File #: Int 0904-2024    Version: Name: Establishing a proactive inspection program for buildings.
Type: Introduction Status: Enacted (Mayor's Desk for Signature)
Committee: Committee on Housing and Buildings
On agenda: 5/16/2024
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to establishing a proactive inspection program for buildings
Sponsors: Pierina Ana Sanchez, Sandy Nurse, Christopher Marte, Lincoln Restler, Tiffany Cabán, Lynn C. Schulman, Kamillah Hanks, Crystal Hudson, Nantasha M. Williams, Carlina Rivera , Julie Won
Council Member Sponsors: 11
Summary: This bill would require the Department of Buildings to create a risk-based inspection program to identify hazardous buildings, using a predictive model to weigh factors including but not limited to building data, violation history, and prior façade inspection reports. The department shall conduct proactive inspections after the model assigns a risk score indicating the likelihood of a structural collapse. The owner of a building that receives a notice of violation as a result of the risk-based inspection program shall submit and post a corrective action plan within 10 days, and shall be precluded from receiving any non-emergency permits until all façade defects are corrected. Violations issued as a result of the risk-based inspection program shall be corrected within 30 days. The department shall impose escalating penalties for any violation centered on an unsafe condition that was present during the prior façade inspection program cycle.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 904-A, 2. Summary of Int. No. 904, 3. Int. No. 904, 4. Committee Report 4/25/24, 5. Hearing Testimony 4/25/24, 6. Hearing Transcript 4/25/24, 7. May 16, 2024 - Stated Meeting Agenda, 8. Hearing Transcript - Stated Meeting 5-16-24, 9. Proposed Int. No. 904-A - 6/13/24, 10. Committee Report 6/20/24, 11. Hearing Transcript 6/20/24, 12. Committee Report - Stated Meeting 6/20/24, 13. June 20, 2024 - Stated Meeting Agenda, 14. Hearing Transcript - Stated Meeting 6-20-24, 15. Int. No. 904-A (FINAL), 16. Fiscal Impact Statement
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
6/20/2024APierina Ana Sanchez City Council Sent to Mayor by Council  Action details Meeting details Not available
6/20/2024APierina Ana Sanchez City Council Approved by CouncilPass Action details Meeting details Not available
6/20/2024*Pierina Ana Sanchez Committee on Housing and Buildings Hearing Held by Committee  Action details Meeting details Not available
6/20/2024*Pierina Ana Sanchez Committee on Housing and Buildings Amendment Proposed by Comm  Action details Meeting details Not available
6/20/2024*Pierina Ana Sanchez Committee on Housing and Buildings Amended by Committee  Action details Meeting details Not available
6/20/2024*Pierina Ana Sanchez Committee on Housing and Buildings Approved by CommitteePass Action details Meeting details Not available
5/16/2024*Pierina Ana Sanchez City Council Referred to Comm by Council  Action details Meeting details Not available
5/16/2024*Pierina Ana Sanchez City Council Introduced by Council  Action details Meeting details Not available
4/25/2024*Pierina Ana Sanchez Committee on Housing and Buildings Hearing on P-C Item by Comm  Action details Meeting details Not available
4/25/2024*Pierina Ana Sanchez Committee on Housing and Buildings P-C Item Laid Over by Comm  Action details Meeting details Not available

Int. No. 904-A

 

By Council Members Sanchez, Nurse, Marte, Restler, Cabán, Schulman, Hanks, Hudson, Williams, Rivera and Won

                     

A Local Law to amend the administrative code of the city of New York, in relation to establishing a proactive inspection program for buildings

 

Be it enacted by the Council as follows:

 

Section 1. Chapter 3 of title 28 of the administrative code of the city of New York is amended by adding a new article 326 to read as follows:

ARTICLE 326

PROACTIVE INSPECTION PROGRAM

§ 28-326.1 Proactive inspection program. The commissioner shall establish a proactive inspection program to identify buildings where unlicensed or unpermitted work may be occurring, or where maintenance issues, façade or structural issues, or other issues of concern could affect the integrity of a building or neighboring site. The department shall use predictive analytics to weigh the factors identified in items 1 through 8 of this section that may indicate potential safety or other issues. The department shall evaluate such factors and conduct inspections at buildings where such evaluation indicates there is a potential for a hazardous condition or other safety concern. Such program shall consider the following factors:

 

1.                     building information and characteristics, including but not limited to building age, occupancy type, ownership type, and construction material;

2.                     permit history;

3.                     violation history;

4.                     applicable compliance filings;

5.                     disciplinary history of registered design professionals, contractors, or licensees;

6.                     relevant 311 complaints;

7.                     neighboring site characteristics and construction activity; and

8.                     any other factors determined by the commissioner.

 

§ 28-326.2 Corrective action plan. The commissioner shall promulgate rules to establish criteria for when a corrective action plan is required, provided the commissioner may also require a corrective action plan where potential safety or other issues warrant further action. When a corrective action plan is required by the commissioner, the owner or the owner’s agent shall submit a corrective action plan acceptable to the department within the time set forth by the department, but not more than 30 days after the date the owner or owner’s agent was notified of such requirement. The corrective action plan shall be prepared by a registered design professional in good standing with the department and the New York state department of education. The corrective action plan shall clearly document each violating condition and shall include photos, construction documents, and a timeline detailing repairs to make the building safe, and must be signed and sealed by such registered design professional. The department shall conduct inspections as necessary to verify the progress of the corrective measures outlined in the corrective action plan. The department shall issue a notice of violation for failure to comply with the corrective action plan. The department may charge fees for the inspections and for review of the corrective action plan. Such fees shall be established by department rule. Where a corrective action plan has been required by the department, the owner of the building or the owner’s agent shall post a notice in a conspicuous manner in the building lobby indicating the conditions identified during the proactive inspection for which a violation was issued. Such notice shall be made available in all designated citywide languages upon request.                      

 

§ 2. This local law takes effect 180 days after it becomes law.

 

 

 

APM

LS #15472/15582/15518/15485/15475/15395/15394

6/12/2024 9:21 PM