senate Bill S409

Amended

Enacts the New York city department of buildings community accountability act

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CITIES
  • 23 / Dec / 2011
    • AMEND AND RECOMMIT TO CITIES
  • 23 / Dec / 2011
    • PRINT NUMBER 409A
  • 04 / Jan / 2012
    • REFERRED TO CITIES

Summary

Enacts the New York city department of buildings community accountability act.

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Bill Details

Versions:
S409
S409A
Legislative Cycle:
2011-2012
Current Committee:
Senate Cities
Law Section:
New York City Administrative Code
Laws Affected:
Amd §§28-103.18.1, 28-118.1 & 28-105.1, add §§28-103.18.2, 28-201.5, 28-207.6, 28-104.10 & 28-110.3, NYC Ad Cd
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2252A
2007-2008: S5422B

Sponsor Memo

BILL NUMBER:S409

TITLE OF BILL:
An act
to amend the administrative code of the city of New York, in relation to
enacting the New York city department of buildings community
accountability act

PURPOSE OR GENERAL IDEA OF BILL:
This bill creates the New York City
Department of Buildings community Accountability Act.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 - Legislative findings.

Section 2 - Names this the NYC Department of Buildings Community
Accountability Act.

Section 3 - Amends section 28-103.18.1 of the NYC Administrative Code
to require that any information in the complaint book that is kept by
DOB and is available to the public be posted on the department's
website.

Section 4 - Adds a new section 28-103.18.2 requiring the department of
Buildings to-maintain a record available for public inspection at
their office as well as on the department's website containing a list
of all construction and building accidents resulting in injury or
death, and all property damage due to damage arising out of
violations of the building code. All such accidents shall be
investigated and a written report of the findings must also be posted
on the website.

Section 5 - Adds a new section 28-201.5 to require monthly reports to
community boards and borough presidents on the department's actions
within their jurisdiction. All enforcement actions at both the
Environmental Control Board and the department of Buildings must be
included, and must be presented clearly and completely to allow for
accurate tracking of the disposition of each action.

Section 6 - Adds a new subdivision i to section 28-207.6 (dangerous
buildings) to require that whenever the department issues an order
regarding a dangerous building that an investigation be made as to
the circumstances, and a report be written and posted on the
department's website describing these conditions.

Section 7 - amends § 28-118.1 to prohibit the issuance of a certificate
of occupancy unless all fines, penalties and/or judgments are
satisfied with respect to the new building.

Section 8 - Adds a new § 28-104.10 to require notification by department
of Buildings of the respective community board and borough
president's offices whenever a permit for construction is issued. If
requested, the full docket of plans, plus any updates or changes as
they occur, must be provided to the community board within 5 business
days. A community
board may request department of buildings to do an audit-review of


up to 30 plans per year. If requested, the department of buildings
must provide a preliminary report within 30 days and a final
report within 3O days on whether the plan complies with the
building code and zoning resolution.

Section 9 amends section 28-105.1 to require DOB to publish on the
website all permits granted for construction, demolition or
excavation work by community board. The department shall make
available a copy of
the permit and other documents within the docket upon request, either
electronically or within 5 business days.

Section 10 adds a new §28-110.3 to require a site safety coordinator
be designated and present at a construction site of a new building
greater than 5 stories.

JUSTIFICATION:
The Cities Committee has held 2 hearings over the past
year as well as gathering much information from audits and reports
about construction in New York City. The following are some of the
facts we have uncovered which call out for reform:

Construction Safety

The Federal Occupational Health and Safety Administration reported 80
deaths in New York City construction accidents between 2002 and 2005;
the New York Committee on occupational Health and Safety reports that
construction is the most dangerous occupation, with death rates four
times the average for other workers.

The Construction Industry Partnership of New York City, a
labor-management alliance, estimates the cost of construction
accidents in New York City at $858 million in 2002.

A review of 2,500 OSHA construction site safety inspections in New
York City in 2003, released by the New York Trial Lawyers Institute
in 2005, determined that two thirds of inspections found at least one
violation of a safety standard. According to the Institute, OSHA
classified virtually all the violations as "serious".

Enforcement

The NYC DOB issued 49,000 ECB and 46,000 DOB violations in FY '06, and
in FY '05 issued 626 vacate orders.

A 2003 NYC Comptroller's audit showed 67% of sampled construction
plans that were submitted to the Buildings Department through
self-certification contained errors.

A 2004 New York City comptroller's audit found that 51% of sampled ECB
building violations for 2002 were for hazardous violations and that
no evidence of a systematic DOB process existed for following up on
hazardous violations.

The DOB reported it re-inspected 11,548 hazardous violations in FY
'05 and issued second violations in 17% of the re-inspections.


No system-wide public summary of violation outcomes exists that
correlates the percentage of outstanding violations to how many
are corrected, nor did DOB report on enforcement outcomes at the
September 7th Assembly hearing despite questions to that effect in
the hearing notice.

A 2006 New York State Comptroller's audit determined that NYC DOB
tracking of enforcement of stop work orders and violations was
inadequate, in that DOB did not have a database that provided
correlation between stop work orders, violations, and enforcement
outcomes. DOB responded to the
audit in an April 2006 letter stating it was attempting to develop
such a system.

DOB announced the beginning of adoption of three new rules at the
September 7th Assembly hearing: 24-hour notice of demolition and
excavation commencements, and a rule to require registered
construction superintendents at all new building and alteration
construction sites.

The changes made in this bill will require the Department of
Buildings to much more closely monitor construction sites around the
City which will better protect the residents as well as workers at
the worksites.
While many people have called in complaints when they see illegal
activities, they feel like their complaints are being ignored. This
bill will require the department to investigate and follow-up any
illegal activities they find. By requiring the tracking of complaints
and citations, stop work orders, and other violations on the
department's website, the average citizen can see that their
complaint is being investigated and acted upon.

LEGISLATIVE HISTORY:
2009-2010: S.2252-A/A.4770-A

EFFECTIVE DATE:
July 1, 2012

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   409

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KRUEGER, DIAZ, HASSELL-THOMPSON -- read twice and
  ordered printed, and when printed to be committed 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
shall include the name and residence of the complainant, the name of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04082-01-1

S. 409                              2

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
approval  of  a  violation  of  the  provisions of this code or of other
applicable laws and rules.

S. 409                              3

  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
by  the  commissioner  in accordance with the requirements of this code,

S. 409                              4

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 July 1, 2012.

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