November/December 2017

PE Report
New York PEs Object to Proposed Building Code Fees

A New York City proposal to charge fees for processing and answering requests involving building and construction codes is drawing concern from the New York State Society of Professional Engineers and organizations representing design and construction professionals.

The Department of Buildings’ proposal states that revenue from the $1,000 and $2,500 fees will be used to improve efficiency and cover administrative costs for handling variation and predetermination requests. The fees would also apply to activities involving appeals from denial of requests and appeal determination.

In September, NYSSPE, the American Council of Engineering Companies, the American Institute of Architects, the Society of American Registered Architects, and the Architects Council of New York notified Commissioner Rick Chandler, P.E., of their objections to the additional fees. “Given the multiplicity and malleable nature of our construction, building, and zoning codes, the need for clarification is both common and necessary in order to ensure the health, safety, and welfare of the public,” the organizations wrote in a letter.

The groups also pointed out that the city’s building code itself acknowledges that many conflicts and contradictions exist in the code’s reference documents, requiring the commissioner’s interpretations.

The letter outlines the following as unintentional consequences of additional fees:

• Affordable housing and projects that involve sustainable, energy-efficient buildings would incur additional costs and processing time. State-of-the-art technologies and innovative design solutions to reduce the costs of housing are often developed before they are incorporated into code and zoning, requiring more interpretation.
• Small building and homeowners seeking to undertake minor alterations and/or facing unique circumstances or constraints not anticipated by current codes would be severely affected. One example is owners of noncomplying buildings affected by Hurricane Sandy.
• Small business owners and professionals who work on smaller projects would be disproportionally affected and slowed down, compared with larger firms that are more equipped to process additional fees.
• Renovation work of existing buildings, which requires more code interpretation, would face additional costs and processing time.

The organizations offered to assist the department with developing solutions to improve efficiency, lower administrative costs, and increase transparency and collaboration between department staff and industry professionals.