senate Bill S3736A

Signed By Governor
2013-2014 Legislative Session

Authorizes the reinstatement of prior approved work permits and waives certain requirements of general city law for homes devastated by Hurricane Sandy

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Archive: Last Bill Status Via A4835 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 11, 2013 signed chap.100
Jul 02, 2013 delivered to governor
Jun 17, 2013 returned to assembly
passed senate
3rd reading cal.199
substituted for s3736b
Jun 17, 2013 substituted by a4835b
May 07, 2013 amended on third reading 3736b
Mar 14, 2013 advanced to third reading
Mar 13, 2013 2nd report cal.
Mar 12, 2013 1st report cal.199
Mar 06, 2013 print number 3736a
amend and recommit to cities
Feb 13, 2013 referred to cities

Votes

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Bill Amendments

Original
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B (Active)
Original
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B (Active)

S3736 - Bill Details

Law Section:
General City

S3736 - Bill Texts

view summary

Authorizes the reinstatement of prior approved work permits and waives certain requirements of general city law for homes devastated by Hurricane Sandy in the city of New York.

view sponsor memo
BILL NUMBER:S3736

TITLE OF BILL: An act authorizing the reinstatement of prior approved
work permits and waiving the requirements of section 35 and subdivision
2 of section 36 of the general city law as such provisions relate to
rebuilding and repairing homes devastated by Hurricane Sandy in the city
of New York; and providing for the repeal of such provisions upon expi-
ration thereof

PURPOSE OF BILL:

The bill is designed to aid those residing in Breezy Point that seek to
rebuild or repair their homes following the devastation or Hurricane
Sandy. Due to the unique layout of Breezy Point many homes do not have
mapped street frontage which triggers a BSA hearing and ultimate sign
off. This application and review process can typically take 6-12 months
or more to be addressed and therefore in a effort to speed recovery, it
is a necessity to waive the requirements of sections within the General
City Law in the aftermath of Hurricane Sandy. As a result of the waiver,
Breezy Point residents can finally begin the process of rebuilding their
homes and putting their lives back together.

SUMMARY OF PROVISIONS:

§ 1: Legislative Intent

§ 2: Definitions

§ 3: Reinstatement of Prior Approved Permits

§ 4: Waiver of Permit and Hearing Requirements

§ 5: The Date the Act Shall Take Effect

JUSTIFICATION: The storms, rains and floods of Hurricane Sandy (Oct 29th
2012-Nov 3rd 2012) caused much devastation to residents of Breezy Point.
General City Law requires applications that can take up to 12 months or
more to be completed. That is too long for our residents to be without a
home. They must be able to start rebuilding and have shovels in the
ground as soon as possible.

PRIOR LEGISLATION HISTORY: New Bill.

FISCAL IMPLICATIONS FOR STATE: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  3736

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 13, 2013
                               ___________

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

AN ACT authorizing the reinstatement of prior approved work permits  and
  waiving the requirements of section 35 and subdivision 2 of section 36
  of  the  general  city law as such provisions relate to rebuilding and
  repairing homes devastated by Hurricane Sandy in the city of New York;
  and providing for the repeal of such provisions upon expiration there-
  of

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

  Section  1. Legislative intent. The storms, rains and floods of Hurri-
cane Sandy beginning on October 29, 2012 and  ending  November  3,  2012
catastrophically  impacted  real  property  situated  in the city of New
York. Storm surge in the Breezy Point neighborhood  in  the  borough  of
Queens  severely  damaged or destroyed approximately 167 homes, followed
by a major fire which destroyed approximately 127 homes.  Other areas of
the city of New York were similarly impacted.  Homeowners in the city of
New York have long been required to submit applications with the depart-
ment of buildings and board of standards  and  appeals  for  permits  to
improve and upgrade their residences pursuant to the requirements of the
general  city  law. The process of review of such applications and ulti-
mate grant of the appeal to the general city law  can  last  nearly  one
year  or more. The legislature finds that it is in the best interests of
homeowners in the city of New York to expedite the rebuilding and repair
of homes devastated in the wake of Hurricane Sandy through waiver of the
requirements of sections 35 and 36 of the general city law for a  period
of 12 months.
  S  2.  Definitions.  For the purposes of this act, the following terms
shall have the following meanings:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08512-02-3

S. 3736                             2

  1. "Hurricane Sandy" shall mean the storms,  rains,  or  floods  which
occurred  within  the  city  of  New York during the period beginning on
October 29, 2012 and ending November 3, 2012.
  2.  "Board"  shall mean the board of standards and appeals established
by chapter 2 of title 25 of the administrative code of the city  of  New
York.
  3.  "Department" shall mean the department of buildings of the city of
New York as defined in section 27-232 of the administrative code of  the
city of New York.
  S  3.  Reinstatement of prior approved permits. In instances where the
department approved applications for work  permits,  including  applica-
tions for new buildings, Alt-1 and Alt-2 alterations, prior to Hurricane
Sandy,  the department shall reinstate all prior approvals and allow the
issuance of new work permits to reconstruct  originally  approved  plans
subject  to  required  new  code  compliance.    In the event an updated
approval from the board is required  prior  to  reinstatement  of  prior
approvals  by  the  department, the board shall handle such request from
the department as an administrative review and shall issue a  letter  of
no objection within thirty days after the receipt of such request by the
department.
  S  4.  Waiver  of  permit and hearing requirements. For a period of 12
months after the effective date of this act, the board shall  waive  the
requirements of section 35 and subdivision 2 of section 36 of the gener-
al  city  law  such  that any homeowner residing in the city of New York
seeking to rebuild or repair his or her residence in  the  aftermath  of
Hurricane  Sandy  shall  not  be required to seek the grant of an appeal
from the board or undergo a hearing process.  This  section  shall  also
apply  to  applications  for new buildings, Alt-1 and Alt-2 alterations,
such that homeowners shall not be required to submit  such  applications
for  approval by the board for a period of 12 months after the effective
date of this act.
  S 5. This act shall take effect immediately and shall  expire  and  be
deemed repealed 1 year after such effective date.

Co-Sponsors

S3736A - Bill Details

Law Section:
General City

S3736A - Bill Texts

view summary

Authorizes the reinstatement of prior approved work permits and waives certain requirements of general city law for homes devastated by Hurricane Sandy in the city of New York.

view sponsor memo
BILL NUMBER:S3736A

TITLE OF BILL: An act authorizing the reinstatement of prior approved
work permits and waiving the requirements of section 35 and
subdivision 2 of section 36 of the general city law as such provisions
relate to rebuilding and repairing homes devastated by Hurricane Sandy
in the city of New York; and providing for the repeal of such
provisions upon expiration thereof

Purpose of Bill: The bill is designed to aid those residing in Breezy
Point that seek to rebuild or repair their homes following the
devastation or Hurricane Sandy. Due to the unique layout of Breezy
Point many homes do not have mapped street frontage which triggers a
BSA hearing and ultimate sign off. This application and review process
can typically take 6-12 months or more to be addressed and therefore
in a effort to speed recovery, it is a necessity to waive the
requirements of sections within the General City Law in the aftermath
of Hurricane Sandy. As a result of the waiver, Breezy Point residents
can finally begin the process of rebuilding their homes and putting
their lives back together.

Summary of Provisions: §1: Legislative Intent §2: Definitions §3:
Reinstatement of Prior Approved Permits §4: Waiver of Permit and
Hearing Requirements §5: The Date the Act Shall Take Effect

Justification: The storms, rains and floods of Hurricane Sandy (Oct
29th 2012-Nov 3rd 2012) caused much devastation to residents of Breezy
Point. General City Law requires applications that can take up to 12
months or more to be completed. That is too long for our residents to
be without a home. They must be able to start rebuilding and have
shovels in the ground as soon as possible.

Prior Legislation History: New Bill.

Fiscal Implications for State: None.

Effective Date: This act shall take effect immediately.

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

                                 3736--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 13, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- 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 authorizing the reinstatement of prior approved work permits and
  waiving the requirements of section 35 and subdivision 2 of section 36
  of the general city law as such provisions relate  to  rebuilding  and
  repairing homes devastated by Hurricane Sandy in the city of New York;
  and providing for the repeal of such provisions upon expiration there-
  of

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

  Section 1. Legislative intent. The storms, rains and floods of  Hurri-
cane  Sandy  beginning  on  October 29, 2012 and ending November 3, 2012
catastrophically impacted real property situated  in  the  city  of  New
York.  Storm  surge  in  the Breezy Point neighborhood in the borough of
Queens severely damaged or destroyed approximately 167  homes,  followed
by  a major fire which destroyed approximately 127 homes.  Homeowners in
this area have long been required to submit applications with the  board
of  standards and appeals to improve and upgrade their residences pursu-
ant to the requirements of sections 35 and 36 of the general  city  law.
The  process  of  review  of such applications and ultimate grant of the
appeal to the general city law can last nearly one  year  or  more.  The
legislature  finds  that  it  is  in the best interests of homeowners of
Breezy Point to expedite the rebuilding and repair of  homes  devastated
in  the  wake  of  Hurricane Sandy through waiver of the requirements of
sections 35 and 36 of the general city law for a period of 12 months.
  S 2. Definitions. For the purposes of this act,  the  following  terms
shall have the following meanings:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08512-04-3

S. 3736--A                          2

  1.  "Hurricane  Sandy"  shall  mean the storms, rains, or floods which
occurred within the city of New York  during  the  period  beginning  on
October 29, 2012 and ending November 3, 2012.
  2.  "Board"  shall mean the board of standards and appeals established
by chapter 2 of title 25 of the administrative code of the city  of  New
York.
  3.  "Department" shall mean the department of buildings of the city of
New York as defined in section 27-232 of the administrative code of  the
city of New York.
  4.  "Homeowner" shall mean any owner of a residential building located
on block 16350 lot 400, block 16350 lot 300 or block 16340 lot 50 in the
borough of Queens in the city of New York.
  S 3. Reinstatement of prior approved permits. In instances  where  the
department  approved applications for work permits for buildings located
on block 16350 lot 400, block 16350 lot 300 or block 16340 lot 50 in the
borough of Queens, including applications for new buildings,  Alt-1  and
Alt-2  alterations,  that expired due to Hurricane Sandy, the department
shall reinstate such prior approvals and allow the issuance of new  work
permits  based on such reinstatements to reconstruct originally approved
plans subject to  required  new  code  compliance.    No  letter  of  no
objection shall be required to be issued by the board prior to the issu-
ance of these new work permits.
  S  4.  Waiver  of  permit and hearing requirements. For a period of 12
months after the effective date of this act, the board shall  waive  the
requirements of section 35 and subdivision 2 of section 36 of the gener-
al  city law such that any homeowner seeking to rebuild or repair his or
her residence due to damage caused  by  Hurricane  Sandy  shall  not  be
required  to  seek  the  grant  of an appeal from the board or undergo a
hearing process. This section shall also apply to applications  for  new
buildings  and  Alt-1 and Alt-2 alterations due to destruction caused by
Hurricane Sandy, such that homeowners shall not be  required  to  submit
such  applications  for  approval by the board for a period of 12 months
after the effective date of this act.
  S 5. This act shall take effect immediately and shall  expire  and  be
deemed repealed 1 year after such effective date.

Co-Sponsors

view additional co-sponsors

S3736B (ACTIVE) - Bill Details

Law Section:
General City

S3736B (ACTIVE) - Bill Texts

view summary

Authorizes the reinstatement of prior approved work permits and waives certain requirements of general city law for homes devastated by Hurricane Sandy in the city of New York.

view sponsor memo
BILL NUMBER:S3736B

TITLE OF BILL: An act authorizing the reinstatement of prior approved
work permits and waiving the requirements of section 35 and
subdivision 2 of section 36 of the general city law as such provisions
relate to rebuilding and repairing homes devastated by Hurricane Sandy
in the city of New York; and providing for the repeal of such
provisions upon expiration thereof

PURPOSE OF BILL: The bill is designed to aid those residing in Breezy
Point that seek to rebuild or repair their homes following the
devastation or Hurricane Sandy. Due to the unique layout of Breezy
Point many homes do not have mapped street frontage which triggers a
BSA hearing and ultimate sign off. This application and review process
can typically take 6-12 months or more to be addressed and therefore
in a effort to speed recovery, it is a necessity to waive the
requirements of sections within the General City' Law in the aftermath
of Hurricane Sandy. As a result of the waiver, Breezy Point residents
can finally begin the process of rebuilding their homes and putting
their lives back together.

SUMMARY OF PROVISIONS:

§ 1: Legislative Intent

§ 2: Definitions

§ 3: Reinstatement of Prior Approved Permits

§ 4: Waiver of Permit and Hearing Requirements

§ 5: The Date the Act Shall Take Effect

JUSTIFICATION: The storms, rains and floods of Hurricane Sandy (Oct
29th 2012-Nov 3rd 2012) caused much devastation to residents of Breezy
Point. General City Law requires applications that can take up to 12
months or more to be completed. That is too long for our residents to
be without a home. They must be able to start rebuilding and have
shovels in the ground as soon as possible.

PRIOR LEGISLATION HISTORY: New Bill.

FISCAL IMPLICATIONS FOR STATE: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 3736--B
    Cal. No. 199

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 13, 2013
                               ___________

Introduced  by  Sens.  ADDABBO,  AVELLA, GOLDEN, LANZA -- 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 -- 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 authorizing the reinstatement of prior approved work permits  and
  waiving the requirements of section 35 and subdivision 2 of section 36
  of  the  general  city law as such provisions relate to rebuilding and
  repairing homes devastated by Hurricane Sandy in the city of New York;
  and providing for the repeal of such provisions upon expiration there-
  of

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

  Section  1.  Legislative  findings  and  intent. The storms, rains and
floods of Hurricane Sandy beginning  on  October  29,  2012  and  ending
November 3, 2012 catastrophically impacted real property situated in the
city  of  New York. Storm surges in the Breezy Point neighborhood in the
borough of Queens severely damaged or destroyed many buildings, followed
by a major fire which destroyed additional buildings.  Pursuant  to  the
requirements  of sections 35 and 36 of the general city law, owners must
submit  applications  to  the  board  of  standards  and   appeals   for
construction  subject  to the requirements of these provisions. However,
the unprecedented number of applications that  could  result  from  this
storm  might  hinder the expeditious repair and reconstruction of build-
ings in the area.
  The legislature finds that it is in the best interests  of  owners  of
homes and other buildings in Breezy Point to expedite the rebuilding and
repair  of  such  buildings  devastated  in  the wake of Hurricane Sandy
through waiver of the requirements of sections 35 and 36 of the  general
city law.
  S  2.  Definitions.  For the purposes of this act, the following terms
shall have the following meanings:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08512-10-3

S. 3736--B                          2

  1. "Hurricane Sandy" shall mean the storms,  rains,  or  floods  which
occurred  within  the  city  of  New York during the period beginning on
October 29, 2012 and ending November 3, 2012.
  2.  "Board"  shall mean the board of standards and appeals established
by chapter 27 of the New York city charter.
  3. "Department" shall mean the department of buildings of the city  of
New York established by chapter 26 of the New York city charter.
  4. "Owner" shall mean the owner of any building located in the subject
area.
  5.  "Subject area" shall mean block 16350 lot 400, block 16350 lot 300
or block 16340 lot 50 in the borough of Queens in the city of New York.
  6. "Substantial damage" shall have the same meaning as  set  forth  in
Appendix G201 of the New York city building code.
  S 3. Waiver of requirement for board approval to build in the bed of a
mapped street. In instances where the owner of a building located in the
subject  area that suffered substantial damage caused by Hurricane Sandy
seeks to rebuild such building in the bed of a mapped  street  no  board
approval  pursuant  to  section  35  of  the  general  city law shall be
required for the reconstruction of such building, including accompanying
proposed alteration and  enlargement  of  such  building,  provided  the
following conditions are met:
  1.  the  new construction is sprinklered in accordance with the stand-
ards of the local building and fire codes; and
  2. to the extent the mapped street serves as required access  pursuant
to subdivision 2 of section 36 of the general city law, or to the extent
such  provision  would  otherwise  require the grant of an appeal by the
board, the conditions set forth in section four of this act are met.
  S 4. Waiver of restriction on issuance  of  certificate  of  occupancy
without  grant  of  an appeal from the board. (a) In instances where the
owner of a building  located  in  the  subject  area  that  subsequently
suffered substantial damage caused by Hurricane Sandy, no board approval
pursuant to subdivision 2 of section 36 of the general city law shall be
required for the reconstruction of such building, including accompanying
proposed  alteration and enlargement of such building, provided that the
following conditions are met:
  1. the new construction is sprinklered in accordance with  the  stand-
ards set forth in the local building and fire codes; and
  2.  the  new  construction  does not increase the degree of horizontal
encroachment into the street; or
  3. where there is increased horizontal encroachment into  the  street,
it is limited to stairs or ramps required for access to the building and
deemed  necessary  to accommodate the elevation of structures to promote
flood resistant construction and a letter of no  objection  is  obtained
from the fire department of the city of New York.
  S  5.  Applications for construction under the circumstances described
in sections three and four of this act shall be filed with  the  depart-
ment within twelve months from the effective date of this act subject to
the  provisions  of articles 104 and 105 of chapter 1 of title 28 of the
administrative code of the city of New York pertaining to  time  limita-
tion of applications and expiration or permits.
  S  6.  This  act shall take effect immediately; provided, however that
the provisions of this act shall expire and be deemed  repealed  1  year
after such effective date.

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