Section 24-245
§ 24-245 Operating certificates and renewal of operating certificates;
tunneling permits; when required. (a) The commissioner shall at his or
her discretion promulgate regulations pursuant to section eleven hundred
five of the city charter directing the placement of air compressors,
paving breakers, refuse compacting vehicles and rapid transit railroads,
including but not limited to their rolling stock, track and track beds,
passenger stations, tunnels, elevated structures, yards, depots and
garages, onto an operating certificate list, setting out the reasons for
such placement, and setting out the period of time from issuance or
renewal during which such operating certificate shall be valid, unless
sooner revoked or cancelled.
(b) No person shall cause or permit the use or operation of any device
placed on the operating certificate list pursuant to subdivision (a) of
this section except for the purpose of testing such device without first
obtaining an operating certificate from the commissioner. The placement
of such a device not bearing an operating certificate at a location of
its customary operation shall be considered a violation of this section
in any proceeding pursuant to any applicable section of subchapter eight
of this chapter of this code except section 24-269.
(c) No person shall engage in or permit any person to engage in
tunneling without first obtaining a tunneling permit from the
commissioner. A separate permit shall be obtained for each shaft of a
tunnel.
(d) Prior to advertising for bids for contracts involving tunneling,
the agency of the city of New York proposing to so advertise shall
request the commissioner in writing for a statement of the requirements
or standards that will govern the proposed tunneling activities pursuant
to section 24-248 of this subchapter. The aforesaid requirements shall
be furnished by the commissioner to the contracting agency in writing
within thirty days after receipt of the request and shall be included by
the contracting agency in the contract specifications for the proposed
tunneling. The conditions under which the permit shall be granted to the
contractor shall be consistent with the statement furnished by the
commissioner to the contracting agency for inclusion in the contract
specifications.
(e) Notwithstanding the existence of a valid tunneling permit, no
person shall, except in the case of urgent necessity in the interest of
public safety, conduct or permit to be conducted blasting operations at
any time other than on weekdays and other than between the hours of
seven a.m. and seven p.m. unless a special permit is obtained from the
fire department pursuant to subdivision d of section 27-4039.
Section 24-246
§ 24-246 General requirements for applications for operating
certificates and for tunneling permits, and removal of operating
certificates. (a) Application for an operating certificate or for the
removal of an operating certificate shall be made by the owner of the
device on forms furnished by the department.
(b) Application for a tunneling permit shall be made on forms
furnished by the department by or in behalf of the owner or lessee of
the tunnel; and if made by a person other than the owner, the
application shall be accompanied by a signed statement of the applicant
declaring that he or she is authorized by the owner to make the
application. The permittee shall in all cases be the applicant.
(c) Each application hereunder shall be signed by the applicant. The
signature of the applicant shall constitute an agreement that the
applicant will assume responsibility for the operation or use of the
device concerned or for tunneling in accordance with the requirements of
this code. If the applicant is a partnership or group other than a
corporation, the application shall be made by one individual who is a
member of the group. If the applicant is a corporation, the application
shall be made by an officer of the corporation.
(d) Application for the removal of an operating certificate shall be
postmarked or date-stamped by the department upon personal delivery no
later than thirty days prior to the expiration of the certificate.
Section 24-247
§ 24-247 Information required for applications for operating
certificates and for tunneling permits. (a) Each application for an
operating certificate shall contain such information as the commissioner
may require in order to determine whether a device covered by the
application is or will operate in compliance with the provisions of this
code, including but not limited to:
(1) The model number and operating characteristics of the device
covered by the application;
(2) A report certified by an approved testing laboratory as to the
sound level generated by the device when operated under normal operating
conditions or a manufacturer's warranty as to sound level provided that
the device is regularly tested in accordance with procedures established
by the American national standards institute or other appropriate
professional standard-setting organization listed in section 24-242; and
(3) The proposed means, if any, for the prevention or control of
unreasonable noise.
(b) Each application for a tunneling permit shall contain such
information as the commissioner may require to determine whether
tunneling activities and the devices operated therein will be undertaken
in compliance with the provisions of this code, including but not
limited to:
(1) The types and operating characteristics of the devices employed in
such tunneling;
(2) A detailed description of proposed tunneling; and
(3) The proposed means for the prevention of unreasonable noise.
(c) Information concerning secret processes which may be required,
ascertained or discovered by the department shall not be disclosed by
any department employee, except that the information may be disclosed by
the commissioner if the department is subpoenaed for the information or
if in the course of a departmental court proceeding or departmental or
board hearing, the information is relevant to the proceeding or hearing.
Section 24-248
§ 24-248 Standards for granting operating certificates and tunneling
permits. (a) No operating certificate shall be granted unless the
applicant shows to the satisfaction of the commissioner that:
(1) The device will be operated without causing a violation of the
provisions of this code; and
(2) The device incorporates advances in the art of noise control
developed for the kind and level of noise emitted by the applicant's
device.
(b) No tunneling permit shall be granted unless the applicant shows to
the satisfaction of the commissioner that:
(1) The devices employed in such tunneling, including construction
devices, storage bins and hoppers, will be operated or used without
causing a violation of the provisions of this code;
(2) The motor vehicles employed in such tunneling will be routed at
such times of day and such routes as not to cause unreasonable noise;
and
(3) All advances in the art of noise control, including appropriate
closures around devices, and sound deadening linings on storage bins and
hoppers, developed for the kind and level of noise emitted by
applicant's activities or devices have been incorporated into such
tunneling activities and devices.
(c) The commissioner may from time to time issue regulations for the
guidance of applicants indicating the technical specifications which he
or she deems will comply with the performance standards of this section.
Section 24-249
§ 24-249 Testing before granting or renewing of operating
certificates; testing before granting of tunneling permits. (a) Before a
tunneling permit is granted or before an operating certificate is
granted or renewed, the commissioner may require the applicant to
conduct such tests as are necessary in the opinion of the commissioner
to determine the sound level emitted from a device or an activity or to
determine whether the device or its operation or an activity is
contributing to, or is in violation of this code. The test shall be made
at the expense of the applicant.
(b) Such test shall be conducted, reviewed and certified as provided
by subdivision (b) of section 24-206 of this code. The applicant shall
notify the department of the time and place of a test as provided by
subdivision (c) of section 24-206 of this code. Reasonable facilities
shall be made available for the department to witness the test.
If in the opinion of the commissioner tests by the department are
necessary, the facilities for such tests, exclusive of sound level
meters, shall be furnished by and at the expense of the owner or lessee
or his or her agent as provided by subdivision (d) of section 24-206 of
this code.
Section 24-250
§ 24-250 Action on applications for certificates or tunneling permits.
(a) The commissioner shall act within a reasonable time not to exceed
sixty days on an application for a tunneling permit, for an operating
certificate, or for a renewal of an operating certificate, and shall
notify the applicant in writing of his or her approval or disapproval of
the application.
(b) If an application is disapproved, the commissioner shall set forth
his or her objections in the notice of disapproval or notice of
violation.
(c) Within sixty days after service on the applicant of the notice of
disapproval, exclusive of the day of service, the applicant may request
the commissioner to reconsider the application by answering in writing
the commissioner's objection to the application.
(d) The commissioner shall consider the applicant's answer to his or
her objections, and shall notify the applicant in writing within a
reasonable time, not to exceed sixty days, of his or her approval or
denial of the application. Failure to answer or request an extension of
time within sixty days after service of the notice of disapproval or a
notice of violation shall be deemed a denial of the application.
(e) The commissioner may grant a temporary operating certificate or
tunneling permit for a period not to exceed sixty days upon receipt of
an application for the granting or renewal of an operating certificate
and may, at his or her discretion, renew a temporary operating
certificate or tunneling permit for an additional period not to exceed
sixty days.
Section 24-251
§ 24-251 Conditions of certificates or tunneling permits to be
observed. The holder of a certificate or of a tunneling permit shall
comply with the conditions and terms contained in his or her certificate
or tunneling permit as well as all applicable provisions of this code.
Section 24-252
§ 24-252 Suspension or revocation of certificates or tunneling
permits. (a) The commissioner shall suspend or revoke a tunneling
permit or certificate when ordered to do so by the board pursuant to
subchapter eight of this chapter of this code.
(b) Suspension or revocation of a certificate or tunneling permit
shall become final five days after service of notice, exclusive of the
day of service, on the holder of the certificate or tunneling permit.
Section 24-253
§ 24-253 Surrender of certificates or tunneling permits. A certificate
or tunneling permit which has been cancelled or revoked pursuant to this
code shall be surrendered forthwith to the commissioner.
Section 24-254
§ 24-254 Transfer of certificates. Any purported or attempted transfer
of a certificate automatically revokes the certificate, except that upon
a conveyance of the premises in which the device is located a
certificate may be transferred to a person other than the person named
in the certificate.
Section 24-255
§ 24-255 Operating certificate or tunneling permit fees. (a) A person
applying for an operating certificate, or a renewal of an operating
certificate shall pay a fee of thirty dollars.
(b) A person applying for a tunneling permit shall pay a fee of two
hundred and fifty dollars.
Section 24-256
§ 24-256 Departmental publication fees. The department may charge for
a copy of its publications a fee in an amount not to exceed the unit
cost of the preparation and distribution of the publication.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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