S T A T E O F N E W Y O R K
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8687
2019-2020 Regular Sessions
I N A S S E M B L Y
October 23, 2019
___________
Introduced by M. of A. LENTOL -- 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 prohibiting the self-certification of project plans in
certain situations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section BC 3302.1 of the New York city building code is
amended by adding a new definition for "ADJOINING OWNER", in appropriate
alphabetical order, to read as follows:
ADJOINING OWNER. AN OWNER WHOSE PROPERTY SHARES A PROPERTY LINE WITH
THAT OF A DEVELOPER OR AN OWNER OF A HISTORIC PROPERTY WITHIN A LATERAL
DISTANCE OF NINETY FEET FROM A DEVELOPER'S PROPERTY LINE.
§ 2. Section BC 3302.1 of the New York city building code is amended
by adding a new definition for "DEVELOPER", in appropriate alphabetical
order, to read as follows:
DEVELOPER. ANY INDIVIDUAL OR BUSINESS ENTITY FILING FOR A PROJECT
PERMIT FROM THE DEPARTMENT OF BUILDINGS.
§ 3. Section BC 3309 of the New York city building code is amended by
adding a new section 3309.17 to read as follows:
3309.17 PROHIBITED SELF-CERTIFICATION. NOTWITHSTANDING ANY OTHER
PROVISIONS OF LAW TO THE CONTRARY, NO SELF-CERTIFICATION OR PROFESSIONAL
CERTIFICATION BY ANY ARCHITECT OR ENGINEER EMPLOYED, RETAINED OR OTHER-
WISE WORKING ON BEHALF OF ANY DEVELOPER SHALL BE PERMITTED IF A PROJECT
PLAN SHALL INCLUDE AT LEAST ONE OF THE FOLLOWING:
1. UNDERPINNING;
2. EXCAVATION WITHIN TEN FEET OF A PROPERTY LINE TO A DEPTH OF BETWEEN
FIVE AND TEN FEET;
3. DEMOLITION OF AN EXISTING BUILDING;
4. EXCAVATION ON A DEVELOPER'S PROPERTY TO A DEPTH OF OVER TEN FEET;
OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13949-01-9
A. 8687 2
5. ENCROACHMENT OF ANY KIND ON THE PROPERTY OF AN ADJOINING OWNER,
WHETHER PERMANENT OR TEMPORARY.
§ 4. This act shall take effect on the nineteenth day after it shall
have become a law.