Assembly Bill A4040A

                            
                    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.