L.L. 2019/054

By Council Members Espinal, Gjonaj, Yeger, Holden, Cornegy, Deutsch, Menchaca, Cumbo, Brannan, Koo, Williams, Lander, Kallos, Constantinides, Treyger, Rivera, Levin, Ayala, Miller and Ulrich

A Local Law in relation to establishing temporary programs, conducting education, establishing a task force related to accessory sign violations and waiving penalties for violations for signs that are accessory to a use on the same zoning lot

Be it enacted by the Council as follows:

Section 1. Definitions. For purposes of this local law, the following terms have the following meanings:

Administrative tribunal. The term "administrative tribunal" means the office of administrative trials and hearings (OATH), or any other tribunal authorized to adjudicate applicable violations.

Applicable violations. The term "applicable violations" means any violation with respect to a sign that is accessory to a use on the same zoning lot, as defined in section 12-10 of the New York city zoning resolution, alleged in a summons returnable to the administrative tribunal, as determined by the department of buildings.

Base penalty. The term "base penalty" means, with respect to any summons returnable to the administrative tribunal the penalty that would be imposed upon a timely admission by the respondent or finding of liability after an adjudication, pursuant to the department of buildings penalty schedule, without regard to reductions of penalty in cases of mitigation or involving stipulations.

Default decision and order. The term "default decision and order" means a decision and order of the administrative tribunal, pursuant to subparagraph (d) of paragraph one of subdivision d of section 1049-a of the charter of the city of New York, determining a respondent's liability for a violation charged based upon that respondent's failure to plead within the time allowed by the rules of the administrative tribunal or failure to appear before the administrative tribunal on a designated adjudication date or on a subsequent date following an adjournment.

Default penalty. The term "default penalty" means, with respect to any summons returnable to the administrative tribunal, the penalty imposed by the administrative tribunal, pursuant to subparagraph (d) of paragraph one of subdivision d of section 1049-a of the charter of the city of New York, in an amount up to the maximum amount prescribed by law for the violation charged.

Imposed penalty. The term "imposed penalty" means, with respect to any summons returnable to the administrative tribunal, the penalty imposed by the administrative tribunal after an adjudication, pursuant to subparagraph (a) of paragraph one of subdivision d of section 1049-a of the charter of the city of New York.

Judgment. The term "judgment" means monies owed to the city of New York as a result of a final order of the administrative tribunal imposing a civil penalty, either as a result of a default decision and order or after a hearing and finding of violation, that was entered in the civil court of the city of New York or any other place provided for the entry of civil judgments within the state, pursuant to subparagraph (g) of paragraph one of subdivision d of section 1049-a of the charter of the city of New York, no later than ninety days prior to the commencement of the temporary program to resolve outstanding judgments pursuant to subdivision b of this local law and determining a respondent's liability for a violation charged in accordance with the administrative tribunal penalty schedule.

Resolve. The term "resolve" means, with respect to an outstanding judgment of the administrative tribunal to conclude all legal proceedings in connection with a summons returnable to the administrative tribunal.

Respondent. The term "respondent" means a person or entity named as the subject of a summons returnable to, or a judgment issued by, the administrative tribunal.

§ 2. Temporary program to resolve outstanding judgments for applicable violations.

a. Notwithstanding any other provision of law to the contrary, the commissioner of finance shall establish a temporary program to resolve outstanding judgments imposed by the administrative tribunal, for a 180 day period, that permits respondents who are subject to:

1. Judgments resulting from a default decision and order to resolve such judgments by payment of base penalties without payment of default penalties and accrued interest; and

2. Judgments entered after an adjudication and finding of violation to resolve such judgments by payment of 50 percent of the imposed penalties without payment of accrued interest.

b. Resolution of outstanding judgments.

1. A judgment resulting from a default decision and order may not be resolved under the temporary program to resolve outstanding judgments pursuant to paragraph one of subdivision a of this section unless the base penalty of the violation that is the subject of the default decision and order can be determined from the summons returnable to the administrative tribunal, default decision and order, and the department of buildings penalty schedule alone.

2. A judgment may not be resolved under the temporary program to resolve outstanding judgments pursuant to subdivision a of this section if the judgment had previously been the subject of a settlement agreement with the department of finance or the department of law.

3. A judgment arising out of a summons returnable to the administrative tribunal that includes an order requiring the correction of the violation may not be resolved under the temporary program to resolve outstanding judgments pursuant to subdivision a of this section unless the respondent or other payor:

(i) Verifies with the department of buildings that such judgment violation is an applicable violation pursuant to section 1 of this law;

(ii) Enters into an agreement with the department of finance in a format established by the department, which may include an electronic format;

(iii) Makes a payment to the department of finance in the applicable amount established pursuant to subdivision a of this section, provided that the violation has been corrected pursuant to subparagraph (iv) of this paragraph; and

(iv) Demonstrates to the satisfaction of the department of buildings that the condition cited in the summons returnable to the administrative tribunal has been corrected and such respondent or payor provides to the department of finance any requested documentation concerning such correction, including an acceptable certificate of correction.

4. If a violation that is the subject of an agreement with the department of finance pursuant to paragraph three of this subdivision is not corrected to the satisfaction of the department of buildings within the 180 day period established by subdivision a, or after the expiration of an extension period specifically granted by department of buildings for the purpose of complying if any such extension is granted, judgment in the amount of the default penalty plus accrued interest less the deposit, or judgment in the amount of the imposed penalty plus accrued interest less the deposit, as applicable, shall continue to have full legal effectiveness and enforceability and there shall be no refund of any amount paid.

c. Conditions for participation in the temporary program to resolve outstanding judgments.

1. A respondent seeking resolution of a judgment resulting from a default decision and order under the temporary program to resolve outstanding judgments pursuant to paragraph one of subdivision a of this section shall admit liability for the violation that resulted in the default decision and order. A judgment resulting from a default decision and order may not be resolved under the temporary program to resolve outstanding judgments pursuant to paragraph one of subdivision a of this section if the respondent seeking resolution of the judgment fails or refuses to admit liability; and further participation in this temporary program and payment by either a respondent or a payor encompasses and includes the respondent's admission of liability.

2. A judgment shall not be resolved under the temporary program to resolve outstanding judgments pursuant to subdivision a of this section if a respondent or payor fails to pay the amounts described in subdivision a of this section to the department of finance within the period of such temporary program.

3. A respondent who is the subject of a criminal investigation relating to a violation that is the subject of the judgment shall not be eligible to participate in the temporary program to resolve outstanding judgments.

4. A resolution of a judgment under the temporary program to resolve outstanding judgments operated pursuant to this section shall constitute a waiver of all legal and factual defenses to liability for the judgment.

d. Program expiration. After the temporary program to resolve outstanding judgments operated pursuant to this section has concluded, any judgment that remains outstanding and has not been resolved by this program shall have full legal effectiveness and enforceability regardless of whether it could have been resolved under this program.

e. Exception. The provisions of the temporary program to resolve outstanding judgments operated pursuant to this section shall not apply where the applicable violation creates an imminent threat to public health or safety.

f. Nothing in this section creates a private right of action for any respondent.

§ 3. Violations for existing accessory signs. Notwithstanding any other provision of law, no applicable violations shall be issued on or after the effective date of this section for an accessory sign in existence on or before the effective date of this section for a period of two years commencing on the effective date of this section, unless such accessory sign creates an imminent threat to public health or safety or the commissioner of buildings determines that such sign is otherwise not eligible for the temporary waiver created under this section.

§ 4. Temporary assistance for respondents.

a. Notwithstanding any other provision of law to the contrary, the commissioner of buildings shall establish a temporary program to provide assistance to respondents of judgments resulting from applicable violations resolved by payment by the respondent or other payor between June 1, 2006 and the effective date of this legislation for a 180 day period. The assistance provided by such program shall include, but not be limited to:

1. Technical assistance in acquiring the permit or permits required to install an accessory sign;

2. Review of all permit applications relevant to the installation of an accessory sign including a preliminary review of compliance with paragraph (a) of section 32-653 or paragraph (a) of section 42-542 of the zoning resolution, or any provision amending, replacing or supplementing such sections of the zoning resolution within seven days of receiving such application;

3. A waiver of 75 percent of fees in connection with permits relevant to the installation of an accessory sign; and

§ 5. Business assistance for respondents. Respondents of judgments resulting from applicable violations resolved by payment by the respondent or other payor between June 1, 2006 and the effective date of this legislation shall be directed by the department of buildings to the department of small business services for additional business assistance, financial or otherwise.

§ 6. Notification of public. The commissioner of buildings and the commissioner of finance shall publicize the temporary programs created pursuant to sections two, three and four with the goal of enhancing public awareness of, and participation in, such programs.

§ 7. Educational program.

a. The department of buildings and the department of city planning, in consultation with the department of small business services, shall develop a program to educate the business community about accessory signs, related regulations and mechanisms for bringing existing non-compliant signs into compliance, including, but not limited to:

1. The issuance of a permit where an existing sign was installed without a permit;

2. The issuance of a zoning variance where an existing sign is non-compliant with relevant sizing regulations; and

3. Information about what persons are qualified to conduct work to bring signs into compliance.

b. Such program shall, at a minimum, consist of written educational materials in the top ten most commonly spoken languages in the city, provided, however, that the department of small business services may expand the number of languages to meet the needs of business communities. All written educational materials must also be available on the websites of the department of buildings and the department of small business services. Such program shall, at a minimum, begin 90 days before the expiration of the temporary program to resolve applicable violations created pursuant to section three and continue for a minimum period of 180 days following the expiration of the program created pursuant to section three.

§ 8. Interagency Task Force.

a. There shall be an interagency task force to explore issues related to accessory sign regulations in the building code and zoning resolution.

b. The task force shall consist of the following 17 members:

1. The commissioner of buildings, or their designee, who shall serve as co-director of the task force;

2. The chair of city planning, or their designee, who shall serve as co-director of the task force;

3. The chair of the landmarks preservation commission, or their designee;

4. The commissioner of small business services, or their designee;

5. The commissioner of citywide administrative services, or their designee;

6. The president of the Manhattan chamber of commerce, or their designee;

7. The president of the Staten Island chamber of commerce, or their designee;

8. The president of the Brooklyn chamber of commerce, or their designee;

9. The president of the Queens chamber of commerce, or their designee;

10. The president of The Bronx chamber of commerce, or their designee;

11. Two members appointed by the chair of the council's committee on small business, one of whom must be a small business owner and one of whom must have experience in advocacy work for the small business community;

12. Three members appointed by the speaker of the council, one of whom must represent labor unions or labor organizations that engage in work related to signs that are accessory to a use on the same zoning lot, as defined in section 12-10 of the New York city zoning resolution, one of whom must be the holder of a sign hanger license required pursuant to section 28-415.1 of the administrative code and one of whom must be a small business owner; and

13. Two members appointed by the mayor, one of whom must be a small business owner and one of whom must have experience in advocacy work for the small business community.

c. The task force shall consult, on an ongoing basis, with businesses across the city to determine the common issues and potential solutions for businesses that have or want to install accessory signs, analyzing the effectiveness of other provisions in this local law, analyzing outreach practices and investigating whether predatory practices contribute to areas of concentrated applicable violations.

d. The task force shall meet not less than quarterly.

e. Within 12 months of the enactment of this local law, the task force must complete an evaluation of the relevance and appropriateness of current regulatory practices for accessory signs in the zoning resolution and building code and the issues faced by businesses, especially small businesses, in complying with these regulations. By such date, the task force shall also evaluate the special sign hanger qualifications established in section 28-415.4.2 of the administrative code and make recommendations as to (i) whether such qualifications should be changed and (ii) the feasibility and implications of amending such qualifications to allow certain general contractors as defined in section 28-401.3 of the administrative code to hang or attach accessory signs. The task force shall issue a report to the mayor and the council including its findings and recommendations.

f. This task force shall dissolve upon submission of its report as required by subdivision e of this section.

§ 9. The commissioner of buildings shall no later than thirty days after this legislation takes effect, provide to the council a report containing the following information for each applicable violation issued after June 1, 2006 and before the effective date of this legislation:

1. The location of each applicable violation;

2. A description of the provisions of the administrative code, zoning resolution, agency rules or combination thereof associated with the applicable violation and the associated fine; and

3. The status of each applicable violation.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 11. This local law takes effect 180 days after it becomes law, except that sections three, nine and ten of this local law take effect immediately after it becomes law, and the commissioner of finance and the commissioner of buildings may promulgate rules necessary to implement the programs established by sections two, four, five, six and seven of this local law prior to the effective date.

L.L. 2019/048

Enactment date: 2/24/2019

Int. No. 1325-A

By Council Members Levin, Cohen, Levine, Lander, Ayala and Ampry-Samuel

A Local Law to amend the administrative code of the city of New York, in relation to authorizing the creation of legal defense trusts

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 2. The provisions of this local law shall be applicable to any legal defense trust, as defined in section 3-1101 of chapter 11 of the administrative code of the city of New York, as added by this local law, established and in operation on and after the date of its enactment, including such trusts as may have been established prior to such date of enactment.

§ 3. Prior to the adoption of rules promulgated by the conflicts of interest board with respect to forms required pursuant to sections 3-1102 and 3-1103 of chapter 11 of the administrative code of the city of New York, as added by this local law, the board shall accept on an interim basis information and documents that are submitted in a form reflecting compliance with such provisions of such local law, on behalf of any legal defense trust as defined in section 3-1101 of such chapter.

§ 4. This local law takes effect immediately.

L.L. 2019/049

Enactment date: 3/4/2019

Int. No. 1004-A

By Council Members Lander, Cabrera, Espinal, Barron, Yeger, Rivera, Deutsch, Williams, Cumbo, Ayala, Eugene and Kallos (by request of the Mayor)

A Local Law to establish a demonstration program to facilitate the creation and alteration of habitable apartments in basements and cellars of certain one- and two-family dwellings

Be it enacted by the Council as follows:

Section 1. Definitions.

a. Except as indicated in subdivision b of this section, the terms used in this local law have the meanings ascribed to such terms in title 28 of the administrative code of the city of New York.

b. For purposes of this local law, the following terms have the following meanings:

PROGRAM AREA. The term "program area" means Brooklyn community district 5, excluding:

(1) the area of any special enhanced commercial district as described in section 132-11 of the zoning resolution of the city of New York; and

(2) the area of such community district that is generally south of a line drawn across such district that reflects the area of such community district at risk of future flooding,

(i) beginning at the intersection of Van Sinderen Avenue and Linden Boulevard;

(ii) then east along Linden Boulevard to the point of intersection with Williams Avenue;

(iii) then east along Hegeman Avenue to the point of intersection with Malta Street;

(iv) then south along Malta Street to the point of intersection with Linden Boulevard;

(v) then east along Linden Boulevard to the point of intersection with Georgia Avenue;

(vi) then north along Georgia Avenue to the point of intersection with Hegeman Avenue;

(vii) then east along Hegeman Avenue to the point of intersection with Barbey Street:

(viii) then north along Barbey Street to the point of intersection with McClancy Place;

(ix) then west along McClancy Place to the point of intersection with Schenck Avenue;

(x) then north along Schenck Avenue to the point of intersection with New Lots Avenue;

(xi) then east along New Lots Avenue to the point of intersection with Barbey Street;

(xii) then north along Barbey Street to the point of intersection with Dumont Avenue;

(xiii) then east along Dumont Avenue to the point of intersection with Warwick Street;

(xiv) then south along Warwick Street to the point of intersection with New Lots Avenue;

(xv) then east along New Lots Avenue to the point of intersection with Montauk Avenue;

(xvi) then north along Montauk Avenue to the point of intersection with Sutter Avenue;

(xvii) then west along Sutter Avenue to the point of intersection with Atkins Avenue;

(xviii) then north along Atkins Avenue to the point of intersection with Belmont Avenue;

(xix) then east along Belmont Avenue to the point of intersection with Fountain Avenue;

(xx) then south along Fountain Avenue to the point of intersection with Sutter Avenue;

(xxi) then east along Sutter Avenue to the point of intersection with Hemlock Street;

(xxii) then south along Hemlock Street to the point of intersection with Blake Avenue;

(xxiii) then east along Blake Avenue to the point of intersection with Lincoln Avenue;

(xxiv) then north along Lincoln Avenue to the point of intersection with Sutter Avenue; and

(xxv) then east along Sutter Avenue and ending at the intersection of Sutter Avenue with Conduit Boulevard.

1968 BUILDING CODE. The term "1968 building code" has the same definition as such term is defined in section 28-101.5 of the administrative code.

ADMINISTRATIVE CODE. The term "administrative code" means the administrative code of the city of New York.

APARTMENT. The term "apartment" means a dwelling unit providing permanent provisions for both sanitation and kitchen facilities, occupied or arranged to be occupied, by not more than 1 family maintaining a common household.

BASEMENT. The term "basement" means a story partly below the grade plane and having less than one-half its clear height (measured from finished floor to finished ceiling) below the grade plane.

CELLAR. The term "cellar" means that portion of a building that is partly or wholly underground, and having one-half or more of its clear height (measured from finished floor to finished ceiling) below the grade plane. Notwithstanding any local law to the contrary, as used herein, a cellar shall be counted as a story in measuring the height of a building.

CITY FINANCIAL ASSISTANCE. The term "city financial assistance" means any loan, grant, tax credit, tax exemption, tax abatement, subsidy, mortgage, debt forgiveness, land conveyance for less than appraised value, land value or other thing of value allocated, conveyed or expended by the city.

PRE-EXISTING VIOLATION. The term "pre-existing violation" means a violation issued by the department of buildings for which a notice of violation, administrative summons, criminal court summons or other process was issued prior to the date of issuance of the initial permit for work pursuant to this local law.

QUALIFIED ENVIRONMENTAL PROFESSIONAL. The term "qualified environmental professional" has the same meaning as in section 24-03 of title 15 of the rules of the city of New York.

§ 2. Scope and applicability.

a. There shall be a time-limited demonstration program to facilitate the creation and alteration of habitable apartments in basements and cellars in certain dwellings within the program area in accordance with this local law.

b. Except as otherwise indicated herein, this local law applies to existing buildings within the program area that are:

(1) existing one-family dwellings to be converted to two-family dwellings where any new apartment is entirely on a floor partially below the grade plane; or

(2) existing two-family dwellings with an apartment entirely on a floor partially below the grade plane to be altered to create at least 1 additional sleeping room in such apartment.

§ 3. Financial and technical assistance and outreach.

a. The department of housing preservation and development shall assist homeowners who participate in the demonstration program by providing city financial assistance to homeowners who meet the criteria for participation in such program to be established by such department

b. The department of housing preservation and development shall also provide technical assistance to homeowners who participate in the demonstration program. Such assistance may be provided by the department or a not-for-profit corporation identified by the department as capable of providing such assistance.

c. The department of housing preservation and development shall also conduct public education and outreach regarding the demonstration program to eligible homeowners in the program area. Such public education and outreach may be provided directly by the department or by a qualified not-for-profit corporation selected by the department.

§ 4. Apartments in basements. Notwithstanding any inconsistent provisions of section 27-751 of the 1968 building code, paragraphs 1 and 3 of subdivision c of section 27-2087 of the administrative code, section 1208.2 of the New York city building code or of applicable laws in existence prior to December 6, 1968 (i) a habitable apartment with a clear ceiling height in all habitable rooms of 7 feet and 6 inches, which may be lowered to 7 feet at the request of the department of housing preservation and development subject to approval by the fire department for cellars or basements identified by the department as otherwise eligible for the demonstration program, with projections as allowed by exception 1 of section 1208.2 of the New York city building code but in no event with such projections lower than 7 feet, or (ii) a habitable apartment in a fully detached two-family dwelling with all exterior walls at least 3 feet from any lot line and with a minimum clear ceiling height in all habitable rooms of 7 feet including projections, may be created or altered subject to the conditions set forth in this local law, including compliance with the construction standards in the specific provisions of law cited in this section even if not otherwise required by such law or any other law:

1. General. Such apartment must comply with provisions of law applicable to an apartment in such dwelling not located in the cellar or basement except that where there is a conflict with a provision of this section the provision of this section shall apply.

2. Sprinklers. Such apartment must have an automatic sprinkler system that meets the construction requirements of section 903 of the New York city building code and section thirteen of this local law.

3. Emergency escape and rescue openings. All sleeping rooms in such apartment must have emergency escape and rescue openings meeting the construction requirements of section 1029 of the New York city building code and section 1025 of the New York city fire code.

4. Smoke and carbon monoxide alarms. Such apartment must contain smoke and carbon monoxide alarms meeting the requirements of chapter 9 of the New York city building code.

5. Fire separation. Such apartment must have all of the following fire separations:

(a) Boilers and furnaces. All boilers and furnaces in such apartment must be enclosed and separated from the rest of the building by noncombustible construction having at least a one-hour fire-resistance rating meeting the requirements of section 703 of the New York city building code.

(b) Egress stairs. All stairways providing required means of egress in such apartment must be separated from the rest of the apartment and the existing above grade apartment by noncombustible construction having at least a one-hour fire-resistance rating meeting the requirements of section 1022 of the New York city building code.

(c) Existing above grade apartment. Such apartment must be separated from the existing above grade apartment by noncombustible construction having at least a one-hour fire-resistance rating meeting the requirements of section 420 of the New York city building code.

6. Means of egress. Such apartment must be provided with a means of egress directly to the outdoors complying with the construction standards of chapter 10 of the New York city building code, including access to a public way. The exterior door shall be provided with landings on both the interior and exterior sides in accordance with Section 1008.1.6 of the New York city building code.

7. Windows.

(a) Each habitable room in such apartment must have at least 1 window with 6 square feet of openable area to provide natural ventilation as required pursuant to section 1203.4.1.2.1 of the New York city building code and additional windows, including glazed area in doors providing light directly into such room, cumulatively with the minimum net glazed area to provide natural light as required pursuant to section 1205.2.1 of the New York city building code.

(b) Portions of windows below grade plane may be included in calculations of such minimum net glazed area required to provide natural light if:

(1) The window head is located between 0 and 6 inches below the lowest permitted projection below ceiling height;

(2) Such portions are surrounded by a window well or similar open area that:

(A) is at least 6 inches deeper than the bottom of the window;

(B) is at least 3 times as wide, in the direction perpendicular to the window, as the depth below grade plane of such window portions;

(C) is at least twice as wide, in the direction parallel to the window, including 6 inches wider on each side, as the depth below grade plane of such window portions; and

(D) is provided with a drain to prevent any ponding of storm water, in accordance with chapter 11 of the New York city plumbing code.

(3) No cantilever, permanent shading structure, or other obstruction is less than 3 feet above the window head or protrudes more than 1 foot in the direction perpendicular to the window; and

(4) No other encroachment or obstruction is within the window well, except as otherwise required pursuant to the New York city building code. Supplemental steps that provide access to the required yard, court, open space or street may also be permitted. Where provided, such steps shall be dimensioned in accordance with section 1009.4 of the New York city building code and shall include a landing at the bottom of such window well in accordance with section 1009.5 of the New York city building code.

§ 5. Apartments in cellars. Notwithstanding any inconsistent provisions of section 502.1 of the New York city building code, sections 27-232 and 27-2004 of the administrative code, subdivision a of section 27-2087 of the administrative code or of applicable laws in existence prior to December 6, 1968, a habitable apartment may be created in a cellar if such apartment complies with section four of this local law and has a second, remote means of egress directly to the outdoors complying with the construction standards of chapter 10 of the New York city building code, including access to the public way, even if compliance with such standards is not otherwise required by such chapter or any other law. Such means of egress shall be provided with landings on both the interior and exterior sides of the door in accordance with section 1008.1.6 of the New York city building code. Such cellar must have at least 2 feet of height above grade plane. Such cellar shall be counted as a story for the purposes of the New York city housing maintenance code, the 1968 building code, and the New York city construction codes or applicable laws in existence prior to December 6, 1968 and the space in such apartment shall be counted as floor area in accordance with section 12-10 of the zoning resolution of the city of New York. Occupancy in such a cellar shall be considered occupancy in a basement for the purposes of subdivision c of section 27-2087 of the administrative code.

§ 6. Deferral or waiver of penalties by the department of buildings.

a. Notwithstanding the provisions of sections 28-213.1.1, 28-213.1.2, 28-213.3, and 28-219.1 of the administrative code, civil penalties for the department of buildings violations that would otherwise be required to be paid by a homeowner participating in the demonstration program before the issuance of a permit may be deferred or waived pursuant to a determination by the department that such penalties would preclude such homeowner's participation in the demonstration program in connection with the following:

1. the issuance of a permit to create or alter an apartment in a basement or cellar pursuant to this local law; or

2. the issuance of a permit after the effective date of this local law to a building in the program area to create either a new apartment entirely on a floor partially below the grade plane or at least 1 additional sleeping room in an existing apartment entirely on a floor partially below the grade plane.

b. Notwithstanding the provisions of subdivision a of this section, deferred amounts shall continue to be due and owing to the department of buildings and payment thereafter may be enforced in accordance with the New York city construction codes.

§ 7. Certificates of occupancy pursuant to this local law.

a. At the option of the owner and notwithstanding any inconsistent provision of article 118 of chapter 1 of the administrative code or of any other law, where an apartment in a basement is created or altered pursuant to section four of this local law or an apartment in a cellar is created pursuant to sections four and five of this local law (i) a partial certificate of occupancy may be issued limited to the new or altered apartment in the basement of a building or the new apartment in the cellar of a building if such building was erected prior to January 1, 1938 and does not have and is not otherwise required to have a certificate of occupancy, or (ii) for a building with an existing certificate of occupancy, an amended certificate of occupancy may be issued limited to the new or altered apartment in the basement of such building or the new apartment in the cellar of such building, subject to the following conditions:

1. Upon inspection, the apartment being created or altered conforms substantially to the approved construction documents, complies with the New York city construction codes and other applicable laws, except as specifically provided in this local law, and is safe for occupancy;

2. Upon inspection, the required means of egress from all floors of the building comply with the New York city construction codes and other applicable laws;

3. An amended or partial certificate of occupancy or a temporary certificate of occupancy may be issued where there are open pre-existing violations in the building. All such open violations, including those specified in the exceptions, shall remain administratively open and the department of buildings may thereafter continue to enforce against such violations until, in accordance with applicable provisions of the New York city construction codes, outstanding penalties are paid and, if applicable, certificates of correction are approved by the department of buildings.

Exceptions:

1. Where a pre-existing violation in parts of the building outside of the new or altered apartment is classified as "immediately hazardous," the condition that gave rise to the issuance of such immediately hazardous violation must be removed or remedied in accordance with the New York city construction codes and to the satisfaction of the commissioner of buildings and evidence of such removal or remediation in the form of plans, drawings, photos, affidavits or a combination thereof, with the signature and seal of a registered design professional or, if applicable, a licensee of the department of buildings in the applicable trade must be submitted to the department prior to the issuance of such amended or partial certificate of occupancy or a temporary certificate of occupancy.

2. Any condition that gave rise to a pre-existing violation in the new or altered apartment must be removed or remedied by work performed under permits issued pursuant to this local law.

[3. Reserved.]

4. Notwithstanding any inconsistent provision of the New York city construction codes, including sections 28-118.14 and 28-219.1, a certificate of occupancy or a temporary certificate of occupancy may be issued for a basement or cellar apartment created or altered pursuant to this local law where there are outstanding fines and civil penalties for pre-existing violations provided that such fines and civil penalties shall remain due and owing, and the department may thereafter enforce and collect such amounts in accordance with the New York city construction codes.

b. The department of buildings may refuse to issue a certificate of occupancy or a temporary certificate of occupancy pursuant to this section if there are outstanding department of buildings violations, penalties or open permits not signed off related to work performed under permits issued pursuant to this local law until such penalties have been paid, such violations have been corrected, including filing certificates of correction, if applicable, and permits have been closed, as required by the New York city construction codes.

c. 1. Every certificate of occupancy or temporary certificate of occupancy issued for a basement or cellar apartment created or altered pursuant to this local law must contain a reference to this local law.

2. A partial or amended certificate of occupancy or a temporary certificate of occupancy issued pursuant to subdivision a of this section must contain a note that such certificate of occupancy does not certify compliance with applicable laws with respect to parts of the building outside of the apartment created or altered pursuant to this local law.

§ 8. Waiver of application, permit and inspection fees by department of buildings. The commissioner of buildings shall waive all fees, which would otherwise be required to be paid to the department of buildings by title 28 of the administrative code, the electrical code or the rules of the department of buildings, in connection with applications, permits and inspections for work in the program area related to the creation or alteration of habitable apartments in basements and cellars where such apartments are officially subsidized under a program administered by the department of housing preservation and development.

§ 9. Waiver of fees by other agencies. The department of environmental protection shall waive all fees which would otherwise be required to be paid arising out of the creation or alteration of habitable apartments in basements and cellars where such apartments are officially subsidized under a program administered by the department of housing preservation and development. Any other agency may promulgate rules to waive fees that would otherwise be required to be paid arising out of the creation or alteration of such apartments where such apartments are officially subsidized under a program administered by the department of housing preservation and development, and where such agency determines that such waiver would facilitate such program.

§ 10. Time limit for filing of construction documents. Completed construction documents pursuant to this local law shall be filed with the department of buildings within 18 months from the effective date of this local law subject to the provisions of articles 104 and 105 of chapter 1 of title 28 of the administrative code of the city of New York pertaining to time limitation of applications and expiration or permits.

§ 11. Radon levels. No certificate of occupancy or temporary certificate of occupancy may be issued for an apartment in a basement or cellar created or altered pursuant to sections four or five of this local law unless a certification is submitted to the department of buildings that the level of radon in such apartment after the completion of construction is tested in accordance with, and meets the standards set forth in, rules promulgated by the department of health and mental hygiene, which shall require the level of radon in such an apartment be below 2 picocuries per liter of air.

§ 12. Vapor barriers and soil excavation.

a. No certificate of occupancy or temporary certificate of occupancy shall be issued for an apartment in a basement or cellar created or altered pursuant to sections four or five of this local law unless, in accordance with rules promulgated by the department of environmental protection, either:

(i) a qualified environmental professional submits a certification to the department of buildings that a vapor barrier was applied prior to the installation of flooring; or.

(ii) in cases where such creation or alteration is limited exclusively to the addition of a habitable sleeping room in an existing lawful basement apartment, a qualified environmental professional submits a certification to the department of buildings that indoor air and vapor sampling was conducted throughout the apartment in accordance with the rules of the department of environmental protection, the results of which qualify the apartment for an exemption from the requirement of a vapor barrier in accordance with such rules.

b. No certificate of occupancy or temporary certificate of occupancy shall be issued for an apartment in a basement or cellar created or altered pursuant to sections four or five of this local law where such creation or alteration includes excavation within or to expand an existing building footprint for the purpose of increasing the ceiling height of such apartment, unless the department of environmental protection furnishes a notice to the department of buildings stating that the department of environmental protection has determined that appropriate measures to protect public health and the environment for the allowable use have been undertaken in accordance with rules promulgated by such department, and that such department does not object to the issuance of such certificate of occupancy or temporary certificate of occupancy.

§ 13. Compliance with fire code sprinkler requirements for altered buildings on substandard width streets. Any habitable apartment in a basement or cellar created or altered pursuant to sections four and five of this local law shall be deemed to be an alteration subject to the exception set forth in subdivision 5.1 of section 501.4.3.1 of the New York city fire code.

§ 14. Construction.

a. Except as specifically provided in this local law, nothing in this local law is intended to grant authorization for any work to be done in any manner in violation of the provisions of the New York city construction codes, or any other law or rule.

b. Nothing in this local law is intended to effect, alter or amend any provision of the zoning resolution of the city of New York.

§ 15. Rules. The department of buildings, the fire department, the department of environmental protection, the department of housing preservation and development and the department of health and mental hygiene may adopt any rules necessary to carry out the provisions of this local law.

§ 16. Report. No later than 48 months after the date this local law takes effect, an agency appointed by the mayor shall submit to the mayor and the speaker of the city council a report summarizing the impact of the demonstration program established by section two of this local law.

§ 17. This local law takes effect 120 days after it becomes law, provided that the provisions of paragraph 2 of subdivision a of section six of this local law and sections eight and nine of this local law shall not apply to any building in the program area for which a complete application for construction document approval is filed more than 18 months after the date this local law takes effect.

L.L. 2019/054

Enactment date: 3/16/2019

Int. No. 1235-A

By Council Members Miller, Cabrera and Kallos

A Local Law in relation to the department of citywide administrative services provisional employee reduction plan

Be it enacted by the Council as follows:

Section 1. On or before April 1, 2019, the department of citywide administrative services shall submit to the speaker of the council its comprehensive plan revision for provisional employees required pursuant to paragraph c-4 of subdivision 5 of section 65 of the civil service law. Such department shall notify the speaker of the council of the final decision, including any recommended changes to the plan, by the state civil service commission within 30 days of such decision.

§ 2. This local law takes effect immediately and is deemed repealed on December 31, 2021.

L.L. 2019/064

Enactment date: 4/14/2019

Int. No. 464-B

By Council Members Dromm, Cumbo, Kallos, Lander, Ayala, Rosenthal, Perkins, Chin, Levin and Rivera

A Local Law to amend the administrative code of the city of New York, in relation to investigation by the department of health and mental hygiene of places in which children identified with elevated blood lead levels routinely visit and the regulation of lead-based paint hazards in facilities providing day care services, and to repeal subchapter 1 of chapter 9 of title 17, relating to definitions regarding lead-based paint in day care facilities

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 5. This local law takes effect 120 days after it becomes law, except that (i) section four of this local law takes effect January 1, 2020, provided that no violation of section 27-2056.6 of the administrative code of the city of New York shall be issued based on the definition of "resides" in subdivision (12) of section 27-2056.2 of such administrative code, as added by such section four, before July 1, 2020 and (ii) the commissioner of housing preservation and development and the commissioner of health and mental hygiene may take such actions as are necessary for implementation of this local law, including the promulgation of rules, before such date.

L.L. 2019/079

Enactment date: 4/28/2019

Int. No. 1166-A

By Council Members Salamanca, Diaz, Kallos, Koo, Yeger, Barron, Eugene, Ayala, Treyger and Rivera

A Local Law in relation to requiring an assessment of potential determinants of Legionnaires' disease in the city

Be it enacted by the Council as follows:

Section 1. The department of health and mental hygiene shall conduct an assessment of potential determinants of Legionnaires' disease in the city, which shall assess potential sources and associated risk factors of the disease. The department of health and mental hygiene shall report the findings of such assessment to the speaker of the council and the mayor by no later than one year after the enactment of this law.

§ 2. This local law shall take effect immediately.

L.L. 2019/092

Enactment date: 5/19/2019

Int. No. 276-A

By Council Members Richards, the Speaker (Council Member Johnson), Brannan, Rose, Espinal, Cohen, Rivera, Rosenthal, Rodriguez, Lander, Kallos, Chin, Gibson, Menchaca, King and Levin

A Local Law to amend the New York city building code, in relation to requiring that the roofs of certain buildings be partially covered in green roof or solar photovoltaic electricity generating systems

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 2. a. The department of housing preservation and development shall study the potential impact of compliance with section 1511.2 of the New York city building code on affordability in connection with construction or renovation of (i) buildings with one or more dwelling units for which occupancy or initial occupancy is restricted based upon the income of the occupant or prospective occupant as a condition of (A) a loan, grant, tax exemption or conveyance of property from any state or local governmental entity pursuant to the private housing finance law or the general municipal law, or (B) a tax exemption pursuant to section 420-c of the real property tax law, (ii) buildings subject to the alternative enforcement program pursuant to section 27-2153 of the administrative code of the city of New York, and (iii) buildings owned by the department of housing preservation and development. Such department shall the results of such study report to the mayor and the speaker of the city council no later than 4 years after the effective date of this section. Such report shall include particularized recommendations for cost-effective pathways for these buildings to comply with section 1511.2 of the New York city building code, and whether the exemption provided for by subdivision b of this section should be continued to maintain affordability.

b. For a period of 5 years after the effective date of this section, buildings described in subdivision a of this section shall only be required to comply with section 1511.2 of the New York city building code to the extent determined by the department of housing preservation and development based on considerations of affordability or financial viability. Five years after the effective date of this section, all such buildings shall be required to comply with section 1511.2 of the New York city building code.

§ 3. This local law takes effect on the same date that a local law for the year 2019 amending the New York city building code, relating to requiring that the roofs of certain buildings be covered in green roofs or solar photovoltaic electricity generating systems, as proposed in introduction number 1032, takes effect, except that the commissioner of buildings shall take such measures as are necessary for its implementation, including the promulgation of rules, prior to its effective date.

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