Bill Text: NY S04519 | 2017-2018 | General Assembly | Amended

New York Senate Bill 4519 (Prior Session Legislation)

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 5-0)

Status: (Introduced - Dead) 2018-06-06 - SUBSTITUTED BY A5823B [S04519 Detail]

Download: New_York-2017-S04519-Amended.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                         4519--A
            Cal. No. 1247
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 16, 2017
                                       ___________
        Introduced  by  Sens. MONTGOMERY, COMRIE, HAMILTON, PARKER -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Cities -- reported favorably from said committee, ordered to  first
          and  second  report,  ordered  to a third reading, amended and ordered
          reprinted, retaining its place in the 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:
    18    § 28-105.5 Application for permit. All applications for permits  shall
    19  be  submitted  on  forms furnished by the department. Applications shall
    20  include all information required by this code, other applicable  law  or
    21  the  rules  of  the department. The applicant shall list any portions of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07149-04-7

        S. 4519--A                          2
     1  the design that have been approved for deferred submittal in  accordance
     2  with  section  28-104.2.6. The application shall set forth an inspection
     3  program for the project. An application for a permit shall be  submitted
     4  no  later than 12 months after the approval of all required construction
     5  documents (other than those documents approved for deferred  submittal).
     6  The department shall provide written notification to owners of adjoining
     7  property at the time such application is submitted.
     8    §  3.  Section 28-105.12.7.1 of the administrative code of the city of
     9  New York, as amended by section 11 of part A of local law number 141  of
    10  the city of New York for the year 2013, is amended to read as follows:
    11    §  28-105.12.7.1  Insurance coverage for adjacent properties. A person
    12  who obtains a permit for construction or demolition operations shall, at
    13  such person's own expense, procure and maintain for the duration of  the
    14  operations,  insurance  of  a kind and in an amount specified by rule of
    15  the department, to insure any and all adjacent property owners and their
    16  lawful occupants fully for all risks of  loss,  damage  to  property  or
    17  injury  to or death of persons, arising out of or in connection with the
    18  performance of the proposed work. Such  person  shall  submit  proof  of
    19  insurance  to the department when applying for a permit for construction
    20  or demolition work.  The department shall provide  such  proof  of  such
    21  insurance  together  with the permit to the owners of adjoining property
    22  thirty days prior to the commencement of the construction or  demolition
    23  work,  except  in the event that emergency work is authorized as defined
    24  in section 28-105.4.1 of this code. If such emergency work is necessary,
    25  the permit and proof of insurance shall be provided to owners of adjoin-
    26  ing property within a reasonable timeframe.
    27    § 4. This act shall take effect immediately.