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The commissioner shall cause all complaints to be investigated. For purposes of investigating complaints of violations of law enforced by the department, the commissioner may by rule establish a program to classify structures based on their enforcement history and may create criteria for such classification and assign enforcement resources accordingly.
The department shall keep records of complaints made by any person in reference to any building or other matter under the jurisdiction of the department. Recorded complaints shall include the name and residence of the complainant, the name of the person complained of, the date of the entry of the complaint and any suggested remedies. Except for entries of names and residences of the complainants, such records shall be made available for public examination.
The standards referenced in this code may be added to, deleted or modified pursuant to local law or by rule of the department. Every such rule adding, deleting or modifying a referenced standard shall indicate the promulgating agency of the standard, the standard identification, the effective date and title and the section or sections of this code to which such standard applies. The commissioner shall act in consultation with the fire commissioner on matters relating to fire safety.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
Rules promulgated by the department in accordance with the law in effect when such rules were promulgated shall remain in effect for the matters covered to the extent that such rules are not inconsistent with this code unless, until and to the extent that such rules are amended or repealed by the department.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008 and L.L. 2021/126.
The commissioner shall, on a monthly basis, post on the department's website, in a machine-readable format, a list of every incident, reported to the department in accordance with section 28-103.21.1, that occurred on every construction site where construction work subject to permitting by the commissioner resulted in (i) a fatality to any individual, including a member of the general public or a construction worker, or (ii) an injury to any individual, including a member of the general public or a construction worker, that requires transport by emergency medical services or requires immediate emergency care at a hospital or offsite medical clinic, regardless of whether such incident involved a violation of this code or any other law or rule. Such list shall identify, at a minimum, the following information for each incident that the department is required to report on pursuant to this section:
1. The owner of the site where the incident occurred;
2. If the incident involved a construction worker, the name of the general contractor or the subcontractor who employed such worker at the time of the incident;
3. A detailed description of the incident, including the nature of the work being performed at the time of the incident;
4. Violations issued by the department as a result of the incident and to whom such violations were issued;
5. The number of persons injured and/or killed in the incident, and whether such persons were members of the public, construction workers or other persons;
6. If the incident involved an injury, a description of the type of injury;
7. Whether the incident involved a fatality;
8. The date and time of the incident;
9. The address where the incident occurred;
10. The total square footage of the site where the incident occurred;
11. The number of floors and height of the building involved where the incident occurred or, in the case of a new building, the proposed number of floors and proposed height;
12. A list of active permits issued by the department associated with the construction site where an incident occurred, disaggregated by type;
13. If the incident involved a construction worker, the length of time the injured or deceased worker had been employed by their employer at the time of the incident;
14. If the incident involved a construction worker, the number of hours the injured or deceased worker had been working when the incident occurred;
15. If the incident involved a construction worker, whether or not the injured or deceased worker was a union member; and
16. Whether or not the construction site where the incident occurred was a union site.
(Am. L.L. 2017/078, 5/10/2017, eff. 5/10/2017; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.
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