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§ 46-05 Application for Required Permit from MOFTB.
A Required Permit must be applied for and issued in accordance with the provisions of 43 RCNY § 9-02 after the documentation required by 15 RCNY § 46-04 has been completed by the applicant and reviewed by DEP; production issues have been resolved with DEP; and DEP approval has been received.
(Added City Record 1/6/2017, eff. 2/5/2017)
§ 46-06 Indemnification and Insurance Requirements.
   (a)   Prior to the commencement of prepping or rigging for film and/or photography shoots on properties or within facilities under the jurisdiction of DEP, a permittee must provide to BPAC a copy of insurance documentation and a copy of the Required Permit in order to obtain final DEP authorization for such production.
   (b)   By obtaining a Required Permit from MOFTB, a permittee who is authorized to conduct film shoot and/or photography shoot activities on properties or within facilities under the jurisdiction of DEP agrees to protect all persons and property from damage, loss or injury arising from any of the operations performed by or on behalf of such permittee, and to indemnify and hold harmless the City of New York, to the fullest extent permitted by law, from all claims, losses and expenses, including attorneys' fees, that may result therefrom.
   (c)   A permittee who has been authorized by DEP to conduct film shoot and/or photography shoot activities on properties or within facilities under the jurisdiction of DEP must maintain, during the entire course of its operations, a liability insurance policy with a limit of not less than one million dollars ($1,000,000) per occurrence. Such policy must name the City of New York as an additional insured with coverage at least as broad as provided by Insurance Services Office (ISO) form CG 20 12 (07/98 ed.). The permittee must provide to DEP the original certificate of insurance signed in ink to which a copy of the required endorsement is attached.
   (d)   If it is determined, in light of the activity for which a Required Permit shall be sought, that such activity may increase the potential for injury to individuals and/or damage to property, and that the minimum limit of insurance should be higher than one million dollars ($1,000,000) per occurrence referenced in subdivision (c) of this section, it will be determined what higher minimum limit is to be required and the permittee will be advised of such higher limit. Factors to be considered will include, but not be limited to, the number of people involved, the location of the activity and the nature of the activity. The permittee must thereafter provide proof of such insurance in accordance with this section.
(Added City Record 1/6/2017, eff. 2/5/2017)
§ 46-07 Production Requirements.
   (a)   Holding on properties and within facilities under the jurisdiction of DEP is available only for those productions taking place on or within such properties or facilities, upon the approval of the DEP official responsible for operations at the facility or property in question or his or her designee.
   (b)   DEP will provide security personnel to protect City property under its jurisdiction during production activities at DEP properties and facilities, the cost of which must be reimbursed by the permittee.
   (c)   All individuals affiliated with the permittee and the production will be required to present a valid, government-issued photo identification card to receive security clearance to have access to properties and facilities under the jurisdiction of DEP where the production and related activities are taking place.
   (d)   All individuals affiliated with the permittee and the production must wear an identification card on DEP properties and within DEP facilities under the jurisdiction of DEP. The identification cards shall be similar in form and include the name of the production. Failure to display such identification cards at all times may lead to ejection from such properties and facilities.
   (e)   All production equipment and props brought to properties and facilities under the jurisdiction of DEP shall be subject to inspection at any time prior to or during the production.
   (f)   DEP will not be responsible for any injury to persons and/or damage or loss to any property on properties and within facilities under the jurisdiction of DEP arising from any of the operations performed by or on behalf of the permittee.
(Added City Record 1/6/2017, eff. 2/5/2017)
§ 46-08 Post-Production Requirements.
   (a)   A permittee is responsible for cleaning and restoring the properties and facilities under the jurisdiction of DEP after the rigging, shooting and/or holding. The cost of any DEP employee time incurred due to a permittee failing to clean and/ or restore such properties and facilities following the rigging, shooting and/or holding will be borne by the permittee and reimbursed to DEP.
   (b)   Any fixtures, furniture, books, doors, windows, walls, and other structures and/or objects must be returned to their original position and/or restored to their original condition by the permittee during the de-rigging, unless the permittee has obtained prior approval from the DEP official responsible for operations at the facility or property in question or his or her designee. The permittee must immediately remove any props used during the production from properties and facilities under the jurisdiction of DEP. The permittee must reimburse DEP for any property and facility damage arising from such production activities.
   (c)   At the conclusion of all film and photography shoots, the permittee must reimburse DEP for all production related costs including, but not limited to, DEP personnel costs contemplated by 15 RCNY §§ 46-04(d) and 46-07(b) and subdivision (a) of this section, including administrative overhead costs, and reimbursement for any property or facility damage in accordance with subdivision (b) of this section. If the permittee cancels any of its production-related activities twenty-four (24) hours or less prior to the scheduled commencement of such activities on properties or within facilities under the jurisdiction of DEP, the permittee may be subject to the reimbursement of costs for DEP personnel assigned to staff such production.
(Added City Record 1/6/2017, eff. 2/5/2017)