NY State Senate Bill 2017-S4519A

Archive: Last Bill Status Via A5823 - Signed by Governor

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 24, 2018	signed chap.217
Aug 13, 2018	delivered to governor
Jun 06, 2018	returned to assembly passed senate 3rd reading cal.1555 substituted for s4519a
Jun 06, 2018	substituted by a5823b ordered to third reading cal.1555
Jun 05, 2018	committee discharged and committed to rules
Jan 03, 2018	referred to cities
Jun 21, 2017	committed to rules
Jun 14, 2017	amended on third reading (t) 4519a
Jun 05, 2017	advanced to third reading
May 24, 2017	2nd report cal.
May 23, 2017	1st report cal.1247
Feb 16, 2017	referred to cities

Votes

- Jun 6, 2018 - Floor Vote
  A5823
  
  54
  
  Aye
  
  7
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2018
      
      aye (54)
      
      Addabbo Jr.
      
      Alcantara
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Hamilton
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      nay (7)
      
      Akshar
      
      Funke
      
      Griffo
      
      Helming
      
      Marchione
      
      Ortt
      
      Young
      
      excused (2)
      
      Amedore
      
      Croci
  Jun 5, 2018 - Rules Committee Vote
  S4519A
  
  24
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 5, 2018
      
      aye (24)
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      nay (1)
      
      Bonacic
  May 23, 2017 - Committee Vote
  S4519A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 23, 2017
      
      aye (7)
      
      Akshar
      
      Avella
      
      Felder
      
      Funke
      
      Jacobs
      
      Persaud
      
      Serrano

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S4519 - Details

See Assembly Version of this Bill:: A5823
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§28-104.2, 28-105.5 & 28-105.12.7.1, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7412, A10511
2011-2012: S402, A317
2013-2014: S1872, A3722
2015-2016: S2814, A4040

2017-S4519 - Summary

Requires notice to adjoining owners of construction or demolition work at the time such application for approval is submitted.

2017-S4519 - Sponsor Memo

                                 BILL NUMBER:  S4519

 TITLE OF BILL :

An act to amend the administrative code of the city of New York, in
relation to requiring notice to adjoining owners of construction,
excavation or demolition work

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would require notice to owners of adjoining property before
construction, excavation or demolition work is performed.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Section 28-104.2: requires the New York City Department of
Buildings (NYC DOB) to provide written notification to adjoining
property owners when an application for approval of construction
documents and when an application for a permit is submitted to the
Department;

Section 28-105.12.7.1 adds excavation to the list of construction work
that requires a person who obtains a permit for such work to procure
and maintain insurance coverage for adjacent properties; and adds
excavation to the list of construction work that requires proof of
insurance coverage for adjacent properties to be submitted to the New

York City Department of Buildings when applying for a permit;

Section 28-105.12.7.1 requires NYC DOB to provide proof of such
insurance and a copy of the permit to owners of adjoining property
thirty days before construction, excavation or demolition work begins
except in the event that emergency work is authorized as defined in
section 28-105.4.1 of this code; and requires, if such emergency work
is necessary, the permit and proof of insurance to be provided to
owners of adjoining property within a reasonable timeframe.

 JUSTIFICATION :

Construction, demolition, or excavation work performed on a building
that shares a wall with a neighboring building, is always complicated.
Therefore the consequences of performing such work, especially as it
relates to threats to public safety, must be considered before the
work is performed. Particularly, in some instances, the neighbor may
be able to provide information which can highlight some potentially
dangerous conditions.

For example, in June 2009 when a building collapsed on 493 Myrtle
Avenue, in Brooklyn, New York, it collapsed largely because the
engineers and contractors were unaware of several significant story
vertical cracks, although they were visible to the tenants. 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. However, had this
legislation been in place, this unfortunate incident would not have
occurred. Therefore, it is imperative that this legislature acts now,
in order to avoid these accidents occurring in the future.

 PRIOR LEGISLATIVE HISTORY :

2013-14: A.3722
2011-12: A.317-A
2009-10: A.10511-B

 FISCAL IMPLICATIONS :

None to the State.
 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4519 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4519
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2017
                                ___________
 
 Introduced  by Sens. MONTGOMERY, COMRIE -- read twice and ordered print-
   ed, 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  notice  to  adjoining owners of construction,
   excavation or demolition work

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 28-104.2 of the administrative code of the city of
 New York, as amended by section 10 of part A of local law number 141  of
 the city of New York for the year 2013, is amended to read as follows:
   §  28-104.2  Application  for  approval of construction documents. The
 department shall assign an application number to and docket all applica-
 tions for approval of construction documents and any amendments  thereto
 filed  with  it. The department shall examine the construction documents
 promptly after their submission. The examination shall be made under the
 direction of the commissioner for compliance with the provisions of this
 code and other applicable laws and rules. The personnel employed for the
 examination of construction  documents  shall  be  qualified  registered
 design  professionals,  experienced in building construction and design.
 THE DEPARTMENT SHALL PROVIDE WRITTEN NOTIFICATION TO OWNERS OF ADJOINING
 PROPERTY AT THE TIME SUCH APPLICATION IS SUBMITTED.
   § 2. 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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07149-02-7

 S. 4519                             2
 
 no  later than 12 months after the approval of all required construction
 documents (other than those documents approved for deferred  submittal).
 THE DEPARTMENT SHALL PROVIDE WRITTEN NOTIFICATION TO OWNERS OF ADJOINING
 PROPERTY AT THE TIME SUCH APPLICATION IS SUBMITTED.
   §  3.  Section 28-105.12.7.1 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:
   §  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.   THE DEPARTMENT  SHALL
 PROVIDE  SUCH  PROOF  OF  SUCH INSURANCE TOGETHER WITH THE PERMIT TO THE
 OWNERS OF ADJOINING PROPERTY THIRTY DAYS PRIOR TO  THE  COMMENCEMENT  OF
 THE  CONSTRUCTION,  EXCAVATION  OR  DEMOLITION WORK, EXCEPT IN THE EVENT
 THAT EMERGENCY WORK IS AUTHORIZED AS DEFINED IN  SECTION  28-105.4.1  OF
 THIS  CODE. IF SUCH EMERGENCY WORK IS NECESSARY, THE PERMIT AND PROOF OF
 INSURANCE SHALL BE PROVIDED TO OWNERS OF  ADJOINING  PROPERTY  WITHIN  A
 REASONABLE TIMEFRAME.
   § 4. This act shall take effect immediately.

co-Sponsors

2017-S4519A (ACTIVE) - Details

See Assembly Version of this Bill:: A5823
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§28-104.2, 28-105.5 & 28-105.12.7.1, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7412, A10511
2011-2012: S402, A317
2013-2014: S1872, A3722
2015-2016: S2814, A4040

2017-S4519A (ACTIVE) - Summary

Requires notice to adjoining owners of construction or demolition work at the time such application for approval is submitted.

2017-S4519A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4519A

 TITLE OF BILL :  An act to amend the administrative code of the city
of New York, in relation to requiring notice to adjoining owners of
construction or demolition work

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would require notice to owners of adjoining property before
construction, or demolition work is performed.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Section 28-104.2: requires the New York City Department of
Buildings (NYC DOB) to provide written notification to adjoining
property owners when an application for approval of construction
documents and when an application for a permit is submitted to the
Department;

Section 28-105.12.7.1 requires NYC DOB to provide proof of such
insurance and a copy of the permit to owners of adjoining property
thirty days before construction, or demolition work begins except in
the event that emergency work is authorized as defined in section
28-105.4.1 of this code; and requires, if such emergency work is
necessary, the permit and proof of insurance to be provided to owners
of adjoining property within a reasonable timeframe.

 JUSTIFICATION :

Construction, or demolition work performed on a building that shares a
wall with a neighboring building, is always complicated.  Therefore
the consequences of performing such work, especially as it relates to
threats to public safety, must be considered before the work is
performed. Particularly, in some instances, the neighbor may be able
to provide information which can highlight some potentially dangerous
conditions.

For example, in June 2009 when a building collapsed on 493 Myrtle
Avenue, in Brooklyn, New York, it collapsed largely because the
engineers and contractors were unaware of several significant story
vertical cracks, although they were visible to the tenants. 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. However, had this
legislation been in place, this unfortunate incident would not have
occurred. Therefore, it is imperative that this legislature acts now,
in order to avoid these accidents occurring in the future.

 PRIOR LEGISLATIVE HISTORY :

2013-14: A.3722
2011-12: A.317-A
2009-10: A.10511-B

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4519A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4519--A
     Cal. No. 1247
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2017
                                ___________
 
 Introduced  by  Sens. MONTGOMERY, COMRIE, HAMILTON, PARKER -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Cities -- reported favorably from said committee, ordered to  first
   and  second  report,  ordered  to a third reading, amended and ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation  to  requiring  notice to adjoining owners of construction or
   demolition work
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 28-104.2 of the administrative code of the city of
 New York, as amended by section 10 of part A of local law number 141  of
 the city of New York for the year 2013, is amended to read as follows:
   §  28-104.2  Application  for  approval of construction documents. The
 department shall assign an application number to and docket all applica-
 tions for approval of construction documents and any amendments  thereto
 filed  with  it. The department shall examine the construction documents
 promptly after their submission. The examination shall be made under the
 direction of the commissioner for compliance with the provisions of this
 code and other applicable laws and rules. The personnel employed for the
 examination of construction  documents  shall  be  qualified  registered
 design  professionals,  experienced in building construction and design.
 THE DEPARTMENT SHALL PROVIDE WRITTEN NOTIFICATION TO OWNERS OF ADJOINING
 PROPERTY AT THE TIME SUCH APPLICATION IS SUBMITTED.
   § 2. 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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD07149-04-7

 S. 4519--A                          2
 
 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).
 THE DEPARTMENT SHALL PROVIDE WRITTEN NOTIFICATION TO OWNERS OF ADJOINING
 PROPERTY AT THE TIME SUCH APPLICATION IS SUBMITTED.
   §  3.  Section 28-105.12.7.1 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:
   §  28-105.12.7.1  Insurance coverage for adjacent properties. A person
 who obtains a permit for construction or demolition operations shall, at
 such person's own expense, procure and maintain for the duration of  the
 operations,  insurance  of  a kind and in an amount specified 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
 or demolition work.  THE DEPARTMENT SHALL PROVIDE  SUCH  PROOF  OF  SUCH
 INSURANCE  TOGETHER  WITH THE PERMIT TO THE OWNERS OF ADJOINING PROPERTY
 THIRTY DAYS PRIOR TO THE COMMENCEMENT OF THE CONSTRUCTION OR  DEMOLITION
 WORK,  EXCEPT  IN THE EVENT THAT EMERGENCY WORK IS AUTHORIZED AS DEFINED
 IN SECTION 28-105.4.1 OF THIS CODE. IF SUCH EMERGENCY WORK IS NECESSARY,
 THE PERMIT AND PROOF OF INSURANCE SHALL BE PROVIDED TO OWNERS OF ADJOIN-
 ING PROPERTY WITHIN A REASONABLE TIMEFRAME.
   § 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4519A

Sponsored By

Archive: Last Bill Status Via A5823 - Signed by Governor

Jun 6, 2018 - Floor Vote

Floor Vote: Jun 6, 2018

Jun 5, 2018 - Rules Committee Vote

Rules Committee Vote: Jun 5, 2018

May 23, 2017 - Committee Vote

Committee Vote: May 23, 2017

Bill Amendments

co-Sponsors

2017-S4519 - Details

2017-S4519 - Summary

2017-S4519 - Sponsor Memo

2017-S4519 - Bill Text download pdf

co-Sponsors

2017-S4519A (ACTIVE) - Details

2017-S4519A (ACTIVE) - Summary

2017-S4519A (ACTIVE) - Sponsor Memo

2017-S4519A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4519A

Share this bill

Sponsored By

Archive: Last Bill Status Via A5823 - Signed by Governor

Bill Amendments

co-Sponsors

2017-S4519 - Details

2017-S4519 - Summary

2017-S4519 - Sponsor Memo

2017-S4519 - Bill Text download pdf

co-Sponsors

2017-S4519A (ACTIVE) - Details

2017-S4519A (ACTIVE) - Summary

2017-S4519A (ACTIVE) - Sponsor Memo

2017-S4519A (ACTIVE) - Bill Text download pdf

Comments