Int. No. 96
By Council Members Spigner, Eldridge, Duane, Eisland and Carrion; also Council Members Lasher, Leffler, McCaffrey and Michels.
A Local Law to amend the administrative code of the city of New York, in relation to licensing of demolition contractors and multiple dwelling rehabilitation contractors and providing for the registration of demolition contracting businesses.
Be it enacted by the Council as follows:
Section 1. Subchapter two of chapter one of title twenty-six of the administrative code of the city of New York is amended by adding two new articles, ten and eleven, to read as follows:
Article 10
Demolition Contractor License and Registration of Demolition Contracting Business
§ 26-204.1 Definitions. For the purposes of this article:
a. "Demolition work" means the dismantling or razing of all or part of a building involving the removal of an exterior wall, including all operations incidental thereto.
b. "Direct and continuing supervision" means responsible control exercised by a licensed demolition contractor, either
personally or through one or more levels of competent supervision, over those persons performing the actual work.
§ 26-204.2 Requirement of license. It shall be unlawful for any demolition work to be performed on or after the effective date of this section unless such work is performed under the direct and continuing supervision of an individual licensed as a demolition contractor under the provisions of this article.
§ 26-204.3 License application. All applications for demolition contractor licenses shall be subject to the provisions of section 26-132 of this subchapter; and all applicants for such licenses shall comply with and be subject to the provisions of section 26-133 of this subchapter.
§ 26-204.4 License qualifications. In addition to the general qualifications prescribed in section 26-133 of this subchapter, all applicants for a demolition contractor license shall submit satisfactory proof establishing that the applicant is either a registered architect or a licensed professional engineer or has had at least seven years practical experience in demolition work, at least two years of which must have been in a supervisory position. The commissioner shall promulgate rules relating to the documentation necessary to establish that an applicant satisfies the experience requirement.
§ 26-204.5 License fees. The fee for a demolition contractor license shall be two hundred and fifty dollars and the annual renewal fee shall be one hundred dollars. Renewal of a license shall be subject to the payment of all penalties for adjudicated violations relating to the licensee which are outstanding at the time of application for renewal.
§ 26-204.7 Registration requirements. No individual, corporation, partnership or other business entity shall engage in the business of performing demoliton work on or after the effective date of this section unless: (a) such individual or entity has registered as a demolition contracting business with the department in accordance with the provisions of this section and the rules adopted pursuant thereto;
(b) such individual or a principal or employee of such entity is licensed as a demolition contractor pursuant to this article;
(c) all demolition work performed by such entity is performed by or under the direct and continuing supervision of a licensed demolition contractor; and
(d) such individual or entity shall at the time of registration with the department as a demolition contracting business and during the term thereof, have an established place of business within the city. The registrant shall notify the commissioner of any change of address of its place of business.
§ 26-204.8 Registration fee. The fee for registration as a demolition contracting business shall be five hundred dollars and the annual renewal fee shall be one hundred dollars.
§ 26-204.9 Civil penalty. In addition to any other remedies or penalties, any person who violates the provisions of this article or any of the rules promulgated hereunder shall be liable for a civil penalty of not more than twenty-five thousand dollars which may be imposed by the commissioner after notice and the opportunity for a hearing in accordance with the rules of the department. Such civil penalty may be recovered by the corporation counsel in an action in any court of appropriate jurisdiction.
Article 11
Multiple Dwelling Rehabilitation Contractor License
§ 26-204.10 Definitions. For the purposes of this article:
a. "Alteration work" means the cutting away of any wall, floor, or roof construction, or any portion thereof, or the removal, cutting or modification of any beams or structural supports. "Alteration work" shall not include any work that must be performed by or under, the supervision of a licensed master plumber, a licensed master fire suppression piping contractor, or a licensed master electrician.
b. "Direct and continuing supervision" means responsible control personally exercised by a licensed multiple dwelling contractor over those persons performing the actual work.
c. "Multiple dwelling" means a building containing three or more dwelling units. "Multiple dwelling" shall not include a hospital, school, convent, monastery, asylum or other public institution.
§ 26-204.11 Requirement of license. It shall be unlawful for alteration work to be performed on a multiple dwelling of four stories or more on or after the effective date of this section unless such work is performed under the direct and continuing supervision of an individual licensed as a multiple dwelling rehabilitation contractor under the provisions of this article. At least one such licensee shall
be present at all time during the performance of the work.
§ 26-204.12 License application. All applications for multiple dwelling rehabilitation contractor licenses shall be subject to the provisions of section 26-132 of this subchapter and all applicants for such licenses shall comply with and be subject to the provisions of section 26-133 of this subchapter.
§ 26-204.13 License qualifications. In addition to the general qualifications prescribed in section 26-133 of this subchapter, all applicants for a multiple dwelling rehabilitation contractor license shall submit satisfactory proof establishing that the applicant is either a registered architect or a licensed professional engineer or has had at least seven years' practical experience in performing alteration work at least two years of which must have been in a supervisory position. The commissioner shall promulgate rules relating to the documentation necessary to establish that an applicant satisfies the experience requirement.
§ 26-204.14 License fees. The fee for a multiple dwelling rehabilitation contractor license shall be four hundred dollars; and the annual renewal fee shall be one hundred dollars.
§ 26-204.15 License conditions. All multiple dwelling rehabilitation contractor licenses shall be conditioned upon and subject to the provisions of sections 26-136 through 26-139 of this subchapter.
§ 26-204.16 Civil penalty. In addition to any other remedies or penalties, any person who violates the provisions of this article or any of the rules promulgated hereunder shall be liable for a civil penalty of not more than twenty-five thousand dollars which may be imposed by the commissioner after notice and the opportunity for a hearing in accordance with the rules of the department. Such civil penalty may be recovered by the corporation counsel in an action in any court of appropriate jurisdiction.
§ 2. Such code is amended by adding a new section 27-161.1, to read as follows:
§ 27-161.1 Alteration of a multiple dwelling of four or more stories. Each application for a permit for alteration work as defined in section 26-204.10 of the code for a multiple dwelling of four stories or more shall set forth the name and business address of the licensed multiple dwelling rehabilitation contractor who will supervise the alteration work as required by to section 26-204.11 of the code.
§ 3.Section 27-167 of such code is amended to read as follows:
§ 27-167 General requirements. All applications for demolition or removal permits shall be subject to the requirements of article ten, section 27-156 of article eleven, section 27-198 and section 27-198.1 of article nineteen of this subchapter. No demolition permit for work involving the removal of any exterior wall shall be issued to any person other than an individual who is licensed as a demolition contractor pursuant to article ten of subchapter two of chapter one of title twenty-six of the code.
§ 4. This local law shall take effect one hundred
eighty days after its enactment.
Referred to the Committee on Housing and Building.