NY State Senate Bill 2015-S2814A

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2016	print number 2814a
Jun 03, 2016	amend and recommit to cities
Jan 06, 2016	referred to cities
Jan 29, 2015	referred to cities

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S2814 - Details

See Assembly Version of this Bill:: A4040
Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§28-104.2, 28-105.5 & 28-105.12.7.1, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7412, A10511
2011-2012: S402, A317
2013-2014: S1872, A3722
2017-2018: S4519, A5823

2015-S2814 - Summary

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

2015-S2814 - Sponsor Memo

                                BILL NUMBER:S2814

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:

2013-14: A3722
2011-12: A317-A
2009-10: A10511-B

FISCAL IMPLICATIONS:

Unknown.

EFFECTIVE DATE:

Immediately.

2015-S2814 - Bill Text download pdf

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

    S. 2814                                                  A. 4040

                       2015-2016 Regular Sessions

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

                            January 29, 2015
                               ___________

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 amended by section 11 of part A of local law number
141  of  the  city  of New York for the year 2013, 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.
                                                           LBD00948-01-5

co-Sponsors

2015-S2814A (ACTIVE) - Details

See Assembly Version of this Bill:: A4040
Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§28-104.2, 28-105.5 & 28-105.12.7.1, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7412, A10511
2011-2012: S402, A317
2013-2014: S1872, A3722
2017-2018: S4519, A5823

2015-S2814A (ACTIVE) - Summary

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

2015-S2814A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2814A

 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 :

This bill would require notice to owners of adjoining property before
construction, excavation or demolition work is performed.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill would:

*require the New York City Department of Buildings (NYC DOB) to
provide written notification to adjoining property owners when an
application for approval of construction documents and when an
application for a permit is submitted to the Department;
*add excavation to the list of construction work that requires a
person who obtains a permit for such work to procure and maintain
insurance coverage for adjacent properties;
*add excavation to the list of construction work that requires proof
of insurance coverage for adjacent properties to be submitted to the
New York City Department of Buildings when applying for a permit; and,
*require NYC DOB to provide proof of such insurance and a copy of the

permit to owners of adjoining property thirty days before
construction, excavation or demolition work begins except in the event
that emergency work is authorized as defined in section 28-105.4.1 of
this code; and
*require, if such emergency work is necessary, the permit and proof of
insurance to be provided to owners of adjoining property within a
reasonable timeframe.

 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 :

2013-14: A.3722
2011-12: A.317-A
2009-10: A.10511-B

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S2814A (ACTIVE) - Bill Text download pdf

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

    S. 2814--A                                            A. 4040--A

                       2015-2016 Regular Sessions

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

                            January 29, 2015
                               ___________

IN  SENATE  --  Introduced by Sens. MONTGOMERY, COMRIE -- 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 -- read once and referred
  to  the  Committee on Cities -- recommitted to the Committee on Cities
  in accordance with Assembly Rule 3, sec. 2 -- reported and referred to
  the Committee on Codes -- 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 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 28-104.2 of the administrative code of the city of
New York, as amended by section 10 of part A of local law number 141  of
the city of New York for the year 2013, is amended to read as follows:
  S  28-104.2  Application  for  approval of construction documents. The
department shall assign an application number to and docket all applica-
tions for approval of construction documents and any amendments  thereto
filed  with  it. The department shall examine the construction documents
promptly after their submission. The examination shall be made under the
direction of the commissioner for compliance with the provisions of this
code and other applicable laws and rules. The personnel employed for the
examination of construction  documents  shall  be  qualified  registered
design  professionals,  experienced in building construction and design.
THE DEPARTMENT SHALL PROVIDE WRITTEN NOTIFICATION TO OWNERS OF ADJOINING
PROPERTY AT THE TIME SUCH APPLICATION IS SUBMITTED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00948-02-6

S. 2814--A                          2                         A. 4040--A

  S 2. Section 28-105.5 of the administrative code of the  city  of  New
York,  as amended by section 11 of part A of local law number 141 of the
city of New York for the year 2013, is amended to read as follows:
  S  28-105.5 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 project. 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).
THE DEPARTMENT SHALL PROVIDE WRITTEN NOTIFICATION TO OWNERS OF ADJOINING
PROPERTY AT THE TIME SUCH APPLICATION IS SUBMITTED.
  S 3. Section 28-105.12.7.1 of the administrative code of the  city  of
New  York, as amended by section 11 of part A of local law number 141 of
the city of New York for the year 2013, 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.  THE DEPARTMENT SHALL
PROVIDE SUCH 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,  EXCEPT  IN  THE  EVENT
THAT  EMERGENCY  WORK  IS AUTHORIZED AS DEFINED IN SECTION 28-105.4.1 OF
THIS CODE. IF SUCH EMERGENCY WORK IS NECESSARY, THE PERMIT AND PROOF  OF
INSURANCE  SHALL  BE  PROVIDED  TO OWNERS OF ADJOINING PROPERTY WITHIN A
REASONABLE TIMEFRAME.
  S 4. This act shall take effect immediately.

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Senate Bill S2814A

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities Committee

Actions

Bill Amendments

co-Sponsors

2015-S2814 - Details

2015-S2814 - Summary

2015-S2814 - Sponsor Memo

2015-S2814 - Bill Text download pdf

co-Sponsors

2015-S2814A (ACTIVE) - Details

2015-S2814A (ACTIVE) - Summary

2015-S2814A (ACTIVE) - Sponsor Memo

2015-S2814A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Cities Committee

Actions

Bill Amendments

co-Sponsors

Leroy Comrie

2015-S2814 - Details

2015-S2814 - Summary

2015-S2814 - Sponsor Memo

2015-S2814 - Bill Text download pdf

co-Sponsors

Leroy Comrie

2015-S2814A (ACTIVE) - Details

2015-S2814A (ACTIVE) - Summary

2015-S2814A (ACTIVE) - Sponsor Memo

2015-S2814A (ACTIVE) - Bill Text download pdf

Comments