Over the past six months, there has been a large

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1 VOICE of the Licensed Master Plumber The Vol. 15, Issue 6 November 2015 In this Edition: Special Inspection Updates License Board Updates A NEWSLETTER PUBLICATION OF THE MASTER PLUMBERS COUNCIL OF THE CITY OF NEW YORK, INC. NEW YORK CITY S LATEST BUILDING BOOM Over the past six months, there has been a large increase in the number of applications submitted for new buildings in New York City. There was also a surge in the amount of permit applications being submitted at the end of last year. What is driving this construction boom and how long will it last? As we all remember, in late 2014, there was a rush to file new applications in order to be able to utilize the 2008 version of the NYC Codes. Any job applied for, prior to December 31, 2014, was authorized to employ the former code. Unfortunately, that does not explain the recent surge, which is outpacing almost every year on record since the 1960 s. One of the main reasons for the increase was the statutory expiration date of the 421-a tax abatement rules set for June of The 421-a program generally grants tax abatements to developers whose buildings are at least 20% affordable. On June 1, 2015, Mayor DeBlasio proposed a revised policy version of the bill. This revision would have increased the required percentage of affordable units to 25%, or in some cases 30%, and changed the wage rates to be paid to workers on these projects. It would have also ended the tax breaks for condos and worked to eliminate loopholes based on project location that in the past, allowed developers IMPORTANT DOB LICENSE EXAM UPDATE: to build without including any affordable units. In summary, the Mayor s bill was proposed to increase the number of affordable units required to be constructed and although it was well received by the Real Estate Board, it was not by the Legislature or workers groups. On June 22, 2015, a tentative agreement was made to extend the program for six months while the Legislature tried to come to an agreement over workers wages on these projects. During the negotiation process, there were many calls to curtail or even eliminate the program. When the 421-a tax abatement policy expired on June 15, 2015, the number of building permits issued in the following months had dropped significantly. In July, there was a 90% decrease from the previous month. This is most likely the result of developers rushing to file projects ahead of the June 15th expiration date. Will there be another increase in new permits later this year as the six month extension draws near? As the Legislature determines whether or not we will have a bust or a boom in the next few years, are contractors solely limited to the role of spectator? What can be done to ensure that all workers installing plumbing in these buildings are in the direct employ of a NYC licensed master plumbers firm? In the last issue of The Voice, we reported that the written exam for Licensed Master Plumbers was suspended due to the fact that the DOB had not yet updated the exam to reflect the new code changes. We were assured that the test would be available around October 1, Since the release of that issue, there had not been any updates. Therefore, we contacted Alexandra Fisher, DOB Deputy Commissioner for Legal Affairs, who took immediate action to rectify this issue and we are happy to announce that the first candidates were able to sit for the exam in mid-october. The Master Plumbers Council of the City of New York would like to thank Deputy Commissioner Fisher and her staff for their help. This is a good example of how the Department can work closely with the industry to address important matters. Master Plumbers Council of the City of New York, Inc. * Braddock Avenue, Bellerose, NY * (718)

2 A Message from the Executive Director of the Master Plumbers Council I would first like to thank everyone who attended our 8th Annual Educational and Energy Efficiency Expo. The event was a great success with over 400 industry professionals in attendance. I would also like to thank our sponsors, National Grid, Con Edison, Venco Sales and Boileroom Equipment Sales for their continuous support. We are greatly looking forward to next year s event. Hopefully, by now, you have heard of the new Inspection Ready program set to be launched by the Department of Buildings. This program will greatly affect how your company does business with the DOB. If you are not registered for the program, you will no longer be able to schedule or submit results for any of your DOB projects. Our DOB Sub-Operations Committee has been working hard to learn about this program and distinguish any issues that may arise from a plumber s perspective. Master Plumbers Council of the City of New York, Inc Braddock Avenue, Bellerose, NY Phone: * Fax: The Voice of the Licensed Master Plumber, a membership publication of the NYCMPC. All text for articles is due by the 1st day of the month prior to publication. We welcome your suggestions and contributions. NYCMPC Board President Darren Lundin Executive Director John F. DeLillo, Jr. johnd@nycmpc.org We strongly encourage anyone in your office that deals with the DOB, to attend the upcoming Industry Information Session: Plumbing, which will take place on Tuesday, November 19, 2015 from 1:00 PM - 3:00 PM. It is a great opportunity to not only learn about the new system, but to ask any questions that you may have, as there will be department representatives on hand to answer any Inspection Ready questions. Our next Chapter Membership Meeting will be held at a new location, Marabella Restaurant ( Northern Boulevard, Bayside, NY 11361) on Tuesday, December 1, I look forward to seeing you there. Best Regards, Executive Director, NYCMPC Editors George Bassolino Brittni Rhoads Graphics Janene Meyerowitz JM Image Management, LLC info@jmimagemgmt.com GENERAL DISCLAIMER STATEMENT: The information provided in this newsletter is to be used only to educate businesses and the general public on plumbing and related construction issues that may affect their daily business or personal lives. All opinions expressed herein are those of the individual authors only and do not necessarily represent the opinions of the NYCMPC, its officers, Board of Directors, the NYCMPC newsletter or its editors. The NYCMPC does not guarantee the accuracy or the correctness of advertising, articles or references to information sources herein, nor does the NYCMPC intend to endorse, rate, or otherwise officially comment on products available. Therefore, the readers are cautioned to rely on information contained herein at their own risk. All information that is available to you through this newsletter is provided as is without warranty or condition of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The information contained in the newsletter is believed to be correct and accurate. However, the NYCMPC cannot and will not assume responsibility for the consequences of errors contained in the articles or misapplication of any information provided. NYCMPC expressly disclaims any liability for any special, incidental, or consequential damages, including without limitation, lost revenues, or lost profits, resulting from the use or misuse. Master Plumbers Council of the City of New York, Inc. The Voice of the Licensed Master Plumber 2

3 LICENSE BOARD UPDATES On October 1, 2015, a meeting took place between representatives from the plumbing industry, other trade association representatives, the Commissioner of the Department of Buildings, and his key staff members. The purpose of this meeting was to discuss the License Board member s role in disciplinary actions against licensed plumbers, fire suppression, electrical contractors and their businesses. Each industry was allowed to present reasons why the Department should follow the code and allow for peer participation in disciplinary actions. After an hour, the meeting adjourned and the Department promised to follow-up on the meeting. On October 15, 2015, the Department contacted one industry representative. This representative was told that the Department will continue with their new policy and they will not seek any industry input for proposed disciplinary actions. No specific reasons were provided for this decision and to date, no formal resolution has been provided in writing. The Master Plumbers Council sent a letter to the Department stating that we were deeply disappointed in this decision. In our opinion, the Department is violating The Administrative Code and is also contradicting their core message of being a transparent organization. By not permitting peer review, the Department is also overlooking an incredible asset that should be utilized in code enforcement. In addition to being able to identify potentially bad actors, they also have the ability to recognize when a licensee may have made an innocent mistake or was caught in an ambiguous code ruling, such as is the case with gas piping. We believe that peer review is essential in the disciplinary process. Since the members are not made aware of the exact charges, the evidence there is the perception of a lack of transparency on the part of the Department. The present penalties being assessed of fines and probation stipulations that include provisions for automatic revocation may be too strict in many disciplinary cases, while in many cases the discipline may in fact be nowhere near sufficient to match the severity of the misconduct. Our leaders are going to be consulting with our industry partners to determine what our next actions will be. The industry can rest assured that the Master Plumbers Council will not accept the status quo. Master Plumbers Council of the City of New York, Inc. The Voice of the Licensed Master Plumber 3

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6 In the last issue of the Voice, we reported that the Department of Buildings would soon be launching Inspection Ready. Several of our committee members attended the general information sessions that were held in early October. This new system will incorporate new terminology and we have included a glossary of terms in this edition. One of those terms is a Record. A record will incorporate data in the form of a job, permit, complaint, certification, request, pin or delegate. At the early training sessions we were informed about several changes that were of concern to us: INSPECTION READY UPDATES industry. The meeting was chaired by Mr. Thomas Connors who is The Executive Director of Inspection Services. Mr. Connors made a PowerPoint presentation that addressed each of our concerns. During the presentation we viewed some of the industry specific screens and the inspection request and result submission process were discussed. Based on what we have been shown so far, the system promises to greatly reduce the amount of steps it will take to request, conduct and process inspection results. All correspondence in regards to all inspections going forward will require the LP do so via . The only other option would be to use a kiosk computer at the DOB. It appeared that anyone with a registered account and linked to a record would be able to: Schedule, conduct and cancel an inspection. Delegate a representative for an inspection. Submit certifications and documents and resolve certifiable objections (Owner). Request an inspection when the LP s license or insurance is expired or suspended. Other concerns and questions are as follows: We would like to commend Mr. Connors and his staff for their efforts to date. At the meeting it was stated that the anticipated registration shall start on November 09, 2015 and the system is due to launch shortly after. All licensees should have received an on November 02, 2015 containing the PIN# needed to register. If you are reading this issue and have not obtained a PIN#, you should contact the Department immediately at the following e mail address: Licensingdob@buildings.nyc.gov. As previously mentioned the Inspection Ready team addressed our questions and we have made a list of the issues that appear to have been resolved: Removing the requirement for letters of authorization to be provided at an inspection. A licensed plumber will not have the ability to attach their seal electronically to any submitted documents. The seal may not show up clearly on a scanned document. This system will enable the LP to request and submit all information electronically. How will this help to expedite the processing of self-certification inspections or the review of any documentation required for a record? How will this system help to standardize submission processes throughout the plumbing industry? For self-certification inspections, the system shall only allow the licensee who is the permit holder to be able to schedule an inspection. Only The Code approved LP (Licensed Professional) shall be able to conduct any inspections. Anyone assigned to the record shall have the ability to request an actual inspection. The LP shall have the ability to cancel the inspection. For self-certification inspections, the system shall default to the permit holder (LP) as the delegate for the inspection. In the event the LP or the delegate named is not going to conduct an inspection, any new delegate must have an (paper) authorization letter. Our DOB Sub Operations Committee requested a meeting with the Department to discuss these concerns. The Department responded by scheduling a meeting Certain self-certification results will not be subject to for October 26, Attending the meeting were inspector review and will automatically be passed in representatives from the plumbing and fire suppression Master Plumbers Council of the City of New York, Inc. The Voice of the Licensed Master Plumber 6

7 the system. A list of these inspections will be made available at the industry specific training sessions. Inspection ready will carry over all active BIS jobs (jobs that can be inspected). As of the launch date, the call center shall no longer take any requests for inspections. As of the launch date, the LP can no longer submit any OP-98 results. There will be no parallel system operation of BIS and Inspection Ready once the system launches. LPs will not be able to renew their insurance as stated on the website. The LAA process will not be changed under Inspection Ready. Inspection Ready will only affect the LAA process as far as the inspections for an LAA are concerned. On the day Inspection ready launches: INSPECTION READY UPDATES CONTINUED During the meeting, we were also presented with an overview of the process for submission of inspection results for self-certifications and the submission of supporting documentation and certifiable objections for all inspections. The process for submitting documents will be very simple. A drop down menu of possible attachments will be available for each record. The respective attachment will then be scanned and attached to the record. Certain inspections that require supporting documentation may require inspectorial review. Once that is accomplished, the inspector will mark the item off on a required items checklist. It appears the most important factor in requesting inspections and submitting results is that the information in the request must match the information in the results or the results will be rejected. IMPORTANT INSPECTION READY INFORMATION If you are not a registered user you will not be able to schedule any inspections, submit any results, certify any objections or obtain gas authorization or sign offs on any job. If you are not attached to a record you will not be able to schedule an inspection for that job nor submit any results or supporting documentation You must utilize Inspection Ready to schedule an inspection You must utilize Inspection Ready to submit inspection results (You will no longer be able to submit a manual OP- 98 for results) You must utilize Inspection Ready to submit any supporting documentation If you have scheduled an inspection prior to the Inspection Ready start date you will have to use Inspection Ready to submit the results If you have conducted inspections prior to the launch of Inspection Ready, but not submitted the results, you will have to use Inspection Ready to submit the results There will be NO parallel system for inspections and results (BIS will no longer be used for these functions) The Department will attempt to process all submitted inspection results prior to the implementation of Inspection Ready Anyone listed on the record (Owner, Delegate, LP) will be able to call for an actual inspection. If you as the LP did not authorize the inspection you can cancel it. Master Plumbers Council of the City of New York, Inc. The Voice of the Licensed Master Plumber 7

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10 JOHN J. FIGLIOLIA LMP# 419 LEWSAN CONSULTANTS SERVICING THE PLUMBING INDUSTRY FOR OVER 30 YEARS! BUILDING CONSULTANTS / EXPEDITING SERVICES SERVICING ALL 5 BOROUGHS DOB, ECB AND DEP. FULL ARCHITECTURAL & ENGINEERING SERVICES PERMITS, LAAS, METER PERMITS, OP98S, CERTIFIED ASBESTOS INVESTIGATORS AND MUCH MORE! CROSSBAY BLVD, 2ND FL, HOWARD BEACH, NY, T: / F: DIANE@LEWSANCONSULTANTS.COM WALLY@LEWSANCONSULTANTS.COM MICHELE@LEWSANCONSULTANTS.COM Master Plumbers Council of the City of New York, Inc. The Voice of the Licensed Master Plumber 10

11 PRESS TIME UPDATE The published launch date is December 07, If you have not received a PIN # from the DOB as of yet you must go in person to the service desk at 280 Broadway (5th Floor) or any of the borough offices. Bring your DOB identification (for each license you hold) Register online to create your account IMMEDIATELY. Create ONLY ONE Account and link each license PIN to that account. Ex: You hold 3 licenses. Create one account and link each license PIN to that account. All inquiries AFTER you obtain a Pin# should be made to the Call Center Expect that the DOB MAY refuse inspection requests and OP-98 submissions for up to one week BEFORE the launch of the system to make final preparations to the new system. You should attend an Industry information system session to learn about the system. The Department will create as many classes as possible so if you do not attend it will be by your own choice. Videos of each step in the process will be posted to the DOB site. The DOB has launched new USER MANUALS Inspection Ready Account Registration and Management Inspection Ready Using your Pin Inspection Ready Browser Requirements The DOB has launched new Video Tutorials New User Registration Pin Linking-for Licensees only The DOB has issued new Service Notices Inspection Ready: Licensed Professional PIN Linking Instructions Inspection Ready: Registration is now open Inspection Ready: In-Borough Kiosks Inspection Ready: Industry information sessions Licks to all of this information is available at our website: CASELLA & CASELLA, LLP 1200 South Avenue, Suite 201 Staten Island, New York Ralph P. Casella, Esq. has been representing plumbers since 1971 in the following: Applications for Licensing, Buildings Department and OATH Investigations, Disciplinary Matters, Challenging License Application Denials in Court, Appeals, and Appearances before Licensing Board. Ralph P. Casella is the former attorney for the Richmond County Plumbing Contractor s Association, Plumbers Union Local 371; Plumbers Union Local 1, Brooklyn and Queens; Plumbers Union Local 1 for the City of New York. Contact Ralph Casella at (718) Ralph Casella is the most knowledgeable attorney I ve met regarding the plumbing industry, licensing, disciplinary matters and general plumbing business practices Emmanuel A. Troise, Jr. Master Plumbers Council of the City of New York, Inc. The Voice of the Licensed Master Plumber 11

12 PRSRT STD U.S. POSTAGE PAID FLUSHING, NY PERMIT No Master Plumbers Council of the City of New York, Inc Braddock Avenue Bellerose, NY (718) Gregory T. Chillino Attorney at Law Former Director of Prosecutions and Investigative Attorney for NYC Department of Buildings Administrative Hearings, Licensing Matters and Disciplinary Proceedings, Article 78 s, ECB Violations, Civil Litigation. 315 Madison Avenue Suite 901 New York, NY (646)