S T A T E   O F   N E W   Y O R K
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                                  3617

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced by M. of A. BRENNAN, MARKEY, ROSENTHAL, HEVESI, BROOK-KRASNY,
  LENTOL,  CLARK,  COLTON,  CAMARA,  BENEDETTO,  CYMBROWITZ,  GOTTFRIED,
  ROBINSON, DINOWITZ, JAFFEE, CRESPO, WEPRIN -- Multi-Sponsored by -- M.
  of A. FARRELL, GLICK, 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.
                                                           LBD01703-01-5
              

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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 28-104.11 to read as follows:
  S 28-104.11 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. The opening paragraph of section 28-105.1 of  the  administrative
code  of  the  city  of  New  York is designated subdivision 1 and a new
subdivision 2 is added to read as follows:
  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

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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.