NY State Senate Bill 2015-S1041

Senate Bill S1041

2015-2016 Legislative Session

Requires a plan examiner to review and approve all permit applications and inspection reports

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to cities
Jan 08, 2015	referred to cities

2015-S1041 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Amd §28-105.5, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4412
2017-2018: S1308

2015-S1041 (ACTIVE) - Summary

Requires a plan examiner to review and approve all permit applications and inspection reports; makes exceptions for cooperatives and condominiums.

2015-S1041 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1041

TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to requiring plan examiners to approve all
applications and inspections

PURPOSE OF THE BILL:

The purpose of the bill is to discontinue the practice of
"self-certification" of permit applications and inspection reports
required by the Department of Buildings.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 28-105.5 of the administrative
code of the city of New York by adding the requirement that all permit
applications, including amended permit applications for items eligible
for "deferred submittal" pursuant to § 28-104.2,6, except those permit
applications for cooperatives and condominiums, shall be reviewed and
approved by a plan examiner prior to the issuance of any permit by the
commissioner of the department of buildings.

Section 2 of the bill sets forth an immediate effective date

JUSTIFICATION:

The approval of permit applications and inspections required by the
Department of Buildings (DOB) is a vital part of DOB's responsibility
in assuring that all construction projects throughout the city of New
York are in compliance with the city's building code and other
applicable laws including zoning laws.

The practice of "self-certification" creates an inherent conflict when
the professionals providing these certifications are strongly
influenced by the needs of their clients for whom they are attempting
to complete construction within a timely and cost efficient manner. It
is in their client's best interest to proceed with less attention to
strict compliance with applicable laws and more attention to time and
cost.

Following DOB's authorization of "self-certification", instances of
professionals providing fraudulent certification of compliance with
the law became common place and placed the public's safety at great
risk due to substandard construction. Therefore, this change in the
law is necessary to require that a DOB plan examiner approve all
permit applications and inspection reports.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:


This act would take effect immediately.

2015-S1041 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1041

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

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  requiring plan examiners to approve all applications and
  inspections

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 28-105.5 of the administrative code of the city of
New York, as amended by section 11 of part A of local law number 141  of
the city of New York for the year 2013, is amended to read as follows:
  S  28-105.5 Application for permit. All applications for permits shall
be submitted on forms furnished by the  department.  Applications  shall
include  all  information required by this code, other applicable law or
the rules of the department. The applicant shall list  any  portions  of
the  design that have been approved for deferred submittal in accordance
with section 28-104.2.6. The application shall set forth  an  inspection
program  for the project. An application for a permit shall be submitted
no later than 12 months after the approval of all required  construction
documents  (other than those documents approved for deferred submittal).
ALL PERMIT APPLICATIONS, INCLUDING AMENDED PERMIT APPLICATIONS FOR ITEMS
ELIGIBLE FOR DEFERRED SUBMITTAL PURSUANT TO SECTION 28-104.2.6  OF  THIS
CHAPTER,  WITH THE EXCEPTION OF PERMIT APPLICATIONS FOR COOPERATIVES AND
CONDOMINIUMS, SHALL BE REVIEWED AND APPROVED BY A PLAN EXAMINER PRIOR TO
ITS ISSUANCE BY THE COMMISSIONER.
  S 2. This act shall take effect immediately and  shall  apply  to  any
application or inspection made after such effective date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01955-01-5

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