S402-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 12, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 27, 2012: PRINT NUMBER 402A
• Jan 27, 2012: AMEND AND RECOMMIT TO CITIES
• Jan 4, 2012: REFERRED TO CITIES
• Apr 5, 2011: DEFEATED IN CITIES
• Feb 28, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2011: REFERRED TO CITIES

S402-2011 Meetings

S402-2011 Votes

S402-2011 Memo

 BILL NUMBER:  S402

 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: 28-105.12.7.1 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.

S402-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 402                                                    A. 317
 2011-2012 Regular Sessions
 SENATE - ASSEMBLY
 (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 28-105.12.7.1 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  28-105.12.7.1  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

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