When Does LL152 Go Into Effect?Local Law 152 went into effect January 1, 2019. However, full implementation of the law (i.e. commencement of inspections) could not go into effect without the adoption of rules by the NYC Department of Buildings (DOB). DOB issued final rules on September 23, 2019. While these rules became effective November 2, 2019, due to the provisions of the rules, no inspections can begin until January 1, 2020.
Who must comply with LL152?Owners of all buildings except those in occupancy group R-3 (2 families or less) must comply with LL152. The estimated total amount of buildings affected in NYC is approximately 280,000.
What are the inspection cycles?
The rules implementing LL152 breakdown the inspection cycle by community districts within boroughs as per below:
DATE RANGE FOR INSPECTION
BUILDINGS IN COMMUNITY DISTRICTS
January 1, 2020 – December 31, 2020
Districts: 1, 3 and 10 in all boroughs
January 1, 2021 – December 31, 2021
Districts: 2, 5, 7, 13, and 18 in all boroughs
January 1, 2022 – December 31, 2022
Districts: 4, 6, 8, 9, and 16 in all boroughs
January 1, 2023 – December 31, 2023
Districts: 11, 12, 14, 15, and 17 in all boroughs
Subsequent inspections must be completed no later than December 31st within every fourth calendar year thereafter.
What if I don't have a gas piping system?
If your building doesn’t have a gas piping system, you’ll still be required to comply with this law.
Per the proposed rules, buildings without systems have to file a Certification (from a registered design professional*) stating the building contains no gas piping system.
Similarly to the 4-year inspection cycle, this certification would follow the same Community District schedule above. For example, Community District 1 in every borough would have to file the certification before December 31, 2020, and “within every fourth calendar year thereafter”.
*Important note – a registered design professional is either a registered architect or a professional engineer – NOT a licensed master plumber. That’s an important distinction. LMPs can perform the gas piping inspections (see below for more details), but can’t submit certifications for buildings without gas piping systems. This is confirmed in the DOB’s most recent service notice.
What is the inspection filing process?
LL152 inspections must occur within the calendar year denoted in the Inspection Cycle for those applicable buildings.
Within 30 days of the inspection, the licensed master plumber (LMP) must provide to the building owner a Gas Piping System Periodic Inspection Report (GPS1).
Within 60 days of the inspection, the OWNER must submit to DOB a Gas Piping System Periodic Inspection Certification (GPS2) signed and sealed by the LMP who conducted or supervised the inspection. GPS2 submission is to be completed by the Building Owner on the NYC Department of Buildings GPS2 submission portal. There is no filing fee. According to DOB, no login will be required but DOB reiterated that the law and rule state that the owner must submit the GPS2 form that has been completed by the LMP.
If the Inspection Certification submitted to DOB indicates that conditions requiring correction were identified in the Gas Piping System Periodic Inspection Report submitted to the owner, the owner must submit to DOB, within 120 days of the inspection, an Inspection Certification signed and sealed by the LMP who conducted the inspection, stating that the conditions have been corrected.
If the Inspection Certification submitted to DOB indicated that additional time was needed to correct the condition(s) identified in the Inspection Report, the owner must submit, within 180 days of the inspection, an Inspection Certification signed and sealed by an LMP stating that all conditions have been corrected.
Correction of conditions identified in the Inspection Report must be performed in compliance with the NYC Construction Codes, including obtaining any required work permits.
All reports and certifications must be kept on file by the inspection entity and the building owner for 10 years.
What must be inspected?LL152 requires all exposed gas piping from point of entry of gas piping into the building, including building services meters, and all gas piping in public spaces, hallways, corridors, and mechanical and boiler rooms. This does not include gas piping within apartments.
What if an unsafe or hazardous condition is observed?
If an inspection reveals any unsafe or hazardous condition(s), the Licensed Master Plumber (LMP) must immediately notify the building owner, the utility providing gas service to the building, and the NYC Department of Buildings (DOB). The building owner must take immediate action to correct the condition(s) in compliance with the New York City Construction Codes and any required permits.
LMPs should immediately report such conditions by calling 311 or by contacting the DOB Plumbing Enforcement Unit during regular business hours at (212) 393-2557.
Failure to file an Inspection Certification before the applicable due date may result in a civil penalty of $10,000.
What are my recordkeeping requirements?Building owners are required to retain the inspection reports for 10 years and the Licensed Master Plumber (LMP) who conducted the inspection should maintain reports for 10 years as well.
What are potential penalties for non-compliance?Failure to file an Inspection Certification before the applicable due date may result in a civil penalty of $10,000.00.
Can you complete a pre-inspection?There is no pre-inspection for an active gas piping system. If a Licensed Master Plumber (LMP) or their employee encounters any condition that can pose a hazard, they are obligated to take the required actions. If your LMP ignores a potentially hazardous condition, they are subject to both disciplinary actions against their license and criminal charges in the event there is a gas related incident related to their actions or inactions.
My building was already inspected by the Utility. Why do I also need an LL152 inspection?
The PSC has mandated that the Utilities must conduct inspections throughout NYC, and many NYC buildings have already undergone such inspections. The Utility inspects all of the exposed piping inside of a building up to a gas meter, wherever it is located. In some buildings, the Utility inspections may actually be more comprehensive than that required by LL 152.
Some buildings have already been inspected more than once, as the PSC requires certain districts to be inspected annually and others every other three years. If the DOB accepts the USDOT qualification as the qualification for LL152 and aligns other parts of the inspection process with the PSC requirements, then your building may only be subject to only one periodic inspection every five years.
Is An Air Pressure Test Required?No, a pressure test of the gas piping system is not needed to complete the inspection, nor is interruption of gas service to the building. However, it is imperative that the inspector is provided full access to all areas of the building where there is exposed gas piping.
If I smell gas around my piping or suspect there is a leak, what should I do?If you think you smell gas, you should leave the area and call 911. The fire department will respond and call in the Utility. These first responders are specially trained to look for possible gas leaks. It is also recommended that you DO NOT use your cell phone, flashlight, or any other electronic devices in an area where there may be a gas leak. DO NOT turn on any lights or operate any electrical appliances in that area.
How do I request an inspection?
How much will my inspection cost?Cost is based on many variables including number of gas meters, size of building, number of floors, accessibility to exposed gas piping, etc. Single meter inspections start at $795.
Who performs the Inspection?Inspections are performed by a trained and Department of Buildings (DOB)-qualified plumber who works under the direct and continuing supervision of a Licensed Master Plumber (LMP). The portable combustible gas detection devices used are approved by the NYS Department of Public Service.