S T A T E   O F   N E W   Y O R K
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                                  5159

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced by M. of A. BRENNAN, MARKEY, ROSENTHAL, HEVESI, BROOK-KRASNY,
  LENTOL, MILLMAN, MAISEL, CLARK, COLTON, CAMARA, BENEDETTO, CYMBROWITZ,
  GOTTFRIED,  ROBINSON,  DINOWITZ, JAFFEE, CRESPO, WEPRIN -- Multi-Spon-
  sored by -- M. of A. GLICK, JACOBS, V. LOPEZ, PERRY -- read  once  and
  referred to the Committee on Cities

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to enacting the New York city department of buildings  commu-
  nity accountability act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings.  The  legislature  hereby  finds  and
declares  that  the  health  and  safety of the population living in and
around the many construction projects within the densely populated  city
of  New  York  is  a matter of state concern as pressure mounts to build
more and more while completing projects in the shortest  time  possible.
Construction  is  the  most  dangerous occupation, with death rates four
times  the  average  for  other  workers  and  conditions  adjacent   to
construction sites dangerous to the public.
  A comprehensive public reporting system for the tracking of accidents,
vacate orders, safety violations, and enforcement actions of the depart-
ment of buildings is an essential component of assuring greater account-
ability  and  transparency in assuring compliance with the building code
and the zoning resolution to improve public safety.
  S 2. This act shall be known and may be cited as the  "New  York  city
department of buildings community accountability act".
  S 3. Section 28-103.18.1 of the administrative code of the city of New
York,  as  added  by local law number 33 of the city of New York for the
year 2007, is amended to read as follows:
  S 28-103.18.1 Complaint records. The department shall keep records  of
complaints  made  by  any  person  in reference to any building or other
matter under the jurisdiction of the department.    Recorded  complaints

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00869-02-3
              

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shall include the name and residence of the complainant, the name of the
person  complained  of,  the  date of the entry of the complaint and any
suggested remedies. Except for entries of names and  residences  of  the
complainants,  such  records shall be made available for public examina-
tion.  RECORDS ON ACCIDENTS, UNSAFE BUILDING ORDERS, AND  VACATE  ORDERS
SHALL  BE  POSTED  ON THE DEPARTMENT'S INFORMATION WEBSITE MAINTAINED BY
THE CITY OF NEW YORK, SUBJECT TO SUCH REGULATIONS  AS  THE  COMMISSIONER
SHALL PRESCRIBE.
  S  4.  The  administrative  code of the city of New York is amended by
adding a new section 28-103.18.2 to read as follows:
  S 28-103.18.2 RECORDS OF CONSTRUCTION AND  BUILDING  ACCIDENTS.    THE
DEPARTMENT  SHALL  MAINTAIN  A  RECORD  OF ALL CONSTRUCTION AND BUILDING
ACCIDENTS RESULTING IN EITHER INJURY OR DEATH TO PERSONS  OR  DAMAGE  TO
PROPERTY  ARISING  OUT  OF VIOLATIONS OF THE BUILDING CODE.  SUCH RECORD
SHALL BE POSTED ON THE DEPARTMENT'S INFORMATION  WEBSITE  MAINTAINED  BY
THE  CITY  OF  NEW YORK, SUBJECT TO SUCH REGULATIONS AS THE COMMISSIONER
SHALL PRESCRIBE. THE COMMISSIONER  SHALL  CAUSE  SUCH  ACCIDENTS  TO  BE
INVESTIGATED  AND  A WRITTEN REPORT PREPARED REGARDING THE CIRCUMSTANCES
OF THE ACCIDENT.
  S 5. The administrative code of the city of New  York  is  amended  by
adding a new section 28-201.5 to read as follows:
  S 28-201.5 MONTHLY REPORTS TO COMMUNITY BOARDS AND BOROUGH PRESIDENTS.
THE  DEPARTMENT  SHALL PROVIDE A MONTHLY REPORT ON DEPARTMENT ACTIONS TO
EACH COMMUNITY BOARD, FOR DEPARTMENT ACTIONS WITHIN SUCH BOARD,  AND  TO
THE BOROUGH PRESIDENTS, FOR ACTIONS IN THE BOROUGH OF EACH BOROUGH PRES-
IDENT.  SUCH  REPORT  SHALL  INCLUDE  THE STATUS OF ALL VIOLATIONS, BOTH
ENVIRONMENTAL CONTROL BOARD AND DEPARTMENT VIOLATIONS, ISSUED WITHIN THE
RESPECTIVE COMMUNITY BOARD  AND  BOROUGH.  THE  REPORT  SHALL  SHOW  ALL
OUTSTANDING  VIOLATIONS, VIOLATIONS CORRECTED DURING THE MONTH, ENFORCE-
MENT ACTIONS COMMENCED, AND  THE  DISPOSITION  OF  ENFORCEMENT  ACTIONS,
WITHIN THE PERIOD. SUCH ENFORCEMENT ACTIONS SHALL INCLUDE COURT ACTIONS,
PADLOCK ORDERS, EMERGENCY REPAIR ORDERS, AND ENVIRONMENTAL CONTROL BOARD
ACTIONS  AND  ORDERS,  INCLUDING  FINES  AND PENALTIES. THE REPORT SHALL
FURTHER SHOW ALL UNSAFE BUILDING ORDERS, VACATE ORDERS,  AND  STOP  WORK
ORDERS.  SUCH  REPORT  SHALL  BE  PROVIDED TO THE BOARDS AND THE BOROUGH
PRESIDENTS IN A CLEAR AND CONSISTENT FORMAT TO  ENABLE  A  COMPLETE  AND
ACCURATE TRACKING OF DEPARTMENT ACTIONS.
  S  6.  The  administrative  code of the city of New York is amended by
adding a new section 28-207.6 to read as follows:
  S 28-207.6 INVESTIGATION AND REPORT; DANGEROUS BUILDING, NUISANCE  AND
ORDER  TO  VACATE. WHENEVER THE DEPARTMENT HAS ISSUED AN ORDER REGARDING
ANY DANGEROUS BUILDING, PLACE, OR THING, OR ANY NUISANCE, OR  ANY  ORDER
TO  VACATE  ANY BUILDING, STRUCTURE, PLACE, OR PREMISES, OR FOR ANY SUCH
BUILDING, STRUCTURE, PLACE, OR PREMISES TO BE SEALED AND/OR SECURED, THE
COMMISSIONER SHALL CAUSE THE CIRCUMSTANCES REGARDING SUCH  ORDER  TO  BE
INVESTIGATED, AND A WRITTEN REPORT PREPARED. SUCH REPORT SHALL BE AVAIL-
ABLE  FOR PUBLIC EXAMINATION, AND POSTED ON THE DEPARTMENT'S INFORMATION
WEBSITE MAINTAINED BY THE CITY OF NEW YORK, PURSUANT TO SUCH REGULATIONS
AS THE COMMISSIONER MAY PRESCRIBE.
  S 7. Section 28-118.1 of the administrative code of the  city  of  New
York,  as  added  by local law number 33 of the city of New York for the
year 2007, is amended to read as follows:
  S 28-118.1 General provisions. No building or open lot shall  be  used
or occupied without a certificate of occupancy issued by the commission-
er.  Issuance of a certificate of occupancy shall not be construed as an

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approval of a violation of the provisions  of  this  code  or  of  other
applicable laws and rules.
  NO  CERTIFICATE  OF  OCCUPANCY  SHALL  BE  ISSUED FOR A NEW OR ALTERED
BUILDING UNLESS PAYMENT HAS BEEN MADE OF ALL OUTSTANDING  FINES,  PENAL-
TIES, AND JUDGMENTS ARISING OUT OF DEPARTMENT VIOLATIONS ASSOCIATED WITH
THE  PROPERTY,  INCLUDING  BUT  NOT  LIMITED  TO  VIOLATIONS  ISSUED  IN
CONNECTION WITH ANY CONSTRUCTION, EXCAVATION OR DEMOLITION WORK.
  S 8. The administrative code of the city of New  York  is  amended  by
adding a new section 28-104.10 to read as follows:
  S 28-104.10 COMMUNITY BOARD NOTIFICATION OF PLAN APPROVAL. 1. A.  WHEN
AN  APPLICATION  FOR  APPROVAL  OF PLANS SUBMITTED TO THE DEPARTMENT HAS
BEEN APPROVED FOR A NEW BUILDING, THE DEPARTMENT SHALL NOTIFY THE COMMU-
NITY BOARD AND THE BOROUGH PRESIDENT OF THE BOROUGH WHERE THE NEW BUILD-
ING SHALL BE LOCATED OF THE DOCKET AND ITS NUMBER FOR SUCH PLAN, AND THE
ADDRESS WHERE THE BUILDING IS TO BE  BUILT.  UPON  THE  REQUEST  OF  THE
COMMUNITY  BOARD,  THE  DEPARTMENT  SHALL FURNISH, AND PROVIDE A REGULAR
UPDATE, OF THE COMPLETE DOCKET OF THE PROJECT, INCLUDING ALL  PLANS  AND
DRAWINGS,  PERMITS, AMENDMENTS TO THE PLAN, AUDITS, OBJECTIONS, AND SUCH
OTHER MATERIAL AS SHALL COMPRISE THE DOCKET OF SAID PROJECT.
  B. THE DEPARTMENT SHALL FURNISH THE COMPLETE  DOCKET  OF  THE  PROJECT
WITHIN  FIVE BUSINESS DAYS OF SAID REQUEST, AND EACH ADDITIONAL DOCUMENT
ADDED TO THE DOCKET WITHIN FIVE DAYS OF SUCH ADDITION.
  2. A. THE COMMUNITY  BOARD  IN  WHICH  ANY  NEW  BUILDING  PROJECT  IS
LOCATED,  IN  CONSULTATION  WITH THE BOROUGH PRESIDENT IN THE BOROUGH OF
THE LOCATION OF SUCH PROJECT, MAY REQUEST IN WRITING AND UPON A VOTE  OF
THE BOARD, AN AUDIT-REVIEW OF UP TO THIRTY PLANS PER YEAR BY THE DEPART-
MENT, WHICH THE DEPARTMENT SHALL BE OBLIGATED TO CONDUCT. THE DEPARTMENT
SHALL  PROVIDE  THE  BOARD AND THE BOROUGH PRESIDENT THE RESULTS OF SUCH
AUDIT-REVIEW INCLUDING ANY OBJECTIONS TO THE PLAN PROVIDED TO THE APPLI-
CANT. THE DEPARTMENT SHALL FURNISH A PRELIMINARY REPORT TO THE BOARD AND
THE BOROUGH PRESIDENT WITHIN THIRTY DAYS,  AND  A  FINAL  REPORT  WITHIN
SIXTY  DAYS, OF WHETHER THE PLAN COMPLIES WITH THE BUILDING CODE AND THE
ZONING RESOLUTION.
  B. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  LIMIT  REQUESTS  FOR
AUDITS, REVIEWS, OR OTHER ACTIONS BY THE DEPARTMENT, BY COMMUNITY BOARDS
OR BOROUGH PRESIDENTS.
  3.  WHERE  THE DEPARTMENT IS AUDITING AND REVIEWING ANY APPROVED PLAN,
ANY NOTICE OF OBJECTIONS TO THE PLAN SHALL BE PUBLISHED ON  THE  DEPART-
MENT  OF  BUILDINGS  INFORMATION  WEBSITE  MAINTAINED BY THE CITY OF NEW
YORK.
  4. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS  SUBDIVISION,  THE
DEPARTMENT  SHALL  PROMULGATE  STANDARDS  FOR ALLOWING PERMITTED WORK TO
CONTINUE WHEN OBJECTIONS TO APPROVED PLANS BY THE DEPARTMENT OCCUR.  THE
ADOPTION OF SUCH STANDARDS SHALL BE SUBJECT TO CHAPTER FORTY-FIVE OF THE
NEW YORK CITY CHARTER.
  S 9. Section 28-105.1 of the administrative code of the  city  of  New
York,  as  added  by local law number 33 of the city of New York for the
year 2007, is amended to read as follows:
  S 28-105.1 General. 1. It shall be  unlawful  to  construct,  enlarge,
alter,  repair, move, demolish, remove or change the use or occupancy of
any building or structure in the city,  or  to  erect,  install,  alter,
repair,  or  use  or  operate  any  sign  or  service equipment in or in
connection therewith, or  to  erect,  install,  alter,  repair,  remove,
convert  or  replace  any  gas, mechanical, plumbing or fire suppression
system in or in connection therewith or to cause any  such  work  to  be
done  unless and until a written permit therefore shall have been issued

A. 5159                             4

by the commissioner in accordance with the requirements  of  this  code,
subject  to such exceptions and exemptions as may be provided in section
28-105.4.
  2.  THE  DEPARTMENT  SHALL  PUBLISH ON ITS WEBSITE BY COMMUNITY BOARD,
NOTICE OF PERMITS GRANTED FOR ANY NEW BUILDING,  FOUNDATION  AND  EARTH-
WORK,  ALTERATION, AND ANY DEMOLITION AND REMOVAL, INCLUDING THE ADDRESS
OF THE PROJECT WHERE THE PERMIT HAS BEEN GRANTED. THE  DEPARTMENT  SHALL
PROVIDE  ACCESS  TO  OR FURNISH A COPY OF THE PERMIT AND OTHER DOCUMENTS
WITHIN THE DOCKET ESTABLISHED FOR THE PROJECT, EITHER ELECTRONICALLY  OR
BY  OTHER  MEANS,  UPON  REQUEST AND SHALL MAKE SUCH DOCUMENTS AVAILABLE
WITHIN FIVE BUSINESS DAYS OF SUCH REQUEST.  THE DEPARTMENT MAY  WITHHOLD
PLANS  FOR  PARTICULAR BUILDINGS AT THE REQUEST OF LAW ENFORCEMENT AGEN-
CIES.
  S 10. The administrative code of the city of New York  is  amended  by
adding a new section 28-110.3 to read as follows:
  S 28-110.3 PRESENCE OF SITE SAFETY COORDINATOR REQUIRED. A SITE SAFETY
COORDINATOR SHALL BE PRESENT ON ANY SITE OF CONSTRUCTION OF A NEW BUILD-
ING  IN  EXCESS  OF FIVE STORIES IN HEIGHT, PURSUANT TO DEPARTMENT REGU-
LATIONS.
  S 11. This act shall take effect on the ninetieth day after  it  shall
have become a law.