Everything you want to know about NYC Local Law 152 (AKA LL 152, New York City Periodic Gas Inspections) but were afraid to ask.
We asked for you – so you can keep your gas.
There is no doubt that the City of New York is as diverse in its built environment as it is diverse in every other aspect of what contributes to the unparalleled uniqueness of this place we call home.
As Keep My Gas navigates the process of Local Law 152 we find that every day there are new situations that not only bring up more questions but also new answers to old questions.
The answers below are compiled based on direct communication with Consolidated Edison, National Grid, the NYC Department of Buildings and trusted, qualified third parties.
As more questions arise KeepMyGas will ask them, get a qualified answer and post them here.
In September 2020 NYC Buildings compiled and posted “FAQ: LL152 of 2016 – Inspections of Exposed Gas Piping“. This was in response to questions submitted to NYC Buildings from the Master Plumbers Council of the City of New York. To access that PDF Click HERE.
On October 20th, 2020 Bill Weidner presented a webinar on NYC Local Law 152 with BuildingsNY Unlocked.
To watch the replay – Click HERE.
Disclaimer:
All information present throughout this site is relied on by us to the extent of our interpretation and is not in any form intended to be relied on as legal advice by any user of the information.
For legal advice all users are directed to review with their legal counsel.
How many buildings with and without gas piping systems which will require an inspection over the 4 year cycle of 2020 to 2023?
Neither the DOB or the utilities definitively answered this question as there are many variables in the data that could skew the results. KeepMyGas analyzed several samples of data and we estimate 300,000 to 400,000 total buildings with and without gas piping systems will require an inspection over the 4 year cycle of 2020 to 2023.
The inspection year is based on the property location in specified Community Districts. If a property owner has a building which is in a Community District that is not requiring an inspection for 2020 can they have the inspection done in 2020 and then every 4 years thereafter instead of waiting until the year in which that inspection is required?
The DOB indicated that an inspection may only be completed during your listed time frame in order to satisfy the filing requirement in the specified year. It is however permissible to have an inspection in advance in order to determine conditions that may require correction so they may be corrected prior to the official inspection year.
Can an owner have a visual only inspection in advance of an official Local Law 152 inspection to determine if illegal or hazardous issues exist?
An owner may hire a Licensed Master Plumber to perform a visual survey of the gas piping system prior to the Local Law 152 inspection. While on site, a Licensed Master Plumber is required to follow the established gas protocols which were put in place even prior to Local Law 152 and is required to report illegal and/or hazardous conditions. Therefore it is recommended that the complete Local Law 152 inspection be the first and only inspection to avoid the extra cost of what could have been accomplished with just the local Law 152 inspection.
The law indicates that only a Registered Design Professional (RDP); Professional Engineer (PE) or Registered Architect (RA) can complete an inspection on buildings without gas piping to certify that there is no gas piping. May a Licensed Master Plumber (LMP) also perform an inspection on buildings without gas piping to certify that there is no gas piping?
The DOB indicated that as per the local law only a design professional can certify that a building does not have a gas system.
What if there is more than one building, each with its own DOB Building Identification Number (aka BIN), on a single tax lot and there is a mixture of buildings with gas piping and buildings without gas piping?
As per the DOB each building requires a separate inspection and filing of paperwork to be associated with the unique BIN for each. The buildings with gas would be inspected by a Licensed Master Plumber and the buildings without gas would be inspected and certified to not have gas by either a Professional Engineer (PE) or Registered Architect (RA)
What type of insurance policies should a Local Law 152 inspector have?
A Licensed Master Plumber (LMP) for inspecting buildings with gas and a Professional Engineer (PE) and/or a Registered Architect (RA) for inspecting buildings without gas should have at a minimum a General Liability policy. It is recommended that they would additionally have a Professional Liability Policy also know as Errors and Omissions Insurance. The Professional Liability Policy is the policy that covers the LMP, PE or RA for an error or omission with regard to information provided and performance of the inspection. This can be verified by asking the inspector to show proof of General Liability and Professional Liability insurance by providing you with a Certificate of Insurance for each policy (COI).
Which portable combustible gas detector is approved for use when performing a Local Law 152 inspection?
The popular device that is used when performing a Local Law 152 inspection is the LMP200. This device can only be purchased by a Licensed Master Plumber (LMP). The serial number of all purchased devices are registered to the license number of the LMP. This device is only available through City Calibration Centers.
This is a list of other approved devices on the New York State Department of Public Service website.
Are individual tenant spaces such as apartments, leased offices and leased retail space inspected?
The DOB interprets the City Council’s intent that the inspection include spaces not subject to tenant control or access restriction. As stipulated in the law, the inspection scope ends at individual tenant space – regardless of whether that tenant space is occupied as an apartment, an office or leased retail space as in a restaurant. Also any gas meters in tenant controlled or access restricted space is not inspected. An example would be residential apartments that have the gas meter in the apartment. However if the point of entry of the gas service or exposed gas piping or building gas equipment is in a commercial tenant controlled space; plumbing industry professionals do agree that access to that area is required to perform a complete inspection.
Is it permissible for the Licensed Master Plumber (LMP) to correct conditions at the time of the inspection?
The DOB indicated that all work on gas piping is subject to the requirements of the Fuel Gas Code and must be performed in accordance with the requirements of the Administrative Code – including those for qualifications, permits, and inspections. Provided that the corrections are performed in accordance with the code, there is no prohibition that the licensed master plumber cannot identify and also correct conditions while onsite.
Is there paperwork and filing involved and if so, who is responsible?
In the case of a building with gas piping the Licensed Master Plumber (LMP) will complete a GPS-1 and a GPS-2. The LMP will apply their embossed seal and sign the originals to deliver to the owner. In addition. the LMP will email a scanned copy of each to the owner and electronically submit the GPS-2 to the DOB using this PORTAL.
In the case of a building without gas piping the Registered Design Professional (RDP) will complete a GPS-2, The RDP will apply their embossed seal and sign the original to deliver to the owner. In addition. the RDP will email a scanned copy to the owner and electronically submit the GPS-2 to the DOB using this PORTAL.
There is no fee for this filing and the upload to the portal of the GPS-2 by the owner or an authorized representative satisfies all filing requirements. There is nothing else for the owner to do except retain the hardcopy or electronic scan for 10 years. Either a hardcopy or an electronic scan is acceptable provided that all the necessary information is included and all the required signatures are provided.
If the original inspection resulted in conditions that required correction is there more paperwork?
This would only occur in a building with gas piping. Another GPS-1 is not required and the correcting Licensed Master Plumber (LMP) will complete a new GPS-2. The correcting LMP will apply their embossed seal and sign the original to deliver to the owner. In addition. the LMP will email a scanned copy to the owner and electronically submit the new GPS-2 to the DOB using this PORTAL.
There is no fee for this filing and the upload of the new GPS-2 to the portal by the owner or am authorized representative satisfies all filing requirements. There is nothing else for the owner to do except retain the hardcopy or electronic scan for 10 years. Either a hardcopy or an electronic scan is acceptable provided that all the necessary information is included and all the required signatures are provided.
Under what conditions is the Licensed Master Plumber (LMP) required to make an immediate notification and to whom during an inspection?
In the event of any gas leak or immediately hazardous condition, standard notifications requirements apply.
To report an immediate hazard, the LMP is to follow the established protocols which were put in place even prior to Local Law 152 and will contact the governing utility for the location and the Plumbing Enforcement Inspections unit at the DOB.
Are installations that were compliant when originally installed presently considered compliant, IE Grandfathered?
In September of 2020 The Master Plumbers Council of the City of New York indicated that a Licensed Master Plumber should conduct the inspection as per the 2014 Code and current Yellow and Blue Book regulations. Unless they are hazardous items not in compliance, they may not have to be reported as Abnormal Operating Conditions (AOCs).
In Local Law 152 of 2016, § 28-318.3.3; Report and certificate of inspection - paragraph 4, it is indicated that the owner has either 120 or if requested 180 days to certify that the conditions originally observed have been corrected. Can an extension be granted If the required work to correct conditions requires a completion period in excess of 180 days?
The DOB indicated that the maximum time to certify that the conditions originally observed have been corrected is 180 days. An amendment to the law by the NY City Council has extended this time in certain cases. Click HERE for the December 2020 DOB Service Notice that addresses this amendment.
Is there a place in the record of the building on the DOB website in either DOB BIS and/or DOB NOW where one can see a record of the GPS-2 submitted to the DOB PORTAL by the Licensed Master Plumber (LMP) or the Registered Design Professional (RDP) for properties that have been inspected?
The DOB indicated that the GPS-2 will not be publicly accessible through DOB. The DOB will only record a certification that the inspection has been completed.
If an inspection of the meters has already been completed by Consolidated Edison (ConEd) or National Grid do I still need the Local Law 152 inspection?
Consolidated Edison (ConEd) and National Grid will continue to complete their own corrosion inspection on inside meters as required and these inspections do not take of the place the Local Law 152 inspection. In addition, the paperwork that is part of a Local Law 152 inspection is submitted only to the property owner and the DOB and not to Consolidated Edison (ConEd) or National Grid.
Is there an extension to the 12/31/2020 inspection deadline for Community Districts 1, 3, and 10 in all 5 boroughs?
On 12/17/2020 the New York City Council enacted legislation that extending the deadlines for inspection and correction of building gas piping systems in Community Districts 1, 3 and 10 in all 5 Boroughs.
Click HERE to access the KeepMyGas page dedicated to information on the extension.
Also to access the most DOB Service Updates site and see the list of updates – Click HERE.
