S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9407
 
                           I N  A S S E M B L Y
 
                               March 2, 2022
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Housing
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation to sidewalk shed permit renewal
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 105.8.3 of the New York  city  building  code,  as
 amended  by  section 1 of subpart 1 of part C of local law number 141 of
 the city of New York for the year 2013, is amended to read as follows:
   105.8.3 Special provisions for renewal of permit for a sidewalk  shed.
 An  application for the renewal of a construction equipment permit for a
 sidewalk shed used in connection with the alteration of a building shall
 be accompanied by a report, acceptable to the department, prepared by  a
 registered  design  professional who has examined that part of the prem-
 ises on which the work requiring the use of a  sidewalk  shed  is  being
 performed.  Such  report  shall document the condition of the applicable
 part of the premises and the scope of work that has been performed ther-
 eon since the issuance of the permit and shall provide  an  estimate  of
 the additional time needed to complete the work.
   NO  SIDEWALK  SHED  PERMIT  SHALL  BE  RENEWED UNLESS THE COMMISSIONER
 DETERMINES THAT SUCH SIDEWALK SHED IS BEING USED AS PART OF  AN  ONGOING
 CONSTRUCTION  PROJECT.  IN  MAKING  SUCH DETERMINATION, THE COMMISSIONER
 SHALL CONDUCT AN INSPECTION OF THE  CONSTRUCTION  SITE  FOR  WHICH  SUCH
 PERMIT  RENEWAL  IS SOUGHT. A CONTRACTOR OR LICENSEE SHALL SUBMIT TO THE
 COMMISSIONER DOCUMENTATION IN SUPPORT OF PERMIT RENEWAL  INDICATING  THE
 DATES  AND  TIMES  PERSONS  EMPLOYED  IN  THE  CONSTRUCTION PROJECT HAVE
 UTILIZED THE SIDEWALK SHED THAT IS  THE  SUBJECT  OF  A  PERMIT  RENEWAL
 REQUEST.  A CONTRACTOR OR LICENSEE WHO SUBMITS OR CAUSES TO BE SUBMITTED
 DOCUMENTATION THAT CONTAINS FALSE  OR  MISLEADING  STATEMENTS  SHALL  BE
 SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS.
   THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE
 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   AN  "ONGOING CONSTRUCTION PROJECT" SHALL MEAN ANY CONSTRUCTION PROJECT
 DURING WHICH PERSONS EMPLOYED IN CONSTRUCTION WORK  ARE  UTILIZING  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03035-02-2
 A. 9407                             2
 
 SIDEWALK  SHED  AT  LEAST TEN DAYS PER MONTH OVER THE COURSE OF THE YEAR
 IMMEDIATELY PRECEDING A REQUEST TO RENEW A SIDEWALK SHED PERMIT.
   § 2. Section 106.8.3 of the New York city building code, as amended by
 section  2 of part C of local law number 126 of the city of New York for
 the year 2021, is amended to read as follows:
   106.8.3 Special provisions for renewal of permit for a sidewalk  shed.
 An  application for the renewal of a temporary construction installation
 permit for a sidewalk shed used in connection with the alteration  of  a
 building shall be accompanied by a report, acceptable to the department,
 prepared  by a registered design professional who has examined that part
 of the premises on which the work requiring the use of a  sidewalk  shed
 is  being  performed.  Such  report  shall document the condition of the
 applicable part of the premises and the scope  of  work  that  has  been
 performed  thereon since the issuance of the permit and shall provide an
 estimate of the additional time needed to complete the work.
   NO SIDEWALK SHED PERMIT  SHALL  BE  RENEWED  UNLESS  THE  COMMISSIONER
 DETERMINES  THAT  SUCH SIDEWALK SHED IS BEING USED AS PART OF AN ONGOING
 CONSTRUCTION PROJECT. IN MAKING  SUCH  DETERMINATION,  THE  COMMISSIONER
 SHALL  CONDUCT  AN  INSPECTION  OF  THE CONSTRUCTION SITE FOR WHICH SUCH
 PERMIT RENEWAL IS SOUGHT. A CONTRACTOR OR LICENSEE SHALL SUBMIT  TO  THE
 COMMISSIONER  DOCUMENTATION  IN SUPPORT OF PERMIT RENEWAL INDICATING THE
 DATES AND TIMES  PERSONS  EMPLOYED  IN  THE  CONSTRUCTION  PROJECT  HAVE
 UTILIZED  THE  SIDEWALK  SHED  THAT  IS  THE SUBJECT OF A PERMIT RENEWAL
 REQUEST. A CONTRACTOR OR LICENSEE WHO SUBMITS OR CAUSES TO BE  SUBMITTED
 DOCUMENTATION  THAT  CONTAINS  FALSE  OR  MISLEADING STATEMENTS SHALL BE
 SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS.
   THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE
 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   AN "ONGOING CONSTRUCTION PROJECT" SHALL MEAN ANY CONSTRUCTION  PROJECT
 DURING  WHICH  PERSONS  EMPLOYED IN CONSTRUCTION WORK ARE UTILIZING SUCH
 SIDEWALK SHED AT LEAST TEN DAYS PER MONTH OVER THE COURSE  OF  THE  YEAR
 IMMEDIATELY PRECEDING A REQUEST TO RENEW A SIDEWALK SHED PERMIT.
   §  3. This   act shall take effect on the thirtieth day after it shall
 have become a law; provided that section two  of  this  act  shall  take
 effect  on  the same date as section 2 of part C of local law number 126
 of the city of New York for the year 2021, takes effect.