which the parking structure is located is included in the FISP, the owner may choose to change the assigned filing window of the parking structure compliance report to a parking structure filing window that corresponds with the next FISP filing window so that both reports may be filed at the same time. This shall be the reassigned parking structure filing window. The owner must inform the Department 180 days prior to the end of the assigned parking structure filing window if this option is chosen. If an owner chooses this option, the owner must continue to file under the reassigned parking structure filing window.
         (vi)   Initial compliance reports for new buildings in which parking structures that must comply with this rule are located must be filed as follows:
            (A)   The report must be filed six years from the date the first Temporary Certificate of Occupancy, Interim Certificate of Occupancy or Certificate of Occupancy was issued, if that date falls within the applicable filing window as provided in subparagraph (v) of this paragraph; or
            (B)   If six years from the date the first Temporary Certificate of Occupancy, Interim Certificate of Occupancy or Certificate of Occupancy was issued falls outside the applicable filing window as provided in subparagraph (v) of this paragraph, then the initial report must be filed within the applicable two-year filing window for the next six-year cycle.
         (vii)   A report must be filed within 60 days of the date on which the QPSI completed the condition assessment (final inspection date), as described in subparagraph (ix) of paragraph (2) of subdivision (c) of this section. Failure to file a report within 60 days of the completed condition assessment requires a new condition assessment.
         (viii)   If the report is not acceptable and is rejected by the Department, a revised report must be filed within 45 days of the date of the Department's rejection, after which the original file date will no longer be valid.
         (ix)   If the report is not acceptable after two rejections, a new initial filing fee as specified in the rules of the Department is required.
         (x)   Failure to submit a revised report addressing the Department's objections within one year of the initial filing requires a new condition assessment, including a new physical examination.
         (xi)   A subsequent report indicating revised conditions may be filed within the six-year report filing cycle to change a parking structure's filing status or the recommended time frame for repairs of SREM or unsafe conditions for that cycle.
      (5)   Unsafe conditions. 
         (i)   Upon filing a report of an unsafe condition with the Department, the owner of the building in which the parking structure is located, his or her agent, or the person in charge of the building in which the parking structure is located must immediately commence such repairs or reinforcements and any other appropriate measures such as cordoning off areas that may be dangerous, erecting fences, sidewalk sheds and safety netting as may be required to secure the safety of the public and to make the building's structure and appurtenances conform to the provisions of the Administrative Code.
         (ii)   All unsafe conditions must be corrected within 90 days from the submission of the compliance report.
         (iii)   If, due to the scope of the repairs, the unsafe conditions cannot be corrected within the required 90 days, the QPSI must recommend a timeframe for repairs as noted in item (N) of subparagraph (iii) of paragraph (3) of subdivision (c). The owner of the building in which the parking structure is located is responsible for ensuring that the conditions described in the compliance report as unsafe are corrected and all actions recommended by the QPSI are completed within this timeframe. The owner must notify the Department of any deviation from the timeframe to make corrections as specified in the QPSI's report. The subsequent report must include supporting documents from the QPSI justifying the request for a new time frame.
         (iv)   Within two weeks after repairs to correct the unsafe condition have been completed, the QPSI must inspect the premises. The QPSI must promptly file with the Department a detailed amended report stating the revised report status of the parking structure, along with a filing fee as specified in the rules of the Department and the owner must obtain permit sign-offs as appropriate. If the report is not acceptable and is rejected by the Department, a revised report must be filed within 45 days of the date of the Department's rejection after which the original filing date will no longer be valid. If the report is not acceptable after two rejections, a new amended filing fee as specified in the rules of the Department is required. Protective measures must remain in place until an amended report is accepted; however, the QPSI may request permission for the removal of the protective measures, shoring or any other public safety measures upon submission of a signed and sealed statement certifying that an inspection was conducted, the conditions were corrected, and the protective measures are no longer required.
         (v)   The Commissioner may grant extensions of up to 90 days to complete the repairs required to correct an unsafe condition upon receipt and review of an extension application submitted by the QPSI, together with:
            (A)   Notice that the premises have been secured for public safety by means of a fence or other appropriate measures as may be required;
            (B)   A copy of the contract indicating scope of work to correct unsafe conditions;
            (C)   The QPSI's estimate of length of time required for repairs;
            (D)   A statement of all applicable permit requirements;
            (E)   A fee as specified in the rules of the Department;
            (F)   An unforeseen delay or circumstance (e.g., weather, labor strike, fire) affecting the substantially completed work; and
            (G)   Progress photos showing current repairs.
         Note: Financial considerations shall not be accepted as a reason for granting an extension.
      (6)   Conditions that are safe with repairs and/or engineering monitoring (SREM). 
         (i)   The owner of the building in which the parking structure is located is responsible for ensuring that the conditions described in the compliance report as SREM are corrected and all actions recommended by the QPSI are completed within the time frame recommended by the QPSI and are not left to deteriorate into unsafe conditions. It is the owner's responsibility to notify the Department of any deviation from the timeframe to make corrections as specified in the QPSI's report. The subsequent report must include supporting documents from the QPSI justifying the request for a new time frame.
         (ii)   A condition assessment is required within three years of the initial filing date and an amended report detailing the results of that assessment must be filed with the Department in accordance with § 28-323.9.1 of the Administrative Code within 60 days of the final inspection date. The amended report must include, but not be limited to:
            (A)   The scope of the monitoring campaign, if applicable, including but not limited to the name of the engineer performing the monitoring, the type and frequency of monitoring, and all findings;
            (B)   The status of the conditions identified in the most recent compliance report classifying the building as SREM, including any maintenance and repairs undertaken; and
            (C)   A description and classification of any new conditions identified and how they have been or will be addressed, including any repairs or maintenance.
            Exception: If the SREM compliance report is filed less than 1 year from the start of the next cycle filing window, a condition assessment is not required and an amended report does not need to be filed with the Department.
         (iii)   A report may not be filed describing the same condition and pertaining to the same location on the parking structure as SREM for two consecutive report filing cycles.
         (iv)   The QPSI must certify the correction of each condition reported as requiring repair in the previous report filing cycle, report conditions that were reported as SREM in the previous report filing cycle as unsafe if not corrected at the time of the current inspection, or report corrections that were made in the previous cycle as unsafe if they need further or repeated repair at the time of the current cycle.
   (d)   Annual observation. A building owner is responsible to have an annual observation performed in accordance with the provisions of § 28-323.4 of the Administrative Code. Such annual observation must be based on the checklist included in the most recent compliance report accepted by the Department and as described in § 28-323.2 of the Administrative Code.
      (1)   This checklist is to be completed annually by a QPSI on behalf of the owner each year after submission of the current cycle's report has been accepted and until the next cycle's report has been accepted.
      (2)   The completed checklists must be kept on site and be made available to the Department and the QPSI upon request.
      (3)   The person performing the annual observation shall notify the owner and the Department immediately upon discovering any conditions that may be hazardous to the public.
   (e)   Civil Penalties. 
      (1)   Late filing. An owner who submits a late filing shall be liable for a civil penalty of one thousand dollars ($1,000) per month, commencing on the day following the filing deadline of the applicable filing window period and ending on the filing date of an acceptable initial compliance report.
      (2)   Failure to file. In addition to the late filing penalty, an owner who fails to file the required acceptable compliance report shall be liable for a civil penalty of five thousand dollars ($5,000) per year beginning one year after the end of the applicable filing window.
      (3)   Failure to correct unsafe conditions. In addition to the penalties provided in this section, an owner who fails to correct an unsafe condition within 90 days shall be liable for a civil penalty of one thousand dollars ($1,000) per month until the unsafe condition is corrected, unless the Commissioner grants an extension of time to complete repairs pursuant to this section. This penalty shall be imposed until receipt of an acceptable amended compliance report by the Department indicating the unsafe conditions were corrected, or an extension of time is granted by the Commissioner.
      (4)   Failure to correct SREM conditions. An owner who fails to correct a SREM condition reported as requiring repair in the previous report filing cycle and subsequently files the condition as unsafe shall be liable for a one-time civil penalty of two thousand dollars ($2,000).
      (5)   Challenge of civil penalty. 
         (i)   An owner may challenge the imposition of any civil penalty authorized to be imposed pursuant to this subdivision by providing proof of compliance. Such proof must include, but not be limited to, a copy of an acceptable initial compliance report, a copy of the acceptable amended report, copies of approved extension of time requests while work was/is in progress or written proof from a QPSI that the unsafe conditions observed at the parking structure were corrected and the violation was dismissed.
         (ii)   Challenges must be made in writing within 30 days from the date of service of the violation by the Department and sent to the office/unit of the Department that issued the violation. The decision to dismiss or uphold the penalty shall be at the sole discretion of the Department.
   (f)   Full or partial penalty waivers; eligibility and evidentiary requirements. Owners may request a full or partial waiver of penalties assessed for violation of Article 323 of Title 28 of the Administrative Code, and/or rules enforced by the Department. Requests must be made in writing and must meet eligibility and evidentiary requirements as follows:
      (1)   Owner status. 
         (i)   A new owner requesting a waiver due to change in ownership must submit proof of a recorded deed evidencing transfer of ownership to the current owner after penalties were incurred, as well as any other documentation requested by the Department, and only in one of the following circumstances:
            (A)   A new owner of a property previously owned by a government entity requesting a waiver due to change in ownership must submit official documentation from the government entity affirming that the premises was entirely owned by the government entity during the period for which a waiver is requested.
            (B)   A new owner who receives a notice of violation for failure to comply with the requirements of this section or Article 323 of Title 28 of the Administrative Code that was issued to the property after the transfer of ownership must submit a recorded deed showing the date that the property was acquired or transferred. The waiver period shall be from the date of the deed to the date of the violation issuance.
         (ii)   An owner may be granted a waiver of penalties upon submission of a copy of an order signed by a bankruptcy court judge.
         (iii)   If a state of emergency is declared that prevents an owner from conducting an inspection, filing a report or correcting unsafe conditions, an owner may be granted a waiver of penalties.
      (2)   Building status. An owner requesting a waiver because the parking structure was demolished must submit city or departmental records evidencing the demolition of the parking structure prior to the filing deadline.
(Added City Record 5/23/2022, eff. 6/22/2022; amended City Record 10/24/2023, eff. 11/23/2023) [
§ 103-14 Requirements for Reporting Annual Greenhouse Gas (GHG) Emissions for Covered Buildings.
   (a)   Definitions. Terms defined in Article 320 of Chapter 3 of Title 28 of the Administrative Code have the same meanings in this section. For the purposes of this section, the following terms have the following meanings:
      Beneficial electrification. “Beneficial electrification” means the installation and use of energy efficient electric-based heating, cooling and domestic hot water systems to displace the use of fossil fuel sources (e.g., fuel oil, natural gas, district steam) and/or less efficient electric-based heating systems. Qualifying equipment shall have a minimum efficiency as determined based on the reference test procedure associated with the equipment as follows:  
 
Equipment Type
Minimum Efficiency
Test Procedure
Service hot water heat pumps with max current 24A at 250 V
NA
10 C.F.R. Part 430, Subpart B, Appendix E; or other test procedure approved by the Department.
Service hot water heat pumps with
Input capacity > 12kW and
50kW
NA
AHRI 1300-2013; or ASHRAE 118.1-2012; or 10 C.F.R. Part 431.106, Subpart G, Appendix E; or other test procedure approved by the Department.
Unitary heat pump equipment – air source only
> 1.5 COP @ 5°F outdoor dry bulb
(maximum heating capacity)
AHRI 210/240-2023, or AHRI 340/360-2022, as applicable
Variable refrigerant flow (VRF) multi-split heat pump – air source only
AHRI 1230-2021
Packaged terminal heat pumps
AHRI 310/380-2017
Packaged terminal heat pumps
AHRI 310/380-2017, or AHRI 390-2021, as applicable
 
Note: Equipment and systems not listed in the table that otherwise meet the definition of beneficial electrification shall have a coefficient of performance (COP) for the system equivalent to greater than 1.5 when the outdoor dry bulb temperature is 5°F or lower, where the COP of the system is calculated based on the energy required for all parts of the system to deliver the peak capacity.
      Campus energy resource. A campus energy resource is any form of energy that is generated by a central plant energy system and distributed to multiple buildings in a campus setting. A campus energy resource may include but is not limited to electricity, chilled water, condenser water, steam, high temperature hot water, medium temperature hot water, and low temperature hot water.
      Critical facility. A critical facility means a facility the operation of which is critical to human life or safety, such as a hospital, dialysis clinic, or a facility that manufactures vaccines.  
      Emissions factor. An emissions factor is the building emissions intensity limit for an occupancy group or property type as determined in accordance with § 28-320.3 of the Administrative Code.
      Energy audit. An energy audit is a systematic process of identifying and developing modifications and improvements of the base building systems, including but not limited to alterations of such systems and the installation of new equipment, insulation, or other generally recognized energy efficiency technologies to optimize energy performance of the building and achieve energy savings.  
         For buildings 50,000 square feet and greater, such process shall not be less stringent than the Level 2 energy audit in accordance with ANSI/ASHRAE/ACCA Standard 211-2018 – Standard for Commercial Building Energy Audits.  
         For buildings below 50,000 square feet, such process shall not be less stringent than the Level 1 energy audit in accordance with ANSI/ASHRAE/ACCA Standard 211-2018 – Standard for Commercial Building Energy Audits.  
      Energy service. Energy service is the delivery of energy from the energy supply or energy distribution system to or throughout a building, including any equipment used for such delivery. Two or more buildings may share energy service. Two or more buildings share energy service if such buildings share a meter or other point of connection to the energy supply or energy distribution system.
      Gross floor area. Gross floor area is the total area in square feet of all floors and spaces in a covered building, as measured between the exterior surfaces of the enclosing fixed walls. Gross floor area includes vent shafts, elevator shafts, flues, pipe shafts, vertical ducts, stairwells, light wells, basement space, cellar space, mechanical / electrical rooms, and interior parking. Gross floor area does not include unroofed courtyards or unroofed light wells. For atria, gross floor area only includes the area of atrium floors. For the purposes of calculating gross floor area in tenant spaces, interior demising walls should be measured to the centerline of the wall.  
      Location based marginal price. A location based marginal price (LBMP) is the value, expressed in dollars per megawatt hour (MWh), of a particular type of fuel for a particular hour on the day preceding the day of use, as published by the New York Independent System Operator (NYISO) for Zone J.
      Marginal fuel. The marginal fuel is natural gas or fuel oil, whichever has the lower marginal fuel spot price on a particular day and time.
      Marginal fuel spot price. The marginal fuel spot price on a given day and time is the price of natural gas or fuel oil, expressed in dollars per Million British thermal units (MMBtu), for the day preceding the day of use, as determined as follows utilizing spot prices published by the United States Energy Information Administration:
 
Marginal Fuel Spot Price for Natural Gas
Calendar Day
Mon*
Tue*
Wed*
Thu*
Fri*
Sat
Sun
Marginal Fuel Spot Price publication date for calendar day hours before 10 a.m. EST
Fri Spot Price
Fri Spot Price
Mon Spot Price
Tues Spot Price
Wed Spot Price
Thu Spot Price
Fri Spot Price
Marginal Fuel Spot Price publication date for hours beginning at 10 a.m. EST or after
Fri Spot Price
Mon Spot Price
Tue Spot Price
Wed Spot Price
Thu Spot Price
Fri Spot Price
Fri Spot Price
Marginal Fuel Spot Price publication date
Fri Spot Price
Mon Spot Price
Tue Spot Price
Wed Spot Price
Thu Spot Price
Fri Spot Price
Fri Spot Price
 
*For calendar days following a holiday, the marginal fuel spot price shall be determined utilizing the most recently published spot price.
      Plant input energy. Plant input energy is energy, such as electricity, fossil fuel, district steam, hot water, and chilled water, that is purchased from a public utility or commercial energy provider and is used to generate energy in a central plant in a campus-style energy system.
      Qualified energy auditor. The term qualified energy auditor means a person who holds one of the following credentials in good standing:  
         (i)   Certified Energy Manager (CEM), certified by the Association of Energy Engineers (AEE);  
         (ii)   Certified Energy Auditor (CEA), certified by AEE;  
         (iii)   Certified Measurement and Verification Professional (CMVP), certified by AEE;  
         (iv)   High Performance Building Design Professional (HBDP), certified by ASHRAE;  
         (v)   Building Energy Assessment Professional (BEAP), certified by ASHRAE;  
         (vi)   Multifamily Building Analyst (MFBA), certified by the Building Performance Institute (BPI), for portions of a covered building that are classified by the US EPA’s Energy Star Portfolio Manager as a multifamily property type; or  
         (vii)   Registered Design Professional (RDP).  
      Variable operating and maintenance cost. The variable operating and maintenance cost (VOM) is the total cost incurred by operating a generator, excluding fuel costs. For reporting purposes, VOM shall be $3.00 per megawatt hour (MWh).
   (b)   Reporting. By May 1, 2025, a building emissions report for calendar year 2024, and by May 1 of every year thereafter, except as provided in paragraph 8 of this subdivision, a building emissions report for the previous calendar year is required to be submitted to the Department by the owner of a covered building and must be submitted in accordance with the requirements of this section.  
      (1)   Reporting tool. Energy use and emissions information for a covered building must be submitted in a form and manner as determined by the Department. Owners must maintain all documentation and information used in preparing the building emissions report for a minimum of six (6) years. Such documentation and information shall be submitted to the Department upon request.
      (2)   Condominium buildings. Building emissions for a covered building held in the condominium form of ownership must be submitted in a single report that includes the emissions for all condominium units in such building. Such report shall be submitted to the Department by the board of managers of such covered building.
      (3)   Multiple buildings that do not share energy service. Where two or more covered buildings (i) are on the same tax lot, and (ii) do not share energy service, the owner must submit individual and separate building emissions calculations for each covered building on the tax lot.
      (4)   Multiple buildings that share energy service. For building emissions reports for calendar years 2024 - 2029, emissions for two or more covered buildings, regardless of whether such buildings are on the same tax lot, may be included in an aggregated building emissions calculation in a single building emissions report, provided all such covered buildings share energy service.
      (5)   New buildings. An owner of a new covered building for which a Certificate of Occupancy or a Temporary Certificate of Occupancy is issued on or after January 1, 2023, must begin reporting for such building for the first full calendar year following the year that such Certificate of Occupancy or Temporary Certificate of Occupancy is issued.
      (6)   Buildings with change in ownership. Notwithstanding any other provision of this section, for any covered building for which title is transferred to a new owner during a calendar year, such new owner is not required to submit a building emissions report for such building for such calendar year, provided the new owner is a subsequent bona fide purchaser of the covered building pursuant to Department rules.
      (7)   Full demolition of a covered building. An owner of a covered building for which a full demolition permit has been issued is not required to submit a building emissions report for the calendar year during which demolition work has commenced, provided that, no later than May 1 of the following year, the owner submits a written certification by a registered design professional that one or more energy-related systems within such building have been compromised and legal occupancy is not possible prior to January 1 of such following year.
      (8)   Extension for certain income-restricted housing and other covered buildings. The reporting requirement described in the opening paragraph of subdivision b of this section is modified for certain covered buildings as follows:  
         (i)   For a covered building that has at least 1 but fewer than 35% of dwelling units required by law or by an agreement with a governmental entity to be regulated in accordance with the emergency tenant protection act of 1974, the rent stabilization law of 1969, or the local emergency housing rent control act of 1962, as set forth in § 28-320.3.10.1 of the Administrative Code, the initial report must be submitted by May 1, 2027;  
         (ii)   For a covered building that is owned by a limited-profit housing company organized under article 2 of the private housing finance law, as set forth in § 28-320.3.9 of the Administrative Code, the initial report must be submitted by May 1, 2036;  
         (iii)   For a covered building that has at least 1 dwelling unit for which occupancy or initial occupancy is restricted based upon the income of the occupant or prospective occupant thereof as a condition of a loan, grant, tax exemption, tax abatement, or conveyance of property from any state or local governmental agency or instrumentality pursuant to the private housing finance law, the general municipal law, or section 420-c of the real property tax law, as set forth in § 28-320.3.9 of the Administrative Code, the initial report must be submitted by May 1, 2036.  
   (c)   Occupancy groups and emissions factors. For purposes of reporting annual greenhouse gas emissions pursuant to subdivision (b) of this section, occupancy groups and emissions factors are to be identified in accordance with the provisions of this subdivision.
      (1)   For each covered building, the owner must submit the following information:
         (i)   Each occupancy group or property type within the building during the calendar year for which building emissions are reported; and
         (ii)   The total floor area of each such occupancy group or property type in such building.
      (2)   The occupancy group for each space in a covered building must be determined according to the Energy Star Portfolio Manager (ESPM) property type as set out in this rule, or any successor ESPM name for such property type, that most accurately describes the use of such space during the year for which building emissions are reported, provided that the ESPM property types “Other” and “Mixed Use” may not be assigned to any portion of a covered building. Such determination must be made by the registered design professional preparing the building emissions report.
      (3)   Annual emission factors. For purposes of reporting annual greenhouse gas emissions pursuant to this section, emissions factors shall be determined in accordance with this paragraph.
         (i)   Except as provided in subparagraph (ii) of this paragraph, for the purposes of reporting for calendar years 2024 – 2029, the following emissions factors apply to the following Energy Star Portfolio Manager (ESPM) property types:
ESPM Property Type
2024 – 2029 Emissions Factor in tCO2e per sf
ESPM Property Type
2024 – 2029 Emissions Factor in tCO2e per sf
Adult Education
0.00758
Ambulatory Surgical Center
0.01181
Automobile Dealership
0.00675
Bank Branch
0.00987
Bowling Alley
0.00574
College / University
0.00987
Convenience Store without Gas Station
0.00675
Courthouse
0.00426
Data Center
0.02381
Distribution Center
0.00574
Enclosed Mall
0.01074
Financial Office
0.00846
Fitness Center / Health Club / Gym
0.00987
Food Sales
0.01181
Food Service
0.01181
Hospital (General Medical & Surgical)
0.02381
Hotel
0.00987
K-12 School
0.00675
Laboratory
0.02381
Library
0.00675
Lifestyle Center
0.00846
Mailing Center / Post Office
0.00426
Manufacturing / Industrial Plant
0.00758
Medical Office
0.01074
Movie Theater
0.01181
Multifamily Housing
0.00675
Museum
0.01181
Non-Refrigerated Warehouse
0.00426
Office
0.00758
Other - Education
0.00846
Other - Entertainment / Public Assembly
0.00987
Other - Lodging / Residential
0.00758
Other - Mall
0.01074
Other - Public Services
0.00758
Other - Recreation
0.00987
Other - Restaurant / Bar
0.02381
Other - Services
0.01074
Other - Specialty Hospital
0.02381
Other - Technology / Science
0.02381
Outpatient Rehabilitation / Physical Therapy
0.01181
Parking
0.00426
Performing Arts
0.00846
Personal Services (Health / Beauty, Dry Cleaning, etc.)
0.00574
Pre-school / Daycare
0.00675
Refrigerated Warehouse
0.00987
Repair Services (Vehicle, Shoe, Locksmith, etc.)
0.00426
Residence Hall / Dormitory
0.00758
Residential Care Facility
0.01138
Restaurant
0.01181
Retail Store
0.00758
Self-Storage Facility
0.00426
Senior Care Community
0.01138
Social / Meeting Hall
0.00987
Strip Mall
0.01181
Supermarket / Grocery Store
0.02381
Transportation Terminal / Station
0.00426
Urgent Care / Clinic / Other Outpatient
0.01181
Vocational School
0.00574
Wholesale Club / Supercenter
0.01138
Worship Facility
0.00574
 
         (ii)   For purposes of reporting for calendar years 2024 and 2025, an owner may utilize a building emissions intensity limit for an occupancy group set forth in § 28-320.3.1 of the Administrative Code, provided such building emissions intensity limit is greater than the emissions factor assigned pursuant to subparagraph (i) for the ESPM property type that most accurately describes the use of the building or space, as determined in accordance with paragraph (2) of this subdivision. Building emissions must be calculated in accordance with either this subparagraph or subparagraph (i) of this paragraph, and may not be calculated by using a combination of such provisions.
         (iii)   For the purposes of reporting for calendar years 2030 – 2034, the following emissions factors apply to the following Energy Star Portfolio Manager property types:
ESPM Property Type
2030 – 2034 Emissions Factor in tCO2e per sf
ESPM Property Type
2030 – 2034 Emissions Factor in tCO2e per sf
Adult Education
0.003565528
Ambulatory Surgical Center
0.008980612
Automobile Dealership
0.002824097
Bank Branch
0.004036172
Bowling Alley
0.003103815
College / University
0.002099748
Convenience Store without Gas Station
0.003540032
Courthouse
0.001480533
Data Center
0.014791131
Distribution Center
0.000991600
Enclosed Mall
0.003983803
Financial Office
0.003697004
Fitness Center / Health Club / Gym
0.003946728
Food Sales
0.005208880
Food Service
0.007749414
Hospital (General Medical & Surgical)
0.007335204
Hotel
0.003850668
K-12 School
0.002230588
Laboratory
0.026029868
Library
0.002218412
Lifestyle Center
0.004705850
Mailing Center / Post Office
0.001980440
Manufacturing / Industrial Plant
0.001417030
Medical Office
0.002912778
Movie Theater
0.005395268
Multifamily Housing
0.003346640
Museum
0.005395800
Non-Refrigerated Warehouse
0.000883187
Office
0.002690852
Other - Education
0.002934006
Other - Entertainment / Public Assembly
0.002956738
Other - Lodging / Residential
0.001901982
Other - Mall
0.001928226
Other - Public Services
0.003808033
Other - Recreation
0.004479570
Other - Restaurant / Bar
0.008505075
Other - Services
0.001823381
Other - Specialty Hospital
0.006321819
Other - Technology / Science
0.010446456
Outpatient Rehabilitation / Physical Therapy
0.006018323
Parking
0.000214421
Performing Arts
0.002472539
Personal Services (Health / Beauty, Dry Cleaning, etc.)
0.004843037
Pre-school / Daycare
0.002362874
Refrigerated Warehouse
0.002852131
Repair Services (Vehicle, Shoe, Locksmith, etc.)
0.002210699
Residence Hall / Dormitory
0.002464089
Residential Care Facility
0.004893124
Restaurant
0.004038374
Retail Store
0.002104490
Self-Storage Facility
0.000611830
Senior Care Community
0.004410123
Social / Meeting Hall
0.003833108
Strip Mall
0.001361842
Supermarket / Grocery Store
0.006755190
Transportation Terminal / Station
0.000571669
Urgent Care / Clinic / Other Outpatient
0.005772375
Vocational School
0.004613122
Wholesale Club / Supercenter
0.004264962
Worship Facility
0.001230602
 
         (iv)   For the purposes of reporting for calendar years 2035 – 2039, the following emissions factors apply to the following Energy Star Portfolio Manager property types:
ESPM Property Type
2035 – 2039 Emissions Factor in tCO2e per sf
ESPM Property Type
2035 – 2039 Emissions Factor in tCO2e per sf
Adult Education
0.002674146
Ambulatory Surgical Center
0.006735459
Automobile Dealership
0.002118072
Bank Branch
0.003027129
Bowling Alley
0.002327861
College / University
0.001236322
Convenience Store without Gas Station
0.002655024
Courthouse
0.001110400
Data Center
0.011093348
Distribution Center
0.000549637
Enclosed Mall
0.002987852
Financial Office
0.002772753
Fitness Center / Health Club / Gym
0.002960046
Food Sales
0.003906660
Food Service
0.005812060
Hospital (General Medical & Surgical)
0.004654044
Hotel
0.002640017
K-12 School
0.001488109
Laboratory
0.019522401
Library
0.001663809
Lifestyle Center
0.003529387
Mailing Center / Post Office
0.001485330
Manufacturing / Industrial Plant
0.000975993
Medical Office
0.001683565
Movie Theater
0.004046451
Multifamily Housing
0.002692183
Museum
0.004046850
Non-Refrigerated Warehouse
0.000568051
Office
0.001652340
Other - Education
0.001867699
Other - Entertainment / Public Assembly
0.002250122
Other - Lodging / Residential
0.001329089
Other - Mall
0.001006426
Other - Public Services
0.002856025
Other - Recreation
0.003359678
Other - Restaurant / Bar
0.006378806
Other - Services
0.001367536
Other - Specialty Hospital
0.004741365
Other - Technology / Science
0.007834842
Outpatient Rehabilitation / Physical Therapy
0.004513742
Parking
0.000104943
Performing Arts
0.001399345
Personal Services (Health / Beauty, Dry Cleaning, etc.)
0.003632278
Pre-school / Daycare
0.001772155
Refrigerated Warehouse
0.002139098
Repair Services (Vehicle, Shoe, Locksmith, etc.)
0.001658024
Residence Hall / Dormitory
0.001332459
Residential Care Facility
0.004027812
Restaurant
0.003028780
Retail Store
0.001216050
Self-Storage Facility
0.000404901
Senior Care Community
0.003336443
Social / Meeting Hall
0.002874831
Strip Mall
0.000600493
Supermarket / Grocery Store
0.004256103
Transportation Terminal / Station
0.000428752
Urgent Care / Clinic / Other Outpatient
0.004329281
Vocational School
0.003459842
Wholesale Club / Supercenter
0.003198721
Worship Facility
0.000866921
 
         (v)   For the purposes of reporting for calendar years 2040 – 2049, the following emissions factors apply to the following Energy Star Portfolio Manager property types:
ESPM Property Type
2040 – 2049 Emissions Factor in tCO2e per sf
ESPM Property Type
2040 – 2049 Emissions Factor in tCO2e per sf
Adult Education
0.001782764
Ambulatory Surgical Center
0.004490306
Automobile Dealership
0.001412048
Bank Branch
0.002018086
Bowling Alley
0.001551907
College / University
0.000180818
Convenience Store without Gas Station
0.001770016
Courthouse
0.000740266
Data Center
0.007395565
Distribution Center
0.000123568
Enclosed Mall
0.001991901
Financial Office
0.001848502
Fitness Center / Health Club / Gym
0.001973364
Food Sales
0.002604440
Food Service
0.003874707
Hospital (General Medical & Surgical)
0.002997851
Hotel
0.001465772
K-12 School
0.000809607
Laboratory
0.013014934
Library
0.001109206
Lifestyle Center
0.002352925
Mailing Center / Post Office
0.000990220
Manufacturing / Industrial Plant
0.000508346
Medical Office
0.000407851
Movie Theater
0.002697634
Multifamily Housing
0.002052731
Museum
0.002697900
Non-Refrigerated Warehouse
0.000163152
Office
0.000581893
Other - Education
0.000839571
Other - Entertainment / Public Assembly
0.001355610
Other - Lodging / Residential
0.000762093
Other - Mall
0.000067983
Other - Public Services
0.001904017
Other - Recreation
0.002239785
Other - Restaurant / Bar
0.004252537
Other - Services
0.000911691
Other - Specialty Hospital
0.003160910
Other - Technology / Science
0.005223228
Outpatient Rehabilitation / Physical Therapy
0.003009161
Parking
0
Performing Arts
0
Personal Services (Health / Beauty, Dry Cleaning, etc.)
0.002421519
Pre-school / Daycare
0.001181437
Refrigerated Warehouse
0.001426066
Repair Services (Vehicle, Shoe, Locksmith, etc.)
0.001105349
Residence Hall / Dormitory
0.000528616
Residential Care Facility
0.002272629
Restaurant
0.002019187
Retail Store
0.000176040
Self-Storage Facility
0.000132282
Senior Care Community
0.002277912
Social / Meeting Hall
0.001916554
Strip Mall
0.000038512
Supermarket / Grocery Store
0.002030027
Transportation Terminal / Station
0.000285834
Urgent Care / Clinic / Other Outpatient
0.002886187
Vocational School
0.002306561
Wholesale Club / Supercenter
0.002132481
Worship Facility
0.000549306
 
         (vi)   For purposes of reporting for calendar years 2050 or later, an emissions factor of 0.00 applies to all Energy Star Portfolio Manager property types.
   (d)   Calculations. An annual building emissions report submitted pursuant to subdivision (b) of this section must be prepared using the calculation methodologies set forth in this subdivision.
      (1)   Gross floor area. The owner must calculate and report the gross floor area of a covered building, and the floor area of each occupancy group or property type in a covered building. The floor area of each occupancy group or property type reported must add up to the covered building's gross floor area.
      (2)   Building emissions limits.
         (i)   Buildings with a single occupancy group. The building emissions limit for a covered building with a single occupancy group or property type must be calculated as the gross floor area multiplied by the emissions factor for the building's occupancy group or property type.
         (ii)   Buildings with multiple occupancy groups. The building emissions limit for a covered building with multiple occupancy groups or property types must be calculated as the sum of the emissions factor for each occupancy group or property type multiplied by the floor area of each occupancy group or property type in the covered building:
B = Σ lksk      (Equation 103-14.1)
Where:
   B   =   the total building emissions limit for a covered building with multiple occupancy groups.
   lk   =   the emissions factor of each given occupancy group or property type, k, as specified in Article 320 of Chapter 3 of Title 28 of the Administrative Code or in this rule, in tCO2e per square foot.
   sk   =   the total floor area in square feet of each property type or occupancy group, k, in a covered building.
      (3)   Greenhouse gas coefficients of energy consumption. Greenhouse gas coefficients for energy consumption shall be determined in accordance with this paragraph (3):
         (i)   Greenhouse gas coefficients for certain fuels combusted or consumed on premises for calendar years 2024 - 2034. For building emissions reports for calendar years 2024 - 2034, the GHG coefficients for fuel types combusted or consumed on premises provided in § 28-320.3.1.1 of the Administrative Code apply, except as provided in this subparagraph (i) or in subparagraph (ii) of this paragraph, provided that for any fuel type with a biogenic blend, the owner may propose an alternate coefficient pursuant to clause c of this subparagraph.
            a.   For the following fuel types combusted or consumed on premises, greenhouse gas emissions must be calculated as generating the following amounts of tCO2e per kBtu:
Fuel
Emissions Coefficient
(tCO
2e per kBtu)
Fuel
Emissions Coefficient
(tCO
2e per kBtu)
Butane
0.00006502
Butylene
0.00006897
Diesel
0.00007421
Distillate Fuel Oil No. 1
0.00007350
Ethane
0.00005985
Ethylene
0.00006621
Gasoline
0.00007047
Isobutane
0.00006519
Isobutylene
0.00006911
Kerosene
0.00007769
Naphtha (< 401 deg F)
0.00006827
Other Oil (> 401 deg F)
0.00007647
Pentanes Plus
0.00007027
Propane
0.00006425
Propylene
0.00006802
Special Naphtha
0.00007259
Coke Oven Gas
0.00004689
Fuel Gas
0.00005925
 
            b.   Exceptions. Notwithstanding any other provision of this subparagraph, for building emissions reports for calendar years 2030 – 2034:
               1.   Number two (No. 2) fuel oil combusted on the premises of a covered building shall be calculated as 0.00007421 tCO2e per kBtu.
               2.   Number four (No. 4) fuel oil combusted on the premises of a covered building shall be calculated as 0.00007529 tCO2e per kBtu.
            c.   For any fuel type that is combusted or consumed on site, not listed in this subparagraph or § 28-320.3.1.1 of the Administrative Code and not prohibited by applicable rule or law, the owner must propose a carbon coefficient, in tCO2e per kBtu, that serves the public interest of reducing GHG emissions, to be used for calculating greenhouse gas emissions for such fuel type. Such proposed coefficient and documentation supporting such proposed coefficient shall be provided to the Department, in a form and manner determined by the Department. Such proposed carbon coefficient is subject to approval by the Department, which may alternatively assign a different coefficient for such fuel type.
         (ii)   Greenhouse gas coefficients for utility energy consumption for calendar years 2030 through 2034. For building emissions reports for calendar years 2030 - 2034, the GHG coefficients for consumption of energy generated by a utility shall be determined in accordance with this subparagraph (ii).
            a.   Utility electricity consumed on the premises of a covered building that is delivered to the building via the electric grid shall be calculated as generating 0.000145 tCO2e per kWh, provided, however that, at the owner's option, utility electricity may be calculated based on time of use, in accordance with subparagraph (iii) of this paragraph.
            b.   Natural gas delivered by a utility combusted or consumed on the premises of a covered building shall be calculated as generating 0.00005311 tCO2e per kBtu.
            c.   District steam delivered by a utility and consumed on the premises of a covered building shall be calculated as 0.0000432 tCO2e per kBtu.
         (iii)   Greenhouse gas coefficient for utility electricity based on time of use (TOU). Notwithstanding any other provision of this paragraph, an owner may elect to calculate emissions generated by utility electricity based on time of use (TOU) in accordance with this subparagraph (iii).
            a.   Such an owner shall submit to the Department documentation of hourly consumption of all utility electricity consumed on the premises of the covered building during the calendar year for which emissions are being reported. Utility records must be made available to the Department upon request.
            b.   A TOU coefficient may be utilized to calculate emissions generated by utility electricity where:
               1.   Hourly utility electricity consumption for the covered building is separately metered by the utility; or,
               2.   Hourly utility electricity consumption for the covered building is separately metered or sub-metered by the owner in a manner that produces data on such hourly consumption for the year being reported.
            c.   Calculations.
               1.   Until such time that hourly TOU electric emissions coefficients for New York City are published by a source approved by the Department, TOU coefficient values must be calculated for each hour of each day in the calendar year being reported, as follows:
TOUn = (HMn - RAMn) + gue      (Equation 103-14.2)
Where:
   TOUn   =   the hourly time of use electricity coefficient in tCO2e per kWh, for n, a given hour on a given day in the calendar year being reported.
   HMn   =   the hourly marginal emissions coefficient in tCO2e per kWh (see Equation 103-14.3).
   RAMn   =   the hourly rolling average marginal emissions coefficient in tCO2e per kWh (see Equation 103-14.6).
   gue   =   the GHG coefficient for utility electricity for the calendar year being reported, in tCO2e per kWh, as provided pursuant to Article 320 of Chapter 3 of Title 28 of the Administrative Code or this paragraph.
If TOUn < 0, then TOUn = 0.
               2.   The hourly marginal emissions coefficient must be calculated as follows:
 
HMn
=
IHRn
×
1kbtu/kWh
×
MFn
(Equation 103-14.3)
MMbtu/MWh
 
Where:
   IHRn   =   the implied heat rate in MMBtu per MWh, for n every hour of the calendar year, see Equation 103-14.4.
   MFn   =   the marginal fuel emissions coefficient, in tCO2e per kBtu, for the fuel that is the marginal fuel for n during the calendar year being reported, provided pursuant to Article 320 of Chapter 3 of Title 28 of the Administrative Code or this paragraph.
               3.   The hourly implied heat rate must be calculated as follows:
 
IHRn
=
LBMPn - VOM
(Equation 103-14.4)
REn + MSPn
 
Where:
   LBMPn   =   hourly location based marginal price, in dollars per MWh, as defined in subdivision (a) of this section.
   VOM   =   $3 per MWh (the variable operating and maintenance cost, as defined in subdivision (a) of this section.
   REn   =   Regional greenhouse gas initiative (RGGI) emissions cost, in dollars per MMBtu (see Equation 103-14.5).
   MSPn   =   Hourly marginal fuel spot price, in dollars per MMBtu.
If IHRn < 5 MMBtu / MWh for a given hour n, then IHRn = 0 Btu per MWh for that hour n.
If IHRn > 17 MMBtu / MWh for a given hour n, then IHRn = 17 MMBtu per MWh for that hour n.
               4.   The RGGI emissions costn must be calculated as follows:
 
REn
=
RAn
×
1.10231 US ton
×
gn
×
1,000 kBtu
(Equation 103-14.5)
metric ton
MMBtu
 
Where:
   RAn   =   RGGI allowance cost, in dollar per US ton, of CO2e, as published by RGGI.
   gn   =   Greenhouse gas coefficient for the marginal fuel at a given hour, in tCO2e per kBtu.
               5.   The hourly rolling average marginal emissions must be calculated as follows:
 
RAMn
=
(Equation 103-14.6)
 
Where:
   HMi   =   hourly marginal emissions coefficient, in tCO2e per kWh (see Equation 103-14.3).
   HLFi   =   the hourly load forecast, which is the day-ahead load projection, published by the New York State Independent System Operator (NYISO) as the day-ahead zonal forecast for New York City, in MW.
         (iv)   Greenhouse gas coefficient for campus-style electric systems. The greenhouse gas coefficient for electricity generated by a campus-style electric system, where electricity consumed by any covered building served by such system is generated in whole or in part on the premises of the campus, must be calculated in accordance with this subparagraph (iv).
            a.   The GHG coefficient for electricity generated by the campus-style electric system, must be calculated as follows:
 
gce
=
Σn (mngn)
(Equation 103-14.7)
mce
 
Where:
   gce   =   the on-site campus generated electricity GHG coefficient in tCO2e per kWh.
   mn   =   the plant input energy for each energy source consumed, n, in kBtu.
   gn   =   the GHG coefficient for each plant input energy source, n, in tCO2e per kBtu as provided pursuant to Article 320 of Chapter 3 of Title 28 of the Administrative Code or this paragraph.
   mce   =   the total electricity consumed by buildings and other campus loads from the campus-style electric system, in kWh, during the year being reported, excluding any electricity delivered into the utility grid.
            b.   Where a covered building consumes electricity generated by the campus-style electric system and also consumes utility electricity, the combined GHG coefficient for campus electricity must be calculated as follows:
 
ge
=
(muegue) + (mcegce)
(Equation 103-14.8)
mue + mce
 
Where:
   ge   =   the GHG coefficient for electricity generated by a campus-style electric system on-site, in tCO2e per kWh.
   mue   =   the total electricity consumed by buildings and other campus loads from the utility grid, in kWh.
   gue   =   the GHG coefficient for utility electricity, in tCO2e per kWh, provided pursuant to Article 320 of Chapter 3 of Title 28 of the Administrative Code or this paragraph.
   mce   =   the electricity consumed by buildings and other campus loads from the campus-style electric system, in kWh, excluding any electricity delivered into the utility grid.
   gce   =   the on-site campus generated electricity GHG coefficient in tCO2e per kWh (see Equation 103-14.7).
            c.   Where electricity consumed by any covered building on the campus is generated on the site of the campus, and the owner elects to calculate emissions from such electricity based on time of use (TOU), the GHG coefficient shall be calculated as follows:
 
ge
=
(Σh (meuhgTOU)h) + (mcegce)
(Equation 103-14.9)
mue + mce
 
Where:
   ge   =   the GHG coefficient for electricity generated by a campus-style electric system on-site, in tCO2e per kWh.
   meuh   =   the hourly electricity consumed by buildings and other campus loads from the utility grid, in kWh.
   gTOU   =   the hourly TOU GHG coefficient, as calculated in accordance with subparagraph (iii) of this paragraph for the calendar year being reporting, in tCO2e per kWh.
   mce   =   the electricity consumed by buildings and other campus loads from the campus- style electric system, in kWh, excluding any electricity delivered into the utility grid, see Equation 103-14.7.
   gce   =   the on-site campus generated electricity GHG coefficient in tCO2e per kWh, see Equation 103-14.7.
   mue   =   the total electricity consumed by buildings and other campus loads from the utility grid, in kWh, see Equation 103-14.8.
         (v)   Greenhouse gas coefficients for certain campus-style energy systems. Notwithstanding any other provision of this section, the GHG coefficient for energy generated by a campus-style energy system must be calculated in accordance with this subparagraph (v). Such energy may include district heating and cooling or other district energy.
            a.   The GHG coefficient for each type of campus energy resource that is generated by a system or equipment in a campus central plant and consumed by a covered building shall account for the plant input energy utilized by such plant to generate and deliver such campus energy resource. Such systems or equipment in a campus central plant may include, but need not be limited to, prime generators, such as boilers, chillers, and cooling towers; ancillary equipment, such as pumps and fans; and associated controls. Any energy generated by any such system or equipment that serves a single building shall not be included in the input energy for the campus-style energy system and shall be considered part of the energy use of the covered building it is serving. Any plant input energy recovered by the campus-style energy system from any other plant energy source on campus and included in the calculation of the emissions coefficient for such other central plant energy source may be assigned an emissions coefficient of zero for purposes of calculating the GHG coefficient for a campus energy resource generated by the campus-style energy system.
            b.   Calculations.
               1.   For each type of campus energy resource generated by the campus-style energy system, the GHG coefficient shall be calculated as follows:
 
gcx
=
Σn (mn gn )
(Equation 103-14.10)
mcx
 
Where:
   gcx   =   the campus-style energy system GHG coefficient, in tCO2e per kBtu, for the campus energy resource, cx.
   mn   =   the plant input energy consumed by each campus-style energy system used to generate the campus energy resource, n, in kBtu.
   gn   =   the GHG coefficient for each plant input energy source, n, in tCO2e per kBtu.
   mcx   =   the total amount, in kBtu, of the campus energy resources, cx, consumed by all covered buildings served by the campus-style energy system.
               2.   Where, for each type of campus energy resource, a group of covered buildings consumes energy generated by the campus-style energy system and consumes energy generated by a utility, a combined GHG coefficient for such campus energy resource shall be calculated as follows:
 
gx
=
(muxgux) + (mcxgcx)
(Equation 103-14.11)
 
mux + mcx
 
Where:
   gx   =   the combined GHG coefficient, in tCO2e per kBtu, for a campus energy resource, x.
   mux   =   the amount of the campus energy resource, ux, from the utility consumed by the covered building or campus, in kBtu.
   gux   =   the applicable GHG coefficient for the campus energy resource, ux, as supplied by a utility, in tCO2e per kBtu, as provided pursuant to Article 320 of Chapter 3 of Title 28 of the Administrative Code or this paragraph.
   mcx   =   the total amount, in kBtu, of the campus energy resource, cx, consumed by all covered buildings served by the campus-style energy system.
   gcx   =   the campus-style energy system GHG coefficient, in tCO2e per kBtu, for the campus energy resource, cx.
         (vi)   GHG coefficients for distributed energy resources. For the purposes of this subparagraph, all distributed energy resources must be separately metered or sub-metered in a manner that produces data for the year being reported. Notwithstanding any other provision of this section, the GHG coefficient for the distributed energy resources described in this subparagraph may be determined as follows:
            a.   GHG coefficient for certain distributed energy resources. Except as provided in clause b, c or d of this subparagraph, the GHG coefficient for energy generated by distributed energy resources, such as microturbines, combined heat and power generation, and fuel cells, including natural gas-powered fuel cells that commenced operation on or after January 19, 2023, shall be determined in accordance with subparagraph (i) or (ii) of this paragraph, for the energy source used to generate the energy for such distributed energy resource and the calendar year being reported. Where an owner chooses to utilize a utility electricity GHG coefficient based on TOU to account for operation of distributed energy resources, such owner must use a TOU coefficient for all utility electricity consumption for their reporting.
            b.   Greenhouse gas coefficient for subscription to off-site solar energy generation.
               1.   The GHG coefficient for electricity generated by an off- site solar energy system purchased by the owner of a covered building is 0.0 tCO2e per kWh, provided such energy sinks directly into the zone J load zone and the other requirements of this clause b are satisfied.
               2.   Such coefficient may be applied to the utility electricity consumption, in kWh, for the covered building in an amount that is no more than the amount of electricity from the off-site solar energy system, provided that the exports of such electricity are not also registered or retired as renewable energy credits claimed by any covered building for purposes of compliance with § 28-320.3 of the Administrative Code. Owners must submit documentation of the amount of solar electricity purchased by the owner to the Department with the building emissions report, or such information may be submitted by a utility on behalf of the owner. Where an owner opts to use a coefficient for electricity based on TOU, electricity generated by an off-site solar energy system must also be reported pursuant to subparagraph (iii).
            c.   GHG coefficient for energy storage. In reporting annual building emissions, an owner of a covered building that utilizes an energy storage system may account for on-site or off-site storage of energy, in accordance with this subparagraph. A GHG coefficient for electricity consumption based on TOU may be applied to the electricity consumed during hours that such energy storage system is charging and discharging, provided that such a TOU coefficient may only be utilized to calculate electricity consumption for an off-site energy storage system where the discharged electricity of such system sinks directly into Zone J.
               1.   An owner of a covered building with behind the meter energy storage that is using the utility electricity GHG coefficient as provided pursuant to Article 320 of Chapter 3 of Title 28 of the Administrative Code or subparagraphs (i) or (ii) of this paragraph for utility electricity consumption in lieu of TOU may account for such storage as provided by this subparagraph, provided that such storage must be separately metered or sub-metered and must be reported using the TOU coefficient methodology pursuant to subparagraph (iii).
               2.   An owner of a covered building that contracts with an off- site energy storage provider via subscription may report an equal portion of their electricity consumption, in kWh, as if it were supplied from an energy storage system on premises. Such owner shall calculate the carbon savings for that owner's share of the stored energy using the TOU coefficient methodology pursuant to subparagraph (iii) and submit such data to the Department in the building emissions report for the calendar year being reported.
            d.   GHG emissions differential for certain natural gas-powered fuel cells. In reporting annual building emissions, an owner of a covered building that utilizes natural gas-powered fuel cells that commenced operation prior to January 19, 2023 may account for the differential emissions to be added to their annual building emissions, in accordance with this clause. An owner of a covered building must submit to the Department documentation of the natural gas consumed annually by the fuel cell, and the electricity generated by the natural gas-powered fuel cell annually during the calendar year for which emissions are being reported. Records for natural gas consumed and electricity generated by the fuel cell must be made available to the Department upon request.
The differential emissions shall be calculated as follows for the calendar year being reported:
FCEM = (FCNG × NGC) - (FCEL × MGC)      (Equation 103-14.12) 
Where:
   FCEM   =   the annual natural gas-powered fuel cell differential emissions in tCO2e.
   FCNG   =   the annual natural gas consumed by the natural gas-powered fuel cell, in kBtu.
   NGC   =   the natural gas coefficient per this paragraph in units of tCO2e per kBtu.
   MGC   =   the annual average marginal grid coefficient per Table 103-14.1.
   FCEL   =   the annual electricity generated by the natural gas-powered fuel cell, in kWh.
Table 103-14.1 
 
Year
MGC
(tCO
2e/kWh)
2024
0.000247038
2025
0.000237178
2026
0.000191739
2027
0.000167898
2028
0.000129971
2029
0.000113712
 
         (vii)   GHG Coefficient for beneficial electrification. For each building emissions report required pursuant to § 28-320.3.7 of the Administrative Code, the beneficial electrification coefficient for qualifying electrical equipment and systems meeting the definition of beneficial electrification shall be as established herein. Such coefficient may be modified by the department as necessary.
            a.   Equipment installed and operating between January 1, 2027, and December 31, 2029, shall be -0.00065 tCO2e/kWh.
            b.   Equipment installed and operating prior to January 1, 2027, shall be -0.0013 tCO2e/kWh.
      (4)   Annual building emissions. Annual building emissions for a covered building must be calculated in accordance with this paragraph (4).
         (i)   Calculation. Annual building emissions must be calculated as follows:
X = Σn mngn         (Equation 103-14.13) 
Where:
   X   =   the total building emissions for a covered building, for the calendar year reported, in tCO2e.
   mn   =   the energy consumed for each energy source or fuel type, n, in kBtu for the year reported.
   gn   =   the GHG carbon coefficient for the year reported for each energy source or fuel type, , in tCO2e per kBtu.
         (ii)   Energy consumption to be included. All energy consumed by a covered building, including fuels used for normal testing of emergency or stand-by power generators, must be included in the calculation of the annual building emissions for such covered building, provided, however:
            a.   Energy used for unidirectional charging of electric vehicles may be deducted where separately metered or sub-metered pursuant to guidance issued by the Department.
            b.   Energy consumed during a local state of emergency declared pursuant to section 24 of the NYS Executive Law or a state of emergency declared pursuant to sections 28 of the New York State Executive Law, where such state of emergency has an impact on building emissions, such as a state of emergency resulting from severe thunderstorms or flooding.
         (iii)   GHG emissions generated under beneficial electrification. An owner may utilize the beneficial electrification coefficient in calculating GHG emissions resulting from the use of qualifying electric equipment as set forth in subparagraph (vii) of paragraph 3 of this subdivision. The annual electric energy use for beneficial electrification shall be determined based on either (a) Metered Electric Use or (b) Deemed Electric Use approach as described in this subparagraph. GHG emission savings accrued from beneficial electrification may be banked for future use for the covered building in which the qualifying equipment was installed as described herein.
            a.   Metered electric use. An owner may calculate electricity emissions based on the measured annual electricity use of the qualifying installed electric equipment using the coefficients for beneficial electrification as established in paragraph (3) of this subdivision. Such owner must be able to document hourly records, monthly energy consumption, and total annual electricity consumption for such equipment. Such documentation may be requested by the Department. Records should be retained for a minimum of six years. The installation must meet at least one of the following to qualify for use of a beneficial electrification coefficient for metered electric use:
               i.   must be separately metered by the utility; or
               ii.   must be separately metered or sub-metered by the owner in a manner that produces auditable data aligned with the reporting year; or
               iii.   must be capable of and configured to produce data that records the electricity supplied to the equipment over the course of the reporting year by means of hardware and software integrated with the equipment.
            b.   Deemed Electric Use. For installed electric equipment, qualifying as beneficial electrification, with a rated heating capacity of less than 1,200,000 btu/h, an owner may calculate electricity emissions based on the installed capacity of the equipment and using the coefficients for beneficial electrification as established in paragraph (3) of this subdivision. Only equipment that meets the requirements of the test procedures listed in the definition of beneficial electrification are eligible to calculate using deemed electric use; other equipment or systems whose test procedures are not listed in the definition of beneficial electrification shall determine beneficial electric use based on the requirements for Metered Electric Use. The deemed electric use shall be calculated based on the following:
 
ASde
=
(
HC
)
×
(
1
×
EFLH
×
SF
)
(Equation 103-14.14)
 
3.412
151
 
Where:
   ASde   =   Annual electric energy use associated with beneficial electrification for an air source heat pump (ASHP) used for space heating in units of kWh.
   HC   =   Heating capacity of ASHP equipment rated at an outside air temperature of 5°F, in units of kBtu per hour.
   EFLH   =   Equivalent full loaded hours for the occupancy type served by the ASHP pursuant to guidance issued by the Department.
WHde = (GPD) × (14.2 × CF)      (Equation 103-14.15) 
Where:
   WHde   =   Annual electric energy use associated with beneficial electrification for a heat pump water heater (HPWH) used for water heating in units of kWh.
   GPD   =   Daily hot water usage in gallons per day (GPD) based on heat pump water heater usage rates pursuant to guidance issued by the Department.
   CF   =   Heating capacity of HPWH as per Equation 103-14.16.
CF = C/PL      (Equation 103-14.16) 
Where:
   CF   =   HPWH Capacity Factor. The ratio of installed HPWH capacity to peak service hot water load, limited to a maximum value of 1.0.
   C   =   The aggregate capacity of HPWH equipment in units of kBtu/h.
   PL   =   Peak load factor multiplied by the associated occupancy metric (i.e., 1,000 square feet, number of people, number of dwelling units, number of students, etc.) from Peak Service Hot Water Load Table
Peak Service Hot Water Load 
Occupancy
Peak Load Factor
Occupancy Metric
Occupancy
Peak Load Factor
Occupancy Metric
Assembly
0.310
per 1,000 square feet
Community College
0.084
per person
Dormitory
0.759
per resident
Elementary School
0.022
per student
Fast Food Restaurant
22.07
per restaurant
Full-Service Restaurant
110.4
per restaurant
Grocery
0.151
per 1,000 square feet
High School & Middle School
0.084
per person
Hospital
2.403
per 1,000 square feet
Hotel / Motel
2.010
per 1,000 square feet
Office
0.049
per person
Multifamily
2.031
per dwelling unit
Religious
0.310
per 1,000 square feet
Retail
0.151
per 1,000 square feet
University
0.022
per student
Warehouse
0.041
per 1,000 square feet
Other
0.216
per 1,000 square feet
 
            c.   Applying and reserving beneficial electrification GHG savings. Owners who have qualifying equipment that is installed and remains in operation in the covered building, may apply GHG emissions savings or accrue savings for future use in reporting emissions for such building, provided that in any reporting year between 2024 and 2036 in which such covered building’s emissions are not below the emissions limit set forth in § 28-320.3 of the Administrative Code, any such savings must be applied. Beneficial electrification savings from a calendar year may be applied in whole to reporting for that calendar year or in whole to another future calendar year but may not be combined with accrued savings from other years. Such savings may be accrued as follows:
 
Year equipment was operated
Years eligible for application of the GHG savings
2024 and prior
Any 6 calendar years between 2024 and 2036
2025
Any 5 years between 2025 - 2035
2026
Any 4 years between 2026 - 2034
2027
Any 3 years between 2027 - 2034
2028
Any 2 years between 2028 - 2034
2029
Any 1 year between 2029 - 2034
 
            d.   When submitting a building emissions report in which an owner applies the beneficial electrification coefficient to a portion of their annual energy consumption, such owner must document installation of the equipment with the letter of completion for such equipment along with the DOB job number.
   (e)   Deductions from reported annual building emissions. Deductions from the total annual emissions for a covered building are authorized in accordance with this subdivision (e).
      (1)   Deductions from reported annual building emissions for Renewable Energy Credits (RECs). Deductions from reported annual building emissions for renewable energy credits may be made to annual building emission calculations as follows:
         (i)   Applicability of renewable energy credits (RECs). Renewable energy credits may only be deducted from the emissions attributed to consumption of utility supplied electricity in a covered building.
         (ii)   RECs generated by clean distributed energy resources on the premises of the covered building. Notwithstanding any other provision of this section, where an owner elects to register RECs generated by a clean distributed energy resource located on the premises of the covered building, the owner may not take an additional deduction for the energy generated by the clean distributed energy resource pursuant to paragraph (2) of this subdivision.
      (2)   Deductions from reported annual building emissions for clean distributed energy resources. A deduction for energy generated by a clean distributed energy resource located on the premises of a covered building is authorized in accordance with this paragraph.
         (i)   Deduction for solar electric generation. For calendar years 2024 to 2029, a deduction from emissions resulting from annual electricity consumption is allowed where electricity is generated by a solar energy system on the premises of the covered building, in accordance with this subparagraph.
            a.   Where electricity is generated by the solar energy systems, in front of the meter or behind the meter, and exported to the grid, an owner may deduct from the total utility electricity consumed by the covered building in the year being reported, an amount equal to the electricity exported, in kWh.
            b.   Where the greenhouse gas coefficient used to calculate emissions from electricity is calculated based on the TOU methodology pursuant to subparagraph (iii) of paragraph (3) of subdivision (d) of this section, such owner shall submit a record of hourly generation of on-site solar energy during the calendar year being reported.
         (ii)   Deduction for on-site energy storage system. For calendar years 2024 to 2029, a deduction from annual building emissions is allowed where energy is stored on the premises of the covered building as electricity, in accordance with this subparagraph. Such deduction may be calculated as follows:
ESS = CAPTESEff         (Equation 103-14.17) 
Where:
   ESS   =   The amount of GHG emissions that may be deducted from the annual emissions resulting from electricity consumption in tCO2e.
   CAP   =   The rated capacity of the energy storage system in kWh.
   TES   =   The total emissions spread, as determined by the Department, for the year preceding the reporting year.
   Eff   =   Roundtrip efficiency, defined as 85% for calendar years 2024-2029.
   (f)   Adjustments. An adjustment to the annual building emissions limits for a covered building may be requested by an owner in accordance with Article 320 of Chapter 3 of Title 28 of the Administrative Code and this subdivision.
      (1)   Where an owner has been granted an adjustment to their building emissions limit pursuant to § 28-320.8 of the Administrative Code for any calendar year between 2024 – 2029, or has been granted an extension of such an adjustment, the adjustment expires where the special circumstance justifying the adjustment no longer exists. The owner must certify that the special circumstance justifying an adjustment continues, as part of any annual emissions report in which the adjustment is sought after it is initially granted.
      (2)   Where an owner has been granted an adjustment to their building emissions limit pursuant to § 28-320.9 of the Administrative Code for any calendar year between 2024 – 2034, the adjustment expires on January 1 of the calendar year following the date on which the building ceases being classified as a not-for-profit hospital, not-for-profit health center, or a not-for-profit HIP center.
   (g)   Penalty for failing to file a building emissions report. An owner of a covered building shall be liable for a civil penalty for failing to file a building emissions report within 60 days of the reporting deadline or by the date of any extension deadline granted by the Department pursuant to this rule.
      (1)   Calculation. Such penalty shall be an amount equal to the gross floor area of such building, multiplied by $0.50, for each month such report is not submitted within the 12 months following May 1 of each year, including the 60 days following the deadline.
      (2)   Extension of time to file. An owner who is unable to file the building emissions report by the reporting deadline despite such owner’s good faith efforts may apply for an extension in accordance with § 28-320.3.7.1 of the Administrative Code and this paragraph. An application for an extension must be filed with accompanying documentation no earlier than 30 days before and no later than 60 days after May 1 of each year. For purposes of this subdivision, an owner demonstrates good faith efforts for consideration of an extension where:
         (i)   The registered design professional hired for purposes of completing the building emissions report could not complete such report by the reporting deadline. For purposes of this paragraph, acceptable documentation in support of such extension request includes a contract between the owner and the registered design professional executed no later than February 1 of the year such report is required to be filed and an affidavit signed by the owner and the registered design professional stating that such professional was unable to complete the report on time and that the report will be completed and filed within 120 days of the reporting deadline; or
         (ii)   The owner has challenged a determination by the Department of Finance regarding whether the square footage of the building qualifies such building as a covered building, provided that such owner must file the building emissions report within 120 days of the first determination by the Department of Finance that such building qualifies as a covered building following the commencement of such challenge. For purposes of this paragraph, acceptable documentation in support of such extension request includes an attestation signed by the owner indicating why the square footage of the building does not qualify such building as a covered building and all correspondence between the Department of Finance and such building owner related to such dispute.
   (h)   Penalty for exceeding building emissions limits. An owner of a covered building shall be liable for a civil penalty for exceeding the building emissions limits established for a calendar year pursuant to Article 320 of Chapter 3 of Title 28 of the Administrative Code and rules promulgated thereunder. Such penalty shall be an amount equal to the difference between the building emissions limit established for a calendar year and the actual emissions reported for such calendar year in the building emissions report, multiplied by $268.
   (i)   Mitigating factors during the 2024-2029 compliance period. Notwithstanding any other provision of the Department’s rules, an owner not in compliance with such emissions limits may be eligible for a mitigated penalty based on mitigating factors as specified in this subdivision. Any such mitigating factors must be filed with the building emissions report and must be documented in a form and manner established by the Department.
      (1)   Unexpected or unforeseeable event. An owner may demonstrate that an unexpected or unforeseeable event or condition outside of their control precluded compliance during a calendar year where a building was damaged as a result of a disaster, including but not limited to a hurricane, severe flooding, or fire. Such owner must provide photographs demonstrating the nature and extent of any such damage, and a description of how such damage precluded compliance in such calendar year. Demonstration of such an unexpected or unforeseeable event or condition may result in a penalty of zero dollars for such calendar year for which such demonstration is claimed.
      (2)   Good faith efforts. An owner may demonstrate they made good faith efforts to comply with Article 320 of Chapter 3 of Title 28 of the Administrative Code and rules promulgated thereunder. Demonstration of good faith efforts may result in a mitigated penalty for the calendar year for which such demonstration is claimed. An owner may demonstrate good faith efforts by meeting all of the following criteria:
         (i)   Such owner submits the annual building emissions report for the previous calendar year pursuant to Article 320 of Chapter 3 of Title 28 of the Administrative Code and rules promulgated thereunder, and is in compliance with any adjustment granted in accordance with § 28-320.7, 28-320.8, or 28-320.9 of the Administrative Code and rules promulgated thereunder; and
         (ii)   Such owner uploads benchmarking information for the previous calendar year to the benchmarking tool in accordance with § 28-309.4 of Article 309 of Chapter 3 of Title 28 of the Administrative Code and rules promulgated thereunder as applicable, or the data required by § 28-309.4 of the Administrative Code for the prior calendar year; and
         (iii)   Such owner submits an attestation in a form and manner determined by the Department that upgrades have been made to lighting systems as required by Article 310 of Chapter 3 of Title 28 of the Administrative Code and rules promulgated thereunder, and electrical sub-meters in tenant spaces have been installed as required by Article 311 of Chapter 3 of Title 28 of the Administrative Code and rules promulgated thereunder; and
         (iv)   In addition to the information required by subparagraphs (i) through (iii) of this paragraph, a demonstration of good faith efforts includes one or more of the following:
            (a)   No later than May 1, 2025, an owner submits a copy of a decarbonization plan certified by a registered design professional to the Department that is being implemented at such covered building. Such plan must include:
               (1)   An energy audit prepared by a qualified energy auditor no earlier than four years prior to the date of submission to the Department; and
               (2)   An inventory of all HVAC equipment, domestic hot water equipment, electrical equipment, lighting, and conveyance equipment serving the building, including the date of installation of such equipment and, where applicable, whether such equipment serves multiple buildings; and
               (3)   A description of any work that received a certificate of completion or temporary certification of occupancy on January 1, 2013 or later, that resulted in no less than a 10% emissions reduction for the building as compared to the emissions measured the year prior to the completion of such work; and
               (4)   A list of alterations and changes to operations and maintenance that will result in the building achieving emissions reductions required by Article 320 of Chapter 3 of Title 28 of the Administrative Code and rules promulgated thereunder and resulting in net zero carbon emissions in 2050, including energy conservation measures to be undertaken during the current and future compliance periods, and the complete schedule for retrofit strategies necessary to reach net zero carbon emissions. Compliance strategies may not include the removal of a tenant. Each item on the list of alterations and changes must include:
                  i.   A timeline for each alteration or change to operations that demonstrates when the work will be completed in order to achieve the necessary emissions reductions required for timely compliance with each compliance period;
                  ii.   A capital plan for such work, including financing and incentives; and
                  iii.   The corresponding emissions reductions estimated to result from each alteration or change to operations; and
               (5)   An owner who files a decarbonization plan in accordance with this clause must additionally demonstrate all of the following:
                  i.   Within 24 months of the submission of such plan, demonstrate that the work necessary to bring the building into compliance with such building’s emissions limit for calendar year 2024 is completed; and
                  ii.   By May 1, 2028, provide evidence that a complete application has been approved by the Department for the work necessary to comply with such building’s 2030 emissions limit;
               (6)   An owner who files a decarbonization plan in accordance with this clause may not claim emissions deductions associated with the purchase of renewable energy credits (RECs) for the 2024-2029 compliance period.
            (b)   An owner provides evidence that a complete application has been approved by the Department for the work necessary to comply with the 2024-2029 emissions limit, a timeline for completion of the project, and the corresponding emissions reductions estimated to result from the alteration, provided that where such work does not require an application to the Department, the owner may submit a copy of a signed contract with a service provider to perform such work and proof of payment in lieu of evidence that a complete application has been approved by the Department; or
            (c)   An owner provides evidence that the covered building is undergoing work to achieve electric readiness by submitting:
               (1)   An approved electrical alteration application to make upgrades to the building’s electric service for the purposes of future replacement of fossil fuel-based equipment with electric equipment; and
               (2)   Certification that the electric utility has received the contractor work request and/or has approved a load letter for service increase; and
               (3)   An anticipated timeline for completion of the work; or
            (d)   An owner previously submitted an annual building emissions report during the 2024-2029 compliance period that demonstrated such building was under the established emissions limits for the calendar year that such report was submitted; or
            (e)   An owner of a critical facility provides a description with documentation, in a form and manner determined by the Department, of how payment of a penalty would impact the operations of such facility; or
            (f)   An owner attests in a form and manner determined by the Department that such owner has applied for or been granted an adjustment by the Department in accordance with § 28-320.7 of the Administrative Code and rules promulgated thereunder.
   (j)   Enforcement. Notwithstanding any other provision of the Department’s rules, an owner not in compliance with the requirements of Article 320 of Chapter 3 of Title 28 of the Administrative Code and rules promulgated thereunder will be liable for a penalty calculated as described herein that may be recovered in a proceeding before the Office of Administrative Trials and Hearings (OATH) governed by OATH's rules of practice and procedure pursuant to Title 48 of the Rules of the City of New York.
      (1)   Notice. The Department shall issue administrative summonses pursuant to this subdivision which shall contain at minimum the following information:
         (i)   A description of the nature of the violation sufficient to inform the respondent of the prohibited conduct, including a citation to the rule or section of the Administrative Code alleged to have been violated; and
         (ii)   The maximum penalty amount calculated by the Department; and
         (iii)   Instructions to the Respondent for how to pay such penalty; and
         (iv)   The date, time, and location of the scheduled adjudication on such penalty, or instructions to the Respondent for how to schedule an adjudication.
      (2)   Resolving the administrative summons prior to adjudication. A Respondent may resolve the summons prior to adjudication by:
         (i)   Paying the penalty amount calculated by the Department; or
         (ii)   Submitting proof to the Department that the condition has been corrected prior to the scheduled adjudication.
      (3)   Mediated resolution. 
         (i)   The Department may offer a mediated resolution to an owner not in compliance with the annual building emissions limits, provided that the Department shall offer such resolution only where (i) such owner has filed a report pursuant to § 28-320.3.7 of the Administrative Code; (ii) such owner has demonstrated good faith efforts to meet such emissions limits, including but not limited to the criteria set forth in paragraph 2 of subdivision i of this section or other demonstrated effort to meet such limits; and (iii) such resolution would facilitate the building meeting such building’s annual emissions limit.
         (ii)   A mediated resolution is an agreement between the owner and the Department not to bring an enforcement proceeding and may provide for terms and conditions determined by the Department, including but not limited to a plan to achieve compliance with the building emissions limit set forth in § 28-320.3.1 of the Administrative Code. The terms of such agreement may contain such provisions as may be agreed upon by the Department and the owner. The Department shall provide guidance with respect to such plan, including examples of appropriate compliance plans.
         (iii)   Such agreement shall provide that an enforcement proceeding will be commenced and civil penalties may be imposed for the violation of Article 320 of Title 28 of the Administrative Code where the owner fails to comply with the terms of such mediated resolution. Where such agreement covers more than one year, the owner may be subject to an enforcement proceeding and civil penalty pursuant to subdivision (h) of this section for each calendar year that such owner is not in compliance with the annual building emissions limit during that time period.
         (iv)   A mediated resolution entered into between the department and the owner of a building may be transferred to a subsequent owner of such building who consents to such transfer. Failure to comply with the terms of such mediated resolution by a subsequent owner who consents to such transfer will result in an enforcement proceeding as set forth in subparagraph (iii) of this paragraph.
(Added City Record 12/20/2022, eff. 1/19/2023; Am. City Record 12/21/2023, eff. 1/20/2024)
§ 103-15 Periodic Observation of Building Parapets.
   (a)   Definitions. For the purposes of this section, the following terms have the following meanings.
      Appurtenance. Any structure attached to or supported by a parapet.
      Cornice. A projecting horizontal member or assembly that crowns a wall.
      Fronting. Running parallel or near parallel to a public right-of-way.
      Gooseneck. A curved section of a handrail which terminates at the top of a roof or parapet.
      Observation. A visual examination of a parapet, cornice and other parapet appurtenances conducted to determine their stability and identify any potentially hazardous conditions.
      Parapet. The part of any wall entirely above the roof line.
      Public right-of-way. A public street, avenue, sidewalk, roadway or any other public place or public way.
   (b)   Observations. Starting on January 1, 2024, in accordance with the requirements of §  28-301.1.1 of the Administrative Code, every building owner must have an observation performed in accordance with this subdivision. This requirement applies to all buildings with parapets fronting the public right-of-way, regardless of height, except for detached 1- or 2-family homes or buildings with a fence or other barrier preventing access to the exterior wall.
      (1)   The observation must be performed annually by a person competent to inspect parapets. For the purposes of this subdivision, this includes, but is not limited to, a bricklayer, building superintendent, handyman, mason or a person in a similar construction-related trade, architect, engineer, an inspector working for a New York State-authorized insurance company, a New York State-authorized building inspector or any other individual capable of identifying hazards on the parapet.
      (2)   The observation must include close-up inspections of the entire parapet. The close-up inspection may be conducted from a fire escape or roof.
      (3)   The observation must include, but not be limited to:
         (i)   A determination that the parapet is plumb by a horizontal distance within one-eighth of its cross-sectional thickness in any location.
         (ii)   A determination of whether there is excessive deterioration, including, but not limited to, displacement, horizontal or diagonal cracks, missing or loose bricks or coping stones, deteriorated mortar joints, spalling, or rot.
         (iii)   A determination that appurtenances such as telecommunications equipment, railings, roof access rails, gooseneck ladders and handrail attachments for fire escapes, and signs, have been installed and maintained in a stable condition.
      (4)   If the parapet exhibits a hazardous or unsafe condition:
         (i)   The person performing the observation must immediately notify the Department of Buildings; and
         (ii)   The owner must immediately install public protection, such as erecting sidewalk sheds, fences, and safety netting, as may be required to secure the safety of the public, and have the unsafe condition remedied. All unsafe conditions must be corrected within ninety (90) days from the notification to the Department. The public protection must remain in place until the unsafe condition is remedied.
   (c)   Report Requirements. A report must be prepared by the person performing the observation or by the owner in consultation with the person performing the observation.
      (1)   The report must include, but not be limited to:
         (i)   The address and any other associated addresses for the building;
         (ii)   The name, mailing address and telephone number of the owner of the building, or, if the owner is not an individual, the name, mailing address, telephone number, and position/title of a principal of the owner;
         (iii)   The name of the person performing the observation. If other than the owner, their mailing address, telephone number, affiliation with the building or owner, and business name, if applicable;
         (iv)   The date(s) of the observation;
         (v)   The location plan of the parapet(s) observed;
         (vi)   The construction of the parapet, including but not limited to material, height, and thickness;
         (vii)   General conditions noted, whether any unsafe conditions were found, and actions taken to remedy the unsafe conditions;
         (viii)   Any repairs made to the parapet since the previous report; and
         (ix)   Dated photos documenting the conditions at the time of observation.
      (2)   Owners must maintain the observation reports for at least six (6) years and must make such reports available to the Department upon request.
(Added City Record 8/29/2023, eff. 9/28/2023)
§ 103-16 Initial Observation of Parking Structures.
   (a)   Prior to the first required condition assessment of a parking structure required by Article 323 of Chapter 3 of Title 28 of the Administrative Code and 1 RCNY § 103-13, the owner of the building in which a parking structure is located and whose condition assessment report is due as set forth in item (B) or (C) of subparagraph (v) of paragraph (4) of subdivision (c) of 1 RCNY § 103-13, must have a one-time initial observation of the parking structure performed by or under the direct supervision of a qualified parking structure inspector (“QPSI”), as defined in 1 RCNY § 101-07. The results of such initial observation must be filed with the Department by August 1, 2024 on a form provided by the Department.
   Exception: Owners whose report is due as set forth in item (B) as previously referenced in this paragraph and who file an acceptable report by August 1, 2024 need not have this initial observation performed.
   (b)   The QPSI must apply a professional standard of care to assess the parking structure’s condition and the individual building systems that comprise the parking structure including, but not limited to, the building’s structural components, waterproofing systems, fire proofing and fire stopping systems, and wearing surfaces. The QPSI’s observation must be based on the considerations of the type of construction of the parking structure, age of the material components, the parking structure’s specific exposure to environmental conditions and the presence of specific details and appurtenances. The QPSI’s observation must also take into account the structure’s history of maintenance and repairs.
   (c)   The methods used to evaluate the parking structure in question must permit a complete examination of the parking structure.
   (d)   The QPSI must identify the most deleterious locations and perform examinations at those locations. If the QPSI finds any deficiencies, he/she must ascertain the cause of these and any other possible building defects detected and immediately notify the Department and the owner of the building in which the parking structure is located of any unsafe conditions.
   (e)   The results of this initial observation must be filed with the Department in a form and manner acceptable to the commissioner.
(Added City Record 10/24/2023, eff. 11/23/2023)
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