Int 0282-2010

Be it enacted by the Council as follows: Section 1. This bill shall be known and may be cited as the “Buildings Department Application Transparency Act.” §2. Article 104 of chapter one of title 28 of the administrative code of the city of New York is amended by adding new sections 28-104.2.8.1, 28-104.2.8.2, and 28-104.2.8.3 to read as follows: §28-104.2.8.1 Appeals of rejections of applications and plans. Upon the receipt of a rejection of any plans, including an objection to any part of any plans, by a plan examiner of the department, an applicant may appeal the rejection in writing through the following process: 1. The applicant can appeal at any time after receipt of the rejection to the chief engineer or examiner of the borough in which the application is located. Upon submission of an appeal, the chief engineer shall have five business days to rule on the appeal. 2. If the appeal to the examiner or chief engineer results in the affirmance of the rejection or any portion thereof, then the applicant can further appeal at any time after receipt of such affirmance to the deputy commissioner of the borough in which the application is located. Upon submission of an appeal, the deputy commissioner shall have five business days to rule on the appeal. 3. If the appeal to the deputy commissioner results in the affirmance of the rejection or any portion thereof, then the applicant can appeal at any time after receipt of such affirmance to the borough commissioner, or his or her designee, in the borough in which the application is located. Upon submission of an appeal, the borough commissioner shall have five business days to rule on the appeal. 4. If the appeal to the borough commissioner results in the affirmance of the rejection or any portion thereof, then the applicant can appeal at any time after receipt of such affirmance to the commissioner, or his or her designee. Upon submission of an appeal, the commissioner shall have twenty business days to rule on the appeal. 5. All rejections of any plans or objections to any part of any plans, as well as any appeals and decisions concerning same, must be in writing. §28-104.2.8.2 Reports. The department shall submit to the council reports concerning the number of appeals and the number of appeals responded to in an untimely manner by the department for paragraphs 3, 4 and 5 of section 28-104.2.8.1 of this code. The first report shall be submitted to the council concurrent with the issuance of the mayor’s management report. The period of reporting for the report issued concurrent with the mayor’s management report shall be the most recently ended fiscal year. The second report shall be submitted concurrent with the issuance of the preliminary mayor’s management report. The period of reporting for the report issued concurrent with the issuance of the preliminary mayor’s management report shall be for the first four months of the fiscal year in which such report is issued. §28-104.2.8.3 Publication on the department website. All decisions under paragraphs 3, 4 and 5 of section 28-104.2.8.1 of this code shall be published by the department on its website and in an annual volume. Publication on the website shall be made within thirty business days of the decision. Each decision rejecting any plan or application or affirming any rejection, including those objecting to any part of any plan or application or affirming such objection shall state the reasons why the plan or application is not in substantial compliance with the administrative code of the city of New York including a list of the sections under which the application is not compliant. Any such decision made by a borough commissioner or the commissioner shall be used as a precedent for future determinations. §3. This local law shall take effect immediately. JTB 3/16/10 LS# 0808 Int. 435/2006