Int. No. 252

By Council Members Comrie, Boyland, DeBlasio, Foster, Jackson, Koppell, Lopez, McMahon, Monserrate, Sears, Gerson, Brewer, Liu, Reyna, Gennaro, Gentile, Gonzalez, Martinez, Nelson and Weprin

A Local Law to amend the administrative code of the city of New York, in relation to licensing of demolition 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 a new article ten 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:  “Direct and continuing supervision” shall mean 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.

                     §26-204.6  Registration requirements.  No individual, corporation, partnership or other business entity shall engage in the business of performing demolition 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.

                     §26-204.7  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.

                     §26-204.8  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.  Section 27-167 of the administrative code of the city of New York 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 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 administrative code.

                     §3.  This local law shall take effect one hundred eighty days after its enactment.