STATE OF NEW YORK
________________________________________________________________________
4363--A
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
___________
Introduced by M. of A. CUSICK, STIRPE, COLTON, HARRIS -- Multi-Sponsored
by -- M. of A. FAHY, HEVESI, MALLIOTAKIS, SIMON, TITONE -- read once
and referred to the Committee on Cities -- recommitted to the Commit-
tee on Cities in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the administrative code of the city of New York and
chapter 542 of the laws of 2007, amending the administrative code of
the city of New York and the education law relating to filings by
persons who have negligently or knowingly made false statements in
documents submitted to the department of buildings of the city of New
York, in relation to false statements made to the department of build-
ings of the city of New York
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 28-211.1.2 of the administrative code of the city
2 of New York, as added by local law number 8 of the city of New York for
3 the year 2008, is amended to read as follows:
4 § 28-211.1.2 Additional penalty for false statements. In addition to
5 any other penalty provided by law, the commissioner may refuse to accept
6 an application or other document submitted pursuant to or in satisfac-
7 tion of a requirement of this code or of a rule of any agency promulgat-
8 ed thereunder that bears the signature of a person, other than a person
9 licensed pursuant to articles one hundred forty-five, one hundred
10 forty-seven or one hundred forty-eight of the education law, who has
11 been found, after a hearing at the office of administrative trials and
12 hearings pursuant to the department's rules, to have knowingly or negli-
13 gently made a false statement or to have knowingly or negligently falsi-
14 fied or allowed to be falsified any certificate, form, signed statement,
15 application, report or certification of the correction of a violation
16 required under the provisions of this code or of a rule of any agency
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00460-04-8
A. 4363--A 2
1 promulgated thereunder. In addition to any other penalty provided by
2 law, the commissioner may refuse to accept an application or other docu-
3 ment submitted pursuant to or in satisfaction of a requirement of this
4 code or of a rule of any agency promulgated thereunder that bears the
5 signature of a person licensed pursuant to articles one hundred forty-
6 five, one hundred forty-seven or one hundred forty-eight of the educa-
7 tion law, who has been found, under the disciplinary procedures
8 prescribed in section sixty-five hundred ten of the education law, to
9 have knowingly or negligently falsified or allowed to be falsified any
10 certificate, form, signed statement, application, report or certif-
11 ication or the correction of a violation required under the provisions
12 of this code or of a rule of any agency promulgated thereunder.
13 § 2. Section 28-104.6.1 of the administrative code of the city of New
14 York, as amended by section 10 of part A of local law number 141 of the
15 city of New York for the year 2013, is amended to read as follows:
16 § 28-104.6.1 Verification of professional qualification required. The
17 department shall not accept construction documents or other documents
18 submitted in connection with applications for construction document
19 approval or work permits under this code by any person representing that
20 he or she is a registered design professional or landscape architect
21 without verifying, by means of lists compiled and made available by the
22 New York state department of education pursuant to paragraph e-1 of
23 subdivision four of section sixty-five hundred seven of the education
24 law, that such person meets the qualifications established by law to
25 practice as an architect or engineer in New York state, and that the
26 address and contact information for such person provided on the applica-
27 tion form matches the address and contact information on file with the
28 New York state department of education.
29 § 3. Section 4 of chapter 542 of the laws of 2007, amending the admin-
30 istrative code of the city of New York and the education law relating to
31 filings by persons who have negligently or knowingly made false state-
32 ments in documents submitted to the department of buildings of the city
33 of New York, is amended to read as follows:
34 § 4. Nothing set forth in this act shall be construed to limit the
35 power of the New York city commissioner of buildings to adopt rules,
36 consistent with state and local law, that set forth additional grounds
37 for limitation of the filing privileges [of or otherwise sanctioning
38 architects and professional engineers who have been determined after a
39 hearing to have knowingly or negligently submitted applications, plans
40 or other documents to the New York city department of buildings that
41 contained false information or were not in compliance with all applica-
42 ble provisions of law or who have otherwise demonstrated incompetence or
43 a lack of knowledge of applicable law or standards] authorized pursuant
44 to section 28-104.2.1 of the administrative code of the city of New
45 York.
46 § 4. This act shall take effect immediately.