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§ 28-103.18 Investigation of complaints.
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.
§ 28-103.18.1 Complaint records.
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.
§ 28-103.19 Addition, modification, and deletion of referenced standards.
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.
§ 28-103.20 Existing rules continued.
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that such rules are not inconsistent with this code unless, until and to the extent that such rules are amended or repealed by the department.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.
§ 28-103.21 Incident lists.
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.
§ 28-103.21.1 Reporting.
Where construction work subject to permitting by the commissioner that results in a fatality or injury to any individual, including a member of the general public or a construction worker, occurs on a construction site within the city, the owner or person otherwise in control of the site at which such incident occurred, or, if the incident involved a construction worker, the general contractor or subcontractor that employed such worker, shall report to the department, within three business days after the occurrence of such incident, the information required by section 28-103.21, with such reporting made via an electronic portal established by the department for the purpose of collecting the required information.
(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.
§ 28-103.22 Outreach on security grille visibility requirements.
The commissioner shall, through or in cooperation with the department of small business services, the department of consumer and worker protection, and other city agencies deemed appropriate, develop an outreach program to manufacturers and installers of security grilles, business improvement districts, local development corporations, chambers of commerce and community boards to alert these groups and the businesses that utilize security grilles of the permit requirements and the requirements of this section, the penalties associated with violation thereof and the availability of any business loans, grants or tax subsidies related to the installation or use of such security grilles.
(Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080.
§ 28-103.23 Manual on flood construction and protection standards.
The commissioner shall create and make publicly available, in print and on the department's website, a manual explaining in detail the flood construction and protection requirements and standards applicable in the city. Such manual shall be made available in plain English and Spanish and in other languages as determined by the commissioner and shall be updated as necessary to reflect changes to applicable flood construction requirements and standards. Such manual shall include, but need not be limited to, a description and explanation of the following:
   1.   The materials requirements imposed by applicable flood construction requirements and standards, including the elements of structures subject to such materials requirements;
   2.   The manner in which specific utilities and attendant equipment must be protected from flooding; and
   3.   The application of the flood construction and protection requirements and standards to existing structures.
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