§ 24-216 Noise abatement contract compliance.
AC § 24-216
(a)(1) Contract. As used in this section, the term "contract" means any written agreement, purchase order or instrument whereby the city is committed to expend or does expend funds authorized by the capital budget of the city of New York in return for work, labor, services, supplies, equipment, materials, or any combination of the foregoing; however, the term "contract" shall not include: (i) contracts for financial or other assistance made with a government; (ii) contracts, resolutions, indentures, declarations of trust, or other instruments authorizing or relating to the authorization, issuance, award and sale of bonds, certificates of indebtedness, notes or other fiscal obligations of the city, or consisting thereof; (iii) employment by the city of officers and employees of the city.
(2)Contracting agency. As used in this section, the term "contracting agency" means any board, bureau, department, commission or other agency of the government of the city of New York, or any official thereof, who or which is authorized to and does, on behalf of the city, provide for, enter into, award or administer contracts or any other public agency which enters into, awards or administers contracts pursuant to which funds authorized by the capital budget of the city of New York are expended.
(b)Contract provisions. No contract shall be awarded or entered into by a contracting agency, unless such contract contains provisions requiring that: 1. Devices and activities which will be operated, conducted, constructed or manufactured pursuant to the contract and which are subject to the provisions of the code will be operated, conducted, constructed or manufactured without causing a violation of the code; and 2. Such devices and activities incorporate advances in the art of noise control developed for the kind and level of noise emitted or produced by such devices and activities.
(c)Regulations. The commissioner may from time to time promulgate regulations setting forth such specifications for the operation, conducting, construction or manufacture of devices and activities pursuant to city contracts as he or she deems necessary to comply with the provisions of this section.
(d)No person shall cause or permit the operation of a device or conducting of an activity in such a way as to violate any provision of a contract required by this section or any regulation promulgated pursuant to this section.
(e)No regulations promulgated pursuant to this section shall alter the terms, conditions and specifications of a contract for which bids have been opened, at the time of issuance of such regulation.
