Bill Text: NY A09534 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to permits associated with filming in and about the city of New York; defines terms; requires applicants to certify there are no open violations for premises the applicants want to use for production activities; requires permittees to designate a fire safety director; requires permittees to carry general liability insurance.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-24 - referred to cities [A09534 Detail]
Download: New_York-2019-A09534-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9534 IN ASSEMBLY January 24, 2020 ___________ Introduced by M. of A. ABBATE -- read once and referred to the Committee on Cities AN ACT to amend the administrative code of the city of New York, in relation to permits associated with filming in and about the city of New York The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The administrative code of the city of New York is amended 2 by adding a new title 33 to read as follows: 3 TITLE 33 4 PERMITS ASSOCIATED WITH FILMING IN AND ABOUT THE CITY OF NEW YORK 5 CHAPTER 1 6 DEFINITIONS AND APPLICABILITY 7 § 33-101 Definitions. As used in this title, the following terms shall 8 mean: 9 1. "The mayor's office of film, theater and broadcasting" shall mean 10 the entity responsible for the issuance of permits to engage in scout- 11 ing, rigging, shooting and/or production activities in and about the 12 city of New York. 13 2. "Permittee" shall mean a person or entity to whom a permit associ- 14 ated with filming in and about the city of New York has been issued by 15 the mayor's office of film, theater and broadcasting. 16 3. "Permitted premises" shall mean the premises identified in the 17 permit issued by the mayor's office of film, theater and broadcasting. 18 4. "Production site" shall mean the location where scouting, rigging 19 and/or shooting activities will occur. 20 5. "Rigging" shall mean the loading in or loading out, loading or 21 unloading, of any shooting or production related equipment, including 22 but not limited to props, sets, electric and grip equipment, at any 23 location, time and date where film or theatrical production is not 24 occurring. 25 6. "Scouting" shall mean the act of viewing, assessing and photograph- 26 ing locations for filming or photography during pre-production or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14738-01-0A. 9534 2 1 production for, including, but not limited to, still photography, 2 feature films, television series, mini-series or specials. 3 7. "Shooting" shall include (a) filming interiors or exteriors, and 4 (b) theatrical productions whose performances are presented indoors. 5 § 33-102 Applicability of this title. The provisions of this title 6 shall supersede any rules promulgated by the city of New York regarding 7 scouting, rigging and production activities for filming in and about the 8 city of New York. 9 CHAPTER 2 10 PERMITS 11 § 33-201 Processing of permits for scouting, rigging and production 12 activities. 13 1. Notwithstanding any provision of law to the contrary, the mayor's 14 office of film, theater and broadcasting shall not issue a permit to an 15 applicant seeking to perform scouting, rigging and/or production activ- 16 ities at any premises that has one or more open or pending violations 17 issued to or associated with such premises by the New York city depart- 18 ment of buildings, fire department of the city of New York, or New York 19 city department of housing preservation and development. The mayor's 20 office of film, theater and broadcasting shall require each applicant to 21 certify there are no open or pending New York city department of build- 22 ings, fire department of the city of New York, or New York city depart- 23 ment of housing preservation and development violations issued to or 24 associated with any premises at which the applicant seeks to perform 25 rigging, production, or shooting operations. 26 2. If, at the time that the applicant made application for a scouting, 27 rigging and production activities permit, any open or pending violations 28 for a premises existed, the applicant shall ensure that such violations 29 are cured and determined to be closed by the issuing entity. Once such 30 violation or violations have been closed by the issuing entity or enti- 31 ties, the applicant shall then certify in writing and under the penal- 32 ties of perjury to the mayor's office of film, theater and broadcasting, 33 that such violation or violations have been cured or remedied and deter- 34 mined to be closed by the issuing entity. Such certification shall 35 include written evidence that such violation or violations have been 36 cured or remedied and closed by the issuing entity. 37 § 33-202 Responsibilities of holders of required or optional permits 38 issued by the mayor's office of film, theater and broadcasting. 1. 39 Designation of fire safety inspector. (a) Notwithstanding any provision 40 of law to the contrary, prior to engaging in any rigging, production, or 41 shooting activities, a permittee shall designate at least one fire safe- 42 ty director who meets the qualifications prescribed in paragraph (c) of 43 this subdivision for the project. Such designation shall be made in 44 writing to the mayor's office of film, theater and broadcasting. 45 (b) Responsibilities of the fire safety director. A fire safety direc- 46 tor shall be present at the production site at all times during rigging 47 and/or shooting operations. The fire safety director shall ensure that 48 the site is maintained in a safe condition during rigging, production 49 and shooting operations and that the premises remain free of any condi- 50 tions constituting a violation of any statute, rule, or regulation of 51 the New York city department of buildings, fire department of the city 52 of New York, or New York city department of housing preservation and 53 development. 54 (c) Minimum qualifications for designation as a fire safety inspector. 55 No person shall be designated a fire safety inspector for purposes of 56 this title unless he or she meets the following minimum qualifications:A. 9534 3 1 (i) Education. A fire safety inspector shall be a high school graduate 2 or possess a general education development diploma; and 3 (ii) Experience. A fire safety inspector shall (A) possess at least 4 three years' experience in the inspection and/or maintenance of build- 5 ings to ensure that such buildings are safe and do not pose any hazards 6 to the public; (B) possess the ability to read plans and blueprints; and 7 (C) have a basic knowledge of preventative maintenance in carpentry, 8 electrical, and plumbing. 9 2. Alterations to a permitted premises. Notwithstanding any provision 10 of law to the contrary, if a permittee seeks to perform any material 11 alterations to a premises, including but not limited to structural 12 changes, changes to the plumbing and/or heating and cooling systems, 13 changes to fire detection and/or fire suppression systems, or the addi- 14 tion or removal of walls/partitions in preparation for or during any 15 rigging, production, or shooting activity, he or she shall notify the 16 mayor's office of film, theater and broadcasting, the New York city 17 department of buildings and the local fire department of the city of New 18 York administrative fire company of said alterations in writing prior to 19 altering such permitted premises. All material alterations to a permit- 20 ted premises shall be approved by the mayor's office of film, theater 21 and broadcasting, the New York city department of buildings, and the 22 fire department of the city of New York. Upon completion of such alter- 23 ations, such permittee shall notify the local fire department of the 24 city of New York administrative fire company of the completion thereof. 25 Within one business day of receipt of the completion notice, the fire 26 department of the city of New York shall inspect the premises. If the 27 alterations pass inspection, the permittee shall be able to continue the 28 rigging, shooting, or production activities. Additionally, the permit- 29 tee shall display, on all exterior walls of the premises, signage or 30 markings, of such content, size and placement as approved by the local 31 fire department of the city of New York administrative company, to indi- 32 cate that said alterations have been made therein. 33 3. Using combustible materials. Notwithstanding any provision of law 34 to the contrary, if a permittee seeks to utilize potentially toxic 35 combustible materials, including, but not limited to, spray 36 foam/styrospray or polyurethane during rigging, production or shooting 37 activities, such permittee shall, in writing and prior to the use of any 38 combustible materials notify the local fire department of the city of 39 New York administrative company of such permittee's intention to use 40 combustible materials at least two business days before such use. Such 41 notice shall include, for each combustible material, the name of the 42 combustible material and the amount of such combustible material that 43 will be used. 44 CHAPTER 3 45 INSURANCE AND COMPLIANCE 46 § 33-301 Insurance. Notwithstanding any provision of law to the 47 contrary, Every holder of a required permit, as such term is defined in 48 paragraph one of subdivision (b) of section 9-01 of chapter nine of 49 title forty-three of the rules of the city of New York shall maintain, 50 during the entire course of its operations, commercial general liability 51 insurance with a limit of at least ten million dollars per occurrence. 52 § 33-302 Compliance. The failure of a permittee to fully comply with 53 the provisions of this title and the provisions of chapter nine of title 54 forty-three of the rules of the city of New York shall result in the 55 immediate revocation of any and all permits issued to such permittee for 56 the non-complying permitted activities and the immediate suspension ofA. 9534 4 1 all rigging, production, or shooting activities related to the non-com- 2 plying permitted activities. Additionally, such permittee shall be 3 subject to a fine of no less than ten thousand dollars per day and no 4 more than fifty thousand dollars per day for each day or portion there- 5 of, that non-complying rigging, production and/or shooting activities 6 took place. The mayor's office of film, theater and broadcasting shall 7 determine the amount of and assess such fines. Any revoked permits shall 8 not be reissued by the mayor's office of film, theater and broadcasting 9 until such assessed fines are paid in full. 10 § 2. This act shall take effect on the thirtieth day after it shall 11 have become a law.
