STATE OF NEW YORK
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1547
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities
AN ACT to amend the administrative code of the city of New York, in
relation to permits for cellular antennas
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 28-103.14.1 of the administrative code of the city
2 of New York, as added by local law number 33 of the city of New York for
3 the year 2007, is amended to read as follows:
4 §28-103.14.1 [List of permits] Permits for cellular antenna; list;
5 inspections. 1. Prior to the issuance of an alteration permit for the
6 erection or placement of antennae used to provide cellular telephone or
7 similar service or any structure related to such service, the commis-
8 sioner shall consider the aggregate total number of antennas in exist-
9 ence at and proposed for the subject property at the time of submission
10 of the application for a permit.
11 2. The commissioner shall maintain a separate list of alteration
12 permits issued for the erection or placement of antennae used to provide
13 cellular telephone or similar service or any structure related to such
14 service which shall, at a minimum, set forth the name, business address
15 and business telephone number of the applicant, the date of the applica-
16 tion, the date the permit was issued, the location for which the permit
17 was issued, including the premises address and the zoning district,
18 whether residential, commercial, or manufacturing, [and] the number of
19 permits issued for such purpose at the same location and the name of the
20 company that is or will be utilizing the antennae to provide cellular
21 telephone or similar service. Upon completion of the inspection
22 required by subdivision three of this section, such list shall be
23 updated to set forth the electromagnetic frequency being emitted from
24 each cellular antenna for which a permit was issued. Such list shall be
25 made available to the public upon request between regular business hours
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00605-01-7
S. 1547 2
1 and shall be available to the public in electronic format on a 24-hour
2 basis on the department's website. The information contained on such
3 list shall also be included on the department's building information
4 system and associated with the entry for the appropriate property.
5 3. In addition to other required inspections, the commissioner shall,
6 within thirty days of issuance of an alteration permit for the erection
7 or placement of antennae used to provide cellular telephone or similar
8 service or any structure related to such service, make or require
9 inspections of such antennae to ascertain compliance with the provisions
10 of this code, the provisions set forth in the application for an alter-
11 ation permit and any other laws, rules or regulations that are enforced
12 by the department, as well as to analyze compliance with the standards
13 of the federal communications commission for electromagnetic frequency
14 emissions. Such inspections may be made on behalf of the department by
15 officers and employees of the department and other city departments and
16 governmental agencies and by approved agencies, special inspectors or
17 other persons when the commissioner is satisfied as to their qualifica-
18 tions and reliability. The commissioner may accept inspection and test
19 reports from persons authorized by this code or by the commissioner to
20 perform such inspections. Such reports shall be filed with the depart-
21 ment.
22 4. Upon completion of the inspection required by subdivision three of
23 this section, the commissioner shall issue a certification of compliance
24 to the holder of the permit that shall include all of the information
25 contained on the list maintained pursuant to subdivision two of this
26 section.
27 § 2. This act shall take effect immediately.