NYS Comm. on Cities: DOB Hearing, Pt. 2 11/15/06

ASSEMBLY STANDING COMMITTEE ON CITIES
ASSEMBLY STANDING COMMITTEE ON CODES
ASSEMBLY STANDING COMMITTEE ON HOUSING

NOTICE OF RECONVENING OF ADJOURNED PUBLIC HEARING

The above referenced Assembly Standing Committees began a public hearing on Thursday, September 7, 2006, with respect to the Subject and for the Purpose set out below. Such hearing was adjourned to the call of the Chairs of such Committees.

SUBJECT:
The Effectiveness of the Regulation of Construction and Development in New York City and the Enforcement of the Building Code and Compliance with the Zoning Resolution

PURPOSE:
The purpose of this hearing is to explore the powers, duties, obligations, and accountability of New York City's regulatory system for construction, development, and zoning enforcement.

There has long been public concern about the effectiveness of New York City's regulatory system for assuring construction and building safety and for preserving the integrity of the Building Code and the Zoning Resolution.

Low interest rates have created a construction boom in New York City in the past few years, and development pressures have never been greater. Construction accidents and building collapses are reported regularly, and local communities express frustration with developers and contractors who flout building and zoning rules. The practice of self-certification of building plans by architects and engineers without a DOB plan examiner's approval has led to abuses of the Building Code and Zoning Resolution that may go unchallenged. While the New York City Department of Buildings has been attempting to strengthen its performance through the new 311 system, its BIS website, physical layout improvements to its offices and emphasis on staff integrity, questions remain about the City's capacity to enforce its building and zoning laws.

In 2001, a Task Force appointed by former Mayor Giuliani recommended major overhaul of the enforcement system of the New York City Department of Buildings, the primary City agency responsible for construction, building, and zoning enforcement. More recently, the New York City Construction Industry Partnership and the New York State Trial Lawyers Institute have documented the existence of a "scofflaw" construction industry operating in parallel with law-abiding construction and development firms. In addition, the New York City Council has been holding hearings about the effectiveness of the Department of Buildings and related enforcement agencies.

The health and safety of the public in New York City is a matter of State concern. Notwithstanding some improvements in the performance of the Department of Buildings, there remains intense public concern about construction and zoning-related law enforcement as development pressures in the City continue to surge. This public hearing will explore the powers, duties, obligations, and accountability of New York City's regulatory system for construction, development, and zoning enforcement.