These rules are applicable to all film and photography shoots and related activities conducted on properties and within facilities under the jurisdiction of, and with permission from, the Department of Environmental Protection that shall be authorized by a permit issued by the Mayor's Office of Film, Theatre and Broadcasting. Nothing contained herein shall be construed to relieve an applicant from being required to comply with any other applicable law, rule or case law governing such activities.
(Added City Record 1/6/2017, eff. 2/5/2017)
For the purposes of this chapter, the following terms shall have the following meanings:
"Commissioner" means the Commissioner of the Department of Environmental Protection or his or her designee.
"Bureau of Public Affairs and Communications" or "BPAC" means the unit of DEP that, among other things, oversees the filming, photography and related activities that are conducted on properties and within facilities under the jurisdiction of DEP.
"Department" or "DEP" means the Department of Environmental Protection.
"Equipment" includes, but is not limited to, television, photographic, film or video cameras or transmitting television equipment, including radio remotes, props, sets, lights, electric and grip equipment, dolly tracks, screens, or microphone devices, and any and all production related materials. "Equipment" does not include (1) "hand-held devices," as defined in 43 RCNY § 9-02 of the Mayor's Office of Film, Theatre and Broadcasting ("MOFTB") Film Permit Rules, and (2) vehicles, as defined in section one hundred fifty-nine of the New York Vehicle and Traffic Law, that are used solely to transport a person or persons while engaged in the activity of filming or photography from within such vehicle, operated in compliance with relevant traffic laws and rules.
"Filming" means the taking of motion pictures, the taking of still photography or the use and operation of television cameras or transmitting television equipment, including radio remotes and any preparatory activity associated therewith, and includes events that include, but are not limited to, the making of feature or documentary films, television serials, webcasts, simulcasts or specials.
"Holding" means the temporary accommodation of cast or crew members and other individuals associated with a production in a space in which filming is not taking place. "Holding" may include the space in which an independent company provides meals or catering services to cast or crew members and other individuals associated with a production.
"MOFTB Film Permit Rules" means the rules promulgated by the Mayor's Office of Film, Theatre and Broadcasting ("MOFTB"), codified as 43 RCNY Chapter 9, as amended from time to time.
"Photography" means the taking of moving or still images.
"Rigging/de-rigging" means the loading in or loading out, loading or unloading, of any shooting or production related equipment, including, but not limited to, props, sets, electric and grip equipment, at any location, time and date where film or production is not occurring. Such term has the same meaning as the commonly used term "prepping/ wrapping."
"Scouting" means the act of viewing, assessing and photographing locations for filming or photography during pre-production or production for, including, but not limited to, still photography, feature films, television series, mini-series or specials.
"Shooting" means filming on properties, in the interiors or on exteriors of buildings or facilities under the jurisdiction of DEP.
(Added City Record 1/6/2017, eff. 2/5/2017)
(a) Any person interested in conducting scouting-related activities on properties or within facilities under the jurisdiction of DEP must first contact BPAC for authorization and to make arrangements for such scouting.
(b) If after conducting scouting-related activities it is determined that a filming or photography project or production will be pursued, the applicant must submit the documentation and resolve production issues described in 15 RCNY § 46-04.
(Added City Record 1/6/2017, eff. 2/5/2017)
(a) The following forms and documents, which are required for DEP review and approval prior to obtaining a Required Permit from MOFTB, must be submitted to BPAC prior to the start date of prepping or rigging for any filming and/or photography shoots:
(1) "Letter of Intent" in the form required by DEP, signed by the applicant, submitted to BPAC at least ten (10) business days prior to the start date of prepping or rigging for any filming of a motion picture, and five (5) business days prior to the start date of prepping or rigging for any other film; and
(2) A location agreement in the form required by DEP signed by the applicant; and
(3) Proof of insurance, as provided in 15 RCNY § 46-06; and
(4) Any other documents, including, but not limited to, equipment specifications and architectural renderings that may be required by BPAC.
The Commissioner or his or her designee may approve an exception to the minimum time frames referenced in subdivision (a)(1) of this section if the nature and scope of the activity to be undertaken support a request that a shorter time within which to submit requisite forms and documents be granted.
(b) In connection with submitting the Letter of Intent required by subdivision (a)(1) of this section, the applicant must submit documentation and DEP will review and issue determinations concerning the following types of issues:
(1) Structural conditions, equipment specifics, weight, load and other similar considerations.
(2) The use of smoke, pyrotechnics, firearms, weapons, animals and other special effects or unusual scenes, which will also be subject to all applicable laws, rules and other governmental policies regarding such activities.
(c) Where appropriate, an applicant may be required to attend a security meeting with DEP staff, depending on the nature and location of the activity to be undertaken.
(d) Determinations about all DEP staffing matters, including decisions regarding the scope, type, number or level of staff required, will be made by DEP.
(e) BPAC will review the documentation provided in accordance with subdivision (a) of this section, and will attempt to accommodate particular technical needs and any other special circumstances, including approvals from DEP engineers or other personnel, that may be presented by the applicant.
(f) Where BPAC has approved an applicant's documentation required pursuant to subdivision (a) of this section, it will notify MOFTB about such approval.
(Added City Record 1/6/2017, eff. 2/5/2017)
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