S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  499--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. CARROLL, HEVESI, L. ROSENTHAL, BENEDETTO, COLTON,
   CYMBROWITZ, DINOWITZ, GOTTFRIED, WEPRIN -- Multi-Sponsored by -- M. of
   A.  GLICK,  PERRY -- read once and referred to the Committee on Cities
   -- 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 enacting the New York city department of buildings  commu-
   nity accountability act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings.  The  legislature  hereby  finds  and
 declares  that  the  health  and  safety of the population living in and
 around the many construction projects within the densely populated  city
 of  New  York  is  a matter of state concern as pressure mounts to build
 more and more while completing projects in the shortest  time  possible.
 Construction  is  the  most  dangerous occupation, with death rates four
 times  the  average  for  other  workers  and  conditions  adjacent   to
 construction sites dangerous to the public.
   A comprehensive public reporting system for the tracking of accidents,
 vacate orders, safety violations, and enforcement actions of the depart-
 ment of buildings is an essential component of assuring greater account-
 ability  and  transparency in assuring compliance with the building code
 and the zoning resolution to improve public safety.
   § 2. This act shall be known and may be cited as the  "New  York  city
 department of buildings community accountability act".
   § 3. Section 28-103.18.1 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05232-02-1

 A. 499--A                           2
 
   § 28-103.18.1 Complaint records. The department shall keep records  of
 complaints  made  by  any  person  in reference to any building or other
 matter under the jurisdiction of the department.    Recorded  complaints
 shall include the name and residence of the complainant, the name of the
 person  complained  of,  the  date of the entry of the complaint and any
 suggested remedies. Except for entries of names and  residences  of  the
 complainants,  such  records shall be made available for public examina-
 tion AND SHALL BE POSTED ON THE DEPARTMENT'S INFORMATION  WEBSITE  MAIN-
 TAINED  BY  THE  CITY  OF  NEW  YORK, SUBJECT TO SUCH REGULATIONS AS THE
 COMMISSIONER SHALL PRESCRIBE.
   § 4. The administrative code of the city of New  York  is  amended  by
 adding a new section 28-103.18.2 to read as follows:
   §  28-103.18.2  RECORDS  OF  CONSTRUCTION AND BUILDING ACCIDENTS.  THE
 DEPARTMENT SHALL MAINTAIN A RECORD  OF  ALL  CONSTRUCTION  AND  BUILDING
 ACCIDENTS  RESULTING  IN  EITHER  SERIOUS  PHYSICAL  INJURY  OR DEATH TO
 PERSONS OR DAMAGE TO PROPERTY ARISING OUT OF VIOLATIONS OF THE  BUILDING
 CODE,  INCLUDING BUT NOT LIMITED TO UNSAFE BUILDING ORDERS AND STOP WORK
 ORDERS.  SUCH RECORD SHALL BE POSTED  ON  THE  DEPARTMENT'S  INFORMATION
 WEBSITE  MAINTAINED BY THE CITY OF NEW YORK, SUBJECT TO SUCH REGULATIONS
 AS THE COMMISSIONER SHALL PRESCRIBE. THE COMMISSIONER SHALL  CAUSE  SUCH
 ACCIDENTS TO BE INVESTIGATED AND A WRITTEN REPORT PREPARED REGARDING THE
 CIRCUMSTANCES OF THE ACCIDENT.
   §  5.  The  administrative  code of the city of New York is amended by
 adding a new section 28-201.5 to read as follows:
   § 28-201.5 BIANNUAL REPORTS TO COMMUNITY  BOARDS  AND  BOROUGH  PRESI-
 DENTS.  THE DEPARTMENT SHALL, NOT LESS THAN BIANNUALLY, PROVIDE A REPORT
 ON DEPARTMENT ACTIONS TO EACH COMMUNITY BOARD,  FOR  DEPARTMENT  ACTIONS
 WITHIN  SUCH  BOARD,  AND  TO THE BOROUGH PRESIDENTS, FOR ACTIONS IN THE
 BOROUGH OF EACH BOROUGH PRESIDENT.  THE REPORT SHALL SHOW ALL  SPECIFIED
 IMMEDIATELY HAZARDOUS AND SPECIFIED MAJOR VIOLATIONS, THE NUMBER OF SUCH
 VIOLATIONS CORRECTED, ENFORCEMENT ACTIONS COMMENCED, AND THE DISPOSITION
 OF  ENFORCEMENT ACTIONS, WITHIN THE PERIOD, SEPARATED BY COMMUNITY BOARD
 AND BOROUGH PRESIDENT.   SUCH ENFORCEMENT ACTIONS  SHALL  INCLUDE  COURT
 ACTIONS,  ORDERS OF CLOSURE, AND ENVIRONMENTAL CONTROL BOARD ACTIONS AND
 ORDERS, INCLUDING FINES AND PENALTIES. THE REPORT SHALL FURTHER SHOW ALL
 UNSAFE BUILDING ORDERS, VACATE ORDERS, AND STOP WORK ORDERS.
   § 6. The administrative code of the city of New  York  is  amended  by
 adding a new section 28-207.6 to read as follows:
   §  28-207.6  INVESTIGATION  AND  REPORT;  DANGEROUS CONDITIONS, VACATE
 ORDER. WHENEVER THE DEPARTMENT HAS ISSUED AN ORDER REGARDING ANY DANGER-
 OUS CONDITIONS PURSUANT TO SECTION  28-216.4  OF  THIS  CHAPTER  OR  ANY
 VACATE  ORDER,  THE COMMISSIONER SHALL CAUSE THE CIRCUMSTANCES REGARDING
 SUCH ORDER TO BE INVESTIGATED,  AND  A  WRITTEN  REPORT  PREPARED.  SUCH
 REPORT  SHALL  BE  AVAILABLE  FOR  PUBLIC EXAMINATION, AND POSTED ON THE
 DEPARTMENT'S INFORMATION WEBSITE MAINTAINED BY THE  CITY  OF  NEW  YORK,
 PURSUANT TO SUCH REGULATIONS AS THE COMMISSIONER MAY PRESCRIBE.
   §  7. This act shall take effect one year after it shall have become a
 law.