Bill Text: NY A05823 | 2017-2018 | General Assembly | Amended

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Bill Title: Requires notice to adjoining owners of construction or demolition work at the time such application for approval is submitted.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2018-08-24 - signed chap.217 [A05823 Detail]

Download: New_York-2017-A05823-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5823--B
                                                                    R. R. 60
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 16, 2017
                                       ___________
        Introduced by M. of A. WRIGHT, SEPULVEDA, RICHARDSON, PERRY -- read once
          and  referred  to  the Committee on Cities -- reported and referred to
          the Committee on Codes -- committee discharged, bill amended,  ordered
          reprinted as amended and recommitted to said committee -- reported and
          referred  to  the  Committee  on Codes -- reported and referred to the
          Committee on Rules -- ordered to a third reading, passed  by  Assembly
          and  delivered to the Senate, recalled from the Senate, vote reconsid-
          ered, bill amended, ordered reprinted,  retaining  its  place  on  the
          special order of third reading
        AN  ACT  to  amend  the  administrative code of the city of New York, in
          relation to requiring notice to adjoining owners  of  construction  or
          demolition work
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 28-104.2 of the administrative code of the city  of
     2  New  York, as amended by section 10 of part A of local law number 141 of
     3  the city of New York for the year 2013, is amended to read as follows:
     4    § 28-104.2 Application for approval  of  construction  documents.  The
     5  department shall assign an application number to and docket all applica-
     6  tions  for approval of construction documents and any amendments thereto
     7  filed with it. The department shall examine the  construction  documents
     8  promptly after their submission. The examination shall be made under the
     9  direction of the commissioner for compliance with the provisions of this
    10  code and other applicable laws and rules. The personnel employed for the
    11  examination  of  construction  documents  shall  be qualified registered
    12  design professionals, experienced in building construction  and  design.
    13  The department shall provide written notification to owners of adjoining
    14  property at the time such application is submitted.
    15    §  2.  Section  28-105.5 of the administrative code of the city of New
    16  York, as amended by section 11 of part A of local law number 141 of  the
    17  city of New York for the year 2013, is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07149-05-7
        A. 5823--B                          2
     1    §  28-105.5 Application for permit. All applications for permits shall
     2  be submitted on forms furnished by the  department.  Applications  shall
     3  include  all  information required by this code, other applicable law or
     4  the rules of the department. The applicant shall list  any  portions  of
     5  the  design that have been approved for deferred submittal in accordance
     6  with section 28-104.2.6. The application shall set forth  an  inspection
     7  program  for the project. An application for a permit shall be submitted
     8  no later than 12 months after the approval of all required  construction
     9  documents  (other than those documents approved for deferred submittal).
    10  The department shall provide written notification to owners of adjoining
    11  property at the time such application is submitted.
    12    § 3. Section 28-105.12.7.1 of the administrative code of the  city  of
    13  New  York, as amended by section 11 of part A of local law number 141 of
    14  the city of New York for the year 2013, is amended to read as follows:
    15    § 28-105.12.7.1 Insurance coverage for adjacent properties.  A  person
    16  who obtains a permit for construction or demolition operations shall, at
    17  such  person's own expense, procure and maintain for the duration of the
    18  operations, insurance of a kind and in an amount specified  by  rule  of
    19  the department, to insure any and all adjacent property owners and their
    20  lawful  occupants  fully  for  all  risks of loss, damage to property or
    21  injury to or death of persons, arising out of or in connection with  the
    22  performance  of  the  proposed  work.  Such person shall submit proof of
    23  insurance to the department when applying for a permit for  construction
    24  or  demolition  work.    The department shall provide such proof of such
    25  insurance together with the permit to the owners of  adjoining  property
    26  thirty  days prior to the commencement of the construction or demolition
    27  work, except in the event that emergency work is authorized  as  defined
    28  in section 28-105.4.1 of this code. If such emergency work is necessary,
    29  the permit and proof of insurance shall be provided to owners of adjoin-
    30  ing property within a reasonable timeframe.
    31    § 4. This act shall take effect immediately.