When Tenant Protection Plan Compliance Inspections Can Go on Hold:

As covered in the previous EPIC KNOWS article, Tenant Protection Plan (TPP) Compliance inspections are a new inspection addition to the updated 2022 NYC Building Code. The requirements of this inspection type can be found in section 1705.26 of the Building Code. The code requirement calls for at least weekly inspections during the duration of demolition and construction to make sure all items listed on the tenant protection plan are in compliance on site.

Due to a project that went on hold for multiple months and did not want to continue TPP Compliance visits if they weren’t explicitly required, EPIC reached out to the Construction Codes team of the NYC DOB. They confirmed that TPP Compliance inspections are not required when there is a pause in construction and the site is closed, or if there is a stop work order.

Common Tenant Protection Plan Non-Conforming Items:

EPIC has now completed Tenant Protection Plan Compliance inspections on several projects. No two Tenant Protection Plans are exactly the same as they have to be specific to the project and building. There can be inclusions for structural work, changes to the standard work hours, additional protections for health requirements or egress, and many other variations.

Many of the projects that we have completed with TPP Compliance inspection requirements share an overlap in the details included on their Tenant Protection Plans, and often share common non-conformances as well. Some of the most common items that we see on site that are not in compliance include:

• Not initially having a fire extinguisher on site,

• Not using the proper dust control mitigation devices outlined in the TPP (i.e., vacuuming, laying down Green Dust, or wetting the floor), and

• Not having zipper enclosures on apartment doors where required.

These non-compliances will be listed in the TPP Compliance Report EPIC provides after each visit and generally require minimal work to remedy. We find that non-compliances are usually fixed by the contractor and in compliance by the next TPP Compliance visit the following week.

What is a Tenant Protection Plan            

A Tenant Protection Plan is required for any alteration, construction, or partial demolition work in a multiple dwelling building where any dwelling will be occupied during construction. The TPP outlines the steps that the contractor and building owner will take to protect tenants when construction or renovation occurs while tenants are living in the building. The goal of the TPP is to avoid or limit service disruptions and lessen the negative impacts of construction. A TPP must be submitted prior to construction if any occupancies are remaining occupied during construction.

The TPP must include detailed and specific provisions for tenant protection during construction regarding:

1. Egress,

2. Fire safety,

3. Health requirements,

4. Compliance with housing standards,

5. Structural safety,

6. Noise restrictions and,

7. Maintaining essential services.

Tenant Protection Plan Compliance Inspection Requirements

The goal of the Tenant Protection Plan Compliance special inspection is to provide enforcement of the TPP. According to the 2022 NYC Building Code, Section 1705.26.1, the special inspector is required to conduct inspections of the TPP:

1. Before construction/demolition begins,

2. At the start of construction/demolition,

3. Once a week throughout the duration of construction/demolition,

4. After a violation of the TPP has been issued to verify that the violation was fixed,

5. When location or operations of construction have changed and require a modification of the methods of protection.

The inspector must keep a written record of the inspections performed for the TPP and maintain a log of these inspections at the job site. This log must include an entry for each inspection and indicate that the alteration or construction operation is being performed in accordance with the tenant protection plan. Copies of the special inspection log book should be maintained at the job site and at the office of the special inspector, and should be available for review until the TPP Compliance inspections are complete.

Tenant Protection Plans, and thus TPP Compliance inspections, are not required when the scope of work is limited to a three-family home, the interior of a single dwelling unit of an occupied multiple dwelling with no disruption to the essential services of other units (where such dwelling is owner occupied), or the interior of a single dwelling unit of an occupied dwelling three stories or less.

EP Inspections and Commissioning is fully equipped to conduct Tenant Protection Plan Compliance inspections on your residential work. Contact us today.

The NYC Department of Buildings now requires that specified service equipment cannot be operated until a Certificate of Compliance (COC) is issued by the Department of Buildings. The Certificate of Compliance was formerly known as Equipment Use Permits. Equipment Use Permits used to be obtained through the sign-off by a qualified registered design professional or a DOB inspector. Certificate of Compliance on the other hand is granted after inspections conducted by a third-party Special Inspections Agency are completed. Once the equipment inspection is completed, the filing for the Certificate of Compliance is done on DOB NOW. The filing includes the completed TR1 form identifying responsibility for the required special inspection and a PW4 Application for Certificate of Compliance for Equipment Form (signed and sealed). The department will then issue an approved Certificate of Compliance which is required to be posted on or adjacent to the certified equipment. Operating equipment without a COC or failing to post the COC can result in the issuance of violations and fines by the Department of Buildings or the FDNY.

The following types of equipment cannot be operated until a Certificate of Compliance is issued:

·        Air conditioning systems (including cooling towers) and ventilation systems

·        Refrigeration systems

·        Heating systems

·        Fuel burning and fuel-oil storage equipment, Boilers

·        Elevators, escalators, moving walkways and dumbwaiters

As per 1 RCNY §101-14, the only exceptions to these requirements are:

Source: https://www1.nyc.gov/assets/buildings/rules/1_RCNY_101-14.pdf

Over the past several months, EP Inspections and Commissioning has embarked on the monumental project of gaining Class 1 accreditation. As mentioned in a previous EPIC KNOWS article, a Class 1 accredited inspection agency can conduct inspections on any project of any size and type, including new construction and additions over 10,000 square feet. EPIC has worked with the International Accreditation Service (a subsidiary of the International Code Council) to follow their IAS Accreditation Criteria (AC291) in this process. Class 1 accreditation was earned in May, 2022.