S T A T E O F N E W Y O R K
________________________________________________________________________
3038
2021-2022 Regular Sessions
I N A S S E M B L Y
January 22, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Labor
AN ACT to amend the administrative code of the city of New York, in
relation to the department of buildings keeping records regarding
fatal construction accidents
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of section 28-103.21 of the adminis-
trative code of the city of New York, as amended by local law number 78
of the city of New York for the year 2017, is amended to read as
follows:
The commissioner shall, by January 2018 and monthly thereafter, post
on the department's website, in a machine-readable format, a list of
every incident, INCLUDING THOSE WHERE NO THREAT TO PUBLIC SAFETY
EXISTED, reported to the department in accordance with section
28-103.21.1 OF THIS ARTICLE, that occurred on every construction site
where construction work subject to permitting by the commissioner
resulted in (i) a fatality to any individual, including a member of the
general public or a construction worker, or (ii) an injury to any indi-
vidual, including a member of the general public or a construction work-
er, that requires transport by emergency medical services or requires
immediate emergency care at a hospital or offsite medical clinic,
regardless of whether such incident involved a violation of this code or
any other law or rule. Such list shall identify, at a minimum, the
following information for each incident that the department is required
to report on pursuant to this section:
§ 2. Section 28-103.14 of the administrative code of the city of New
York, as added by local law number 33 of the city of New York for the
year 2007, is amended to read as follows:
§28-103.14 Department records. The department shall keep official
records of applications received, permits and certificates issued, fees
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00803-01-1
A. 3038 2
collected, reports of inspections, EVERY INCIDENT, INCLUDING THOSE WHERE
NO VIOLATION OR THREAT TO PUBLIC SAFETY EXISTED, THAT OCCURRED ON EVERY
CONSTRUCTION SITE WITHIN THE CITY OF NEW YORK THAT RESULTED IN A FATALI-
TY, and notices and orders issued. Such records shall be retained in the
official records for the period required for retention of public
records.
§ 3. This act shall take effect immediately.