DOB Bulletins

FYI 

Joe Pasaturo

Please see the links below  from the DOB for four recently issued Building Bulletins -

1.  criteria for concrete producers to perform and file concrete mix designs

2.  temporary guidelines for approval of fabricators

3.   conditions for installing a bathroom containing three fixtures in the cellar of a one- or two-family dwelling

4.  criteria for the use of helical pile foundation systems

Fran Garace, Executive Director
Architect’s Council of New York14 East 38th Street, 11th Fl.
New York, NY 10016-0005
Phone: 212.355.6555
Fax:     212.355.6919
Email:  admin@acny.org
Web:   http://www.acny.com/

 The foregoing e-mail is an informal communication not intended to be legally binding on the sender for any purpose whatsoever.

From: Bulletins [mailto:bulletins@buildings.nyc.gov?]
Sent: Monday, April 18, 2011 12:18 PM
To: Bulletins
Subject: Four Recently Issued Buildings Bulletins

 The Department recently issued four new bulletins.

 OTCR Buildings Bulletin 2011-008 establishes the criteria for concrete producers to perform and file concrete mix designs with the DOB as approved fabricators:  http://www.nyc.gov/html/dob/downloads/bldgs_bulletins/bb_2011-008.pdf

 OTCR Buildings Bulletin 2011-009 establishes temporary guidelines for approval of fabricators:  http://www.nyc.gov/html/dob/downloads/bldgs_bulletins/bb_2011-009.pdf

 Technical Bulletin 2011-010 clarifies the conditions for installing a bathroom containing three fixtures in the cellar of a one- or two-family dwelling:  http://www.nyc.gov/html/dob/downloads/bldgs_bulletins/bb_2011-010.pdf

 OTCR Buildings Bulletin 2011-011 establishes acceptance criteria for the use of helical pile foundation systems: http://www.nyc.gov/html/dob/downloads/bldgs_bulletins/bb_2011-011.pdf

For all published Buildings Bulletins, please visit:  http://www.nyc.gov/html/dob/html/reference/buildings_bulletin.shtml

Resolution #6/2011 Restructuring Practice Divisions

Here is the latest draft of the resolution to convert Practice Divisions to Interest Groups.  This is to be on the agenda for the June Annual Meeting.

Al

Alfred H. Brand

Mueser Rutledge Consulting Engineers

RESOLUTION FOR BOARD ACTION

JUNE 2011

RESOLUTION #06/2011 - 01

SUBJECT:                  Restructuring of NYSSPE Practice Divisions

SUBMITTED BY:       NYSSPE Executive Committee

WHEREAS,     In 2005 the NSPE changed its governance structure, which resulted in national level practice divisions becoming Interest Groups; the change removed the requirement for the leader of the practice division be a vice-president of NSPE’s Executive Committee and Board; and 

WHEREAS,     Since the NSPE practice divisions were no longer reliant on members contributing directly to their budgets, the NSPE removed the option for members to pay dues to practice divisions at both the national and state level when they renew their membership on-line; and

WHEREAS,     Since members renewing on-line can no longer designate a portion of their dues to the NYSSPE practice divisions, the administration of the NYSSPE practice divisions has become difficult; making it impossible to identify paying and voting members of each division; and

WHEREAS,     The inability to accurately identify the members creates a liability within the governance structure whereby the Chairs who have a vote on the Executive Committee and Board of Directors represent a small, relatively inactive constituency, which are not in compliance with the NYSSPE Constitution & By-Laws, due to the inability to fill all leadership positions; and

WHEREAS,     It has become necessary to streamline the governance structure of the organization, in order to more easily achieve a quorum at meetings and to cut down on the administration necessary to maintain this additional layer of governance; and

WHEREAS,     There is no uniformity or consistency in the value provided to members by each of the practice divisions for the dues that are charged; and

WHEREAS,     The recent membership survey that was conducted showed an overwhelming indifference to practice divisions in their current format; and

WHEREAS,     It would improve the branding of NYSSPE if we followed NSPE’s lead and comply with their governance by treating these as interest groups;

NOW THEREFORE BE IT RESOLVED:        That the NYSSPE Board of Directors approve the reorganization of the Practice Divisions into Interest Groups to improve the NYSSPE’s governance and administration; as well as increase their value to the membership.

AND MAY IT BE FURTHER RESOLVED:      That the Practice Division Rules of Governance be dissolved, as such relevant matters have been incorporated into the following changes to the NYSSPE Constitution & By-laws:

ARTICLE V - PRACTICE DIVISIONS INTEREST GROUPS

SECTION 1.

The State Society, to further its constitutional objectives, may authorize the establishment of Practice Divisions Interest Groups.  The accreditation or the dissolution of Practice Divisions Interest Groups.  shall be the responsibility of the Board in compliance with the provisions of the Bylaws.

ARTICLE VII - OFFICERS AND DIRECTORS

SECTION 5.

Practice Division Chairs elected in accordance with NYSSPE Bylaws shall be Vice Presidents of the Society.  They shall be elected in odd numbered years for a two (2) year term, but none shall serve more than three (3) consecutive elected terms.

SECTION 6. 5

ARTICLE VIII - NOMINATIONS AND ELECTIONS

SECTION 5.

Practice Division officers shall be nominated and elected as provided in the Bylaws.

SECTION 6.

Upon the death, resignation or removal of the President from office the unexpired term shall be filled by the President-Elect.  A vacancy in the office of President-Elect shall be filled by the next regular election.  A vacancy occurring in the office of Area Vice President shall be filled by the Board by selection from the membership within the geographical area in which the vacancy occurs.  Should a vacancy occur in any other elective office of the Society or in the Nominating Committee, the vacancy for the unexpired term shall be filled by appointment by the Board.  A vacancy in the office of Vice President for a Practice Division shall be filled by the duly elected Vice Chair of the respective Practice Division.

ARTICLE X - DUTIES OF OFFICERS

SECTION 5.

Vice Presidents shall coordinate the activities of their respective Chapters and Practice Divisions with those of the Society.

BYLAW IV – COMMITTEES

(c)    The Strategic Planning Committee shall consist of the President-Elect, who shall serve as Chair, the President-Elect nominee, the senior Area Vice President, the Treasurer and one Practice Division Vice President Interest Group Chair, to be selected by the President of the State Society; the Executive Director shall be an ex-officio member.  Additional members may be appointed as necessary and/or desirable.

BYLAW XIV - PRACTICE DIVISIONS  INTEREST GROUPS

SECTION 1.

(Authorization)  The Board may authorize and charter state Practice Divisions Interest Groups comprising members having common professional employment and interests to operate under the Constitution and Bylaws of the State Society.  The Board shall approve the scope of activities and the sphere of interest of such Division group. Prospective Interest Groups shall petition the Board with a resolution outlining their intentions and how it contributes to the NYSSPE Strategic Plan 30 days prior to the meeting.

SECTION 2.

(Objective)  The Practice Division  Interest Group shall be so conducted as to provide effective forums for discussion and united action on the part of the members. grouped according to type of professional employment, for the enhancement and betterment of professional recognition and status, conditions of employment and other matters of mutual welfare.

SECTION 3.

(Membership)  Participation in any Practice Division  Interest Group at the state level shall be open only to all members of the State Society. having professional employment or interests in common with the Division. 

SECTION 4.

(Organization)

(a)    Officers.  The officers of each Practice Division shall consist of a Chair, Vice Chair, and a Secretary.  Officers shall be elected by the membership of each Practice Division on the ballot in odd-numbered years and shall hold office for two (2) years.  Each Practice Division shall have a Nominating Committee which shall report a proposed slate of officers bi-annually at the Fall Meeting of the Division and submit same to State Society Headquarters no later than December 1st of the year in which the election shall take place.

(b)    Duties of Officers.  Officers shall assume the duties usually performed by officers in the same position, subject to rules which may be adopted by the Division and approved by the Board.

(c)    Executive Committee.  The officers shall constitute the Division Executive Committee. The Division Executive Committee shall maintain contact with similar Practice Divisions at the National, State and Chapter levels.  It shall conduct the business and activities of the Division during the time between general meetings and shall make the necessary arrangements for the general meetings.

          Each Interest Group shall have a Chair that is chosen by the members of the Interest Group prior to

          the start of each fiscal year.

         

SECTION 5.

(Meetings)  Each Practice Division  Interest Group shall hold at least one general meeting each year at the time and place of the Annual Meeting of the State Society.  The Division Executive Committee may hold meetings in addition to the annual meeting.  Meetings of the Executive Committee shall be open to Division participants. meetings at the discretion of the Chair.

SECTION 6.

(Funds)  Any Practice Division  Interest Group may establish a fund for the purpose of promoting or forwarding its special objectives.  The method of securing this fund shall be approved by the Board.  The Treasurer of the State Society shall be the custodian of all Practice Division Interest Group funds and the Division Interest Group shall approve all expenditures of these funds, by submitting a budget to the Treasurer prior to the start of each fiscal year.  Expenses incurred through Interest Group activities are charged to the appropriate fund and must be submitted with receipts.

SECTION 7.

(Minutes)  Minutes shall be kept of all meetings of Interest Groups. Practice Divisions and of their Division Executive Committees and copies thereof shall be filed in the office of the State Society as soon as possible after the close of such meetings.  An annual report outlining the Division's activities for the year, including financial statements, officers, etc., shall be made to the Board.

SECTION 8.

(Representatives)  The duly elected Chair of each Practice Division shall be a Vice President of NYSSPE.  The Chair will present and discuss the Division's business at meetings of the Board and the Executive Committee under the normal rule of procedure.

SECTION 9.8

(Activities)  Practice Division Interest Group activities shall be devoted to matters of professional interest in accordance with the NYSSPE Strategic Plan. such as professional development, recognition and status, conditions of employment and mutual welfare.  Practice Divisions shall not engage in any of the following business activities except as specifically authorized by this Charter or as directed by the Board; namely, finance, membership, organization and publication.  State Headquarters shall provide the office services required for operation of the Practice Divisions.

SECTION 10.

(Chapter Practice Divisions)  Practice Sub-Divisions may be formed at the chapter level, either by some of the members of a chapter or by members drawn from several neighboring chapters, as required for effective operation.  The activities of such Divisions shall be consistent with the constitutions and policies of the local, state and national societies.

SECTION 11.

(Policies.) 

(a)    Programs.  All proposed programs or other activities to formulate or to implement existing State Society policy shall be submitted for approval by the Board.

(b)    Coordination.  All public statements, recommended policy action or any action affecting other Practice Divisions Interest Groups or other segments of the State Society shall be processed or released in accordance with the regular procedure of the State Society.

(c)    Policies. The Board shall adopt without modification, reject or return for further consideration, any recommended policy or statement submitted by any Practice Division Interest Group.

(d)    Governance. The business of the Practice Divisions Interest Groups shall be conducted as outlined in the “Rules of Governance and Operation of the Practice Divisions of the New York State Society of Professional Engineers” as approved by the NYSSPE board of directors November 18, 1995. ByLaw IV - Committees

SECTION 12.

(Revocation)  The Board may dissolve any Practice Division Interest Group upon the request of that Division group or if an Practice Division Interest Group fails to comply with the Constitution and Bylaws or the policies of the State Society.

4/26 MCPC followup

I agree as well - it was a very important and productive meeting.

But I have some concerns I need to express.

I understand that the new Special Inspections rules and NYC DoB issues in general are critical topics for our members who interact with the DoB. And I understand that these issues are at a critical stage and apply to all five boros so that MCPC should be dealing with them.

What I take issue with is using the precious small amount of time that MCPC meets, and devoting it to the minutiae of these issues. And while it may be minutiae to me, they are serious issues to others - I do understand that - I only call it minutiae in the context of the more global issues that also need attention.

The solution? I would favor forming a subcommittee of MCPC to deal with DoB issues. The subcommittee would be comprised of members, appointed by the chap presidents, who have the greatest interest in the DoB (which may be him(her)self) and would have the added advantage of continuity. Allow the subcommittee to deal with the nitty-gritty of their issues and have them report to MCPC (with only the necessary minutiae).

I actually make this suggestion with great trepidation. I realize that the only reason that MCPC has been resurrected after many years is through the efforts of those members with concerns about DoB. I would hope that if DoB concerns are handed off to the subcommittee that there is still sufficient motivation to keep MCPC going.

The reason I bring this up now - as productive as the meeting was - I was disappointed that the agenda item "Membership" drew the short straw. The meeting had been going on four+ hours and the item was about to be tabled until I objected. We managed to have a short discussion but by then everyone was tired and some participants had already left the meeting. I had some ideas on paper that I distributed but there was no time to discuss them. So the same evening. I emailed meeting minutes with my notes attached hoping to continue the discussion online.

To facilitate an online discussion, I set up a simple blog. I agree with Kelly that the blog I set up is not ready for prime time. My intent is to use the blog just for us as a way to keep an orderly ongoing discussion of MCPC matters between meetings. Post an idea - then comment on the idea. At some point, we should have a public blog, but for now, just a simple tool to conduct an online discussion.

Eric offered to incorporate his ideas with mine to produce a list of action items related to membership. Joe made some corrections to the minutes. And Tom offered his comments on my ideas by email. But I have not heard from anyone else. And no one is using the blog. We should not wait for the next meeting in June to pick up this discussion.

So lets use the blog. Click on www.nycpe.blogspot.com

If you have an item you want posted, email it to me. If you have trouble accessing the blog posting comments, let me know. But lets keep the process rolling.

Gee Eng

In a message dated 4/27/2011 12:04:26 P.M. Eastern Daylight Time, kknorris@nysspe.org writes:

My sentiments exactly!!! Thanks for having me at this very important and productive meeting, I literally could have spent at least a half hour with each of you on various topics of importance and I will make arrangements to do so next time.  Mark and I are getting together tomorrow to draft the comments so I will have them back to you ASAP. 

I am writing a summary of the meeting for the E-newsletter, I like the blog idea, but I am not going to include it because I think we need some ground rules for it before it is ready for prime time.

Best to all and many thanks,

Kelly

From: Doyle, Louise [mailto:lld9@westchestergov.com]
Sent: Wednesday, April 27, 2011 11:55 AM
To: gltpe@msn.com; tpetracca@tompetracca.com; ejshapiro@att.net; abrand@mrce.com; golovchenkog@coned.com; gpeng@aol.com; mailrudi@yahoo.com; earcement@samschwartz.com; BEFlynnPE@aol.com; petallidespe@aol.com; JoeP1106@aol.com
Cc: Kelly Norris
Subject: RE: Special Inspection Update meeting April 26, 2011 at 6pm

HI everyone, I’m sorry that I had to run out last night but I took the meeting announcement at face value that it would end at 8 pm.  Please send me the minutes so I know what else was discussed and if anything needs my attention. Erich, thanks for hosting; Joe, thanks for the beverages and George, please thank mom for the treats.

Membership ideas - lets get started

Bronx membership in slow steady decline - and our demographics not encouraging for future.

Don't have the state or national statistics - but anecdotal evidence is of similar trend

Bronx Chapter can get very good turnout with an interesting program - and our offer for free admission to pdh sessions for non-members if they sign up and pay for a one year membership has been productive - at least a dozen during past two years - problem is getting new members to stay and getting more members - old and new - to be more active.

Another Bronx Chapter approach to improve turnout for our educational events is to reach out to Manhattan College engineering students - tactics have included free food, contacts with leaders of student engineering organizations, and coordinating programs with the faculty. We have run well attended  "Why be a PE?" and ethics programs. A lecture by Commissioner Miele "History of NYC Water Supply System" was standing room only with huge turnout of MC students plus member and non-member PE's. Problem again - we can get them to attend but we have not found the right motivation to get them to stay and be active.

Proposal to organize a large scale event utilizing combined resources of five NYC chapters could be successful in recruiting some new members. I would support such an effort. We certainly can use an immediate boost to membership. The bigger question is whether such event(s) can reverse the long term trend? My experience says NO. We can get a turnout. We can even sign up new members. The problem is retaining the new members and getting more active involvement from all members.

Is there a way to possibly reverse the trend?

My feeling is that it may be possible but would require re-defining what we hope to achieve with this organization. Currently, our mission and goals are quite idealistic. No one can argue with ethics and professionalism. But what I'm hearing back from the engineering community is "We are very glad someone is thinking about ethics and professionalism, keep up the good work but don't ask me - I have no time to get involved".

How can we change that? Some possibilities:

1. Learn to play politics. At the last meeting, when I asked why we lost the DoB lawsuit when we were so confident that we were in the right, everyone responded "Politics!" We have to learn to play by their rules. Some suggestions: Don't wait until we need something from a politician, approach them offering to help them. I understand we use to have a lobby day in Albany. I would suggest something simpler. Following each election, write a letter of congratulations to politicians at all levels - from US senator to Boro Pres to City Councilmembers - congratulate them, introduce ourselves as constituents and as Professional Engineers and members of NSPE, and offer to help out when any issues come before them where they may feel the input of an engineer would be helpful. These letters may be form written but must come from  constituents of the particular politician. At some point when an issue that is important to us arises, we will not be strangers. Once we can demonstrate that we have some political pull, important players will want to be part of the game. And when important players come, the followers will follow. Obviously oversimplified. But let's start somewhere.

2. Learn to play the P/R game. Create a talent pool of engineering experts who look good and can talk the talk. When relevant major news stories break, offer our subject matter experts as consultants to the major news organizations. Solicit representatives from major engineering firms willing to be in front of the camera. Convince these firms that they want their experts to be the ones in the news. Use some money to hire a good technical p/r firm. Again overly simplified. But we need to get out there in front of the public. The public generally thinks highly of engineers - lets use it to our advantage

3. Become more inclusive of the entire engineering community. Instead of representing ethics and professionalism, lets represent "Engineering"! Again I don't have the statistics but PE's account for a tiny percentage of the total engineering community. It will still be a struggle to sign up and retain members and get members to be more active but the pool of potential members has now increased many, many fold. With greater membership - hopefully many, many fold increase  - will come political clout of its own.

4. Identify pocketbook issues and niche concerns. For myself, one such issue would be group health insurance. It is a non-engineering issue that is a major concern for myself.  My understanding is that state law prohibits associations from sponsoring group health plans. But then why is the BBB and the Freelancers able to offer it? Why is a freelance computer artist able to take advantage of the economy of a group but a consulting engineer is not? (unless he declares himself a freelancer)

5....

From Tom Petracca 4/26 meeting comments

 

Gee: Thanks for the fast min's. Re the min's: - include yourself as attendee - your memo could be entered as part of min's. - we did discuss your memo, albeit partially.  I agree with your suggestion on getting PR by having heads of large firms or the pres of the in front of a news camera or sending letters to state/city politicians upon their winning and upon certain events where we can offer some big picture advice from the "professional engineering community," for example:      -earthquake tsunami dangers here in NY      -crumbling infrastructure      -traffic modifications (yes, that one is for Erick).    Further, I think your blog idea is great and could possibly require some funding to make happen...  which is why Joe's idea of having professional / educational events that have a fee, that can be used to pay for such things as the blog site, someone to manage it, etc., should also be pursued.  One other item...getting sponsors.  When we have these upcoming events if we get sponsors, e.g., one of the large engineering inspection firms for the welding/bolting seminars, or perhaps a welding manufacturer (Hobart) or major contractor or supplier.  Takes time to make the contacts...and we all have to work!  ...which is why it may make sense for all of the boro chapters to jointly fund contracting an inter-boro "executive director" that would go out and get sponsors, coordinate events and speakers, and find low cost venues for monthly, bi-monthly, quarterly, etc., events.  And by making the executive director (ED) paid mostly by a percentage of the sponsorship he/she brings in can make it a no-or-low cost issue to the chapters for contracting the ED.  The ED finds sponsors gets them to pay for the event fees, the sponsor gets to setup a booth at the event to advertise and present their wares AND gets to advertise on the blog website.   Obviously the above could apply to any individual chapter..however, by getting joint boro coverage we can drastically reduce the per member cost.  Perhaps you weigh the contracted payment by the percentage of members in each boro to the whole.  But again, making it a mostly commission based payout to the ED contractor can and should cover 50 to 80% of the ED cost - and the event charge to members and non-members covering the balance. OK...getting back to work!  Thanks again. And thanks for inviting me to the meeting.  I thought it was great and WILL lead to improving life for engineers! Tom Thomas J. Petracca, PE Petracca Design and Engineering, PC 199 E. Main Street Suite 3 Smithtown, NY 11787 Direct: 631-361-9825 Fax: 631-980-7853

MCPC 4/26/2011 meeting minutes (DRAFT)

MCPC meeting minutes April 26, 2011 (DRAFT)

Attendees:

Joe Pasaturo, PE

Eric Arcement, PE

Elliot Shapiro, PE, FNSPE

Chris Petallides, PE

Al Brand, PE, NYC Area VP

Kelly Norris, Exec Director

Tom Petracca, PE

Rudi Sherbanski, PE

Louise Doyle, PE, Pres, NYSSPE

George Tavoulareas, PE

Brian Flynn, PE
Gee Eng, PE

1. Review of amended special inspections rules. Major concern re Agency Structure (pg 10 para 6) that allows a special inspections agency to be a corporation where only a director is required to be a PE. This provides a major loophole for illegal practice. Much discussion on several areas where wording is ambiguous. Also problems with Appendix A which requires PEs of specific disciplines (ie Civil or Structural) whereas NY licenses are not discipline specific. Many of concerns on earlier version seem to have been addressed resulting in Elliot saying the rules seem reasonable (although he later denied it) Kelly will work the wording changes with our counsel Marc Kriss and will submit comments to DoB as well as to office of mayor and NYC corp counsel.

2. Joe indicates his second term as an active member of the NYS Board of Engineering and Land Surveying is up soon (Sept) and there will be three additional vacancies coming up Need some reps from nyc especially in private practice since those areas are severely underrepresented. Joe and Kelly will help anyone with the application process if interested in serving . No pay except reimbursement of expenses. Ask all NYC chapters to canvas their membership for interested parties. Joe repeat his concern re lack of Downstate representation especially in private practice and that the upstate members just do not understand how business is done here.

3. George announced a Queens Chaper presentation to CCNY engineering students on importance of licensure May 5, 2011 12:30 Steinman Hall. Other chapters are invited to participate.

4. Discussion of bringing required course for ICC certification for special inspection on welding and steel bolting. Will set up in house course and offer to members at significant discount. Rudi will contact training provider, George will arrange for location, everyone will be responsible for getting word out and follow up.

5. Queens chap has major concerns re ECB violations against design professionals. Inspectors are writing violations against engineers and Queens chap is questioning legality - should be writing violation against property owner. Joe feels ECB does have the right. Kelly will ask Marc to write City Corp Counsel re legality of such violations.

6. Brooklyn Deputy Boro Commissioner is now the acting Brooklyn Boro Commissioner and has been backfilled by a person with only a high school diploma and it is expected that he will be named Deputy Boro Commish even though it is clearly stated in the job vacancy notice that a PE is required for the position. Will ask Kelly to ask DoB commish or corporate counsel on legality of the anticipated move.

7. Continuing Ed changes will allow up to 12 online pdhs.

8. Membership. Even though it was very late, Gee insisted on a discussion on increasing membership and handed out some notes on the subject. A long discussion ensued - discussing a variety of topics -everything except Gee's notes. Joe suggested a single NYC chapter would carry more clout. There was much resistance to the single chapter idea and some support for joint activities but no consensus reached. There was general agreement on the importance of the ICC certification course - because of the dollar value it would bring to members. Joe suggested helping EIT's with the PE application process with which he is very familar being a member of the board. Much support for that idea especially that it would get young EIT's into the organizations who may then stay on after getting their license. Tom suggested a NYC area newsletter. Gee preferred a blog over a newsletter. Eric suggested using Gee's notes as a starting point to develop an action list to present back to MCPC. Gee agreed. Since Gee's notes were not discussed, he will get his revenge by attaching them to these minutes.

9. Next meeting - possibly in May - but will definitely schedule one for the State meeting in June.

10. Thank yous to Eric for hosting the meeting, Joe for the wine, George for the pastries and not sure who to thank for the pizza!

Gee Eng, PE