What Is Local Law 152 & How Will It Affect Me?

The Department of Buildings uploaded a new list of properties to which LL152 applies, as well as deadlines for each. There are certain exemptions that are listed, which are considered to be classified in occupancy group R-3, as well as detached garages associated with the R-3 building. LL152 applies to all properties except one- and two-family homes and other buildings classified in occupancy group R-3. If your building has one of the following Department of Finance Building Classification, you do not need to comply with LL152: A0, A1, A2, A3, A4, A5, A6, A7, A8, A9, B1, B2, B3, B9, CM, M3, M4, N2, S0, S1, S2, or V.

Strangely, some of these exemptions included are:

• S0 – 1 family with 2 store or offices
• S1 – 1 family with 1 store or office
• S2 – 2 family with 1 store or office

As per DOB, it was explained that the above classifications are exempt based on DOF Classifications, which puts them in an R-3 occupancy group. It would seem logical that these buildings should be inspected as they are mixed-use occupancy, similar to why boilers are required to have annual inspections in mixed-use occupancy. The spirit of LL152 was to exempt true one- and two-family dwellings. As a building owner, you should always be aware of the latest inspection requirements based on buildings classification.

Please note that the Department of Finance’s building classification information shows a building’s tax status, which may not be the same as the legal use of the structure. To determine the legal use of a structure, research the records of the Department of Buildings. Please also be aware of empty lots that are not in proper DOF classifications, which will appear on the list and require inspection. The DOF Classifications are shown on each building’s Property Profile in the Buildings Information System (BIS). If the Building Classification is incorrect, submit a Request to Update Property Data for Tax Class 1 form to the Department of Finance.

Buildings that require a one-and-done report are those with no gas piping, detached garages with no gas piping, and buildings with gas piping capped and not connected to any appliances, with a utility letter confirming disconnected service.

Follow the guidelines below to obtain a disconnected service letter.

To request a statement from your utility company, contact:

ConEdison: (800) 643-1289, select option #2

National Grid: [email protected]

If LL152 applies to your building and your building contains gas piping, but the building is not currently supplied with gas and has no appliances connected to the gas piping, you must submit to DOB, through the online portal, the following two documents:

1. A signed statement from the utility company containing the following: the last date gas was supplied to the building and the date on which gas service was no longer provided to the building
2. A signed statement from the owner of the building containing the following: a certification that the building no longer receives gas service and a certification that the building no longer contains appliances connected to gas piping

If LL152 applies to your building but the building does not contain gas piping, a Gas Piping System Periodic Inspection Certification, signed and sealed by a Registered Design Professional (a New York State licensed professional engineer or registered architect) or a Licensed Master Plumber, stating that such building does not contain gas piping must be submitted to DOB. No further action is necessary.

Inspectors will be looking for “imminently dangerous conditions,” such as:

• Gas leaks (regardless of odor)
• Illegal connections
• Hazardous non-code-compliant installations
• Poorly maintained systems that are hazardous or unsafe
• Atmospheric corrosion that is hazardous or unsafe
• Piping deterioration that is hazardous or unsafe
• Carbon Monoxide detection
• Hazardous or unsafe gas meter condition
• Fire or explosion risks

If an unsafe condition is found, the inspector will report it to the building owner, Department of Buildings (DOB), and the utility company. If the danger is an immediate threat, it will require an immediate call to the utility company, DOB, and owner, and may result in an evacuation of the building.

Inspections do not include gas piping within apartments. Therefore, you won’t need to give tenants prior notice of the inspection.

During the inspection, all exposed gas lines in public areas of the building will be inspected, including:

• Points of entry into the building
• Services meters
• All gas piping in public spaces, such as:
  • Hallways
  • Corridors
  • Mechanical rooms
  • Boiler rooms
  • Rooftops

Inspection costs can range from $650 and higher.

The cost depends on a number of factors, including:

• The number of gas meters
• The size of your building
• The length of exposed pipe
• The number of mechanical rooms, laundry rooms, and kitchens
• The number of floors where gas is utilized
• The hourly rate of the plumber you hire

While there are no official filing fees charged by New York City, if you fail to submit certification of your inspection on or before the filing due date, you could be fined up to $5,000. You’ll still have to pay for an inspection, so don’t miss the deadline!

In addition to the above calendar, a few other key deadlines and timelines include:

1. Filing:
   1. 30 days for the GPS1 (Inspection) Report - Once an inspection is complete, the inspector has 30 days to provide the building owner with a “Gas Piping System Periodic Inspection Report” (GPS1). This report provides the owner the results of the inspection, noting any unsafe conditions if found that need to be corrected.
   2. 60 days for the GPS2 (Certification) Report - After the initial inspection, the building owner then has 60 days to file a “Gas Piping System Periodic Inspection Certification” (GPS2) with the Department of Buildings. This report can be signed and sealed by a LMP who performed the initial inspection or another LMP, regardless of who made the repair.
   3. 120 days for repairs - If the GPS2 certification shows that conditions still need to be met, you have 120 days to make the repairs and file a new GPS2 report.
   4. 180 days for repairs – If 120 days is not sufficient time to complete the repairs, you can request 180 days.
2. Corrections: If you need to make a correction, any changes must be submitted within 120 days from the certification date, as marked by the LMP on the GPS2 report.
3. Records: Building owners must keep all reports and certifications on file for 10 years.

A note on new buildings: If your building is new, following the Certificate of Occupancy date after 12/6/2016, you won’t need another inspection for 10 years. After that, you’ll need to follow the same 4-year inspection cycle as noted above.

Inspections must be conducted by a “qualified gas piping system inspector” who has either of the below credentials:

1. They’re a Licensed Master Plumber (LMP).
2. An individual working under the direct supervision of an NYC LMP meeting the following requirements:
   1. They have at least 5 years of full-time experience working under the direct and continuing supervision of an LMP
   2. Has successfully completed a 7-hour training program acceptable to DOB.

If you happen to need a repair, the contractor you hire doesn’t have to be the same as the original inspector. However, they do need the same qualifications (either a licensed NYC master plumber, or a qualified direct employee of the LMP).

If your gas line needs a repair, it must be fixed and a new Inspection Certification submitted to the DOB within 120 days or 180 days if requested.

A couple of conditions can affect the timeline:

1. Hazardous Conditions - If the initial inspection reveals an unsafe or dangerous condition, the building owner must take immediate action to fix the repair. This can include shutting off the gas and/or evacuating the building.
2. Repairs requiring additional time to complete - If the repair is a major issue, the building owner can request an extension of 60 days, for a total of 180 days to fix the repair.

Regardless of the problem, the building owner is responsible for all costs and potential permits related to repairs.

Additionally, if gas service is interrupted in order to fix the repair, you won’t be able to turn it back on until the following steps are taken:

• Permit(s) filed with the DOB
• Repair(s) are performed by a licensed master plumbing company
• DOB inspection after work is completed
• Inspection from gas company