Requires notice to adjoining owners of construction, excavation or demolition work.
Ayes (2): Avella, Oppenheimer
Nays (4): Lanza, DeFrancisco, Grisanti, Robach
TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to permits for construction, excavation or demolition
PURPOSE OR GENERAL IDEA OF BILL: Requires notice to owners of adjoining property before construction, excavation or demolition work is performed.
SUMMARY OF SPECIFIC PROVISIONS: Amends Section: 28-126.96.36.199 adding proof of such insurance together with a copy of the application for the permit shall also be provided to the owners of adjoining property ninety days prior to the commencement of the construction or demolition work.
JUSTIFICATION: Construction, demolition, or excavation work which is performed on a building which shares a wall with the neighboring building is always complicated, and the consequences of performing that work, especially as they relate to threats to public safety, must be considered before the work is performed. In some instances the neighbor will actually be able to provide information which can highlight some potentially dangerous conditions so they can be properly addressed.
This is illustrated by a building collapse which occurred in June 2009. The building 493 Myrtle Avenue, Brooklyn NY collapsed in large part because the engineers and contractors were unaware of a several significant several story vertical cracks which were clearly visible to tenants at 491 Myrtle Avenue. As a result, the appropriate precautions were not followed, and 493 Myrtle collapsed to the ground. Several people were injured and fourteen were left homeless. Thankfully, no one lost their lives. Had this legislation been in place this unfortunate incident would not have occurred. It is imperative that this legislature does what it can to avoid future avoidable accidents.
PRIOR LEGISLATIVE HISTORY: First introduced in 2010.
FISCAL IMPLICATIONS: Unknown.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 402 A. 317 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 5, 2011 ___________IN SENATE -- Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Cities IN ASSEMBLY -- Introduced by M. of A. ROBINSON -- 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 for construction, excavation or demolition THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 28-188.8.131.52 of the administrative code of the city of New York, as added by local law number 8 of the city of New York for the year 2008, is amended to read as follows: S 28-184.108.40.206 Insurance coverage for adjacent properties. A person who obtains a permit for construction, EXCAVATION or demolition oper- ations shall, at such person's own expense, procure and maintain for the duration of the operations, insurance of a kind and in an amount speci- fied by rule of the department, to insure any and all adjacent property owners and their lawful occupants fully for all risks of loss, damage to property or injury to or death of persons, arising out of or in connection with the performance of the proposed work. Such person shall submit proof of insurance to the department when applying for a permit for construction, EXCAVATION or demolition work. PROOF OF SUCH INSURANCE TOGETHER WITH THE PERMIT SHALL ALSO BE PROVIDED TO THE OWNERS OF ADJOIN- ING PROPERTY THIRTY DAYS PRIOR TO THE COMMENCEMENT OF THE CONSTRUCTION, EXCAVATION OR DEMOLITION WORK. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00273-01-1