Senate Bill S4412A

2013-2014 Legislative Session

Requires a plan examiner to review and approve all permit applications and inspection reports

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Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to cities
May 01, 2013	print number 4412a
May 01, 2013	amend and recommit to cities
Mar 26, 2013	referred to cities

Bill Amendments

Original

A (Active)

2013-S4412 - Details

Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§28-105.5, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1041
2017-2018: S1308

2013-S4412 - Summary

Requires a plan examiner to review and approve all permit applications and inspection reports; makes exceptions for cooperatives and condominiums.

2013-S4412 - Sponsor Memo

                                BILL NUMBER:S4412

TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to requiring plan examiners to approve all
applications and inspections

PURPOSE OF THE BILL:

The purpose of the bill is to discontinue the practice of
"self-certification" of permit applications and inspection reports
required by the Department of Buildings.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 28-105.5 of the administrative
code of the city of New York by adding the requirement that all permit
applications shall be reviewed and approved by a plan examiner prior
to the issuance of any permit by the commissioner of the department of
buildings.

Section 2 of the bill amends Section 28-116.1 of the administrative
code of the city of New York by adding the requirement that any
inspection completed pursuant to the Building Code shall be reviewed
and approved by a plan examiner before any additional work may resume
on a project. In addition, the plan examiner is required to approve or
deny any inspection within two business days of the inspection's

completion.

Section 3 of the bill sets forth an immediate effective date

JUSTIFICATION:

The approval of permit applications and inspections required by the
Department of Buildings (DOB) is a vital part of DOB's responsibility
in assuring that all construction projects throughout the city of New
York are in compliance with the city's building code and other
applicable laws including zoning laws.

The practice of "self-certification" creates an inherent conflict when
the professionals providing these certifications are strongly
influenced by the needs of their clients for whom they are attempting
to complete construction within a timely and cost efficient manner.
It is in their client's best interest to proceed with less attention
to strict compliance with applicable laws and more attention to time
and cost.

Following DOB's authorization of "self-certification", instances of
professionals providing fraudulent certification of compliance with
the law became common place and placed the public's safety at great
risk due to substandard construction. Therefore, this change in the
law is necessary to require that a DOB plan examiner approve all
permit applications and inspection reports.

PRIOR LEGISLATIVE HISTORY:

New bill.


FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act would take effect immediately

2013-S4412 - Bill Text download pdf

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

                                  4412

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- 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  requiring plan examiners to approve all applications and
  inspections

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

  Section  1. Section 28-105.5 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:
  S28-105.5  Application  for permit. All applications for permits shall
be submitted on forms furnished by the  department.  Applications  shall
include  all  information required by this code, other applicable law or
the rules of the department. The applicant shall list  any  portions  of
the  design that have been approved for deferred submittal in accordance
with section 28-104.2.6. The application shall set forth  an  inspection
program  for  the job. An application for a permit shall be submitted no
later than 12 months after the approval  of  all  required  construction
documents  (other than those documents approved for deferred submittal).
ALL PERMIT APPLICATIONS SHALL BE REVIEWED AND APPROVED BY A PLAN EXAMIN-
ER PRIOR TO ITS ISSUANCE BY THE COMMISSIONER.
  S 2. Section 28-116.1 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:
  S28-116.1 General. Construction or work for which a permit is required
shall be subject to inspection in accordance with  this  code  and  such
construction  or work shall remain accessible and exposed for inspection
purposes until the required  inspection  is  completed.  A  satisfactory
inspection  by  the  department or the acceptance by the department of a
satisfactory report of an inspection by an approved  agency  or  special
inspector  shall not be construed to be an approval by the department of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09246-01-3

S. 4412                             2

a violation of the provisions of this code or of any other provision  of
law.  It  shall  be  the  duty of the permit holder to cause the work to
remain accessible and exposed for inspection purposes. The permit holder
shall  be  liable for any expense entailed in the removal or replacement
of any material required to allow inspection. The inspector shall supply
a report of the results of each inspection.  IN ADDITION, ANY INSPECTION
COMPLETED PURSUANT TO THIS TITLE SHALL BE REVIEWED  AND  APPROVED  BY  A
PLAN  EXAMINER  BEFORE  ANY ADDITIONAL WORK MAY RESUME ON THE PROJECT. A
PLAN EXAMINER SHALL APPROVE OR DENY AN INSPECTION  WITHIN  TWO  BUSINESS
DAYS OF THE INSPECTIONS COMPLETION.
  S  3.  This  act  shall take effect immediately and shall apply to any
application or inspection made after such effective date.

2013-S4412A (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§28-105.5, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1041
2017-2018: S1308

2013-S4412A (ACTIVE) - Summary

Requires a plan examiner to review and approve all permit applications and inspection reports; makes exceptions for cooperatives and condominiums.

2013-S4412A (ACTIVE) - Sponsor Memo

2013-S4412A (ACTIVE) - Bill Text download pdf

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

                                 4412--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Cities  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to requiring plan examiners to approve all  applications  and
  inspections

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

  Section 1. Section 28-105.5 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:
  S28-105.5 Application for permit. All applications for  permits  shall
be  submitted  on  forms furnished by the department. Applications shall
include all information required by this code, other applicable  law  or
the  rules  of  the department. The applicant shall list any portions of
the design that have been approved for deferred submittal in  accordance
with  section  28-104.2.6. The application shall set forth an inspection
program for the job. An application for a permit shall be  submitted  no
later  than  12  months  after the approval of all required construction
documents (other than those documents approved for deferred  submittal).
ALL PERMIT APPLICATIONS, INCLUDING AMENDED PERMIT APPLICATIONS FOR ITEMS
ELIGIBLE  FOR  DEFERRED SUBMITTAL PURSUANT TO SECTION 28-104.2.6 OF THIS
CHAPTER, WITH THE EXCEPTION OF PERMIT APPLICATIONS FOR COOPERATIVES  AND
CONDOMINIUMS, SHALL BE REVIEWED AND APPROVED BY A PLAN EXAMINER PRIOR TO
ITS ISSUANCE BY THE COMMISSIONER.
  S  2.  This  act  shall take effect immediately and shall apply to any
application or inspection made after such effective date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09246-04-3

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Senate Bill S4412A

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities Committee

Actions

Bill Amendments

2013-S4412 - Details

2013-S4412 - Summary

2013-S4412 - Sponsor Memo

2013-S4412 - Bill Text download pdf

2013-S4412A (ACTIVE) - Details

2013-S4412A (ACTIVE) - Summary

2013-S4412A (ACTIVE) - Sponsor Memo

2013-S4412A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Cities Committee

Actions

Bill Amendments

2013-S4412 - Details

2013-S4412 - Summary

2013-S4412 - Sponsor Memo

2013-S4412 - Bill Text download pdf

2013-S4412A (ACTIVE) - Details

2013-S4412A (ACTIVE) - Summary

2013-S4412A (ACTIVE) - Sponsor Memo

2013-S4412A (ACTIVE) - Bill Text download pdf

Comments