Bill Text: NY A03115 | 2019-2020 | General Assembly | Amended


Bill Title: Enacts the New York city department of buildings community accountability act.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2020-03-12 - print number 3115a [A03115 Detail]

Download: New_York-2019-A03115-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3115--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 28, 2019
                                       ___________

        Introduced  by  M.  of A. CARROLL, L. ROSENTHAL, HEVESI, LENTOL, COLTON,
          BENEDETTO, CYMBROWITZ, GOTTFRIED, DINOWITZ, JAFFEE, CRESPO, WEPRIN  --
          Multi-Sponsored  by -- M. of A. GLICK, PERRY -- read once and referred
          to the Committee on Cities -- recommitted to the Committee  on  Cities
          in  accordance  with  Assembly Rule 3, sec. 2 -- 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:

     1    Section 1. Legislative findings.  The  legislature  hereby  finds  and
     2  declares  that  the  health  and  safety of the population living in and
     3  around the many construction projects within the densely populated  city
     4  of  New  York  is  a matter of state concern as pressure mounts to build
     5  more and more while completing projects in the shortest  time  possible.
     6  Construction  is  the  most  dangerous occupation, with death rates four
     7  times  the  average  for  other  workers  and  conditions  adjacent   to
     8  construction sites dangerous to the public.
     9    A comprehensive public reporting system for the tracking of accidents,
    10  vacate orders, safety violations, and enforcement actions of the depart-
    11  ment of buildings is an essential component of assuring greater account-
    12  ability  and  transparency in assuring compliance with the building code
    13  and the zoning resolution to improve public safety.
    14    § 2. This act shall be known and may be cited as the  "New  York  city
    15  department of buildings community accountability act".
    16    § 3. Section 28-103.18.1 of the administrative code of the city of New
    17  York,  as  added  by local law number 33 of the city of New York for the
    18  year 2007, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02047-03-0

        A. 3115--A                          2

     1    § 28-103.18.1 Complaint records. The department shall keep records  of
     2  complaints  made  by  any  person  in reference to any building or other
     3  matter under the jurisdiction of the department.    Recorded  complaints
     4  shall include the name and residence of the complainant, the name of the
     5  person  complained  of,  the  date of the entry of the complaint and any
     6  suggested remedies. Except for entries of names and  residences  of  the
     7  complainants,  such  records shall be made available for public examina-
     8  tion and shall be posted on the department's information  website  main-
     9  tained  by  the  city  of  New  York, subject to such regulations as the
    10  commissioner shall prescribe.
    11    § 4. The administrative code of the city of New  York  is  amended  by
    12  adding a new section 28-103.18.2 to read as follows:
    13    §  28-103.18.2  Records  of  construction and building accidents.  The
    14  department shall maintain a record  of  all  construction  and  building
    15  accidents  resulting  in  either injury or death to persons or damage to
    16  property arising out of violations of the building code,  including  but
    17  not limited to unsafe building orders and stop work orders.  Such record
    18  shall  be  posted  on the department's information website maintained by
    19  the city of New York, subject to such regulations  as  the  commissioner
    20  shall  prescribe.  The  commissioner  shall  cause  such accidents to be
    21  investigated and a written report prepared regarding  the  circumstances
    22  of the accident.
    23    §  5.  The  administrative  code of the city of New York is amended by
    24  adding a new section 28-201.5 to read as follows:
    25    § 28-201.5 Biannual reports to community  boards  and  borough  presi-
    26  dents.  The department shall, not less than biannually, provide a report
    27  on department actions to each community board,  for  department  actions
    28  within  such  board,  and  to the borough presidents, for actions in the
    29  borough of each borough president.  The report shall show all  specified
    30  immediately hazardous and specified major violations, the number of such
    31  violations corrected, enforcement actions commenced, and the disposition
    32  of  enforcement actions, within the period, separated by community board
    33  and borough president.   Such enforcement actions  shall  include  court
    34  actions,  orders of closure, and environmental control board actions and
    35  orders, including fines and penalties. The report shall further show all
    36  unsafe building orders, vacate orders, and stop work orders.
    37    § 6. The administrative code of the city of New  York  is  amended  by
    38  adding a new section 28-207.6 to read as follows:
    39    §  28-207.6  Investigation  and  report;  dangerous conditions, vacate
    40  order. Whenever the department has issued an order regarding any danger-
    41  ous conditions pursuant to section  28-216.4  of  this  chapter  or  any
    42  vacate  order,  the commissioner shall cause the circumstances regarding
    43  such order to be investigated,  and  a  written  report  prepared.  Such
    44  report  shall  be  available  for  public examination, and posted on the
    45  department's information website maintained by the  city  of  New  York,
    46  pursuant to such regulations as the commissioner may prescribe.
    47    §  7. This act shall take effect one year after it shall have become a
    48  law.
feedback