§ 2-9.1. Safe and code-compliant construction.

A. 

For purposes of this § 2-9.1, the following terms shall have the following meanings:

APPLICANT

The person, firm or other entity making an application to the Department of Building Safety, Inspection and Enforcement pursuant to § 2-9 of the Town Code.

BUILDING PERMIT

The permit described in § 2-9 of the Town Code.

CERTIFICATE OF COMPLETION

A certificate issued by the DOL, which recognizes an individual's successful completion of a state-approved and state-registered apprenticeship program in any trade and job title necessary for the completion of the large commercial project. The certificate shall evidence that the successful completion occurred within the program time period.

CONTRACTOR or SUBCONTRACTOR

A contractor or subcontractor who employs labor on a large commercial project.

DEPARTMENT

The Department of Building Safety, Inspection and Enforcement of the Town of North Hempstead.

DOL

The New York State Department of Labor.

LARGE COMMERCIAL PROJECT

The erection, construction, enlargement, alteration, removal, improvement, renovation, demolition or conversion of a commercial building or structure where such erection, construction, enlargement, alteration, removal, improvement, renovation, demolition or conversion involves an area of 100,000 square feet or more of floor area. The threshold of 100,000 square feet may be met either in a single building or a collection of buildings located on the same property.

PROGRAM TIME PERIOD

The period of time equal to 24 months plus the apprenticeship program's length as established by the DOL for the specific trade referenced in the certificate of completion, measured retroactively from the date of the application for a building permit. For purposes of this definition, the program time period for the trade of laborer shall be 24 months.

SPONSOR

Any organization or entity operating an apprenticeship program registered with the DOL and in whose name the program is registered.

B. 

This section shall be applicable only to applications for building permits for large commercial projects filed with the Department on or after the effective date of this section.

C. 

Prior to the issuance of a building permit for a large commercial project, the applicant shall:

(1) 

Demonstrate that any general contractor, contractor or subcontractor for such project is a participant in good standing in a qualified apprenticeship program that is registered with and approved by the DOL and has apprenticeship agreements, which are specifically identified as pertaining to the trade(s) and/or job title(s) called for by such project; and

(2) 

Submit certificates of completion to the Town for every general contractor, contractor or subcontractor, or his or her sponsor performing work on a large commercial project. If a contractor or subcontractor is a signatory to a sponsor, the applicant must submit to the Town a letter from the sponsor verifying the contractor's or subcontractor's signatory status.

D. 

If a subcontractor is used on a large commercial project subsequent to the issuance of a building permit, the applicant shall submit certificates of completion for the subcontractor. The applicant must submit a subcontractor's certificates of completion to the Town prior to a subcontractor beginning work on such project. If a subcontractor is a signatory to a sponsor, the applicant must submit to the Town a letter from the sponsor verifying the signatory status.

E. 

It shall be the responsibility of the applicant to verify that a contractor or subcontractor is a participant in a state-approved and state-registered apprenticeship program and to include certificates of completion as an attachment to the application for a building permit.

F. 

This section shall not apply where a specific trade has not been included among the list of trades maintained by the New York State Commissioner of Labor available for apprenticeship agreements at the time an application for a building permit for a large commercial project is filed.

G. 

The determination of compliance with this section shall be made by the Commissioner of the Department or his or her designee.

Added 9-29-2015 by L.L. No. 12-2015; amended 9-7-2017 by L.L. No. 8-2017