Tag Archives: NYC Local Law 87

Buildings Sloppy in Following Elevator Inspection Regulations

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Ira Meister, founder and CEO of Matthew Adam Properties, says that when his company is retained to take over management of buildings after a board changed management companies, it has found a disturbing number of properties that are not current with elevator inspections either by not having the inspections conducted, or not filing the proper reports.  “This raises two issues,” Meister says.  “Most importantly, is the need to keep elevators in good working order to prevent accidents.  Secondly, the buildings are subject to fines for not complying.”

 

Elevator accidents have changed the elevator inspection codes

In recent years, several well-publicized elevator accidents have led the city to rework the elevator inspection codes.  This also followed a report in 2009 from the Department of Buildings which showed lax compliance. Of 50 elevator inspections and tests that were randomly monitored, the department found that 28 of the inspections were performed late, seven were performed by inspectors who lacked the necessary certifications and 19 were not properly documented.  This led to new inspection and testing requirements that went into effect in December 2010.

Under the current code, a basic test must be conducted annually by an approved elevator inspector and witnessed by another company or inspector who is not connected with the company performing the inspection.

“Then, the owner, board or most likely the property manager must file a report with the Department of Buildings with the results. This must be submitted within 45 days of the inspection,” Meister says.  “However, very often the responsible party fails to file the report.”

 

You have 45 business days to repair defects after filing inspection report

If defects are found requiring repair, the work must be done within 45 business days of filing the initial inspection report.  A final report, saying the repairs have been done, must be filed within 15 business days of completion of the work.

Failure to perform the inspection, or to correct defects once found, can result in fines of $150/month per elevator.  After one year, the fines increase to $3,000.  A “full-load” test is required every five years.  Fines for this are $250/month for failure to perform the test and $150/month for not correcting violations.  After one year the fines increase to $5,000.

“In addition to changes in the inspection requirements,” Meister says, “the new code and recent amendments have added requirements for various safety features in the elevators, which require additional expenses for the owner. “

Complying Early with Local Law 87 Has Benefits

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Buildings that comply with Local Law 87 prior to their assigned date can benefit from various incentives before funding runs out or regulations change.

The legislation requires large buildings to conduct an energy audit and a retro-commissioning study every 10 years.  The energy audit identifies areas where energy and cost savings could be implemented, though not mandated. The retro-commissioning requires “base building systems” to be at performance capabilities. If not, corrective measures are required.

Incentives for Completing both Retro-Commissioning and Audit

The heating requirements of the retro-commissioning require analysis be conducted during the heating season, which ends in March, negating the possibility of compliance this year. The law provides an incentive for buildings that complete both the retro-commissioning and the audit by the end of 2013.  If accomplished, the date for the next round of compliance is 10 years past the assigned date.

Reports are required based on the last digit of the tax block number.  For example, buildings with the last digit of 3 are required to file in 2013, with 6, in 2016.  The later a building is required to file, the more advantageous it is to comply in 2013.  Those buildings whose tax block number is 2, would be required to file in 2022.  But, if they comply in 2013, the next mandated compliance period would not be until 2032.

Buildings covered by the law are larger than 50,000 gross square feet or two or more buildings on the same tax lot that comprise more than 100,000 gross square feet as we’ll as two or more condominiums governed by the same board that together exceed 100,000 gross square feet.

But, there are significant benefits for buildings complying before the required timeframe, says Brian King, president and CEO, Ecological LLC, an environmental sustainability company.

Incentives are offered by NYSERDA (New York State Energy Research and Development Authority) and others to improve the energy use in buildings.  Changes to the incentives or a lack of funds may make them unavailable in future years.

Energy Auditing Can Save You Money Long Term

While changes are not mandated in the energy auditing component of Local law 87, buildings can save money long term by implementing some or all of the recommendations.  One incentive available involves financing upgrades to heating and cooling systems through the payment of utility bills.  For example, if NYSERDA lends a building $1 million for upgrading, which saves approximately $200,000 annually in energy costs, the building can pay this off in five years through an agreement with Con Ed on its utility bill.  The building will be charged the same amount as if it hadn’t upgraded (which would be an additional $200,000 annually over the actual expense) and in five years that would total the $1 million loan from NYSERDA.  After five years, the building is saving at least $200,000 in energy costs annually.  An option being considered is Pace Bonds, which would be similar to the NYSERDA loans and could be paid back through incentives in real estate taxes.

Several cities, including Philadelphia, Seattle, San Francisco and Washington, DC, have passed legislation similar to Local law 87, and about a dozen states are looking into various aspects of it.

Matthew Adam Properties is working with Ecological LLC to conduct the audits and retro-commissioning in buildings we manage and developing plans for compliance.  A key part of the audit is a cost benefit analysis.

Matthew Adam Properties is on the leading-edge of management firms in promoting energy conservation and “Green” technology.  We are one of the few, if only, management company in New York with a division headed by a LEED certified professional dedicated to sustainability and promoting “Green” initiatives. The goal is not only to reduce costs and gas emissions, but to create a safer and healthier environment for residents of properties we manage.

Local Law 87 is part of a package of four laws called the “Greener, Greater Buildings Plan,” enacted in 2009 to improve the energy and water efficiency of the city’s largest buildings.

Another of the laws, Local Law 84, requires annual benchmarking of energy and water systems with the city publishing the results. Local Law 85 requires that plans for renovations or upgrades demonstrate how the project complies with the Energy Code.  Local Law 88 requires upgrading to lighting systems and installations of electrical submetering in apartments. Buildings covered by this law have until January 1, 2025, to comply.

The goal of the package is to reduce greenhouse gas emissions by 30 percent by 2030.

Ira Meister on Benefits for Complying Early on Local Law 87

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While the deadline is tight for owners and property managers to comply with Local Law 87 in 2013 which would extend the deadline for the next mandated auditing and retro-commissioning, there are other benefits for complying early, says Ira Meister, President and CEO of Matthew Adam Properties Inc., one of New York’s premier management firms.

To encourage early compliance with the law, Meister says, the legislation created an incentive where any building completing the audit and retro-commissioning by the end of 2013 could postpone another round of auditing for 10 years after the date assigned. Reports are required based on the last digit of the tax block number. For example, buildings with the last digit of 3 are required to file in 2013, with 6, in 2016. The later a building is required to file, the more advantageous it is to comply in 2013. Those buildings whose tax block number is 2, would be required to file in 2022. But, if they comply in 2013, the next mandated compliance period would not be until 2032.

The heating requirements of the re-commissioning require analysis be conducted during the heating season, which ends in March, creating a tight deadline, says Brian King, president and CEO, Ecological LLC, an environmental sustainability company.

However, further motivation to file early, Meister says, is provided by incentives offered by NYSERDA and other groups to improve the energy use in buildings. Changes to the incentives or a lack of funds may make them unavailable in future years, says King.

The legislation requires large buildings to conduct an energy audit every 10 years as well as a retro-commissioning study. “The energy audit is to identify areas where energy and cost savings could be implemented, though not mandated,” Meister says. The retro-commissioning requires that building systems be at performance capabilities. If not, Meister points out, corrective measures are needed.

Buildings required to comply are those larger than 50,000 gross square feet, or two or more buildings on the same tax lot that comprise more than 100,000 gross square feet, as well as two or more condominiums governed by the same board that together exceed 100,000 gross square feet.

Local Law 87 is part of a package of four laws called the “Greener, Greater Buildings Plan,” enacted in 2009 to improve the energy and water efficiency of the city’s largest buildings.