S T A T E O F N E W Y O R K
________________________________________________________________________
705
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. GLICK -- 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 deterring bird collisions on construction sites
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The administrative code of the city of New York is amended
by adding a new section 27-645.1 to read as follows:
§ 27-645.1 BIRD COLLISION DETERRENCE. (A) AS USED IN THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(1) "CONSTRUCTION WORK" SHALL MEAN ANY OR ALL WORK OR OPERATIONS
NECESSARY OR INCIDENTAL TO THE ERECTION, DEMOLITION, ASSEMBLING,
INSTALLING, OR EQUIPPING OF BUILDINGS, OR ANY ALTERATIONS AND OPERATIONS
INCIDENTAL THERETO;
(2) "SUBSTANTIAL RECONSTRUCTION WORK" SHALL MEAN ANY WORK IN WHICH THE
CONSTRUCTION WORK AFFECTS AT LEAST FIFTY PERCENT OF THE BUILDING'S FLOOR
AREA. SUCH TERM SHALL ALSO MEAN ANY WORK IN WHICH THE CONSTRUCTION WORK
RESULTS IN GLAZING AT LEAST FIFTY PERCENT OF THE BUILDING'S WINDOWS; AND
(3) "BIRD COLLISION DETERRENT SAFETY MEASURES" SHALL MEAN ANY MEAS-
URES, INCLUDING, BUT NOT LIMITED TO, BIRD FRIENDLY BUILDING GLASS OR
OTHER BUILDING CONSTRUCTION AND DESIGN TECHNIQUES INCORPORATING BIRD-
SAFE BUILDING MATERIALS AND DESIGN FEATURES IDENTIFIED IN THE RULES AND
REGULATIONS REQUIRED TO BE ADOPTED PURSUANT TO SUBDIVISION (B) OF THIS
SECTION.
(B) THE COMMISSIONER SHALL, NO LATER THAN JANUARY FIRST, TWO THOUSAND
TWENTY-ONE, ADOPT RULES AND REGULATIONS ESTABLISHING WHAT CONSTITUTES
BIRD COLLISION DETERRENT SAFETY MEASURES. IN ADOPTING SUCH RULES AND
REGULATIONS, THE DEPARTMENT SHALL CONSIDER INFORMATION INCLUDING, BUT
NOT LIMITED TO: (I) THE BEST PRACTICES FOR REDUCING BIRD COLLISIONS WITH
BUILDINGS AND BUILDING GLASS DEVELOPED BY THE DIVISION OF MIGRATORY BIRD
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05688-01-9
A. 705 2
MANAGEMENT IN THE UNITED STATES FISH AND WILDLIFE SERVICE, AND (II) THE
CREDIT FOR BIRD COLLISION DETERRENCE DEVELOPED AS PART OF THE LEADERSHIP
IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) GREEN BUILDING RATING SYSTEM,
ADOPTED BY THE UNITED STATES GREEN BUILDING COUNCIL. THE COMMISSIONER
SHALL UPDATE SUCH RULES AND REGULATIONS NO LESS THAN EVERY FIVE YEARS.
(C) WHENEVER A BUILDING UNDERGOES CONSTRUCTION WORK OR SUBSTANTIAL
RECONSTRUCTION WORK SUCH BUILDING SHALL BE DESIGNED AND CONSTRUCTED TO
COMPLY WITH BIRD COLLISION DETERRENT SAFETY MEASURES.
(D) THE COMMISSIONER SHALL NOT ISSUE A CERTIFICATE OF OCCUPANCY PURSU-
ANT TO ARTICLE ONE HUNDRED EIGHTEEN OF THIS CODE UNTIL THE APPLICANT
COMPLIES WITH THE PROVISIONS OF THIS SECTION.
§ 2. This act shall take effect immediately and shall apply to all
construction documents received after January 1, 2021.