Section 28-420.1
§ 28-420.1 Requirement of application for safety registration number.
On and after October 1, 2009, no safety registration recipient shall
conduct business for the purposes that would qualify the person as a
safety registration recipient unless such person has received the
required safety registration number from the department.
Section 28-420.2
§ 28-420.2 Application requirements. An application for a safety
registration number shall be made in writing to the commissioner on a
form provided by the department and shall be accompanied by the
following:
1. If the applicant is an individual: the applicant's full name,
residence address, business address, and business telephone number, and
an email address for the receipt of notifications;
2. If the applicant is a corporation:
2.1. The corporate name, address, telephone number and email address
of the applicant's principal office or place of business for the receipt
of notifications;
2.2. The date and state of incorporation;
2.3. Proof that the corporation is in good standing under the laws of
the state of New York;
3. If the applicant is a partnership:
3.1. The name, address, telephone number and email address of the
applicant's principal office or place of business for the receipt of
notifications;
3.2. The name and telephone number of all partners;
4. The name, telephone number and e-mail address of all corporate
officers and registered agents and any person owning or controlling an
interest of ten percent or more in the applicant's business;
5. The name, address, and telephone number of any entity in which the
applicant is an employee, participates in the management of, or in which
the applicant has a controlling interest and which files for permits
with the department.
6. The name and address of the principal location from which the
applicant has engaged in the business that would qualify it as a safety
registration recipient at any time within the last five years;
7. If the applicant is not a sole proprietor, proof that the applicant
is authorized to do business in the state of New York;
8. Proof of insurance as required by Title 28 of this code and the
rules of the department;
9. The name, address and e-mail address of the officer, principal or
director of the applicant who is designated to receive official notices
from the department;
10. The name, address and telephone number and e-mail address of the
officer(s), principal(s) or director(s) of the applicant who should be
contacted in the event of an emergency; and
11. The commissioner shall waive the requirements of items one through
seven of section 28-420.2 for any applicant who has submitted a Vendex
questionnaire to the Mayor's Office of Contract Services within the
previous three years provided that the questionnaire contains the
information required by this article and who provides a copy of the
Vendex questionnaire to the department with such proof of submission as
the department may require.
Section 28-420.3
§ 28-420.3 Duties and Responsibilities. The recipient of a safety
registration number shall comply with the following requirements:
1. Subcontractor information. The recipient of a safety registration
number shall maintain at each work site the names, business addresses
and contact information of the superintendent(s) of the subcontractors
who hold subcontracts with the prime contractor, as well as the
particular work they perform, and shall make such information available
to department personnel upon request;
2. Special inspection reports. The recipient of a safety registration
number shall maintain at the work site such special inspection reports
as specified in the building code and shall make such reports available
to department personnel on request.
Section 28-420.4.
§ 28-420.4. Submission of plan to reduce rate of immediately hazardous
violations. The commissioner may require any safety registration
recipient to provide the department with a plan to improve its rate of
immediately hazardous violations. The plan must be approved by the
Department and may include such measures as employment of a safety
compliance officer to ensure compliance with the approved plan.
Section 28-420.5
§ 28-420.5 Submission of a report to the city council. Within six
months of the date by which all safety registration recipients shall
have been required by section 420.1 of this article to have a safety
registration number, the commissioner shall, after consultation with
representatives of affected industries, including but not limited to
representatives and employers of building and construction industry
labor organizations and real estate owners, submit to the mayor and the
city council recommendations for the establishment of objective criteria
on which the commissioner may base a determination to commence a
proceeding to suspend, revoke, or refuse to renew a safety registration
number as well as the data used in the analysis and formulation of such
recommendations. Within three months of the submission, the council
shall review and may amend this provision to incorporate standards for
the revocation and non-renewal of a safety registration number.
Section 28-420.6
§ 28-420.6 Expiration of safety registration number. A safety
registration number shall expire on the third anniversary that such
safety registration number was issued or such other date as determined
by the commissioner by rule so as to evenly distribute the expiration
dates of the safety registration numbers.
Section 28-420.7
§ 28-420.7 Unlawful use of safety registration number. On and after
October 1, 2009, it shall be unlawful to represent or cause to be
represented that a person who would qualify as a safety registration
recipient has been issued a safety registration number by the department
or to otherwise convey the impression that an individual, corporation,
partnership or other business entity, or any person it employs, conducts
business for the purposes that would qualify it as a safety registration
recipient that has been issued a safety registration number, unless such
individual, corporation, partnership or other business entity has
received a safety registration number from the department in accordance
with the provisions of this article.