Int. No. 436-A

By Council Members Sanchez, Farías, Cabán, Louis, Salaam, Marte, Restler, Powers, Gutiérrez, Hudson and Nurse (by request of the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to the electrical code and local law 55 for the year 2024, in relation to electric vehicle supply equipment in open parking lots and parking garages, and repealing chapter 3 of title 27 of the administrative code of the city of New York in relation thereto

Be it enacted by the Council as follows:

Section 1. Chapter 3 of title 27 of the administrative code of the city of New York is REPEALED.

§ 2. Section 28-101.1 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

§ 28-101.1 Title. The provisions of this chapter shall apply to the administration of the codes set forth in this title and the 1968 building code. This title shall be known and may be cited as the “New York city construction codes” and includes:

The New York city plumbing code.

The New York city building code.

The New York city mechanical code.

The New York city fuel gas code.

The New York city energy conservation code.

The New York city electrical code.

§ 3. Exception 1 of section 28-101.4.3 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

1.                     Fuel gas, plumbing, electrical, and mechanical work. The installation of and work on all appliances, equipment, and systems regulated by the New York city fuel gas code, the New York city plumbing code, the New York city electrical code, and the New York city mechanical code shall be governed by applicable provisions of those codes relating to new and existing installations.

§ 4. Section 28-101.5 of the administrative code of the city of New York is amended by adding new definitions of “LOW VOLTAGE ELECTRICAL WORK” and “MINOR ELECTRICAL WORK” in alphabetical order to read as follows:

LOW VOLTAGE ELECTRICAL WORK. The installation, alteration, maintenance, or repair of electrical wiring that is designed to operate at less than 50 volts for signaling, communication, alarm, and data transmission circuits.

MINOR ELECTRICAL WORK. Electrical work that is limited in scope, falling into 1 of the following categories:

1.                     Replacement of defective circuit breakers or switches rated 30 amperes or less, excluding main service disconnects;

2.                     Replacement of parts in electrical panels where voltage does not exceed 150 volts to ground;

3.                     Replacement of minor elevator parts as defined by rule;

4.                     Replacement of defective controls rated at 30 amperes or less;

5.                     Repair of defective fixtures;

6.                     Replacement of fixtures in existing outlets, provided the number of such fixtures does not exceed 5 and does not increase existing wattage;

7.                     Replacement, repair, disconnection, or reconnection of motors not to exceed 1 horsepower, and associated devices;

8.                     Repairs to low pressure heating plants with a capacity of less than 15 pounds per square inch, except as may otherwise be required by rule of the commissioner;

9.                     Installation of any 10 or fewer units not requiring the installation of an additional branch circuit;

10.                     Installation of motors of fractional horsepower; and

11.                     Installation of transformers rated at 1000 volt amperes or less.

§ 5. Section 28-103.17 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

§ 28-103.17 Certain outside work, employment, and financial interests of department employees prohibited. It shall be unlawful for any officer or employee of the department to be engaged in conducting or carrying on business as an architect, engineer, carpenter, plumber, iron worker, mason or builder, electrician, or any other profession or business concerned with the construction, alteration, sale, rental, development, or equipment of buildings. It shall also be unlawful for such employees to be engaged in the manufacture or sale of automatic sprinklers, fire extinguishing apparatus, fire protection devices, fire prevention devices, devices relating to the means or adequacy of exit from buildings, or articles entering into the construction or alteration of buildings, or to act as agent for any person engaged in the manufacture or sale of such articles, or own stock in any corporation engaged in the manufacture or sale of such articles.

§ 6. Section 28-104.6 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

§ 28-104.6 Applicant. The applicant for approval of construction documents shall be the registered design professional who prepared or supervised the preparation of the construction documents on behalf of the owner.

Exception: The applicant may be other than a registered design professional for:

1.                     Limited oil-burning appliance alterations, limited plumbing alterations, limited sprinkler alterations, and limited standpipe alterations (limited alteration application), where the applicant is licensed to perform such work pursuant to this code;

2.                     Demolition applications other than those specified in section 3306.5 of the New York city building code, where the applicant is the demolition contractor performing such demolition. In such cases, the commissioner may require structural plans designed by a registered design professional to address any critical structural, sequencing, or site safety items;

3.                     Elevator applications;

4.                     Applications for work falling within the practice of landscape architecture as defined by the New York state education law, including but not limited to landscaping and vegetation plans, tree protection plans, erosion and sedimentation plans, grading and drainage plans, curb cuts, pavement plans, and site plans for urban plazas and parking lots, where the applicant is a landscape architect. Landscape architects shall not file plans for stormwater management and plumbing systems; [and]

5.                     Applications for electrical work, as defined in chapter 4 of this title, where the applicant is licensed to perform such work pursuant to this code and such work is not subject to electrical work review requiring submission of electrical plans as provided by rule of the commissioner; and

6.                      Other categories of work consistent with rules promulgated by the commissioner.

§ 7. Section 28-105.1 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

§ 28-105.1 General. It shall be unlawful to construct, enlarge, alter, repair, move, demolish, remove, or change the use or occupancy of any building or structure in the city, to change the use or occupancy of an open lot or portion thereof, or to erect, install, alter, repair, or use or operate any sign or service equipment in or in connection therewith, or to erect, install, alter, repair, remove, convert, or replace any electrical, gas, mechanical, plumbing, fire suppression, or fire protection system in or in connection therewith or to cause any such work to be done unless and until a written permit therefor shall have been issued by the commissioner in accordance with the requirements of this code, subject to such exceptions and exemptions as may be provided in section 28-105.4.

§ 8. Section 28-105.2 of the administrative code of the city of New York is amended by adding a new item 13 to read as follows:

13. Electrical permits: for electrical work other than low voltage electrical work. Such permits shall include permits for minor electrical work.

§ 9. Section 28-105.4 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

§ 28-105.4 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code, the zoning resolution, or any other law or rules enforced by the department. Such exemptions shall not relieve any owner of the obligation to comply with the requirements of or file with other city agencies. Unless otherwise indicated, permits shall not be required for the following:

1.                     Emergency work, as set forth in section 28-105.4.1.

2.                     Minor alterations and ordinary repairs, as described in section 28-105.4.2.

3.                     Certain work performed by a public utility company or public utility corporation, as set forth in section 28-105.4.3.

4.                     Ordinary plumbing work, as set forth in section 28-105.4.4.

5.                     Permits for the installation of certain signs, as set forth in section 28-105.4.5.

6.                     Geotechnical investigations, as set forth in section 28-105.4.6.

7.                     The installation, alteration, or removal of alternative automatic fire extinguishing systems, including but not limited to fire extinguishing systems for commercial cooking equipment, subject to the approval of the fire department in accordance with section 105 of the New York city fire code.

8.                     The installation, alteration, or removal of fire alarm systems, emergency alarm systems and fire department in-building auxiliary radio communication systems, subject to the approval of the fire department in accordance with the requirements of this code. Such work shall be submitted in accordance with the rules and regulations of the fire department.

9.                     Low voltage electrical work.

10.                     Electrical work relating to the construction and maintenance of city streetlights and city traffic lights owned, operated, or controlled by the city or any agency thereof.

11.                     Other categories of work as described in department rules, consistent with public safety.

§ 10. Article 105 of chapter 1 of title 28 of the administrative code of the city of New York is amended by adding a new section 28-105.4.7 to read as follows:

§ 28-105.4.7 Low voltage electrical work. An electrical permit shall not be required for the installation, alteration, maintenance, or repair of electrical wiring that is designed to operate at less than 50 volts for signaling, communication, alarm, and data transmission circuits, provided that such work is performed by a licensed master electrician, special electrician, or qualified person as defined in the New York city electrical code.

Exceptions:

1.                     The installation, alteration, maintenance, or repair, of any wiring that connects to, is part of, or is located within the following systems shall only be performed by a licensed master electrician or special electrician:

1.1. Life safety systems as defined by rule of the commissioner, including but not limited to (i) those safety systems and features listed in section 28-109.3  and (ii) alarm and extinguishing systems subject to chapter 9 of the New York city building code.

1.2. Class I, II, or III circuits in hazardous locations as described in the New York city electrical code, including but not limited to certain areas within commercial garages as set forth therein, aircraft hangers, gasoline dispensing and service stations, bulk fuel storage plants, and facilities that may be utilized for spray applications or for a dipping and coating process.

1.3. Intrinsically safe systems as described in the New York city electrical code.

1.4. A point of connection to or interfacing with a control circuit that activates light, heat, or power circuits.

2. Other systems as determined by the rules of the department.

§ 11. Section 28-105.5.1 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

§ 28-105.5.1 Applicant for permit. The applicant for a permit shall be the person who performs the work or who retains a subcontractor to do the work.

Exception: For permits issued for plumbing work, fire protection and suppression work, electrical work, and oil-burning appliance work, the applicant for such permits shall be the licensed master plumber, licensed master fire suppression piping contractor, licensed master electrician, licensed special electrician, or licensed oil-burning equipment installer, respectively, who performs the work.

§ 12. Section 28-112.2 of the administrative code of the city of New York, as amended by local law number 126 for the year 2021, is amended to read as follows:

§ 28-112.2 Schedule of permit fees. Permits for new buildings, structures, mechanical, and plumbing, and electrical systems or alterations requiring a permit shall be accompanied by a fee for each permit in accordance with the fee schedule of Table 28-112.2 and sections 28-112.2.1 and 28-112.2.2. [Fifty percent of the total fee for the work permit, but not less than $100, or the total fee for the work permit where such fee is less than $100, shall be paid and shall accompany the first application for the approval of construction documents; and the whole or remainder of the total fee shall be paid before the work permit may be issued.] The commissioner may require reasonable substantiation of any statement or other form that may be required by the department.

§ 28-112.2.1 Permits for other than electrical work. For work that will result in a new certificate of occupancy or change to the certificate of occupancy, 50 percent of the total fee for the work permit, but not less than $130, or the total fee for the work permit where such fee is less than $130, shall be paid and shall accompany the first application for the approval of construction documents and the whole or remainder of the total fee shall be paid before the work permit may be issued. For work that will not result in a new certificate of occupancy or change in the certificate of occupancy, 100 percent of the total fee for the work permit, but not less than $130, shall be paid at the time of filing.

§ 28-112.2.2 Permits for electrical work. Fees for electrical work requiring a permit shall be in accordance with department rules. For electrical work requiring a permit, 50 percent of the total fee for the work permit, but not less than $130, or the total fee for the work permit where such fee is less than $130, shall be pa