S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9534
 
                           I N  A S S E M B L Y
 
                             January 24, 2020
                                ___________
 
 Introduced by M. of A. ABBATE -- 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 associated with filming in and about the  city  of
   New York
 
   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 title 33 to read as follows:
                                 TITLE 33
     PERMITS ASSOCIATED WITH FILMING IN AND ABOUT THE CITY OF NEW YORK
                                 CHAPTER 1
                       DEFINITIONS AND APPLICABILITY
   § 33-101 DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
 MEAN:
   1.  "THE  MAYOR'S OFFICE OF FILM, THEATER AND BROADCASTING" SHALL MEAN
 THE ENTITY RESPONSIBLE FOR THE ISSUANCE OF PERMITS TO ENGAGE  IN  SCOUT-
 ING,  RIGGING,  SHOOTING  AND/OR  PRODUCTION ACTIVITIES IN AND ABOUT THE
 CITY OF NEW YORK.
   2. "PERMITTEE" SHALL MEAN A PERSON OR ENTITY TO WHOM A PERMIT  ASSOCI-
 ATED  WITH  FILMING IN AND ABOUT THE CITY OF NEW YORK HAS BEEN ISSUED BY
 THE MAYOR'S OFFICE OF FILM, THEATER AND BROADCASTING.
   3. "PERMITTED PREMISES" SHALL MEAN  THE  PREMISES  IDENTIFIED  IN  THE
 PERMIT ISSUED BY THE MAYOR'S OFFICE OF FILM, THEATER AND BROADCASTING.
   4.  "PRODUCTION  SITE" SHALL MEAN THE LOCATION WHERE SCOUTING, RIGGING
 AND/OR SHOOTING ACTIVITIES WILL OCCUR.
   5. "RIGGING" SHALL MEAN THE LOADING IN  OR  LOADING  OUT,  LOADING  OR
 UNLOADING,  OF  ANY  SHOOTING OR PRODUCTION RELATED EQUIPMENT, INCLUDING
 BUT NOT LIMITED TO PROPS, SETS, ELECTRIC  AND  GRIP  EQUIPMENT,  AT  ANY
 LOCATION,  TIME  AND  DATE  WHERE  FILM  OR THEATRICAL PRODUCTION IS NOT
 OCCURRING.
   6. "SCOUTING" SHALL MEAN THE ACT OF VIEWING, ASSESSING AND PHOTOGRAPH-
 ING LOCATIONS  FOR  FILMING  OR  PHOTOGRAPHY  DURING  PRE-PRODUCTION  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14738-01-0

 A. 9534                             2
 
 PRODUCTION  FOR,  INCLUDING,  BUT  NOT  LIMITED  TO,  STILL PHOTOGRAPHY,
 FEATURE FILMS, TELEVISION SERIES, MINI-SERIES OR SPECIALS.
   7.  "SHOOTING"  SHALL  INCLUDE (A) FILMING INTERIORS OR EXTERIORS, AND
 (B) THEATRICAL PRODUCTIONS WHOSE PERFORMANCES ARE PRESENTED INDOORS.
   § 33-102 APPLICABILITY OF THIS TITLE. THE  PROVISIONS  OF  THIS  TITLE
 SHALL  SUPERSEDE ANY RULES PROMULGATED BY THE CITY OF NEW YORK REGARDING
 SCOUTING, RIGGING AND PRODUCTION ACTIVITIES FOR FILMING IN AND ABOUT THE
 CITY OF NEW YORK.
                                 CHAPTER 2
                                  PERMITS
   § 33-201 PROCESSING OF PERMITS FOR SCOUTING,  RIGGING  AND  PRODUCTION
 ACTIVITIES.
   1.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, THE MAYOR'S
 OFFICE OF FILM, THEATER AND BROADCASTING SHALL NOT ISSUE A PERMIT TO  AN
 APPLICANT  SEEKING TO PERFORM SCOUTING, RIGGING AND/OR PRODUCTION ACTIV-
 ITIES AT ANY PREMISES THAT HAS ONE OR MORE OPEN  OR  PENDING  VIOLATIONS
 ISSUED  TO OR ASSOCIATED WITH SUCH PREMISES BY THE NEW YORK CITY DEPART-
 MENT OF BUILDINGS, FIRE DEPARTMENT OF THE CITY OF NEW YORK, OR NEW  YORK
 CITY  DEPARTMENT  OF  HOUSING  PRESERVATION AND DEVELOPMENT. THE MAYOR'S
 OFFICE OF FILM, THEATER AND BROADCASTING SHALL REQUIRE EACH APPLICANT TO
 CERTIFY THERE ARE NO OPEN OR PENDING NEW YORK CITY DEPARTMENT OF  BUILD-
 INGS,  FIRE DEPARTMENT OF THE CITY OF NEW YORK, OR NEW YORK CITY DEPART-
 MENT OF HOUSING PRESERVATION AND DEVELOPMENT  VIOLATIONS  ISSUED  TO  OR
 ASSOCIATED  WITH  ANY  PREMISES  AT WHICH THE APPLICANT SEEKS TO PERFORM
 RIGGING, PRODUCTION, OR SHOOTING OPERATIONS.
   2. IF, AT THE TIME THAT THE APPLICANT MADE APPLICATION FOR A SCOUTING,
 RIGGING AND PRODUCTION ACTIVITIES PERMIT, ANY OPEN OR PENDING VIOLATIONS
 FOR A PREMISES EXISTED, THE APPLICANT SHALL ENSURE THAT SUCH  VIOLATIONS
 ARE  CURED  AND DETERMINED TO BE CLOSED BY THE ISSUING ENTITY. ONCE SUCH
 VIOLATION OR VIOLATIONS HAVE BEEN CLOSED BY THE ISSUING ENTITY OR  ENTI-
 TIES,  THE  APPLICANT SHALL THEN CERTIFY IN WRITING AND UNDER THE PENAL-
 TIES OF PERJURY TO THE MAYOR'S OFFICE OF FILM, THEATER AND BROADCASTING,
 THAT SUCH VIOLATION OR VIOLATIONS HAVE BEEN CURED OR REMEDIED AND DETER-
 MINED TO BE CLOSED BY  THE  ISSUING  ENTITY.  SUCH  CERTIFICATION  SHALL
 INCLUDE  WRITTEN  EVIDENCE  THAT  SUCH VIOLATION OR VIOLATIONS HAVE BEEN
 CURED OR REMEDIED AND CLOSED BY THE ISSUING ENTITY.
   § 33-202 RESPONSIBILITIES OF HOLDERS OF REQUIRED OR  OPTIONAL  PERMITS
 ISSUED  BY  THE  MAYOR'S  OFFICE  OF  FILM, THEATER AND BROADCASTING. 1.
 DESIGNATION OF FIRE SAFETY INSPECTOR. (A) NOTWITHSTANDING ANY  PROVISION
 OF LAW TO THE CONTRARY, PRIOR TO ENGAGING IN ANY RIGGING, PRODUCTION, OR
 SHOOTING ACTIVITIES, A PERMITTEE SHALL DESIGNATE AT LEAST ONE FIRE SAFE-
 TY  DIRECTOR WHO MEETS THE QUALIFICATIONS PRESCRIBED IN PARAGRAPH (C) OF
 THIS SUBDIVISION FOR THE PROJECT. SUCH  DESIGNATION  SHALL  BE  MADE  IN
 WRITING TO THE MAYOR'S OFFICE OF FILM, THEATER AND BROADCASTING.
   (B) RESPONSIBILITIES OF THE FIRE SAFETY DIRECTOR. A FIRE SAFETY DIREC-
 TOR  SHALL BE PRESENT AT THE PRODUCTION SITE AT ALL TIMES DURING RIGGING
 AND/OR SHOOTING OPERATIONS. THE FIRE SAFETY DIRECTOR SHALL  ENSURE  THAT
 THE  SITE  IS  MAINTAINED IN A SAFE CONDITION DURING RIGGING, PRODUCTION
 AND SHOOTING OPERATIONS AND THAT THE PREMISES REMAIN FREE OF ANY  CONDI-
 TIONS  CONSTITUTING  A  VIOLATION OF ANY STATUTE, RULE, OR REGULATION OF
 THE NEW YORK CITY DEPARTMENT OF BUILDINGS, FIRE DEPARTMENT OF  THE  CITY
 OF  NEW  YORK,  OR  NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND
 DEVELOPMENT.
   (C) MINIMUM QUALIFICATIONS FOR DESIGNATION AS A FIRE SAFETY INSPECTOR.
 NO PERSON SHALL BE DESIGNATED A FIRE SAFETY INSPECTOR  FOR  PURPOSES  OF
 THIS TITLE UNLESS HE OR SHE MEETS THE FOLLOWING MINIMUM QUALIFICATIONS:

 A. 9534                             3
 
   (I) EDUCATION. A FIRE SAFETY INSPECTOR SHALL BE A HIGH SCHOOL GRADUATE
 OR POSSESS A GENERAL EDUCATION DEVELOPMENT DIPLOMA; AND
   (II)  EXPERIENCE.  A  FIRE SAFETY INSPECTOR SHALL (A) POSSESS AT LEAST
 THREE YEARS' EXPERIENCE IN THE INSPECTION AND/OR MAINTENANCE  OF  BUILD-
 INGS  TO ENSURE THAT SUCH BUILDINGS ARE SAFE AND DO NOT POSE ANY HAZARDS
 TO THE PUBLIC; (B) POSSESS THE ABILITY TO READ PLANS AND BLUEPRINTS; AND
 (C) HAVE A BASIC KNOWLEDGE OF  PREVENTATIVE  MAINTENANCE  IN  CARPENTRY,
 ELECTRICAL, AND PLUMBING.
   2.  ALTERATIONS TO A PERMITTED PREMISES. NOTWITHSTANDING ANY PROVISION
 OF LAW TO THE CONTRARY, IF A PERMITTEE SEEKS  TO  PERFORM  ANY  MATERIAL
 ALTERATIONS  TO  A  PREMISES,  INCLUDING  BUT  NOT LIMITED TO STRUCTURAL
 CHANGES, CHANGES TO THE PLUMBING AND/OR  HEATING  AND  COOLING  SYSTEMS,
 CHANGES  TO FIRE DETECTION AND/OR FIRE SUPPRESSION SYSTEMS, OR THE ADDI-
 TION OR REMOVAL OF WALLS/PARTITIONS IN PREPARATION  FOR  OR  DURING  ANY
 RIGGING,  PRODUCTION,  OR  SHOOTING ACTIVITY, HE OR SHE SHALL NOTIFY THE
 MAYOR'S OFFICE OF FILM, THEATER AND  BROADCASTING,  THE  NEW  YORK  CITY
 DEPARTMENT OF BUILDINGS AND THE LOCAL FIRE DEPARTMENT OF THE CITY OF NEW
 YORK ADMINISTRATIVE FIRE COMPANY OF SAID ALTERATIONS IN WRITING PRIOR TO
 ALTERING  SUCH PERMITTED PREMISES. ALL MATERIAL ALTERATIONS TO A PERMIT-
 TED PREMISES SHALL BE APPROVED BY THE MAYOR'S OFFICE  OF  FILM,  THEATER
 AND  BROADCASTING,  THE  NEW  YORK CITY DEPARTMENT OF BUILDINGS, AND THE
 FIRE DEPARTMENT OF THE CITY OF NEW YORK.  UPON COMPLETION OF SUCH ALTER-
 ATIONS, SUCH PERMITTEE SHALL NOTIFY THE LOCAL  FIRE  DEPARTMENT  OF  THE
 CITY  OF NEW YORK ADMINISTRATIVE FIRE COMPANY OF THE COMPLETION THEREOF.
 WITHIN ONE BUSINESS DAY OF RECEIPT OF THE COMPLETION  NOTICE,  THE  FIRE
 DEPARTMENT  OF  THE  CITY OF NEW YORK SHALL INSPECT THE PREMISES. IF THE
 ALTERATIONS PASS INSPECTION, THE PERMITTEE SHALL BE ABLE TO CONTINUE THE
 RIGGING, SHOOTING, OR PRODUCTION ACTIVITIES.  ADDITIONALLY, THE  PERMIT-
 TEE  SHALL  DISPLAY,  ON  ALL EXTERIOR WALLS OF THE PREMISES, SIGNAGE OR
 MARKINGS, OF SUCH CONTENT, SIZE AND PLACEMENT AS APPROVED BY  THE  LOCAL
 FIRE DEPARTMENT OF THE CITY OF NEW YORK ADMINISTRATIVE COMPANY, TO INDI-
 CATE THAT SAID ALTERATIONS HAVE BEEN MADE THEREIN.
   3.  USING  COMBUSTIBLE MATERIALS. NOTWITHSTANDING ANY PROVISION OF LAW
 TO THE CONTRARY, IF A  PERMITTEE  SEEKS  TO  UTILIZE  POTENTIALLY  TOXIC
 COMBUSTIBLE   MATERIALS,   INCLUDING,   BUT   NOT   LIMITED   TO,  SPRAY
 FOAM/STYROSPRAY OR POLYURETHANE DURING RIGGING, PRODUCTION  OR  SHOOTING
 ACTIVITIES, SUCH PERMITTEE SHALL, IN WRITING AND PRIOR TO THE USE OF ANY
 COMBUSTIBLE  MATERIALS  NOTIFY  THE LOCAL FIRE DEPARTMENT OF THE CITY OF
 NEW YORK ADMINISTRATIVE COMPANY OF SUCH  PERMITTEE'S  INTENTION  TO  USE
 COMBUSTIBLE  MATERIALS  AT LEAST TWO BUSINESS DAYS BEFORE SUCH USE. SUCH
 NOTICE SHALL INCLUDE, FOR EACH COMBUSTIBLE MATERIAL,  THE  NAME  OF  THE
 COMBUSTIBLE  MATERIAL  AND  THE AMOUNT OF SUCH COMBUSTIBLE MATERIAL THAT
 WILL BE USED.
                                 CHAPTER 3
                         INSURANCE AND COMPLIANCE
   § 33-301 INSURANCE.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO  THE
 CONTRARY,  EVERY HOLDER OF A REQUIRED PERMIT, AS SUCH TERM IS DEFINED IN
 PARAGRAPH ONE OF SUBDIVISION (B) OF SECTION  9-01  OF  CHAPTER  NINE  OF
 TITLE  FORTY-THREE  OF THE RULES OF THE CITY OF NEW YORK SHALL MAINTAIN,
 DURING THE ENTIRE COURSE OF ITS OPERATIONS, COMMERCIAL GENERAL LIABILITY
 INSURANCE WITH A LIMIT OF AT LEAST TEN MILLION DOLLARS PER OCCURRENCE.
   § 33-302 COMPLIANCE. THE FAILURE OF A PERMITTEE TO FULLY  COMPLY  WITH
 THE PROVISIONS OF THIS TITLE AND THE PROVISIONS OF CHAPTER NINE OF TITLE
 FORTY-THREE  OF  THE  RULES  OF THE CITY OF NEW YORK SHALL RESULT IN THE
 IMMEDIATE REVOCATION OF ANY AND ALL PERMITS ISSUED TO SUCH PERMITTEE FOR
 THE NON-COMPLYING PERMITTED ACTIVITIES AND THE IMMEDIATE  SUSPENSION  OF

 A. 9534                             4
 
 ALL  RIGGING, PRODUCTION, OR SHOOTING ACTIVITIES RELATED TO THE NON-COM-
 PLYING PERMITTED  ACTIVITIES.  ADDITIONALLY,  SUCH  PERMITTEE  SHALL  BE
 SUBJECT  TO  A  FINE OF NO LESS THAN TEN THOUSAND DOLLARS PER DAY AND NO
 MORE  THAN FIFTY THOUSAND DOLLARS PER DAY FOR EACH DAY OR PORTION THERE-
 OF, THAT NON-COMPLYING RIGGING, PRODUCTION  AND/OR  SHOOTING  ACTIVITIES
 TOOK  PLACE.  THE MAYOR'S OFFICE OF FILM, THEATER AND BROADCASTING SHALL
 DETERMINE THE AMOUNT OF AND ASSESS SUCH FINES. ANY REVOKED PERMITS SHALL
 NOT BE REISSUED BY THE MAYOR'S OFFICE OF FILM, THEATER AND  BROADCASTING
 UNTIL SUCH ASSESSED FINES ARE PAID IN FULL.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.