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S1308Senate2017-2018 Session

Require Plan Examiner Approval

Official title

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

Sponsor Tony AvellaSD-11Affects Local Government
Status
In Senate Committee
Cities
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Cities

What's happening

This bill requires most New York City building permit applications to be reviewed and approved by a plan examiner before issuance.

Why it matters

  1. Increases oversight and scrutiny on most building permit applications. by requiring a qualified plan examiner to review and approve them before issuance, potentially catching code violations or safety issues earlier in the process.

  2. May slow down the permit approval timeline. for most applicants, as city agencies will need to allocate sufficient plan examiners to handle the extra workload, possibly leading to longer wait times for permits.

  3. Excludes cooperatives and condominiums from the new review requirement. , which could create different standards and timelines for these types of properties compared to other buildings, affecting fairness and consistency in the permitting process.

  4. Could improve public safety and building compliance. by ensuring that a professional review is conducted before permits are granted, potentially reducing illegal construction, unsafe practices, and future enforcement actions.

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Who cares

Headline styles

Require Plan Examiner Approval

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Tony Avella

Senator · Senate District 11

Chair, Children And Families

No co-sponsors yet.

History

  1. Referred to cities
  2. Referred to cities

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1308

2017-2018 Regular Sessions

IN SENATE

January 9, 2017

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 Assembly, 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:

§ 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.

§ 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.

LBD00757-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.