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ANNUAL TENANT SAFETY NOTICES – SIMPLIFIED! OCTOBER 1, 2015
Presentation Overview
n Annual Tenant Safety Notices n General Information
n Fire Safety Guides n Window Guards n Lead Paint
n Legal Requirements and Penalties
n Mailings Process n SiteCompli Annual Tenant Safety Notice System
n Best Practices
What are Annual Tenant Safety Notices?
NYC requires that all tenants receive the following annually: • Fire Safety Guides • Window Guard Notices • Lead Paint Notices
You are responsible for: • Ensuring all tenants are sent the required forms and information • Tracking and storing all tenant responses and follow-up efforts • Any work to be completed as responses are received: inspections for
lead paint and any required window guard installations • Notifying the Department of Health and Mental Hygiene (DOHMH)
in any case where you are unable to determine if a child lives in a unit • Maintaining records of sent mailings, follow-up efforts and tenant
responses for 10 years to avoid penalties and criminal liability
Part I: Building-Specific Information • Combustible vs. Non-Combustible • Construction Year & Number of Floors • Fire Alarm & Sprinkler Information • Means of Egress • Must be Posted in Building Common Areas
Governed by Rules of the City of NY Title 3 §408-02 Residential Fire Safety Guides and Notices. Composed of two sections:
Fire Safety Guides
Part II: Fire Emergency Information • FDNY Contact Information • Instructions for Fire Emergencies and Fire Prevention • Must be Posted in Building Common Areas
Fire Safety Notices
n Developed by the FDNY as a quick reference in emergency situations
n Different depending on construction type: combustible or non-combustible n Leave unit via safest route possible (combustible) n Stay in unit (non-combustible)
n Must be posted in common areas of building n Must be attached to inside surface of all apartment
entrance doors n Very similar, but separate from the annual mailing
FIRE SAFETY NOTICE
IN THE EVENT OF FIRE, STAY CALM. NOTIFY THE FIRE DEPARTMENT ANDFOLLOW THE DIRECTIONS OF FIRE DEPARTMENT PERSONNEL. IF YOUMUST TAKE IMMEDIATE ACTION, USE YOUR JUDGMENT AS TO THESAFEST COURSE OF ACTION, GUIDED BY THE FOLLOWING INFORMATION:
YOU ARE IN A NON-COMBUSTIBLE (FIREPROOF) BUILDING
If The Fire Is In Your Apartment
• Close the door to the room where the fire is and leave the apartment.
• Make sure EVERYONE leaves the apartment with you.
• Take your keys.
• Close, but do not lock, the apartment door.
• Alert people on your floor by knocking on their doors on your way to the exit.
• Use the nearest stairwell to leave the building.
• DO NOT USE THE ELEVATOR.
• Call 911 once you reach a safe location. Do not assume the fire has been reportedunless firefighters are on the scene.
• Meet the members of your household at a pre-determined location outside thebuilding. Notify the firefighters if anyone is unaccounted for.
If The Fire Is Not In Your Apartment
• Stay inside your apartment and listen for instructions from firefighters unlessconditions become dangerous.
• If you must exit your apartment, first feel the apartment door and doorknob for heat.If they are not hot, open the door slightly and check the hallway for smoke, heat orfire.
• If you can safely exit your apartment, follow the instructions above for a fire in yourapartment.
• If you cannot safely exit your apartment or building, call 911 and tell them youraddress, floor, apartment number and the number of people in your apartment.
• Seal the doors to your apartment with wet towels or sheets, and seal air ducts or otheropenings where smoke may enter.
• Open windows a few inches at top and bottom unless flames and smoke are comingfrom below.
• Do not break any windows.
• If conditions in the apartment appear life-threatening, open a window and wave atowel or sheet to attract the attention of firefighters.
• If smoke conditions worsen before help arrives, get down on the floor and take shortbreaths through your nose. If possible, retreat to a balcony or terrace away from thesource of the smoke, heat or fire.
FIRE SAFETY NOTICE
IN THE EVENT OF FIRE, STAY CALM. NOTIFY THE FIRE DEPARTMENT ANDFOLLOW THE DIRECTIONS OF FIRE DEPARTMENT PERSONNEL. IF YOUMUST TAKE IMMEDIATE ACTION, USE YOUR JUDGMENT AS TO THESAFEST COURSE OF ACTION, GUIDED BY THE FOLLOWING INFORMATION:
YOU ARE IN A COMBUSTIBLE (NON-FIREPROOF) BUILDING
If The Fire Is In Your Apartment
• Close the door to the room where the fire is and leave the apartment.
• Make sure EVERYONE leaves the apartment with you.
• Take your keys.
• Close, but do not lock, the apartment door.
• Alert people on your floor by knocking on their doors on your way to the exit.
• Use the nearest stairwell to leave the building.
• DO NOT USE THE ELEVATOR.
• Call 911 once you reach a safe location. Do not assume the fire has been reportedunless firefighters are on the scene.
• Meet the members of your household at a pre-determined location outside thebuilding. Notify the firefighters if anyone is unaccounted for.
If The Fire Is Not In Your Apartment
• Feel your apartment door and doorknob for heat. If they are not hot, open the doorslightly and check the hallway for smoke, heat or fire.
• Exit the apartment and building if you can safely do so, following the instructionsabove for a fire in your apartment.
• If the hallway or stairwell is not safe because of smoke, heat, or fire and you haveaccess to a fire escape, use it to exit the building. Proceed cautiously on the fireescape and always carry or hold onto small children.
• If you cannot use the stairs or the fire escape, call 911 and tell them your address,floor, apartment number and the number of people in your apartment.
• Seal the doors to your apartment with wet towels or sheets, and seal air ducts or otheropenings where smoke may enter.
• Open windows a few inches at top and bottom unless flames and smoke are comingfrom below.
• Do not break any windows.
• If conditions in the apartment appear life-threatening, open a window and wave atowel or sheet to attract the attention of firefighters.
• If smoke conditions worsen before help arrives, get down on the floor and take shortbreaths through your nose. If possible, retreat to a balcony or terrace away from thesource of the flames, heat or smoke.
Fire Safety Notices
Window Guard Notices
n Regulated by the DOHMH under Window Guard Regulations of the City of NY 6-30-91- Chapter 12 §12-03: Annual Notice
n Must be sent to residents and employees in buildings with 3 or more units
n Window Guards must be installed in units with children 10 years or younger n This applies uniformly to condos, co-ops, and rentals n Some exceptions for fire escape windows, 1st floor
windows needed for egress, and permanently installed AC units
Lead Paint Notices
n Regulated by the DOHMH under Local Law 1/2004 §27-2056.4 Owner Responsibility to Notify Occupants and Investigate
n Must be sent to residents and employees in buildings with 3 or more units built prior to January 1, 1960
n Lead paint inspections must be completed in units with children 6 years or younger n This applies uniformly to condos, co-ops, and rentals n Few exceptions include: buildings granted exemption by
ERA and HPD, and owner-occupied condos or co-ops, where the liability shifts to the individual owner
Lead Paint Record Production Order
Annual Safety Notices Overview
Required Send Date
Response required?
Agency Required for whom?*
Lead Paint Notices
By January 15 Response required from tenant
Dept. of Health and Mental Hygiene (DOHMH)
Any residential building built pre-Jan. 1, 1960 and has 3+ units
Window Guards By January 15 Response required from tenant
Dept. of Health and Mental Hygiene (DOHMH)
Any residential building with 3+ units
Fire Safety Guides (Plan)
By January 15**
None required
FDNY Any building with 3+ units
*Exceptions for Window Guard Notices: Fire escape windows, 1st floor windows where the window is a secondary means of egress, and windows with permanently installed air conditioner units *Exceptions for Lead Paint Notices: Buildings or units with EPA/HPD exemptions because they have been gut-renovated and are certified lead-free, and owner-occupied condos or coops (the liability is shifted to the individual unit owner) **Can also be sent during Fire Safety Week in October
The costs of non-compliance are real and escalating:
Major Penalties for Non-Compliance
Agency Violation Cost Knowingly Failing to Comply:
Lead Paint Notices DOHMH
• Up to $1,500 per violation
• $500 fine • Misdemeanor charge and/or
6 month imprisonment
Window Guards DOHMH • Up to $500 per violation
• $500 fine • Misdemeanor charge and/or
6 month imprisonment
Fire Safety Guides FDNY
• Up to $5,000 per violation
• Additional civil penalties
• $10,000 fine • Misdemeanor charge and/or
6 month imprisonment
In addition, there are incalculable financial and criminal risks in the case of an incident – from increased insurance rates to jail time.
Fire Safety Guide Violation Example
Tue, Sep 2, 2014 01:47 PM
NYCServ Violation CopyInternet
Tue, Sep 2, 2014 01:47 PM
NYCServ Violation CopyInternet
Tue, Sep 2, 2014 01:47 PM
NYCServ Violation CopyInternet 11378094L
How Can SiteCompli Help?
n Industry leading compliance expertise n We know NYC compliance inside and out and our expert team will help
ensure that you achieve full compliance and eliminate risk to your portfolio
n Simple, turnkey solution n We handle it all – from printing, postage and mailing, to collecting and
storing responses – we take on the administrative hassle so you don’t have to
n Superior Technology / Superior Product § Our solutions drive the highest tenant response
rates in the industry § Integration with all other portfolio compliance
items, including dedicated workflow tools for instant follow-up, reporting and analysis
§ Complete, real-time visibility into all tenant responses and maintenance statuses
Best Practices
Make sure you’re aware of your responsibility and liability
Start early!
Formulate a plan for response follow-up, including maintenance tasks and maximizing response rates