COVID-19 Violations

Avoid COVID-19 state and city violations during Phase 1 restart. Starting July 8, 2020, Department of Buildings (DOB) inspectors will be issuing covid-19 related violations. Inspectors will look for job sites that are not in compliance with Covid-19 state/city Phase 1 restart requirements. 
If any violations are found, penalties of $5000.00 will be doled out. The site may be issued a Stop Work Order. Penalties for continued non-compliance can be as high as $10K for each offense. 


Job sites will be issued Stop Work Orders if they are without a Safety Plan or a State affirmation conspicuously posted, or without a proper hand washing station.
DOB inspectors will look for compliance with the following: 


– Compliance with social distancing protocols
– Appropriate face coverings worn by all site personnel and visitors
– Readily available hand hygiene stations. These stations must have soap, running water and paper towels. Alcohol based hand sanitizers in lieu of hygiene stations are acceptable.
– Visibly posted Covid-19 signage to remind all personnel to follow the proper hygiene and social distancing rules. Signs that show appropriate use of PPE and cleaning and disinfecting protocol.
– Properly completed and updated cleaning and disinfection logs
– Capacity signage at confined spaces, must be posted within the cab and at each landing.
– A communication plan for employees, visitors, and clients on site.
– Logs that are completed and updated. These logs must list each person on the site to ensure effective contact tracing.

Local Law 87 (LL87)

Local Law 87 (LL87)

Do you know your number? It could be your year of the EER

No matter what industry you are in, there is a push for energy efficiency. It’s no different when it comes to building maintenance, even in a city as old as New York. A few months ago we mentioned how New York City is leading the nation when it comes to energy efficiency. One of the things helping this positive change is the Department of Buildings. The DOB has a long list of Local Laws, and among them is Local Law 87 of 2009 (LL87).
So let’s say you’re a building owner. What is Local Law 87 and what does it mean to you?

As part of the Greener, Greater Buildings Plan (GGBP), LL87 requires large building owners to submit an Energy Efficiency Report (EER) every ten years. Covered buildings, those that are required to comply with LL87, are those over 50,000 square feet, and single lots with two or more buildings larger than 100,000 square feet.

If you own a big building that falls within these categories, you should expect to file an EER once a decade and pay close attention to your tax block number. The year in which you have to comply with LL87 is determined by the last digit of that tax block number. For example, if the number ends in “7” you have until December 31st, 2017 (and once every ten years after that) to file the EER. If that number is “8” then it’s 2018, and so on and so forth.

Okay, so you have until December 31st to file your EER. What exactly is that?

The main components of the EER are the Data Collection Tools, and the Professional Certification forms, EERC1 and EERC2. The former is for the energy audit component, the latter for retro-commissioning. The energy audit is a survey and analysis of energy use in a building to identify ways to reduce energy consumption without compromising normal operations. Retro-commissioning is the process of ensuring that energy systems are correctly installed and functional.

The Professional Certification Forms are signed by the Registered Design Professional (RDP) or Approved Agent who conducts the energy audit and retro-commissioning, as well as by you, building’s owner. The forms require the seal of the RDP and a signed and dated statement from you including basic information and indicating owner type.
The accompanying Data Collection Tools for the EER can be done by you without the RDP. With two separate tools for the energy audit and retro-commissioning, they both contain similar fields for information on the building and the team conducting the survey, and more specific fields for each respective survey. Together all these forms complete the EER, which can then be e-filed with the Department of Buildings. Once the DOB receives the EER, an email will be sent to you with instructions on how to pay the $375 filing fee.

Now, there are exemptions when it comes to LL87. One to three family dwellings that are not condominiums, or are condos of three stories or less do not have to comply. Covered buildings may be exempt from a either the energy audit or retro-commissioning if certain criteria is met.
At this point you are probably relieved you only have to do this once every ten years. While it seems like a lot, it isn’t anything S&M Expediting can’t handle. Let’s talk about getting your EER filed or help you take action in any of these following ways.

If you are not exempt from filing an EER and are unable to meet the December 31st deadline, you can file for a deferral or extension.
A ten year deferral may be an option for you if the base building systems comply with the NYC Energy Conservation Code, and if the building is less than ten years old or has undergone a substantial rehabilitation in the ten years prior to the year the EER is due. To file for a deferral, you use the EER1 Application and file it with the DOB. If you can’t meet the deadline due to financial hardship of the building or are unable to meet it despite documented efforts, you can file an EER2 by October 1st of the due year, and every October afterward for which an extension is requested. Accompanying the EER2 is a fee of $155 for the extension.

In the event of the DOB requests you to amend a submitted EER, you will have to submit a revised EER, indicating on the EERC1 and EERC2 that the filing is an amendment. You would also be subject to an amendment fee of $145.

Rather than run the risk of needing to pay for an amendment for a misfiled EER, or even worse, face a Class 2 violation and a penalty of $3000 for the first year (or $5000 for subsequent years) for not filing at all, let S&M save you the headache and get it done for you. Reach out to us and have your EER done by expediters who understand the forms and do the hard work for you.

Contractor Insurance Update

Insurance update (Service Update)

Insurance Update
Insurance Update

Attention Contractors, Plumbers, Fire Suppression Contractors and Electricians. Insurance Update change.

Beginning on January 2, 2018, the Department of Buildings Licensing unit will no longer accept insurance submission at the counter.  All insurance updates and new tracking number issuance will be done electronically.

S&M Expediting can still provide this assistance when required.

What Is A Letter of No Objection and When Is One Required?

Letter of No Objection in NYC

In the City of New York, in order for a building to be legally occupied the building must first have a Certificate of Occupancy (CO). The CO must state a building’s legal use and type of permitted occupancy. New buildings must have a CO.   Older, pre-existing buildings may not have a CO if built prior to 1938. Those older building may file for a Letter of No Objection or Verification letter which is issued by the Dept. Of buildings to establish legal use of the building or a particular space in the building.

Why would i need an LNO?

If you are selling a property that pre-dates the CO requirement, the potential buyer will ask for one as proof of current use.  If you are opening a business in a building without a CO, and your business requires a license from another government agency, you will have to file for an LNO.

A Letter of No Objection (LNO)

An LNO is fairly easy to obtain and on average takes approximately 3-4 weeks. A LNO can be issued if the proposed and actual use of the space/building in question are the same use group and occupancy group as dictated by the city zoning regulations and building code.  If either the use or occupancy group changes, a new certificate of occupancy must be applied for.

The types of agencies interested in Letters of No Objections are the liquor authority, banks and consumer affairs. The liquor board requires proof of use as an eating and drinking establishment in a building prior to awarding a license.

What is required to acquire a LNO? Some requirements to receive an LNO include but are not limited to the following:

Buildings with a Certificfate of Occupancy

  1. Copy of most recent CO
  2. Copy of Property Profile and list of Job filings (proof of work)

Buildings without a Certificate of Occupancy

  1. Copy of Property Profile and list of Job filings
  2. Block & Lot Folder Plans

Buildings with Child Related Special Occupancy

  1. Copy of most recent CO
  2. Copy of Property Profile and list of Job filings
  3. Block & Lot Folder Plans
  4. Hours/Dates of Operation, number of children (over and under age of 2)
  5. Layout Drawing with exits, accessory locations, etc.

Need help applying for Certificates of Occupancy (COs), TCOs, and Letters of No Objection? Call us today at 718-833-2333.