Chapter 55 - DEPARTMENT OF DESIGN AND CONSTRUCTION

Section 1200.

Section 1200.

  §  1200.  Department;  commissioner.  There  shall  be a department of
design and construction, the head of which shall be the commissioner  of
design and construction.

Section 1201.

Section 1201.

§ 1201. Deputies. The commissioner may appoint five deputies.

Section 1202.

Section 1202.

  § 1202. Powers and duties of the commissioner.  a. Except as otherwise
required  by  state or federal law or by direction of the mayor pursuant
to subdivision b of this section, and notwithstanding  any  inconsistent
provision  of  this charter or the administrative code, the commissioner
shall have charge and control of and be responsible  for  functions  and
operations  and  shall  exercise  powers  of  the  city relating to city
construction projects. Such projects shall include but not be limited to
the design, construction and alteration of streets and highways, bridges
and tunnels,  parks  and  recreational  facilities,  sewers  and  sewage
disposal   plants,  water  supply  and  distribution  structures,  waste
management facilities, correctional  facilities  and  all  other  public
buildings,  structures  and  facilities.    The  commissioner shall also
perform responsibilities as the mayor shall direct with respect  to  the
acquisition of real or personal property in connection with construction
or  a capital project, including responsibilities delegated elsewhere by
the charter or the administrative code, provided that the acquisition of
real property shall be made in the  same  manner  as  acquisitions  made
pursuant  to  subdivision  three  of section sixteen hundred two of this
charter.
  b. Notwithstanding any inconsistent provision  of  this  section,  the
mayor may assign in whole or in part operations and functions related to
a  particular  construction  project  or particular category or class of
construction projects to an agency other than the department  of  design
and  construction,  if  the  mayor determines that it is appropriate for
such other agency to perform such operations and functions.

Section 1203.

Section 1203.

  § 1203. Consultation with other agencies. In preparing and considering
plans   and   specifications   and   in   carrying  out  such  plans  or
specifications, the department shall consult with agencies for whose use
the building, structure or facility is intended and shall  consider  any
recommendations made by such agencies.

Section 1204.

Section 1204.

  §  1204.  Right  of entry. The commissioner, officers and employees of
the department may, in accordance with applicable law, enter upon public
or private property for the purpose of making  surveys,  test  pits  and
borings or other investigations necessary for the exercise of the powers
or the performance of the duties of the department. Refusal by the owner
or  the  agent of such owner to permit such entry shall be a misdemeanor
and punishable by not more than thirty days' imprisonment or a  fine  of
not more than five hundred dollars, or both.

Section 1205.

Section 1205.

  §  1205.  Powers  and  duties  of  other agencies. a.   Where state or
federal law designates an agency other than the department of design and
construction to perform a function that would otherwise  be  within  the
jurisdiction  of  the  department of design and construction pursuant to
subdivision a of section twelve hundred two of this chapter, such agency
shall  delegate  such  function  to  the  department   of   design   and
construction  if  such delegation may be made consistent with applicable
provisions of state or federal law.
  b. Wherever the  powers  and  duties  of  an  agency  other  than  the
department of design and construction as set forth in the charter or the
administrative  code  include  city  construction  projects  within  the
jurisdiction of the commissioner of design and construction pursuant  to
subdivision a of section twelve hundred two of this chapter, such powers
and  duties  shall  be  deemed  to  be  within  the  jurisdiction of the
department of design and construction and shall  be  exercised  by  such
department; provided that such other agency may exercise such powers and
duties  pursuant  to  subdivision b of such section or where required by
state or federal law.