BILL NUMBER:  S1308

 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 :

2015-16: S.1041
2013-14: S.4412-A

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to any
application or inspection made after such effective date.