senate Bill S402A

2011-2012 Legislative Session

Requires notice to adjoining owners of construction, excavation or demolition work

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
notice of committee consideration - requested
Jan 27, 2012 print number 402a
amend and recommit to cities
Jan 04, 2012 referred to cities
Apr 05, 2011 defeated in cities
Feb 28, 2011 notice of committee consideration - requested
Jan 05, 2011 referred to cities

Bill Amendments

Original
A (Active)
Original
A (Active)

S402 - Bill Details

See Assembly Version of this Bill:
A317A
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd §28-105.12.7.1, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
S7412B, A10511B

S402 - Bill Texts

view summary

Requires notice to adjoining owners of construction, excavation or demolition work.

view sponsor memo
BILL NUMBER:S402

TITLE OF BILL:
An act
to amend the administrative code of the city of New York,
in relation to
permits for construction, excavation or demolition

PURPOSE OR GENERAL IDEA OF BILL:
Requires notice to owners of adjoining property before construction,
excavation or demolition work is performed.

SUMMARY OF SPECIFIC PROVISIONS:
Amends Section: 28-105.12.7.1 adding proof of such insurance together
with a copy of the application for the permit shall also be provided
to the owners of adjoining property ninety days prior to the
commencement of the construction or demolition work.

JUSTIFICATION:
Construction, demolition, or excavation work which is performed on a
building which shares a wall with the neighboring building is always
complicated, and the consequences of performing that work, especially
as they relate to threats to public safety, must be considered before
the work is performed. In some instances the neighbor will actually
be able to provide information which can highlight some potentially
dangerous conditions so they can be properly addressed.

This is illustrated by a building collapse which occurred in June
2009. The building 493 Myrtle Avenue, Brooklyn NY collapsed in large
part because the engineers and contractors were unaware of a several
significant several story vertical cracks which were clearly visible
to tenants at 491 Myrtle Avenue. As a result, the appropriate precautions
were not followed, and 493 Myrtle collapsed to the ground. Several
people were injured and fourteen were left homeless. Thankfully, no
one lost their lives. Had this legislation been in place this
unfortunate incident would not have occurred. It is imperative that
this legislature does what it can to avoid future avoidable accidents.

PRIOR LEGISLATIVE HISTORY:
First introduced in 2010.

FISCAL IMPLICATIONS:
Unknown.

EFFECTIVE DATE:
Immediately.

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

    S. 402                                                    A. 317

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
  printed, and when printed to be committed to the Committee on Cities

IN ASSEMBLY -- Introduced by M. of A. ROBINSON -- 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 permits for construction, excavation or demolition

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 28-105.12.7.1 of the  administrative  code  of  the
city of New York, as added by local law number 8 of the city of New York
for the year 2008, is amended to read as follows:
  S  28-105.12.7.1  Insurance coverage for adjacent properties. A person
who obtains a permit for construction, EXCAVATION  or  demolition  oper-
ations shall, at such person's own expense, procure and maintain for the
duration  of the operations, insurance of a kind and in an amount speci-
fied by rule of the department, to insure any and all adjacent  property
owners and their lawful occupants fully for all risks of loss, damage to
property  or  injury  to  or  death  of  persons,  arising  out of or in
connection with the performance of the proposed work.  Such person shall
submit proof of insurance to the department when applying for  a  permit
for construction, EXCAVATION or demolition work. PROOF OF SUCH INSURANCE
TOGETHER WITH THE PERMIT SHALL ALSO BE PROVIDED TO THE OWNERS OF ADJOIN-
ING  PROPERTY THIRTY DAYS PRIOR TO THE COMMENCEMENT OF THE CONSTRUCTION,
EXCAVATION OR DEMOLITION WORK.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00273-01-1

S402A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A317A
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd §28-105.12.7.1, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
S7412B, A10511B

S402A (ACTIVE) - Bill Texts

view summary

Requires notice to adjoining owners of construction, excavation or demolition work.

view sponsor memo
BILL NUMBER:S402A

TITLE OF BILL:
An act
to amend the administrative code of the city of New York,
in relation to
permits for construction, excavation or demolition

PURPOSE OR GENERAL IDEA OF BILL:
Requires notice to owners of adjoining property before construction,
excavation or demolition work is performed.

SUMMARY OF SPECIFIC PROVISIONS:
Amends Section: 28-105.12.7.1 adding proof of such insurance together
with the permit to the owners of adjoining property ninety days prior
to the commencement of the construction, excavation or demolition work.

JUSTIFICATION:
Construction, demolition, or excavation work which is performed on a
building which shares a wall with the neighboring building is always
complicated, and the consequences of performing that work, especially
as they relate to threats to public safety, must be considered before
the work is performed. In some instances the neighbor will actually
be able to provide information which can highlight some potentially
dangerous conditions so they can be properly addressed.

This is illustrated by a building collapse which occurred in June 2009.
The building 493 Myrtle Avenue, Brooklyn, NY collapsed in large part
because the engineers and contractors were unaware of a several
significant several story vertical cracks which were clearly visible
to tenants at 491 Myrtle Avenue. As a result, the appropriate
precautions were not followed, and 493 Myrtle collapsed to the
ground. Several people were injured and fourteen were left homeless.
Thankfully, no one lost their lives. Had this legislation been in
place this unfortunate incident would not have occurred. It is
imperative that this legislature does what it can to avoid future
avoidable accidents.

PRIOR LEGISLATIVE HISTORY:
First introduced in 2010.

FISCAL IMPLICATIONS:
Unknown.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 402--A                                              A. 317--A

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Cities
  --  recommitted  to  the Committee on Cities in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN  ASSEMBLY  --  Introduced by M. of A. ROBINSON, COLTON -- Multi-Spon-
  sored by -- M. of A. P. RIVERA  --  read  once  and  referred  to  the
  Committee  on  Cities  --  recommitted  to  the Committee on Cities in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation to permits for construction, excavation or demolition

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 28-105.12.7.1 of the  administrative  code  of  the
city of New York, as added by local law number 8 of the city of New York
for the year 2008, is amended to read as follows:
  S  28-105.12.7.1  Insurance coverage for adjacent properties. A person
who obtains a permit for construction, EXCAVATION  or  demolition  oper-
ations shall, at such person's own expense, procure and maintain for the
duration  of the operations, insurance of a kind and in an amount speci-
fied by rule of the department, to insure any and all adjacent  property
owners and their lawful occupants fully for all risks of loss, damage to
property  or  injury  to  or  death  of  persons,  arising  out of or in
connection with the performance of the proposed work.  Such person shall
submit proof of insurance to the department when applying for  a  permit
for  construction,  EXCAVATION  or  demolition  work.  SUCH PERSON SHALL
PROVIDE PROOF OF SUCH INSURANCE TOGETHER WITH THE PERMIT TO  THE  OWNERS
OF  ADJOINING  PROPERTY  THIRTY  DAYS  PRIOR  TO THE COMMENCEMENT OF THE
CONSTRUCTION, EXCAVATION OR DEMOLITION WORK.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00273-03-2

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