reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter III - Division Of Central Operations › Subchapter D - Bureau Of Federal Property Assistance › Part 298 - Federal Surplus Property › Section 298.4 - Return of donated property

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Return of property by donee. When a determination has been made by the SASP
					 that property has not been placed into use by a donee within one year from the
					 date of receipt of the property, or when the donee has not used the property
					 for one year as a condition of donation and as certified to by the donee on the
					 donee pick-up notice (Form #CS404), if the property is still usable as
					 determined by the SASP, the SASP shall direct the donee to:
(1) retransfer the property directly to
					 another eligible donee (item will be listed as available through the SASP
					 website, toll free number or wish list inquiry;
(2) retransfer to another SASP;
(3) physically return the property, at donees
					 expense, to the location originally allocated; or
(4) make such other disposal, including by
					 sale, through GSA, if determined by the SASP that no other requirements exist
					 for the property.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter III - Division Of Central Operations › Subchapter D - Bureau Of Federal Property Assistance › Part 298 - Federal Surplus Property › Section 298.5 - Financing and service charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Financing.
(1) An annual internal service
					 fund appropriation is made by the State Legislature to the Office of General
					 Services to provide funding for the SASP.
(2) All program expenditures and
					 disbursements of the SASP are made by the Office of Financial Administration as
					 approved by OGS in accordance with FMR 102-37.55, 102-37.275 through
					 102-37.285, 102-37.495, 102-37.500, 102-37.505 and Education Law section
					 3712.
(3) All revenue generated by
					 the SASP through the assessment and collection of service charges is deposited
					 into this fund to annually offset all direct and reasonable indirect program
					 expenditures of the SASP. Service charge receipts from donees are accepted only
					 in the form of organizational checks or official State vouchers, and are
					 deposited and credited by the Office of Financial Administration.
(4) In the event that funds from service
					 charges are received in excess of the total of all program expenditures, these
					 funds may be put in a reserve account for up to three previous years of
					 operational expenses. Any subsequent service charges to donees will be reduced
					 to the extent necessary to offset any excess income. If this three year amount
					 is exceeded, we will lower the five percent service charge that is now in place
					 to two percent until such a time that the reserve account is back to the three
					 year limit.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter III - Division Of Central Operations › Subchapter D - Bureau Of Federal Property Assistance › Part 298 - Federal Surplus Property › Section 298.6 - Terms and conditions on donable property

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) The
					 SASP will require each eligible donee, as a condition of eligibility, to file
					 with the agency the appropriate application, a certification of eligibility and
					 an agreement to abide by certain terms and conditions as set forth by the GSA.
					 Each form must be signed by the chief executive officer of the donee, agreeing
					 to these requirements prior to the donation of any surplus property.
(2) In addition, the certification of
					 eligibility and terms and conditions will be printed on the reverse side of
					 each, executed to cover each donation transaction and signed by an authorized
					 representative of the donee (forms CS 403 and CS 404).
(3) The following periods of restriction are
					 established by the SASP on all items of property with a unit acquisition cost
					 of $5,000 or more, and on all passenger vehicles:
(i) passenger vehicles-18 months from the
					 date the property is placed in use;
(ii) items with a unit acquisition cost of
					 $5,000 or more -18 months from the date the property is placed in
					 use;
(iii) aircraft (except combat
					 type) and vessels (50 feet or more in length) - 60 months from the date the
					 property is placed in use. Donation of noncombat aircraft and vessels of 50' or
					 more in length shall be subject to the requirements of a Conditional Transfer
					 Document (CTD);
(iv) aircraft
					 (combat type) restricted in perpetuity. Donation of combat-type aircraft shall
					 be subject to the requirements of a conditional transfer document (form CS
					 408).
(4) The SASP will
					 impose or reinforce any and all conditions involving special handling or use
					 limitations set by the GSA due to the characteristics of the property
					 regardless of the unit acquisition cost.
(5) The SASP, at its discretion, and when
					 considered appropriate, may impose additional terms, conditions, reservations
					 and restrictions as it deems reasonable on the use of donable property beyond
					 what GSA and the FMR requires.
(6)
					 The SASP will impose on all donees the statutory requirement that all items
					 donated must be placed into use or, if the property ceases to be used for a
					 full year and the property is still usable, the property must be returned to
					 the SASP or otherwise transferred as the SASP shall direct.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter III - Division Of Central Operations › Subchapter D - Bureau Of Federal Property Assistance › Part 298 - Federal Surplus Property › Section 298.7 - Nonutilized donable property

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 All property in the possession of the SASP which cannot be utilized by eligible
					 donees shall be reported by the SASP to the GSA for disposal authorization in
					 accordance with 102-37.290-320. In accordance with this regulation, the SASP,
					 through GSA, shall:
(1) transfer the property
					 to another State or Federal agency;
(2) sell the property by public
					 sale;
(3) abandon or destroy the
					 property; or
(4) effect disposal by
					 other means as prescribed by GSA.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter III - Division Of Central Operations › Subchapter D - Bureau Of Federal Property Assistance › Part 298 - Federal Surplus Property › Section 298.8 - Fair and equitable distribution

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The SASP will make property available to
					 eligible donees in the State on a fair and equitable basis based on their
					 relative needs, resources and ability to utilize the property.
(b) Factors considered when providing for the
					 prompt, fair and equitable distribution of property are:
(1) Relative needs. In considering request of
					 potential recipients, the criteria for determining the relative needs will be:
(i) size and type of program
					 conducted;
(ii) contemplated use
					 and frequency of use;
(iii)
					 economic condition of agency, activity or institution;
(iv) critical or urgent need;
(v) geographical location (urban, suburban or
					 rural); and
(vi) interest and
					 expression of need on the part of the donee in the property
					 available.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter III - Division Of Central Operations › Subchapter D - Bureau Of Federal Property Assistance › Part 298 - Federal Surplus Property › Section 298.10 - Compliance and utilization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Scope
					 of compliance actions.
(1) The SASP shall
					 effect reviews of donee compliance with the terms, conditions, reservations and
					 restrictions applying to the use of property and on all items of property
					 having a unit government acquisition cost value of $5,000 or more, and any
					 passenger motor vehicle to verify that the donated property is placed into use
					 and continuously used for the full restriction period, for the purpose for
					 which it was acquired.
(2) Such
					 reviews and investigations will also include a review of donee compliance with
					 any special conditions or use limitations imposed on items of property by the
					 administrator of GSA, pursuant to FMR 102-37.460 through 102- 37.475 and
					 102-37.480 through 102-37.495, and as may be imposed by the State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter III - Division Of Central Operations › Subchapter D - Bureau Of Federal Property Assistance › Part 298 - Federal Surplus Property › Section 298.11 - Consultation with advisory bodies, public and private groups

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The SASP will
					 arrange for and participate in local, regional and statewide meetings of such
					 public and private organizations and associations representing public agencies,
					 education, public health and civil defense, to present information on the
					 program, discuss procedures and problems and to obtain recommendations as to
					 donee needs, resources and special requirements, the utilization of donable
					 property by donees, and the distribution of property to fill existing
					 needs.
(b) The SASP will regularly
					 provide and disseminate information on the donation program in the form of
					 bulletins, announcements, procedural circulars, property listings and other
					 informational media, including surveys of specific needs, to State and local
					 officials and to heads of nonprofit institutions and organizations.
(c) The SASP will survey (in consultation
					 with advisory bodies and public and private groups) eligible donees to provide
					 expressions of need for specific items so that the SASP may advise the GSA of
					 requirements for specific items of property to meet specific and unusual
					 needs.
(d)
(1) The SASP may establish an advisory board,
					 for the purpose of meeting periodically, reporting on the donation program, and
					 to obtain expressions of need and interest from eligible donees so that GSA may
					 be advised of such requirements, including requirements for specific items of
					 property.
(2) The membership of
					 such board would be composed of representatives of both public and private
					 donee agencies, institutions and organizations, and would include, but not be
					 limited to, representatives of the following activities:
(i) State: Education Department; Department
					 of Health.
(ii) Local: Associations
					 of city, county and town officials.
(iii) Nonprofit: Education; public health
					 organizations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter III - Division Of Central Operations › Subchapter D - Bureau Of Federal Property Assistance › Part 298 - Federal Surplus Property › Section 298.12 - Audits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An internal
					 audit of the operations and financial affairs of the SASP shall occur on a
					 periodic basis, but no less frequently than every two years. Such audit shall
					 be conducted by the Office of General Services Internal Audit Unit.
(b) In accordance with FMR 102-37.345 through
					 102-37.355, for each year in which the SASP receives $500,000 or more a year in
					 surplus property or other Federal assistance, it must be audited in accordance
					 with the Single Audit Act (31 U.S.C. 7501 -
					 7607) as implemented by Office of Management and Budget (OMB) Circular A-133,
					 (audits of States, Local Governments, and Non-Profit Organizations). It must
					 also furnish GSA a copy of any Single Audit Act report on the SASP, along with
					 any necessary corrective action steps, or minimally, the audit report page that
					 identifies the donation program, number 39.003, as being included in the total
					 Federal financial assistance figure.
(c) If the SASP donates $500,000 or more to a
					 (single) donee in a fiscal year, the SASP must ensure that the donee has an
					 audit performed in accordance with Circular A-133. Otherwise, the SASP is not
					 expected to assume responsibility for ensuring the donee meets audit
					 requirements.
(d) If an external
					 audit is conducted pursuant to Circular A-133, the SASP shall immediately upon
					 completion, furnish the GSA regional office with:
(1) two copies of any audit report made
					 pursuant to the circular, or with two copies of those sections that pertain to
					 the Federal Donation Program; and
(2) an outline of all corrective actions
					 taken with respect to any exceptions or violations indicated by the audit and
					 scheduled completion dates for actions. It is agreed that GSA may, for
					 appropriate reasons, conduct its own audit of the SASP following due notice to
					 the Governor of the reasons for such audit, and may visit the SASP for purposes
					 of reviewing the SASP's administrative and operational procedures and
					 records.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter III - Division Of Central Operations › Subchapter D - Bureau Of Federal Property Assistance › Part 298 - Federal Surplus Property › Section 298.13 - Cooperative agreements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Authority of the SASP to enter into cooperative agreements, as provided for by
					 title 40, United States Code - Public Buildings, Property, and Works, subtitle
					 I, chapter 5, section 549, is vested in the broad general language of section
					 3712 of the New York State Education Law (see section
					 298.2 of this Part) which states in
					 part that "the Commissioner of Education, or such other state officer as may be
					 designated by the Governor, is hereby authorized...... to do any and all acts
					 necessary to carry out the foregoing duties of such agency for surplus property
					 in accordance with
					 40 U.S.C.
					 549, and the rules and regulations of any of
					 the departments or agencies of the United States of America duly adopted in
					 accordance therewith."
(b) The SASP
					 will enter into such cooperative agreements with Federal agencies and other
					 State agencies as may be necessary in accordance with FMR 102-37.325 through
					 102-37.340 and 102-37.270. Such agreements may involve, but not be limited to:
(1) use of property by SASP;
(2) overseas property;
(3) use of Federal telecommunications
					 system;
(4) interstate transfers;
					 and
(5) others, as may be
					 necessary.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter III - Division Of Central Operations › Subchapter D - Bureau Of Federal Property Assistance › Part 298 - Federal Surplus Property › Section 298.14 - Liquidation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event,
					 or at the time, a determination has been made by State officials to liquidate
					 the SASP, a liquidation plan will be prepared in accordance with FMR 102-37.365
					 through 102-37.370 of the regulations.
(b) The liquidation plan shall include:
(1) reasons for liquidation;
(2) schedule for liquidating the SASP and
					 estimated date of termination;
(3)
					 method of disposal of any SASP physical and financial assets;
(4) retention of books and records for a
					 two-year period following liquidation; and
(5) designation of another governmental
					 entity to serve as the successor in function until continuing obligations on
					 property donated prior to the closing of the SASP are fulfilled.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter III - Division Of Central Operations › Subchapter D - Bureau Of Federal Property Assistance › Part 298 - Federal Surplus Property › Section 298.15 - Forms

Current through Register Vol. 46, No. 28, July 10, 2024
(FMR 102-37.205) Documents in use by the SASP to evidence
						the distribution of property to eligible donees are:
(a) Eligibility Application Form
					 #CS401
(b) Participation Agreement
					 and Designation of Authorized
Representatives Form Form #CS402
(c) Donee Pickup Notice Form #CS404
(d) Vessel Conditional Transfer Document Form
					 #CS407
(e) Combat Aircraft
					 Conditional Transfer Document Form #CS408
(f) Non-Combat Aircraft Conditional Transfer
					 Document Form #CS409
(g)
					 Nondiscrimination Assurance Form Form #CS410
(h) Invoice Document Form #CS413
(i) Utilization/Cannibalization Survey Form
					 Form #CS423
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter III - Division Of Central Operations › Subchapter D - Bureau Of Federal Property Assistance › Part 298 - Federal Surplus Property › Section 298.16 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All official
					 records of the SASP will be retained for a minimum period of three years,
					 provided that in cases involving property subject to restrictions for more than
					 two years, related records will be retained for one year beyond the specified
					 period of restriction.
(b) In cases
					 where property is in compliance status at the end of the period of restriction,
					 the related records shall be retained for at least one year after the
					 respective compliance case is officially closed.
(c) Records involving property with perpetual
					 restriction must be retained in perpetuity.
Summary of "Periods of Restriction and Records Retention
						Requirements" for donable property.
Property Item
Period of Restriction (POR)
Records Retention after POR
1. Combat configured aircraft
Perpetuity
Perpetuity
2. Firearms
Perpetuity
Perpetuity
3. Non-combat aircraft
5 years
3 years
4. Vessels (50 feet or more in length)
5 years
3 years
5. Motor vehicles and items with acquisition costs
								  of $5,000 or more
1 year plus additional State imposed restriction
								  period (usually six months)
3 years
6. Other property less than $5,000
1 year
3 years
7. Foreign gifts
10 years
3 years
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-1 - General › Section 300-1.1 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The State of New York, through the Office of General
						  Services, operates and manages various State offices and parking facilities
						  located throughout the State. In addition to being a workplace for portions of
						  the State workforce, certain Office of General Services' operated State
						  properties are made available to the public for other designated purposes. To
						  fulfill its statutory obligations, the Office of General Services must endeavor
						  to achieve a balance in providing equal access to the public and a suitable
						  working environment for the State workforce. In determining whether permission
						  for access and use of State facilities will be granted, the commissioner or his
						  or her designee may consider the health, welfare and safety of persons, the
						  security and maintenance of the State property and the normal conduct of State
						  operations and such other considerations as provided herein. This rule is
						  intended to be used to protect the public safety, grant equal access to State
						  property to all citizens, to maintain an orderly environment in which to
						  conduct State business and preserve the assets of the People of the State of
						  New York, all in a manner which does not impinge on the constitutional rights
						  of free speech and assembly. Therefore, to enhance and promote a suitable
						  environment for the use and enjoyment of State property operated by the Office
						  of General Services, the rules and regulations set forth in this Chapter are
						  hereby established to govern the conduct of the users of State
						  property.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-1 - General › Section 300-1.2 - Definition of terms

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Chapter, the following terms
						  shall mean and include the meanings expressly set forth in this section, unless
						  otherwise expressly defined:
(a)
						Applicant shall mean any person or organization submitting an application for
						the use of State property or for conducting activities regulated under these
						rules.
(b) Commercial tenant shall
						mean an entity, other than a tenant agency, that has been allocated space on
						State property pursuant to a lease or other agreement with the
						office.
(c) Commissioner shall mean
						the Commissioner of General Services or his designee, including, where
						indicated by the context herein, a facility manager.
(d) Deadly weapon shall mean any loaded
						weapon, from which a shot, readily capable of producing death or other serious
						physical injury may be discharged, or a switchblade knife, [gravity knife],
						pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic
						knuckles, [or] metal knuckles, or other deadly weapon as defined by section 10.00 (12)  of the Penal Law.
(e)
						Disability shall mean:
(1) a physical, mental
						or medical impairment resulting from anatomical, physiological, genetic or
						neurological conditions which prevents the exercise of a normal bodily function
						or is demonstrable by medically accepted clinical or laboratory diagnostic
						techniques;
(2) a record of such an
						impairment; or
(3) a condition
						regarded by others as such an impairment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-1 - General › Section 300-1.3 - Construction of terms

Current through Register Vol. 46, No. 28, July 10, 2024
Terms contained in this Chapter shall be construed as
						  follows:
(a) The singular shall
						include the plural.
(b) The
						masculine shall include the feminine and neuter.
(c) The prohibition of any act shall extend
						to and include an attempt to commit such act and the causing and/or the
						procuring directly or indirectly, of such act.
(d) No provision contained in this Chapter
						shall cause to be deemed unlawful any act performed by an officer or employee
						of the office or the State Police in the line of duty or in the scope of
						employment, or any act performed by a person, his agents, or employees in the
						proper performance or execution of the terms of an agreement with the
						office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-1 - General › Section 300-1.4 - Territorial application

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Chapter shall be effective
						  within, upon, under, and in the airspace above all State property that is
						  presently or shall in the future be under the jurisdiction, custody or control
						  of the office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-1 - General › Section 300-1.5 - Authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to
						its other statutory authorities, the State Police is hereby authorized to take
						such action as may reasonably be necessary to maintain order, safety, and
						security on State property.
(b)
						Designated representatives of the office or the State Police, such as, but not
						limited to security guards, shall have the authority to prevent trespass, theft
						or damage, and to maintain order on State property.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-1 - General › Section 300-1.6 - Security measures

Current through Register Vol. 46, No. 28, July 10, 2024
The admittance of persons to State property and the
						  continued presence of persons on State property, or within certain designated
						  areas thereof, shall be contingent upon the submission of all persons to the
						  office's then applicable security measures. These measures may include, but
						  shall not be limited to, exhibition of appropriate personal identification as
						  prescribed by the commissioner at all times while on State property and the
						  recordation of their entry and exit.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-1 - General › Section 300-1.7 - Partial invalidity

Current through Register Vol. 46, No. 28, July 10, 2024
If any part, section, subdivision, paragraph or
						  provision of this Chapter shall be determined to be invalid, such determination
						  shall apply only to that particular part, section, subdivision, paragraph or
						  provision, and all other provisions of this Chapter shall remain valid and in
						  effect, without limitation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-1 - General › Section 300-1.8 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to any other civil or criminal penalty that
						  may be provided by law, the violation of one or more of these rules may result
						  in the removal of the violator from the State property as well as the banning
						  or confiscation of the object prohibited by the rules. Where the violation
						  indicates a likelihood of a future threat to health, safety or welfare of the
						  facility inhabitants, the violator may be barred from reentering the facility
						  for a stated period of time, to be determined by the
						  commissioner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-2 - Administrative Rules › Section 300-2.1 - Designated agency official

Current through Register Vol. 46, No. 28, July 10, 2024
Each tenant agency shall provide the commissioner with
						  the name, address and telephone numbers of at least three authorized
						  representatives to be notified in the event of an emergency and shall ensure
						  that such information is up to date at all times.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-2 - Administrative Rules › Section 300-2.2 - Hanging or attaching material

Current through Register Vol. 46, No. 28, July 10, 2024
No pictures, plaques, bulletin boards or other items
						  may be hung in or on State facilities except as authorized by the commissioner.
						  Materials shall not be pinned, taped or attached to finished surfaces in or on
						  State facilities. No window decorations, sprays or "frosting" materials shall
						  be placed in or on State facilities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-2 - Administrative Rules › Section 300-2.3 - Vendors, modifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						The commissioner shall be advised of all services rendered by vendors on State
						property relating to building maintenance, rehabilitation or construction.
						Prior to commencement of work, all vendors shall meet with the commissioner and
						be issued appropriate vendor identification cards. Further, whenever performing
						services on State property, all vendor employees, agents and subcontractors
						must sign in and out of State facilities with the commissioner.
(b) No modification to State property,
						including additions, deletions or changes in partitions, floor coverings, water
						fountains, installation or operation of special equipment (power equipment,
						communications equipment, security systems, or EDP facilities), shall be
						commenced until permission has been granted by the commissioner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-2 - Administrative Rules › Section 300-2.4 - Movement of materials and equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Tenant agencies and commercial tenants
						may not undertake the movement of large pieces or quantities of materials,
						equipment or furniture without the prior approval of the commissioner. All
						moves must be performed in accord with all applicable safety procedures and
						shall not interfere with the normal operations on State property.
(b) All dollies, hand trucks or similar
						equipment used on State property must have rubber tires, side rails and/or
						bumpers.
(c) Where available,
						freight elevators shall be used for all large, heavy, or cumbersome articles.
						Passenger elevators may only be used for freight with the permission of the
						commissioner and only when proper padding has been installed. Tenant agencies
						and commercial tenants must request permission for after hours use or extended
						use of elevators during business hours at least 48 hours in advance.
(d) Each tenant agency is responsible for the
						security, handling and movement of any property delivered or picked up on State
						property. Property delivered to loading docks or other areas of State property
						shall be removed promptly by the receiving tenant agencies or commercial
						tenants unless otherwise authorized by the commissioner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-2 - Administrative Rules › Section 300-2.5 - Air outlets, windows

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Radiator
						covers, air outlets, air exchangers or light fixtures shall not be covered or
						obstructed in State facilities. Materials covering or obstructing such surfaces
						will be removed by building personnel.
(b) No windows may be opened in
						air-conditioned State facilities without the prior approval of the
						commissioner.
(c) No window
						treatments, curtains, draperies, Venetian blinds or decorations may be added to
						State facilities without the prior authorization of the commissioner.
(d) No tenant agency or commercial tenant may
						adjust or modify thermostats in State facilities. Tenant agencies may request
						such adjustments through their agency contact by notification to the
						appropriate utility or maintenance personnel.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-2 - Administrative Rules › Section 300-2.6 - Expansion joints

Current through Register Vol. 46, No. 28, July 10, 2024
No furniture, carpeting, machinery or equipment shall
						  be placed over any expansion joint on State property in a manner that will
						  hinder the movement of that joint.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-2 - Administrative Rules › Section 300-2.7 - Locks, keys, security areas

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
						Installations of internal locks may only be performed by office maintenance
						personnel upon the submittal of a work order request and approval by the
						commissioner.
(b) Tenant agencies
						and commercial tenants must ensure at all times that the office has keys for
						all locks on State property allocated to them. Keys for locks on State property
						shall not be duplicated except by the commissioner.
(c) Tenant agencies must ensure that the
						commissioner is informed 48 hours in advance of any special requirements
						concerning after-hours cleaning and/or maintenance of security areas.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-2 - Administrative Rules › Section 300-2.8 - Personal property

Current through Register Vol. 46, No. 28, July 10, 2024
The office assumes no liability for loss or damage to
						  personal property brought onto State property. Personal property should be
						  adequately secured by the owner at all times.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-2 - Administrative Rules › Section 300-2.9 - Storage of hazardous materials

Current through Register Vol. 46, No. 28, July 10, 2024
The storage, transportation or use of hazardous
						  materials must be in accordance with the manufacturers' safety data sheet and
						  all applicable standard practices, guidelines or rules. Radioactive materials
						  must be stored, used and transported in accord with all applicable State and
						  Federal statutes, rules, regulations or other governing directives.
						  Specifically, all tenant agencies and commercial tenants must comply with
						  chapter 27 of the Fire Code of New York State, as codified section
						  1225.1 of Title 19 NYCRR. Tenant
						  agencies and commercial tenants in possession of any amounts of hazardous
						  materials identified in tables 2703.1.1(1) through 2703.1.1(4) of chapter 27 of
						  the Fire Code of New York State, as codified by section
						  1225.1 of Title 19 NYCRR shall
						  report annually the quantity and locations of those hazardous materials to the
						  appropriate facility manager. Special authorization for storage, transportation
						  or use shall be required for any hazardous materials that may pose a risk to
						  the health and safety of persons or property. The commissioner shall be
						  notified immediately after notification of the State Police of any incident
						  involving hazardous or radioactive materials. An incident shall be deemed to
						  include any circumstance that poses a danger to persons or property, or
						  requires investigation and/or action by appropriate authorities. The
						  commissioner reserves the right to order the removal of any hazardous or
						  radioactive materials at the cost of the State agency, person or entity
						  responsible for such materials.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-2 - Administrative Rules › Section 300-2.10 - Fire and life safety

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Tenant
						agencies and commercial tenants must comply with all provisions of the Fire
						Code of New York State, as codified by of section
						1225.1 of Title 19 NYCRR, on State
						property. Corridors, stairways, lobbies, elevator lobbies, passageways, ramps
						or tunnels shall not be used for storage or any other purpose that restricts or
						obstructs their safe use. Barriers, locks, access systems, or fastening devices
						must be authorized by the commissioner and must be installed to allow occupants
						to exit in the event of any fire or other emergency. Exit doors, signs and
						passageways shall be unobstructed and clearly visible at all times. The
						commissioner reserves the right to remedy conditions that are detrimental to
						the health, safety or welfare of the tenants or visitors, which remedial action
						may include the removal of obstructing materials or equipment. The cost of such
						remediation may be billed to the responsible tenant agency, firm or person.
						Upon 30 days' written notification to the responsible tenant agency, firm or
						person, the property will be disposed of as State surplus property in
						accordance with applicable statutes.
(b) Appliances shall not be brought into
						State facilities unless authorized by the commissioner. Approved appliances
						must be connected directly to an electrical outlet or fused power strip.
						Extension cords with multi-plug adapters, splices or repairs are prohibited.
						The commissioner may rescind any prior authorization if he determines an
						appliance has become unsafe or is being used in an unsafe manner. The
						commissioner reserves the right to remove any unsafe appliances or equipment
						from State property. Upon 30 days' written notification to the responsible
						tenant agency, firm or person, such property may be disposed of as State
						surplus property in accordance with applicable statutes.
(c) Regular fire safety inspections will be
						conducted at all State facilities. Evacuation plans will be issued to tenant
						agencies for all State facilities. Tenant agencies must cooperate with the
						office and its agents in the scheduling of, and fully participate in, the
						conduct of regular evacuation drills. To facilitate such participation, tenant
						agencies must support and maintain a tenant safety organization and also
						appoint persons to such fire and life safety leadership positions as may be
						deemed appropriate by the office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-2 - Administrative Rules › Section 300-2.11 - Seasonal decorations

Current through Register Vol. 46, No. 28, July 10, 2024
Lighted seasonal decorations are permitted on State
						  property provided the lights contain an Underwriters Laboratory or Fire
						  Underwriters label and are thoroughly inspected by the users for frayed or
						  broken wires or other defects before use. All trees must be made of fire
						  retardant materials and bear the Underwriters Laboratory label. Natural trees
						  that are approved by the commissioner may only be permitted inside a building
						  in accordance with the provisions of section 804 of the Fire Code of New York
						  State, as codified by section
						  1225.1 of Title 19 NYCRR. All
						  decorations must be non-combustible. No trees shall obstruct corridors, exit
						  ways, or other means of egress. The commissioner may remove any decorations or
						  trees found on State property in violation of this section. Upon 30 days'
						  written notification to the responsible tenant agency, firm or person, such
						  property will be disposed of as State surplus property in accordance with
						  applicable statutes. Notwithstanding the provisions herein, a facility manager
						  may impose more stringent restrictions on the use and permitted location of
						  seasonal decorations as deemed necessary.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-2 - Administrative Rules › Section 300-2.12 - Cooking in and around buildings

Current through Register Vol. 46, No. 28, July 10, 2024
No cooking appliances including, but not limited to,
						  domestic and commercial ranges/ovens, electric hot plates and portable
						  gas-fueled units, shall be installed or used and no open flame of any nature
						  shall be permitted on State property, except with the approval of the
						  commissioner. The commissioner reserves the right to require the installation
						  and use of appropriate and code compliant fire suppression, fire extinguishing
						  and ventilation systems. The commissioner reserves the right to order the
						  removal, discontinuation or alteration of any cooking event or activity to
						  preclude creation of any discomfort to tenants or visitors or disruption of any
						  activity on State property.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-2 - Administrative Rules › Section 300-2.13 - Introduction or removal of personal property

Current through Register Vol. 46, No. 28, July 10, 2024
No State-owned or leased personal property shall be
						  removed from State property or any State facility without authorization from
						  the appropriate tenant agency. The commissioner reserves the right to inspect
						  any personal property being brought into or removed from a facility or State
						  property. The commissioner reserves the right to prohibit the introduction or
						  removal of personal property upon due cause.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-2 - Administrative Rules › Section 300-2.14 - Building specific rules

Current through Register Vol. 46, No. 28, July 10, 2024
Each facility manager or his designee is authorized to
						  establish rules consistent with this Part specific to his or her assigned
						  facility to enhance the efficient and orderly operation of the facility or
						  reasonably necessary to maintain order, security and safety of the State
						  property, its occupants or visitors.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 300 - Facility Use › Subpart 300-3 - Prohibited And Controlled Activities › Section 300-3.1 - Prohibited activities

Current through Register Vol. 46, No. 28, July 10, 2024
The activities and uses enumerated in this section
						  shall be prohibited on all State property.
(a) Littering. No person shall litter. All
						persons shall use receptacles provided for the disposal of refuse. No person
						shall deposit household or commercial refuse on State property.
(b) Destruction or abuse of property or
						equipment. No person shall injure, deface, alter, write upon, destroy, remove
						or tamper with in any way, any real or personal property or equipment
						including, without limitation, vegetation, owned by, or under the jurisdiction
						of, the office.
(c) Failure to
						comply with directions. No person shall fail to comply with a lawful order of
						any police officer, security guard, or authorized employee of the office or the
						direction of any sign erected by or at the direction of the office.
(d) Disorderly behavior. A person who commits
						any of the following actions shall be deemed to be engaging in disorderly
						behavior in violation of these rules when such person:
(1) engages in a course of conduct or commits
						acts that unreasonably alarm or seriously annoy another person;
(2) throws stones, other objects or missiles
						which may inflict bodily injury or damage to persons or property;
(3) obstructs vehicular or pedestrian
						traffic;
(4) climbs upon any wall,
						fence, structure or monument;
(5)
						engages in or encourages fighting or violent or threatening behavior;
(6) engages in a course of conduct or commits
						acts that endangers the safety of others or creates an unreasonable risk of
						damage to real or personal property;
(7) deposits bodily wastes upon grounds or
						other surfaces;
(8) except if
						authorized by a permit pursuant to section
						300-2.2(d) of this
						Part, makes or causes noise at a rate of over 95 decibels outdoors or 90
						decibels indoors for an unreasonable period of time;
(9) throws away or discards any lighted
						match, cigar, cigarette, charcoal or other burning object other than in a
						receptacle provided for that purpose;
(10) operates any wheeled vehicle,
						snowmobile, or other equipment in such a manner as to endanger other persons or
						property or in such a manner so as to create an unreasonable noise or
						disturbance;
(11) swims or wades in
						any pool or fountain.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 301 - Use Of State Property › Section 301.1 - Applicability, policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
					 policy of the Office of General Services to encourage the use of public space
					 within State property. It shall be the general policy of the Office of General
					 Services to limit the use of State property, within constitutional constraints,
					 to preclude certain commercial activity and any illegal activity.
(b) The rules and procedures set forth in
					 this Subpart apply to the use of public space within State property, other than
					 uses sponsored or co-sponsored by the office.
(c) The use of State facilities within the
					 Empire State Plaza at Albany under a license issued by the commissioner acting
					 in a proprietary capacity through the OGS Convention Center is not governed by
					 this Subpart.