BOMA sees less Fed legislation, simpler NYC certification.

If the reports given by speakers at the annual Building Owners' and Managers' of Greater New York, Inc. (BOMA/NY) Codes & Regulations Update seminar are any indication, the Contract With America has derailed many new legislative initiatives affecting the industry coming out of Washthquake code." These provisions cover all new structures, or building additions or enlargements which exceed 60 percent of the building's value. The grandfathering provision, set to expire on Feb. 21, 1996, covers new structures/additions that have properly submitted their drawing and have their DEP sewer connections in place.

Another requirement by the City demands that building owners add emergency power supplies for the fire communications systems upon replacement or within the next five years. In keeping with the finding of the City's panel on the World Trade Center bombing, these generators must be housed in a separate room from other building systems. Owners will now be allowed to store twice the current amount of emergency fuel.

William A. Esposito, CIH, principal of Ambient Labs and Chairman of the BOMA/NY Environmental Concerns Task Force and vice chairman of the Codes & Regulations/Government Affairs Committee, giving an overview of the Federal legislative landscape, noted that thanks to the Republican victories last November and the "Contract With America," existing environmental regulations are being cut or revised, while many of the proposals which once raised concerns may not make it out of committee.

Other areas cited by Esposito are the proposal to establish risk assessment forcing agencies to do a risk-benefit analysis under an independent peer review before instituting more regulation, and the assertion of private property rights, which make it more difficult to seize land or prevent development.

Richard Fuller, president of Great Forest, Inc. addressed the need for all buildings to have recycling programs in place. Fuller warned that owners and managers should have proof of their ongoing recycling programs. He recommends posting signs for the cleaning staff and having signs above storage areas and in the loading dock. A written agreement should be on record with the hauler, demonstrating that he's doing a mixed paper and recycling program. A file with a copy of these signs, tenant memos and the hauler's agreement should be readily accessible in the building office. Fuller noted that inspectors "can follow garbage trucks at 11 p.m., when loading docks are open."

Ernest A. Conrad, P.E., president of Landmark Facilities Group, Inc. and vice chairman of the HVAC Joint Task Force on Indoor Air Quality of BOMA/NY and the Real Estate Board of New York, discussed CFC refrigerant replacements, fluorescent bulb replacements and other environmental matters.

As part of his presentation, Conrad introduced two prominent environmental experts, Eric Carlson, National Marketing Manager for the Green Lights and Energy Star Program for the Federal Environmental Protection Agency in Washington, and his New York-New Jersey EPA counterpart, Implementation Manager Robert Sauchelli.

Conrad began his talk with an audience poll. The show of hands indicated that many of those present were still using CFC-11 and CFC-12 refrigerants in their buildings' HVAC systems. When Conrad retorted, "You have three months before they go off the market," many of these hands came down.

Noting that 2 x 4 fluorescent light bulbs

[INCOMPLETE TEXT FROM ORIGINAL PUBLICATION]

ington, while in New York, the Giuliani Administration is moving ahead in simplifying the City's inspection and certification requirements.

The annual Codes & Regulations Update seminar was moderated by John H.K. Belt, CPM, chairman of the Codes & Regulations/Government Affairs Committee and a BOMA/NY Past President. The seminar was attended by 150 members of the Building Owners' and Managers' Association of Greater New York, Inc. (BOMA/NY) in the Chemical Bank building, 270 Park Avenue.

Each year, the BOMA/NY Codes & Regulations Update seminar brings together experts who discuss in great detail the newest laws, rulings, codes and implementing regulations from local, state and Federal agencies, as well as new products and technologies designed to meet these requirements and improve the efficiency of building operations.

Richard C. Visconti, R.A., First Deputy Commissioner of the New York City Department of Buildings, opened the session by detailing the progress the City has made in its program which offers self-certification options, which use licensed architects and engineers to approve contractor work, cure building violations, etc., to speed the permitting process. Visconti noted that one-third of all plumbing work done by City permit - 16,000 projects - were self-certified through the first eight months of 1995.

Later this Fall, Commissioner Visconti promises that architects and engineers will be able to submit their plans on diskette, which will allow the DOB to input the information and issue a permit within 24 hours.

The Buildings Department has also introduced a new "Express Service" which is intended to consolidate the permit application process of such different City departments as Fire, Environmental Protection and Transportation into a one-stop visit at a single borough office.

Another Buildings Department innovation is the introduction of an interactive voice response system that enables professionals, owners and managers to inquire about up-to-date information on building violations, complaints and application status. The system can send information, reports, etc., to the caller by facsimile. The interactive system has a built-in five-minute time limit, including time allotted for faxing back information.

Until November 1st, the new interactive system, which may be reached at 212-312-8467, will be free. After that date it will be $.95/minute until January 19th, when it will be set at $1.95/minute. Current plans call for adding information about sign-offs to the system.

Keeping with the Giuliani Administration mandate to make life easier for the City's business and real estate community, the Buildings Department has eliminated more than 200 outdated directives and memorandums, while bringing many more up-to-date.

While these existing regulatory compliance burdens are easing, what would the real estate industry be without a few more regulations coming down the pike?

The City, faced with the threat of a Federal funds cutoff and the experience of recent tremors in the region, is instituting an "earare also "going out" as of Oct. 31st, Conrad announced that he had purchased a two-year supply. Other bulbs headed toward extinction include the R-30, R-40 and the PAR-38 spotlights

Many of the new bulbs require replacing existing ballasts, says Conrad. "This could pose mercury and PCB disposal problems." Carlson said that the EPA is interested in working with buildings where lighting upgrades can be accomplished profitably where the return-on-investment (ROI) is at least 20 percent, and sometimes as high as 50 percent. "We won't ask an owner to do an upgrade with less than a 20 percent ROI," he said.

Sauchelli explained the EPA's progress in their "Energy Star Buildings," and "Green Lights" programs.

Zygmunt Staszewski, P.E., president of Z.S. Engineering P.C. addressed the urgent need for owners/managers to have their fire alarm cables certified, according to a new Department of Buildings directive. Underwriters Laboratories established a program for testing and certifying cables, Which also must comply with the NYC Administrative Code.

Staszewski said that the following items must appear on the cable: company name, "type FPLP," size (AWG), temperature rating, the UL registered mark and the legend, "also classified NYC CERT Fire Alarm Cable."

Staszewski warned that all fire alarm system cable installations must be certified and verified by February 1, 1996 or "all of the existing wiring may have to be ripped out."

Charles Rizzo, president of Charles Rizzo and Associates, addressed the legal ramifications of the Americans With Disabilities Act (ADA) Title III Accessibility provision for the real estate industry.

While noting for example, that the U.S. Department of Justice has received more than 900 Title III cases and more than 800 Title II cases, Rizzo explained that one case against the Safeway supermarkets chain affects several hundred stores across the U.S.

BOMA has been working with the Federal Government to encourage a simplification of ADA compliance requirements. A letter from the Senate encourages Attorney General Janet Reno to use such model building codes as BOCA on the accessibility requirement.

Rizzo noted that such pro-ADA Senators as Dole, Harkin and Kennedy want ADA code compliance, not litigation to encourage enforcement.

Stewart O'Brien, Esq., a former Acting Commissioner of the City Environmental Control Board warned the BOMA/NY audience of the perils of "double jeopardy" when appearing before City regulatory agencies.

"Don't plead guilty to any violation that can be used against you in the future. The City will use 'collateral estoppel,' the theory of law that once an issue has been established, it does not require re-litigation," says O'Brien, an attorney with Klein & O'Brien.

"If you plead guilty in the administrative proceeding, it can be used again in a civil proceeding," says O'Brien. "Double jeopardy doesn't apply. The ECB shares information with other agencies that regulate asbestos. Be aware of what's coming down the pike."

O'Brien urged owners to "get together and parcel out fighting the City on different issues. When the City fines you $500 to $1,000, they know it's not cost-effective for you to fight it. In fact they count on you not to fight it."