§ 103-10 Periodic Inspection of Gas Piping Systems.
RCNY § 103-10
(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 utility company, 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. Such statements need only be submitted once. 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 § 28-318.3.5, along with a filing fee as specified in 1 RCNY § 101-03, is the same as the due dates set forth in paragraph (2) of this subdivision. Where the owner seeks to resume gas service, the owner must comply with the provisions of § 28-318.3.6.
(4)Inspections of building gas piping systems required under this section must be conducted at least once every four (4) 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.
(5)The initial inspection for a new building with a gas piping system must 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 (4) of this subdivision.
(6)An inspection entity qualified to conduct inspections of gas piping systems pursuant to subdivision (b) of this section must notify the Department of the performance of a gas piping system inspection. Such notice must be submitted to the Department in a form and manner as determined by the Department at least two (2) days prior to the performance of such gas piping system inspection. 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.
(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.
(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.
(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. To resolve a violation for failure to file certification of a gas piping system periodic inspection, an owner must submit payment of the civil penalty and file a certification of the gas piping system periodic inspection, certification of no gas piping system in the building, or documentation regarding no gas service in the building. Payment of the civil penalty and certification of the gas piping system periodic inspection, certification of no gas piping system in the building, or documentation regarding no gas service in the building may be submitted separately. A certification is not considered filed if it is in pre-filing or Quality Assurance failed status.
(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.
(h)Penalty waivers; eligibility and evidentiary requirements. An owner may request a waiver of penalties assessed for violation of Article 318 of Title 28 of the Administrative Code, the New York City Building Code and/or related rules enforced by the Department. Requests must be made through the Department’s website and must meet eligibility and evidentiary requirements as follows: (1) Owner status.
