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16-63.8   Effective Date and Implementation.
   The effective date and implementation of the ordinance shall be as follows.
   (A)   The ordinance shall take effect and be implemented in the manner and ways described in this Section.
   (B)   The ordinance shall take effect notwithstanding any other provision of law and shall supersede any prior law and regulation enacted by the city and/or any agreement entered into by the city or any of its Agencies that are interpreted to be in conflict with its provisions.
   (C)   Subsections 16-63.1, 16-63.2, 16-63.4, 16-63.6 and 16-63.7 shall take effect one month after its adoption in accordance with the following provisions.
      (1)   Every School Safety Specialist shall create a record of historic student reports.
      (2)   Within four months of the effective date:
         (a)   The historic student reports that do not conform with Subsection 16-63.4(A)(1) shall be destroyed, in both print and electronic form; provided that such destruction is permitted under the commonwealth law relating to retention of records;
         (b)   The historic student reports that conform with Subsection 16-63.4(A)(1) can be retained; provided there is a previous certification by the BPS Legal Advisor that their creation meets such requirements; and
         (c)   All reports created more than five years ago shall be destroyed.
      (3)   Within six months of the Effective Date, the Head of the School Safety Specialists and the Legal Advisor must submit a report to the Community Information-Sharing Oversight Board. Such report must contain:
         (a)   The number of historic student reports, including the format or file type of the report, description of each incident, disaggregated by race, ethnicity, gender, age and grade level of each student who is named in the report;
         (b)   The number of historic student reports retained in accordance with division (C)(2)(a) above; and
         (c)   The number of historic student reports destroyed in accordance with divisions (C)(2)(b) and (C)(2)(c) above.
      (4)   No more than one month after receiving such report, the Community Information-Sharing Oversight Board shall call a public hearing to discuss the Historic Student Reports. The Head of the School Safety Specialists as well as individual School Safety Specialists shall be present at such public hearing.
   (D)   Subsections 16-63.3 and 16-63.5 shall take effect nine months after their adoption.
(CBC 1985 16-63.8; Ord. 2021 c. 14)
16-63.9   Establishment of a Surveillance, Data and Privacy Working Group.
   (A)   The Working Group shall be tasked with identifying a set of priorities and implementable objectives to increase the transparency, accountability and engagement around the public deployment of technology and use of data within city Departments not covered by this Section.
   (B)   The Working Group will move forward sustainable policies to increase engagement on the topic of privacy and supply recommendations on professional development opportunities and training for city staff.
   (C)   The Working Group must produce recommendations for implementation within one year from the date of adoption to the Mayor and Boston City Council.
   (D)   The Working Group shall comprise a representative from the Mayor’s Office of New Urban Mechanics, a representative from the Department of Innovation and Technology, a representative from the Boston City Council to be chosen by the Boston City Council President, a representative from the commonwealth’s American Civil Liberties Union, a representative from the community-at-large to be chosen by SIM and a representative appointed by the Mayor.
   (E)   The Working Group will dissolve upon the publication of recommendations to the Mayor and Boston City Council.
   (F)   The Working Group seats shall be filled within one month of this Section’s passage and the Group shall convene for its first meeting one month thereafter.
(CBC 1985 16-63.9; Ord. 2021 c. 14)
16-64   AN ORDINANCE REGARDING TARGETED RESIDENTIAL PICKETING.
   (A)   It shall be unlawful for any person to engage in targeted residential picketing between the hours of 9:00 p.m and 9:00 a.m.
   (B)   For the purpose of this Section, targeted residential picketing means picketing, protesting or demonstrating, with or without signs, that is specifically directed towards one or more occupants of a particular residence and which takes place before or about the particular targeted residence. Those engaged in targeted residential picketing between the hours of 9:00 a.m. and 9:00 p.m. remain subject to all other ordinances and commonwealth statutes, including, but not limited to, laws concerning excessive noise, disturbing the peace, harassment and blocking of streets and sidewalks.
   (C)   Any violation of this Section shall be punishable by a fine of $50 for the first offense in any 12-month period, $150 for the second offense in any 12-month period and $300 for any third and subsequent offense in any 12-month period. All fines issued under this Section shall be enforced pursuant to the non-criminal disposition procedures of M.G.L. Chapter 40, Section 21D, which procedures are incorporated herein by reference.
   (D)   This Section shall be enforced by the Boston Police Department. Any information obtained from enforcement of this Section shall not be included in any database maintained by the Boston Regional Intelligence Center.
   (E)   If any provision of this Section shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(CBC 1985 16-64.1; Ord. 2022 c. 2 § 1)
16-65   SAFE CONSTRUCTION AND DEMOLITION OPERATIONS IN THE CITY.
16-65.1   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   COMMISSIONER. Commissioner of the Inspectional Services Department, or a designee.
   DEMOLITION. Demolition is the dismantling, razing, destroying of any building or structure or any part thereof.
   DEPARTMENT. The Inspectional Services Department.
   INSPECTOR OF BUILDINGS. The individual charged with the administration and enforcement of the commonwealth’s Building Code in accordance with M.G.L. Chapter 143, Sections 3 and 3A.
   OSHA. The Federal Occupational Safety and Health Administration. The Agency charged with ensuring safe and healthful working conditions for workers by enforcing workplace safety standards and by providing training, outreach, education and assistance to private employers.
   OSHA 30-HOUR CERTIFICATION. A comprehensive safety program authorized by the Federal Occupational Safety and Health Administration (“OSHA”) that trains workers and employers on recognition, avoidance, abatement and prevention of safety and health hazards in the workplace.
   SITE SAFETY COORDINATOR. A site safety coordinator is a person with at least an OSHA 30-hour certification that is designated by the owner, agent, construction manager or general contractor at all construction projects larger than 50,000 square feet and all demolition projects for buildings four stories or larger to perform the duties defined in this Section.
   SITE SAFETY PLAN AFFIDAVIT. A sworn statement on a form determined by the Department certifying that the permit holder, or his or her designee, has prepared and will implement a project- specific Site Safety Plan that defines planned protections from the potential hazards to people on the project site, the public and property from construction and demolition operations and meets the applicable requirements defined by the Department. As part of the AFFIDAVIT, the permit holder, or his or her designee, will attest that their project will comply with all applicable OSHA health and safety regulations.
   PERMIT. A permit for the construction, alteration or demolition of a structure issued by the Inspectional Services Department.
   PERMIT HOLDER. An individual or entity that has secured a permit from the Inspectional Services Department for construction work and is responsible for the work conducted pursuant to that permit.
(Ord. 2023 c. 6)
16-65.2   Purpose and Scope.
   (A)   The purpose of this Section is to ensure that all construction and demolition operations in the city are conducted in a manner that protects the health, welfare, and safety of the general public and to protect public and private property from any potential dangers that may result from construction or demolition operations in the city. No provision of this Section requires the Inspectional Services Department, or any other city entity, to interpret or enforce any existing OSHA health and safety regulation that governs the safety of persons employed in construction or demolition operations.
   (B)   This Section applies to all demolition and construction operations in the city except for those permitted under a homeowner waiver as issued by the Inspectional Services Department, as it pertains to the safety of the public and property.
(Ord. 2023 c. 6)
16-65.3   Responsibility for Safety.
   Nothing in this Section shall be construed to relieve persons engaged in construction or demolition operations from complying with existing OSHA safety regulations or other applicable provisions of law, nor is it intended to alter or diminish any obligation otherwise imposed by law on any party engaged in a construction or demolition operation, including, but not limited to, the owner, construction manager, general contractor, sub-contractors, material men, registered design professionals or other party to engage in sound design and engineering, safe construction or demolition practices, including, but not limited to, debris removal, and to act in a reasonable and responsible manner to maintain a safe construction or demolition site.
(Ord. 2023 c. 6)
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