NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A317A
TITLE OF BILL: An act to amend the administrative code of the city of
New York, in relation to permits for construction, excavation or demoli-
PURPOSE OR GENERAL IDEA OF BILL: Requires notice to owners of adjoin-
ing property before construction, excavation or demolition work is
SUMMARY OF SPECIFIC PROVISIONS: Amends Section: 28-18.104.22.168 adding
proof of such insurance together with the permit to the owners of
adjoining property ninety days prior to the commencement of the
construction, excavation or demolition work.
JUSTIFICATION: Construction, demolition, or excavation work which is
performed on a building which shares a wall with the neighboring build-
ing is always complicated, and the consequences of performing that work,
especially as they relate to threats to public safety, must be consid-
ered before the work is performed. In some instances the neighbor will
actually be able to provide information which can highlight some poten-
tially dangerous conditions so they can be properly addressed.
This is illustrated by a building collapse which occurred in June 2009.
The building 493 Myrtle Avenue, Brooklyn NY collapsed in large part
because the engineers and contractors were unaware of a several signif-
icant several story vertical cracks which were clearly visible to
tenants at 491 Myrtle Avenue. As a result, the appropriate precautions
were not followed, and 493 Myrtle collapsed to the ground. Several
people were injured and fourteen were left homeless. Thankfully, no one
lost their lives. Had this legislation been in place this unfortunate
incident would not have occurred. It is imperative that this legislature
does what it can to avoid future avoidable accidents.
PRIOR LEGISLATIVE HISTORY: First introduced in 2010.
FISCAL IMPLICATIONS: Unknown.
EFFECTIVE DATE: Immediately
STATE OF NEW YORK
S. 402--A A. 317--A
2011-2012 Regular Sessions
SENATE - ASSEMBLY(Prefiled)
January 5, 2011
IN SENATE -- Introduced by Sen. MONTGOMERY -- read twice and ordered
printed, and when printed to be committed to the Committee on Cities
-- recommitted to the Committee on Cities in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. ROBINSON, COLTON -- Multi-Spon-
sored by -- M. of A. P. RIVERA -- read once and referred to the
Committee on Cities -- recommitted to the Committee on Cities in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
AN ACT to amend the administrative code of the city of New York, in
relation to permits for construction, excavation or demolition
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 28-22.214.171.124 of the administrative code of the
2 city of New York, as added by local law number 8 of the city of New York
3 for the year 2008, is amended to read as follows:
4 § 28-126.96.36.199 Insurance coverage for adjacent properties. A person
5 who obtains a permit for construction, excavation or demolition oper-
6 ations shall, at such person's own expense, procure and maintain for the
7 duration of the operations, insurance of a kind and in an amount speci-
8 fied by rule of the department, to insure any and all adjacent property
9 owners and their lawful occupants fully for all risks of loss, damage to
10 property or injury to or death of persons, arising out of or in
11 connection with the performance of the proposed work. Such person shall
12 submit proof of insurance to the department when applying for a permit
13 for construction, excavation or demolition work. Such person shall
14 provide proof of such insurance together with the permit to the owners
15 of adjoining property thirty days prior to the commencement of the
16 construction, excavation or demolition work.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.