In order to promote safety at construction sites and to ensure that construction ceases when there is evidence that work is occurring in violation of the law and the rules of the Department of Buildings, this bill amends the administrative code to require the Department of Buildings to issue stop work orders whenever notice to revoke a work permit is given.
- Filed (End of Session)
History
Int. No. 1372
By Council Members Gentile, Vallone and Dromm
A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of buildings to issue stop work orders along with notices to revoke work permits
Be it enacted by the Council as follows:
Section 1. Section 28-105.10.1 of the administrative code of the city of New York, as added by local law number 141 for the year 2013, is amended to read as follows:
§ 28-105.10.1 Notice of proposed revocation. The commissioner may, on written notice to the permit holder, revoke any permit for failure to comply with the provisions of this code or other applicable laws or rules; or whenever there has been any false statement or any misrepresentation as to a material fact in the application or submittal documents upon the basis of which such approval was issued; or whenever a permit has been issued in error and conditions are such that the permit should not have been issued. Such notice shall be accompanied by a stop work order pursuant to section 28-207.2 and must inform the permit holder of the reasons for the proposed revocation and that the applicant has the right to present to the commissioner or his or her representative within 10 business days of delivery of the notice by hand or 15 calendar days of the posting of notice by mail, information as to why the permit should not be revoked.
§ 2. Section 28-207.2 of the administrative code of the city of New York, as added by local law number 33 for the year 2007, is amended to read as follows:
§ 28-207.2 Stop work orders. Whenever the commissioner has given a permit holder notice of proposed revocation pursuant to section 28-105.10.1 or finds that any building work is being executed in violation of the provisions of this code, the 1968 building code, the zoning resolution or of any laws or rules enforced by the department, or in a dangerous or unsafe manner, the commissioner or his or her authorized representative may issue a stop work order.
§ 3. This local law takes effect 180 days after it becomes law, except that the department may take such measures as are necessary for the implementation of this local law, including the promulgation of rules, prior to such date.
SSY
LS # 8231/8332
10/28/2016 3:00pm