State Codes and Statutes

Statutes > New-york > Hay > Article-9 > 231

§  231.  Program of comprehensive bridge management and inspection. 1.  Program establishment. The commissioner is authorized  and  directed  to  establish,  implement  and  exercise  oversight of and over a program of  comprehensive bridge  management  and  inspection.  Such  program  shall  facilitate  the  systematic  organization  and  coordination  of  bridge  inspection, maintenance, and repair information and practices to  ensure  and  provide  for sound comprehensive bridge management, thorough bridge  inspections and proper, cost effective preventive  maintenance  for  all  bridges,  publicly-owned,  operated  or  maintained  and  shall  further  establish an inventory of all privately owned bridges. The program shall  also include the establishment and maintenance of a  bridge  information  data  base  and  bridge  information  center.  For  the  purpose of this  section, the term bridge, shall refer only  to  bridges  publicly-owned,  operated or maintained, as defined in section two hundred thirty of this  article.  The  commissioner is hereby authorized to designate within the  department an  office,  the  primary  function  of  which  shall  be  to  administer the program.    2.  Commissioner's  authorization.  In  implementing  the program, the  commissioner is authorized:    (a) to close any bridge which, if not closed may constitute  a  threat  to  any  person's  health, safety or welfare and, to open such bridge at  such time as the commissioner deems appropriate;    (b) to maintain a civil action against any public or private entity to  compel compliance with the provisions of this article;    (c) to conduct any inquiry pertinent or material to the  discharge  of  the  functions, powers and duties imposed by law, and through designated  members of the staff, to  subpoena  witnesses,  administer  oaths,  take  testimony  and  compel the production of such books, papers, records and  documents as may be relevant to any such inquiry or investigation;    (d) to have access to any and all books, records and  papers  relating  to  bridge  design,  construction,  inspection,  repair  or  maintenance  maintained by any person subject to the provisions of this article;    (e) to encourage the development of  comprehensive  bridge  management  plans by public entities and to provide technical assistance, subject to  available  funds, to any public entity in the development of such plans;  and    (f) to enter in or  upon  railroad  right-of-way  to  inspect  highway  bridges.  Upon  reasonable  notice from the department, a railroad shall  provide the use of personnel familiar with railroad operations in  order  to  provide  safe  access  and  protection  from  freight  and passenger  locomotive or train traffic to individuals who  are  required  to  enter  upon  or  cross  railroad property for the purpose of inspecting highway  bridges. Any railroad providing such personnel shall be  reimbursed  for  the  reasonable  and necessary costs, as determined by the commissioner,  of providing such personnel. If  any  railroad  shall  fail  to  provide  personnel  in accordance with the department's request, the commissioner  may impose a civil penalty at a rate not  to  exceed  the  actual  costs  incurred  for  each  day  or  portion  of  a  day that the inspection is  delayed.    (g) to do  all  things  necessary  or  convenient  to  carry  out  the  provisions  of  this  section  and  to  exercise  and perform such other  functions, powers and duties as may from time to time  be  conferred  or  imposed by law.    3.   Program  responsibilities.  In  addition  to  the  commissioner's  authority set forth in subdivision one of this section, the commissioner  shall:    (a) enforce the provisions of this article;(b) obtain bridge inspection reports that are required by the  uniform  code  of  bridge  inspection  and  structural  integrity as set forth in  section two hundred thirty-two of this article;    (c) review or require review of inspection reports, in accordance with  guidelines   established  by  the  commissioner,  for  the  purposes  of  compliance with the code and the provisions  of  this  article  and  any  rules and regulations adopted in accordance with this article;    (d)   make   available   training   materials  to  persons  performing  maintenance and inspection pursuant to this article; and    (e) prescribe  qualifications  of  bridge  design,  construction,  and  inspection  experience  for  licensed  professional  engineers  who  may  perform or supervise bridge inspections  or  evaluations  in  accordance  with the provisions of this article.    4.  Bridge data information center. (a) The commissioner shall, within  appropriations provided therefor, establish and maintain a  bridge  data  information  center  which shall include: (1) a central information data  base for all bridges subject to the provisions of this section and which  shall collect, accept, catalogue, index, cross reference,  automate  and  maintain  information  on  such  bridges  which shall include but not be  limited to  information  of  the  following  subject  areas:  ownership,  location,  construction  date,  design engineer, design type, summary of  major design features, maintenance history, inspection rating, dates  of  substantial  rehabilitation,  restrictions,  record  of  any collapse or  failure, location of all documents relating  to  such  bridges  and  any  other  information  deemed necessary and appropriate by the commissioner  and such information data base shall provide  for  the  expeditious  and  accurate retrievability of all the information housed therein; and (2) a  bridge information center for all information established and maintained  in  the  data base subject to subparagraph one of this paragraph and for  such other information  as  the  commissioner  may  deem  necessary  and  appropriate regarding bridges and bridge technology and such information  shall  include  but  not  be  limited to information on state-of-the-art  research and technology relating to  bridge  design  and  integrity  and  information regarding bridge failure and bridge collapse.    (b)  All  information  collected pursuant to this subdivision shall be  made available  for  public  inspection  and  copying  pursuant  to  the  provisions of the freedom of information law.    5.  Bridge  design and substantial structural alteration. On and after  the effective date of this section, every public entity shall submit  to  the  commissioner  and the commissioner shall accept for filing purposes  the designs of bridges to be constructed after such date and  plans  for  any  substantial  structural  alteration, repair or rehabilitation to be  performed after such effective date. All such designs and plans must  be  certified  by  a  licensed  professional  engineer  and  shall  bear the  signature and seal or stamp of such  engineer.  The  commissioner  shall  establish  by  rule and regulation procedures necessary to implement the  provisions of this subdivision.    6. Annual report. The commissioner shall by the first day of  January,  nineteen  hundred  ninety,  and  the  first  day  of  January  each year  thereafter, provide to the governor and the legislature an annual report  regarding the status of the bridge management and inspection program  as  established  by  section  two  hundred  thirty-one of this article. Such  report shall include but not be limited to the  program  goals  and  the  extent  that  such goals have been met in the previous year, an overview  of the development and status of the bridge data  base  and  information  center and the status and condition of all bridges in this state.    7.  Cooperation  and assistance of any person or entity. To effectuate  the purposes of this article, the commissioner  may  request  and  shallreceive  from  any  person  or  entity subject to the provisions of this  article and the  same  are  authorized  and  directed  to  provide  such  cooperation  and  assistance,  services and data as is necessary for the  commissioner to carry out the provisions of this article.

State Codes and Statutes

Statutes > New-york > Hay > Article-9 > 231

§  231.  Program of comprehensive bridge management and inspection. 1.  Program establishment. The commissioner is authorized  and  directed  to  establish,  implement  and  exercise  oversight of and over a program of  comprehensive bridge  management  and  inspection.  Such  program  shall  facilitate  the  systematic  organization  and  coordination  of  bridge  inspection, maintenance, and repair information and practices to  ensure  and  provide  for sound comprehensive bridge management, thorough bridge  inspections and proper, cost effective preventive  maintenance  for  all  bridges,  publicly-owned,  operated  or  maintained  and  shall  further  establish an inventory of all privately owned bridges. The program shall  also include the establishment and maintenance of a  bridge  information  data  base  and  bridge  information  center.  For  the  purpose of this  section, the term bridge, shall refer only  to  bridges  publicly-owned,  operated or maintained, as defined in section two hundred thirty of this  article.  The  commissioner is hereby authorized to designate within the  department an  office,  the  primary  function  of  which  shall  be  to  administer the program.    2.  Commissioner's  authorization.  In  implementing  the program, the  commissioner is authorized:    (a) to close any bridge which, if not closed may constitute  a  threat  to  any  person's  health, safety or welfare and, to open such bridge at  such time as the commissioner deems appropriate;    (b) to maintain a civil action against any public or private entity to  compel compliance with the provisions of this article;    (c) to conduct any inquiry pertinent or material to the  discharge  of  the  functions, powers and duties imposed by law, and through designated  members of the staff, to  subpoena  witnesses,  administer  oaths,  take  testimony  and  compel the production of such books, papers, records and  documents as may be relevant to any such inquiry or investigation;    (d) to have access to any and all books, records and  papers  relating  to  bridge  design,  construction,  inspection,  repair  or  maintenance  maintained by any person subject to the provisions of this article;    (e) to encourage the development of  comprehensive  bridge  management  plans by public entities and to provide technical assistance, subject to  available  funds, to any public entity in the development of such plans;  and    (f) to enter in or  upon  railroad  right-of-way  to  inspect  highway  bridges.  Upon  reasonable  notice from the department, a railroad shall  provide the use of personnel familiar with railroad operations in  order  to  provide  safe  access  and  protection  from  freight  and passenger  locomotive or train traffic to individuals who  are  required  to  enter  upon  or  cross  railroad property for the purpose of inspecting highway  bridges. Any railroad providing such personnel shall be  reimbursed  for  the  reasonable  and necessary costs, as determined by the commissioner,  of providing such personnel. If  any  railroad  shall  fail  to  provide  personnel  in accordance with the department's request, the commissioner  may impose a civil penalty at a rate not  to  exceed  the  actual  costs  incurred  for  each  day  or  portion  of  a  day that the inspection is  delayed.    (g) to do  all  things  necessary  or  convenient  to  carry  out  the  provisions  of  this  section  and  to  exercise  and perform such other  functions, powers and duties as may from time to time  be  conferred  or  imposed by law.    3.   Program  responsibilities.  In  addition  to  the  commissioner's  authority set forth in subdivision one of this section, the commissioner  shall:    (a) enforce the provisions of this article;(b) obtain bridge inspection reports that are required by the  uniform  code  of  bridge  inspection  and  structural  integrity as set forth in  section two hundred thirty-two of this article;    (c) review or require review of inspection reports, in accordance with  guidelines   established  by  the  commissioner,  for  the  purposes  of  compliance with the code and the provisions  of  this  article  and  any  rules and regulations adopted in accordance with this article;    (d)   make   available   training   materials  to  persons  performing  maintenance and inspection pursuant to this article; and    (e) prescribe  qualifications  of  bridge  design,  construction,  and  inspection  experience  for  licensed  professional  engineers  who  may  perform or supervise bridge inspections  or  evaluations  in  accordance  with the provisions of this article.    4.  Bridge data information center. (a) The commissioner shall, within  appropriations provided therefor, establish and maintain a  bridge  data  information  center  which shall include: (1) a central information data  base for all bridges subject to the provisions of this section and which  shall collect, accept, catalogue, index, cross reference,  automate  and  maintain  information  on  such  bridges  which shall include but not be  limited to  information  of  the  following  subject  areas:  ownership,  location,  construction  date,  design engineer, design type, summary of  major design features, maintenance history, inspection rating, dates  of  substantial  rehabilitation,  restrictions,  record  of  any collapse or  failure, location of all documents relating  to  such  bridges  and  any  other  information  deemed necessary and appropriate by the commissioner  and such information data base shall provide  for  the  expeditious  and  accurate retrievability of all the information housed therein; and (2) a  bridge information center for all information established and maintained  in  the  data base subject to subparagraph one of this paragraph and for  such other information  as  the  commissioner  may  deem  necessary  and  appropriate regarding bridges and bridge technology and such information  shall  include  but  not  be  limited to information on state-of-the-art  research and technology relating to  bridge  design  and  integrity  and  information regarding bridge failure and bridge collapse.    (b)  All  information  collected pursuant to this subdivision shall be  made available  for  public  inspection  and  copying  pursuant  to  the  provisions of the freedom of information law.    5.  Bridge  design and substantial structural alteration. On and after  the effective date of this section, every public entity shall submit  to  the  commissioner  and the commissioner shall accept for filing purposes  the designs of bridges to be constructed after such date and  plans  for  any  substantial  structural  alteration, repair or rehabilitation to be  performed after such effective date. All such designs and plans must  be  certified  by  a  licensed  professional  engineer  and  shall  bear the  signature and seal or stamp of such  engineer.  The  commissioner  shall  establish  by  rule and regulation procedures necessary to implement the  provisions of this subdivision.    6. Annual report. The commissioner shall by the first day of  January,  nineteen  hundred  ninety,  and  the  first  day  of  January  each year  thereafter, provide to the governor and the legislature an annual report  regarding the status of the bridge management and inspection program  as  established  by  section  two  hundred  thirty-one of this article. Such  report shall include but not be limited to the  program  goals  and  the  extent  that  such goals have been met in the previous year, an overview  of the development and status of the bridge data  base  and  information  center and the status and condition of all bridges in this state.    7.  Cooperation  and assistance of any person or entity. To effectuate  the purposes of this article, the commissioner  may  request  and  shallreceive  from  any  person  or  entity subject to the provisions of this  article and the  same  are  authorized  and  directed  to  provide  such  cooperation  and  assistance,  services and data as is necessary for the  commissioner to carry out the provisions of this article.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Hay > Article-9 > 231

§  231.  Program of comprehensive bridge management and inspection. 1.  Program establishment. The commissioner is authorized  and  directed  to  establish,  implement  and  exercise  oversight of and over a program of  comprehensive bridge  management  and  inspection.  Such  program  shall  facilitate  the  systematic  organization  and  coordination  of  bridge  inspection, maintenance, and repair information and practices to  ensure  and  provide  for sound comprehensive bridge management, thorough bridge  inspections and proper, cost effective preventive  maintenance  for  all  bridges,  publicly-owned,  operated  or  maintained  and  shall  further  establish an inventory of all privately owned bridges. The program shall  also include the establishment and maintenance of a  bridge  information  data  base  and  bridge  information  center.  For  the  purpose of this  section, the term bridge, shall refer only  to  bridges  publicly-owned,  operated or maintained, as defined in section two hundred thirty of this  article.  The  commissioner is hereby authorized to designate within the  department an  office,  the  primary  function  of  which  shall  be  to  administer the program.    2.  Commissioner's  authorization.  In  implementing  the program, the  commissioner is authorized:    (a) to close any bridge which, if not closed may constitute  a  threat  to  any  person's  health, safety or welfare and, to open such bridge at  such time as the commissioner deems appropriate;    (b) to maintain a civil action against any public or private entity to  compel compliance with the provisions of this article;    (c) to conduct any inquiry pertinent or material to the  discharge  of  the  functions, powers and duties imposed by law, and through designated  members of the staff, to  subpoena  witnesses,  administer  oaths,  take  testimony  and  compel the production of such books, papers, records and  documents as may be relevant to any such inquiry or investigation;    (d) to have access to any and all books, records and  papers  relating  to  bridge  design,  construction,  inspection,  repair  or  maintenance  maintained by any person subject to the provisions of this article;    (e) to encourage the development of  comprehensive  bridge  management  plans by public entities and to provide technical assistance, subject to  available  funds, to any public entity in the development of such plans;  and    (f) to enter in or  upon  railroad  right-of-way  to  inspect  highway  bridges.  Upon  reasonable  notice from the department, a railroad shall  provide the use of personnel familiar with railroad operations in  order  to  provide  safe  access  and  protection  from  freight  and passenger  locomotive or train traffic to individuals who  are  required  to  enter  upon  or  cross  railroad property for the purpose of inspecting highway  bridges. Any railroad providing such personnel shall be  reimbursed  for  the  reasonable  and necessary costs, as determined by the commissioner,  of providing such personnel. If  any  railroad  shall  fail  to  provide  personnel  in accordance with the department's request, the commissioner  may impose a civil penalty at a rate not  to  exceed  the  actual  costs  incurred  for  each  day  or  portion  of  a  day that the inspection is  delayed.    (g) to do  all  things  necessary  or  convenient  to  carry  out  the  provisions  of  this  section  and  to  exercise  and perform such other  functions, powers and duties as may from time to time  be  conferred  or  imposed by law.    3.   Program  responsibilities.  In  addition  to  the  commissioner's  authority set forth in subdivision one of this section, the commissioner  shall:    (a) enforce the provisions of this article;(b) obtain bridge inspection reports that are required by the  uniform  code  of  bridge  inspection  and  structural  integrity as set forth in  section two hundred thirty-two of this article;    (c) review or require review of inspection reports, in accordance with  guidelines   established  by  the  commissioner,  for  the  purposes  of  compliance with the code and the provisions  of  this  article  and  any  rules and regulations adopted in accordance with this article;    (d)   make   available   training   materials  to  persons  performing  maintenance and inspection pursuant to this article; and    (e) prescribe  qualifications  of  bridge  design,  construction,  and  inspection  experience  for  licensed  professional  engineers  who  may  perform or supervise bridge inspections  or  evaluations  in  accordance  with the provisions of this article.    4.  Bridge data information center. (a) The commissioner shall, within  appropriations provided therefor, establish and maintain a  bridge  data  information  center  which shall include: (1) a central information data  base for all bridges subject to the provisions of this section and which  shall collect, accept, catalogue, index, cross reference,  automate  and  maintain  information  on  such  bridges  which shall include but not be  limited to  information  of  the  following  subject  areas:  ownership,  location,  construction  date,  design engineer, design type, summary of  major design features, maintenance history, inspection rating, dates  of  substantial  rehabilitation,  restrictions,  record  of  any collapse or  failure, location of all documents relating  to  such  bridges  and  any  other  information  deemed necessary and appropriate by the commissioner  and such information data base shall provide  for  the  expeditious  and  accurate retrievability of all the information housed therein; and (2) a  bridge information center for all information established and maintained  in  the  data base subject to subparagraph one of this paragraph and for  such other information  as  the  commissioner  may  deem  necessary  and  appropriate regarding bridges and bridge technology and such information  shall  include  but  not  be  limited to information on state-of-the-art  research and technology relating to  bridge  design  and  integrity  and  information regarding bridge failure and bridge collapse.    (b)  All  information  collected pursuant to this subdivision shall be  made available  for  public  inspection  and  copying  pursuant  to  the  provisions of the freedom of information law.    5.  Bridge  design and substantial structural alteration. On and after  the effective date of this section, every public entity shall submit  to  the  commissioner  and the commissioner shall accept for filing purposes  the designs of bridges to be constructed after such date and  plans  for  any  substantial  structural  alteration, repair or rehabilitation to be  performed after such effective date. All such designs and plans must  be  certified  by  a  licensed  professional  engineer  and  shall  bear the  signature and seal or stamp of such  engineer.  The  commissioner  shall  establish  by  rule and regulation procedures necessary to implement the  provisions of this subdivision.    6. Annual report. The commissioner shall by the first day of  January,  nineteen  hundred  ninety,  and  the  first  day  of  January  each year  thereafter, provide to the governor and the legislature an annual report  regarding the status of the bridge management and inspection program  as  established  by  section  two  hundred  thirty-one of this article. Such  report shall include but not be limited to the  program  goals  and  the  extent  that  such goals have been met in the previous year, an overview  of the development and status of the bridge data  base  and  information  center and the status and condition of all bridges in this state.    7.  Cooperation  and assistance of any person or entity. To effectuate  the purposes of this article, the commissioner  may  request  and  shallreceive  from  any  person  or  entity subject to the provisions of this  article and the  same  are  authorized  and  directed  to  provide  such  cooperation  and  assistance,  services and data as is necessary for the  commissioner to carry out the provisions of this article.