reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 301 - Use Of State Property › Section 301.2 - Types of activities allowed

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with this Part, State property may be used for
						the following types of activity:
(a)
					 Governmental activities. Activities conducted for the purpose of furthering
					 better understanding of any level of government operations when conducted by a
					 local, State or Federal government agency.
(b) Educational, cultural or civic
					 activities. Activities that have a primarily educational, cultural or civic
					 purpose for the enhancement of the health, welfare and public benefit of the
					 citizens of the State.
(c)
					 Charitable. Activities conducted for the direct benefit of not-for-profit
					 charitable organizations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 301 - Use Of State Property › Section 301.3 - Types of activities not allowed

Current through Register Vol. 46, No. 28, July 10, 2024
The following activities are not allowed on State
						property:
(a) commercial activities by
					 other than duly permitted charitable organizations or contractors of the
					 office, where the exchange of money or payment for goods or services or any
					 other consummation of a commercial transaction is involved;
(b) activities which may be reasonably
					 expected to incite violence or illegal activity;
(c) any illegal activity; or
(d) gang activity as defined herein:
(1) The term gang as used herein means any
					 ongoing organization, association, or group of three or more persons, whether
					 formal or informal, having as one of its primary activities the commission of
					 one or more criminal acts, which has an identifiable name or with the
					 identifying sign or symbol, and whose members individually or collectively
					 engage in or have engaged in a pattern of gang activity.
(2) The term gang member means any individual
					 who is part of, associated with, or otherwise affiliated with a gang as defined
					 in paragraph (1) of this subdivision.
(3) Gang activity means the commission by a
					 gang member, in a singular commission, attempt to commit, conspiring to commit,
					 or the solicitation of a criminal act, on State property in the presence of two
					 or more other gang members.
(4) A
					 pattern of gang activity means the commission, attempt to commit, conspiring to
					 commit, or solicitation of two or more criminal acts, provided the criminal
					 acts were committed on separate dates or by two or more persons who are members
					 of, or belong to, the same gang.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 301 - Use Of State Property › Section 301.5 - Procedure for application to use state property for other than public assemblies

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Requests to use State property shall be made in the form prescribed by the
					 commissioner at least 30 calendar days prior to the requested use date. The
					 application must be signed by the applicant, or an authorized officer thereof
					 and must identify any special requirements of the proposed function or
					 participants and must completely detail the nature and salient features of the
					 program and the expected attendance. The office shall respond to timely filed
					 applications not later than five days prior to the requested use
					 date.
(b) The total fee to be
					 charged, including maintenance, custodial, security and special fees, will be
					 specified by the commissioner on the approved application form. The approved
					 application shall also contain the following information:
(1) the exact State facilities for which the
					 request is approved;
(2) the time
					 and date for which the State facility use is approved; and
(3) any conditions, limitations or other
					 modifications of the application.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 301 - Use Of State Property › Section 301.7 - Right to decline an application

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner reserves the right to decline any
						application for use of State property when such use would be detrimental to or
						would adversely affect the condition of the State property, would restrict the
						normal conduct of State operations, or would present a clear hazard to persons
						or property. Additionally, an application may be denied for any of the
						following reasons:
(a) a prior
					 application for a permit for the same time and general location has been or
					 will be granted and the activities authorized by that permit do not reasonably
					 allow multiple occupancy of that particular area; or
(b) the application, including any required
					 attachments and submissions, is not fully completed or executed; or
(c) the applicant has failed to obtain
					 required insurance or insurance waiver; or
(d) the application contains a material
					 falsehood or misrepresentation; or
(e) the applicant is legally incompetent to
					 contract or to sue or be sued; or
(f) the applicant or the person on whose
					 behalf the application for permit was made has on prior occasions damaged State
					 property, or has outstanding debts to the State; or
(g) within the preceding four years, the
					 applicant has violated a material term or condition of a State use permit, or
					 any law, ordinance, or regulation relating to the use of State property;
					 or
(h) the use or activity intended
					 by the applicant conflicts with programs sponsored by the commissioner and
					 scheduled for the same general location and all or a portion of the same time;
					 or
(i) the applicant's intended use
					 or activity is inconsistent with the designated purpose of the specific
					 location requested; or
(j) the
					 location requested is not suitable for the intended use or activity because of
					 its special nature; or
(k) the use
					 or activity intended would unreasonably interfere with the enjoyment of the
					 location by others; or
(l) the
					 number of persons engaged in the event exceeds the number that can reasonably
					 be accommodated in the particular location; or
(m) the use or activity intended by the
					 applicant is prohibited by law or by this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 301 - Use Of State Property › Section 301.8 - Right to limit use due to unforeseen circumstances

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner reserves the right to limit the use of
						State facilities, at any time, due to unforeseen operational
						requirements.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 301 - Use Of State Property › Section 301.9 - Scheduling, cancellation, consistency with application

Current through Register Vol. 46, No. 28, July 10, 2024
Facility managers shall be responsible for the scheduling
						of use of State facilities. Planned events must be conducted within approved
						parameters, including but not limited to described use, time frames, physical
						areas and any conditions imposed by the commissioner. Events or activities
						inconsistent with approved parameters constitute a violation of this Part and
						may be subject to termination. Approval of an event does not constitute an
						endorsement by the State and the commissioner may require that an applicant
						include appropriate disclaimers in its materials or publications. The State
						shall not be responsible for any loss or damage to personal property or for
						personal injury that occurs on State property; provided, however, that this
						subdivision shall not preclude the commissioner from consideration of a claim
						for property damage or personal injury pursuant to section 8 (12-a)  of the State
						Finance Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 302 - Facility Parking And Traffic › Section 302.1 - Purpose, scope, authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
					 Part is established to control motor vehicle traffic and parking on State
					 property. The act of parking or driving a motor vehicle on such properties is a
					 privilege and constitutes acceptance by the owner and/or operator of such
					 vehicle of the responsibility to see that the vehicle is neither parked,
					 stopped nor operated in violation of this Part or any of the provisions of the
					 New York State Vehicle and Traffic Law or any regulations thereunder
					 promulgated by the Department of Motor Vehicles.
(b) This Part applies to the use, operation
					 and parking of all motor vehicles, as defined in section 125 of the New York
					 State Vehicle and Traffic Law, upon State property.
(c) Orders of the Department of
					 Transportation heretofore or hereafter promulgated for the office shall
					 continue in full force and effect. The provisions of such orders are indicated,
					 or will be indicated, by appropriate traffic and parking control lights, signs
					 or markings, or other devices. Violation of such orders will result in issuance
					 of simplified traffic informations or other citations.
(d) All terms used herein that are defined in
					 article one of the Vehicle and Traffic Law shall have the same meanings for
					 purposes of this Part unless the context requires otherwise.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 302 - Facility Parking And Traffic › Section 302.2 - General parking rules applicable to all vehicles

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall stop, stand or park a
					 motor vehicle on State property in any location or manner inconsistent with
					 permanent or temporary signs or pavement markings, on a sidewalk, crosswalk,
					 within 15 feet of a fire hydrant, within an intersection, in any manner which
					 restricts traffic, a roadway, or access to buildings or State facilities or on
					 an unpaved area, except (1) as designated by the commissioner, or (2) as
					 directed by a police officer or an authorized employee of the office.
(b) The operation or parking of a motor
					 vehicle on State property shall be contingent upon the submission of the
					 vehicle's driver to all of the office's then applicable security
					 measures.
(c) No person shall
					 operate, stand or park a motor vehicle except in accordance with all signs,
					 including pavement markings.
(d)
					 Overnight parking is prohibited unless it is expressly authorized by the
					 commissioner.
(e) All motor vehicle
					 accidents on State property that cause any personal injury or property damage,
					 however minor, must be reported to the appropriate law enforcement agency and
					 to the commissioner.
(f) The
					 commissioner may suspend, alter or modify these parking restrictions at any
					 time when, in his opinion, the weather conditions or other factors so warrant.
					 During such periods, all persons owning or operating motor vehicles located on
					 State property shall obey temporary instructions for the use of parking lots
					 and the operation and parking of motor vehicles on the State
					 property.
(g) To park in a space
					 reserved for employees with disabilities, an individual must obtain a disabled
					 parking permit pursuant to section
					 296-1.12 of this Title. Municipal
					 disabled permits are only valid in public parking areas.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 302 - Facility Parking And Traffic › Section 302.3 - Limitation of liability

Current through Register Vol. 46, No. 28, July 10, 2024
Neither the State nor the office shall be responsible for
						items left in motor vehicles if they are lost, stolen, or
						damaged.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 303 - Automated External Defibrillation › Section 303.0 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The regulations contained in this Part have been
						promulgated by the Office of General Services (OGS) pursuant to section 140  of
						the Public Buildings Law, which requires that each public building be equipped
						with on-site cardiac automated external defibrillators. The purpose of this
						regulation is to provide for the installation and safe operation of a
						sufficient number of cardiac automated external defibrillators in each public
						building and to enable prompt response to human cardiac events that may occur
						in such public buildings.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 303 - Automated External Defibrillation › Section 303.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As used in this
					 section:
(1) Automated external defibrillator,
					 or AED. A device as defined in Public Health Law (PHL) section
					 3000-b(1)(a).
(2) Public building.
					 A building or portion thereof located within the State of New York that is
					 owned and/or operated by a State agency, including leased space, for the
					 conduct of governmental services and which houses:
(i) a staff of State employees;
(ii) other intended occupants; or
(iii) regular visitors, excluding any
					 building that has limited use or a nominal number of assigned staff as
					 determined by the respective State agency.
(3) State agency or agency. All State
					 departments, boards, commissions, offices or institutions. State public
					 authorities and public benefit corporations are excluded from this
					 definition.
(4) Collaborative
					 agreement. A written agreement with an emergency health care provider (EHCP),
					 which shall include a copy of an agency's written practice protocols and
					 policies and procedures for use of AEDs, as provided for in Public Health Law,
					 section 3000-b(2).
(5) Emergency
					 health care provider, or EHCP. A physician or a hospital as defined in Public
					 Health Law, section 3000-b(1)(b).
(6) Regional emergency medical services
					 council(s), or REMSCO. An organization as defined in Public Health Law, section
					 3003.
(7) Commissioner. The
					 commissioner of the New York State Office of General Services or his/her
					 designee.
(8) OGS. The New York
					 State Office of General Services.
(9) DOH. The New York State Department of
					 Health.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 303 - Automated External Defibrillation › Section 303.3 - Location of aeds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subject to
					 the phased-in implementation of AEDs, each State agency shall endeavor to have
					 sufficient AEDs available at each of its public buildings to ensure ready
					 access for use during emergencies.
(1) Each
					 State agency's phased-in implementation plan shall commence by prioritizing AED
					 placement in those public buildings that house the largest number of State
					 employees, other intended occupants or estimated regular visitors, or which the
					 State agency reasonably deems to merit priority treatment due to the high risk
					 nature of the population served or the activities conducted at the public
					 building.
(2) When prioritizing AED
					 placement as described in paragraph (1) of this subdivision, those public
					 buildings where there is a greater level of physical activity or in which a
					 higher occupant density is likely shall be given priority for AED placement
					 over public building(s) that have a lower level of physical activity or lower
					 likely levels of occupant density.
(3) Public buildings housing a staff, other
					 intended occupants or regular visitors of 100 people or more shall be
					 considered priority structures for the implementation of an AED
					 program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 303 - Automated External Defibrillation › Section 303.5 - Aed administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Each State agency shall designate an AED administrator for its respective
					 agency-wide AED program. The AED administrator shall be an agency employee who
					 is primarily responsible for administering and monitoring the agency's AED
					 program, which shall include oversight of the AED coordinators to insure that
					 each coordinator fulfills his/her responsibilities as set forth in this
					 section. The AED administrator shall maintain a copy of the agency's written
					 AED plan.
(b) Each State agency
					 shall designate an AED coordinator for each of its public buildings or for
					 portions of buildings it occupies. The AED coordinator shall be an agency
					 employee who is the primary liaison between the agency's AED program and the
					 EHCP.
(1) The AED coordinator is responsible
					 for:
(i) maintaining the equipment and
					 supplies;
(ii) organizing training
					 and re-training programs;
(iii)
					 maintaining a list of trained designated AED operators, or monitoring such
					 tasks if performed by the AED vendor or other third party;
(iv) forwarding incident data to the EHCP for
					 medical director review; and
(v)
					 holding post-incident debriefing sessions for any responder(s) involved, if
					 necessary.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 303 - Automated External Defibrillation › Section 303.6 - Aed equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior
					 to purchasing AEDs and related equipment, and based upon the provisions of its
					 AED program plan, each State agency should determine the appropriate number of
					 AEDs and should recruit or assign sufficient AED operators for each of its
					 public buildings. Purchase of AED units shall be made pursuant to the State
					 Finance Law or other applicable governing law.
(b) Each AED shall be a device approved by
					 the Food and Drug Administration for adult use and/or for pediatric use, as
					 appropriate for the population reasonably anticipated to be served by such
					 device, and shall be installed and used according to the manufacturers
					 instructions with due attention provided to operating procedures, maintenance
					 and expiration date(s). AEDs are federally regulated medical devices, and can
					 only be purchased with a physician's prescription. Such physician's
					 prescription should be obtained from the agency's EHCP.
(c) Each agency shall have the AEDs placed in
					 their assigned locations within each of the agency's facilities and shall
					 ensure that trained AED operators for each facility are informed as to the
					 locations of the AEDs. Manufacturers' directions should be followed for all AED
					 installations and use.
(d) All AED
					 coordinators, or their designees, shall use their reasonable best efforts to
					 provide that all AEDs in their facilities shall be maintained and inspected
					 according to agency policy, manufacturers' and applicable Federal and State
					 government standards.
(e) All AED
					 coordinators, or their designees, shall use their reasonable best efforts to
					 perform or otherwise arrange for an inspection, on a regular basis not less
					 frequently than recommended by the AED manufacturer, to check the AED supplies,
					 accessories and spares for expiration dates and damage, and test the
					 functionality of each AED. Such inspection should include the AED exterior and
					 the connector.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 303 - Automated External Defibrillation › Section 303.7 - Medical support

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A State
					 agency possessing or operating an AED is required to have a collaborative
					 agreement with an emergency health care provider as defined in Public Health
					 Law, section 3000-b(2).
(b) For
					 each public building being considered for AED placement, an agency shall:
(1) identify its local REMSCO. A list of
					 REMSCOs located in the State of New York is maintained by DOH;
(2) identify a physician or hospital
					 knowledgeable and experienced in emergency cardiac care to serve as the EHCP
					 and to participate in a collaborative agreement with the State
					 agency;
(3) develop a written
					 collaborative agreement with the EHCP, which shall include a copy of written
					 practice protocols for use of the AEDs, together with written policies and
					 procedures which together: provide training requirements for AED operators;
					 direct the immediate calling of 911 in event of each emergency cardiac event;
					 provide ready identification of AED unit locations; provide for regular
					 maintenance and testing procedures of the AED unit(s) which procedures meet or
					 exceed manufacturers recommendations; detail documentation requirements
					 pertaining to AED usage; and define participation in a regionally approved
					 quality improvement program as required by sections 3000-b (3)(e) and 3004-a (1) 
					 of the Public Health Law;
(4)
					 consistent with the requirements of Public Health Law, section 3000-b(2), file
					 with DOH and appropriate REMSCO a copy of the notice of intent to provide
					 public access defibrillation (PAD), and a signed copy of the collaborative
					 agreement with the EHCP. The EHCP and the agency's AED administrator must sign
					 the notice of intent and the collaborative agreement. An agency should file a
					 new collaborative agreement with the DOH and appropriate REMSCO if the EHCP
					 changes. The agency should endeavor to secure written confirmation from the
					 REMSCO of its receipt of the agency's PAD plan. A copy of the PAD plan shall be
					 maintained by the agency's AED administrator. Copies of all such notices,
					 agreements, and confirmations shall also be provided to the commissioner and
					 the chairs of the subject agency's labor and management and health and safety
					 committees. Upon receipt of such notices, agreements, and confirmations, the
					 commissioner will provide the agency with an acknowledgment of
					 receipt;
(5) refrain from operating
					 AEDs until the agency's PAD plan has been formally approved by a REMSCO;
					 and
(6) provide written notice to
					 911 or the community equivalent emergency vehicle dispatch center of the
					 availability of AED service at the agency's facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 303 - Automated External Defibrillation › Section 303.8 - Responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon responding
					 to an emergency cardiac event, any AED operator shall:
(1) document each AED use on a patient,
					 including all incident data. All such documentation shall be submitted to the
					 agency's AED coordinator immediately following the AED use; and
(2) following each use, deliver the AED unit
					 to the agency's AED coordinator or inform that person of its
					 location.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 303 - Automated External Defibrillation › Section 303.9 - Aed replacement schedule

Current through Register Vol. 46, No. 28, July 10, 2024
After the initial installation, a replacement schedule
						which considers the useful life of the AED units shall be developed by the
						State agency. The replacement schedule should be updated
						periodically.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter V - Design And Construction Group › Part 311 - Membership In Council Of Contracting Agencies › Section 311.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to provide for the
					 participation by the Office of General Services in the Council of Contracting
					 Agencies established by Executive Order No. 125, dated May 22, 1989, in order
					 to enhance the availability of and access to information relevant to the
					 statutory determination by the Office of General Services of the responsibility
					 and reliability of low bidders for the award of construction contracts, and
					 certain service contracts, and the approval of subcontractors relative to such
					 contracts.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter V - Design And Construction Group › Part 311 - Membership In Council Of Contracting Agencies › Section 311.2 - Participation

Current through Register Vol. 46, No. 28, July 10, 2024
The Office of General Services as a Contracting Agency, as
					 defined in Executive Order No. 125, will participate in and comply with the
					 activities and procedures of such Contracting Agencies, pursuant to the
					 implementating Procedures of the Council of Contracting Agencies titled
					 "Council of Contracting Agencies, Executive Order No. 125, Procedures for
					 Collection and Exchange of Information Relating to Contractor Responsibility"
					 and its attachments, which was adopted and published by the Council of
					 Contracting Agencies on January 11, 1990. Copies of this document and its
					 attachments may be obtained from the publisher at the following address:
Council of Contracting Agencies, Office of the Chair, The
					 Commissioner of General Services, Mayor Erastus Corning 2nd Tower, The Governor
					 Nelson A. Rockefeller, Empire State Plaza, Albany, New York 12242.
This material is available for public inspection and
					 copying at the following office:
Counsel's Office, Office of General Services, 41st Floor,
					 Mayor Erastus Corning 2nd Tower, The Governor Nelson A. Rockefeller, Empire
					 State Plaza, Albany, New York 12242.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter V - Design And Construction Group › Part 312 - Restrictions on the Luminous Power of Lighting Fixtures › Section 312.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to implement the provisions of
					 Section 143  of the Public Buildings Law by setting forth the relevant industry
					 standards with which State agencies must comply when installing new or
					 replacement permanent outdoor lighting fixtures.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter V - Design And Construction Group › Part 312 - Restrictions on the Luminous Power of Lighting Fixtures › Section 312.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Direct
				  light means light emitted by a fixture from the lamp, from a reflector, or
				  through a refractor.
(b) Facade
				  lighting means permanent outdoor fixtures that are specifically intended to
				  illuminate the exterior surfaces of buildings or structures.
(c) Fully shielded fixture means a fixture
				  that allows no direct light from the fixture above a horizontal plane through
				  the fixture's lowest light-emitting part, in its mounted position.
(d) Fixture lumens means total lumens emitted
				  by a fixture.
(e) Glare means
				  light emitted by a fixture that causes discomfort or reduced visibility.
(f) Illuminance means the luminous
				  power incident per unit area of a surface.
(g) Lamp means a light bulb or other
				  component of a fixture that changes electricity into visible light.
(h) Light trespass means light that falls
				  beyond the property it is intended to illuminate.
(i) Lumen means a standard unit of
				  measurement of the quantity of light emitted from a lamp.
(j) Fixture means a complete lighting unit,
				  including a lamp together with the parts designed to distribute the light, to
				  position and protect the lamp and to connect the lamp to the power
				  supply.
(k) Ornamental roadway
				  lighting means a roadway lighting fixture that serves a decorative function in
				  addition to a roadway lighting function, having an historical period appearance
				  or decorative appearance.
(l)
				  Parking-lot lighting means permanent outdoor fixtures specifically intended to
				  illuminate uncovered vehicle parking areas.
(m) Permanent outdoor fixture means a fixture
				  for use in an exterior environment installed with mounting not intended for
				  relocation.
(n) Roadway lighting
				  means permanent outdoor fixtures specifically intended to illuminate public
				  roadways.
(o) Sky glow means a
				  condition caused by light directed upwards or sideways reducing one's ability
				  to view the night sky.
(p) State
				  agency means any State department, office, board, commission, agency, or a
				  public authority or public benefit corporation at least one of whose members is
				  appointed by the governor.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter V - Design And Construction Group › Part 312 - Restrictions on the Luminous Power of Lighting Fixtures › Section 312.3 - Restrictions and Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No State
				  agency operating in the State shall install or cause to be installed any new or
				  replacement permanent outdoor fixture unless the following conditions are met:
(1) In the case of roadway lighting or
				  parking-lot lighting, whether mounted to poles, buildings or other structures,
				  the fixture is fully shielded.
(2)
				  In the case of building-mounted fixtures not specifically intended for roadway
				  lighting, parking-lot lighting, or facade lighting, the fixture is fully
				  shielded when its initial fixture lumens is greater than 3,000 lumens.
(3) In the case of facade
				  lighting, the fixture is shielded to reduce glare, sky glow, and light trespass
				  to the greatest extent possible.
(4) In the case of ornamental roadway
				  lighting fixtures, the fixture allows no more than 700 lumens from the fixture
				  above a horizontal plane through the fixture's lowest light emitting part.
(5) For illumination by new
				  permanent outdoor fixtures for applications described in paragraph (1), (2),
				  (3) or (4) of this subdivision, only illuminance levels that are no greater
				  than those required for the intended purpose may be used, in accordance with
				  the industry standards set forth in Section
				  312.4.
(6) In the case of roadway lighting
				  unassociated with intersections of two or more streets or highways, the
				  Department of Transportation has determined that the purpose of the lighting
				  installation or replacement cannot be achieved by installation of reflectorized
				  roadway markers, lines, warnings or informational signs, or other passive
				  means.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter V - Design And Construction Group › Part 312 - Restrictions on the Luminous Power of Lighting Fixtures › Section 312.4 - Industry Standards

Current through Register Vol. 46, No. 28, July 10, 2024
When installing new or replacement permanent outdoor
					 lighting fixtures, State agencies shall comply with the following industry
					 standards contained within the following publications:
(a) Roadway lighting: Any of the industry
				  standards listed in para- graphs (1), (2), or (3) of this subdivision may be
				  used provided the standard contains a guideline for the relevant type of
				  roadway lighting application.
(1) American
				  Association of State Highway and Transportation Officials (AASHTO) - Roadway
				  Lighting Design Guide 6th ed. (October 2005)
(2) Approved American National Standards
				  Institute (ANSI)/ Illuminating Engineering Society (IES) - RP-8-14 Roadway
				  Lighting
(3) IES - DG-19-08 Design
				  Guide for Roundabout Lighting
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter V - Design And Construction Group › Part 312 - Restrictions on the Luminous Power of Lighting Fixtures › Section 312.5 - Incorporation of Certain Industry Standards by Reference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  following standard of the American Association of State Highway and
				  Transportation Officials (AASHTO) is hereby incorporated by reference, with the
				  same force and effect as if fully set forth at length herein: Roadway Lighting
				  Design Guide 6th ed. (October 2005). This publication is available for public
				  inspection and copying at the New York State Office of General Services, Design
				  & Construction Unit, Corning Tower, Empire State Plaza, Albany, NY 12242.
				  The standard is published by AASHTO and is also available for purchase from
				  AASHTO, 444 North Capitol Street N.W., Suite 249 Washington, DC 20001, (202)
				  624-5800, or
http://www.transportation.org
.
(b) The following standards of the
				  Illuminating Engineering Society (IES) are hereby incorporated by reference,
				  with the same force and effect as if fully set forth at length herein: RP-8-14
				  Roadway Lighting; DG- 19-08 Design Guide for Roundabout Lighting; RP-20-14
				  Lighting for Parking Facilities; and The Lighting Handbook, 10th Edition. These
				  publications are available for public inspection and copying at the New York
				  State Office of General Services, Design & Construction Unit, Corning
				  Tower, Empire State Plaza, Albany, NY 12242. The standards are published by IES
				  and are also available for purchase from IES, 120 Wall Street, Floor 17, New
				  York, New York 10005-4001, (212) 248-5000, or
http://www.ies.org/
.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter VI - Miscellaneous › Subchapter A - General Rules › Part 330 - Public Access To Records Of The Office Of General Services › Subpart 330-1 - General Rules › Section 330-1.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
						people's right to know the process of government decisionmaking and the
						documents and statistics leading to determinations is basic to our society. The
						public shall be granted access to all records which are not specifically exempt
						from disclosure by the Freedom of Information Law.
(b) This Part provides information concerning
						the procedures by which records may be obtained.
(c) Records shall be made available to the
						public in accordance with the Freedom of Information Law.
(d) Any conflicts among laws governing public
						access to records shall be construed in favor of the widest possible
						availability of public records.
(e)
						Nothing in this Part shall be construed to require the Office of General
						Services to prepare any record not possessed or maintained by such entity,
						except the records specified in subdivision 3 of section 87 of the Public
						Officer's Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter VI - Miscellaneous › Subchapter A - General Rules › Part 330 - Public Access To Records Of The Office Of General Services › Subpart 330-1 - General Rules › Section 330-1.2 - Designation of records access officers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Commissioner of General Services is
						responsible for insuring compliance with this Part and designates the
						incumbents of the following position as records access officer:
(1) Director of Public Information
41st Floor
Tower Building
Empire State Plaza
Albany, NY 12242
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter VI - Miscellaneous › Subchapter A - General Rules › Part 330 - Public Access To Records Of The Office Of General Services › Subpart 330-1 - General Rules › Section 330-1.3 - Locations

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection and
						  copying at offices where the records are maintained or may reasonably be made
						  available. Such offices may include, but shall not be limited to, the following
						  locations:
(a) Mayor Erastus Corning
						II Tower Building
Empire State Plaza
Albany, NY 12242
(b) Adam Clayton Powell Jr. State Office
						Building
163 West 125th Street
New York, NY 10027
(c) Gen. Wm. Donovan Building
125 Main Street
Buffalo, NY 14203
(d) Sen. John H. Hughes State Office Building
333 E. Washington Street
Syracuse, NY 13202
(e) Utica State Office Building
207 Genesee Street
Utica, NY 13501
(f) Binghamton State Office Building
44 Hawley Street
Binghamton, NY 13901
(g) Eleanor Roosevelt State Office Building
4 Burnett Blvd.
Poughkeepsie, NY 12603
(h) Suffolk State Office Bldg.
Hauppauge, NY 11787
(i) Dulles State Office Building
317 Washington St.
Watertown, NY 13601
(j) Henderson-Smith State Office Building
107 Broadway
Hornell, NY 14843
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter VI - Miscellaneous › Subchapter A - General Rules › Part 330 - Public Access To Records Of The Office Of General Services › Subpart 330-1 - General Rules › Section 330-1.4 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records shall be accepted
						  and records produced during all hours regularly open for business. These hours
						  are: 8:30 a.m. to 4:45 p.m., Monday through Friday, State holidays
						  excepted.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter VI - Miscellaneous › Subchapter A - General Rules › Part 330 - Public Access To Records Of The Office Of General Services › Subpart 330-1 - General Rules › Section 330-1.5 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where a request for records is required,
						such request shall be in writing.
(b)
(1)
						Within five business days of the receipt of a written request for a record
						reasonably described, the records access officer shall make such record
						available, deny the request in writing, or furnish a written acknowledgment of
						the receipt of such request and a statement of the approximate date, which
						shall be reasonable under the circumstances of the request, when such request
						shall be granted or denied, including, where appropriate, a statement that
						access to the records will be determined in accordance with section
						330-1.7 of this Subpart. If the
						Office of General Services determines to grant a request in whole or in part,
						and if circumstances prevent disclosure to the person requesting the record or
						records within 20 business days from the date of the acknowledgment of the
						receipt of the request, the agency shall state, in writing, both the reason for
						the inability to grant the request within 20 business days and a date certain
						within a reasonable period, depending on the circumstances, when the request
						will be granted in whole or in part. Failure of the Office of General Services
						to conform to the provisions of this subdivision shall constitute a denial of
						access to records subject to appeal pursuant to section
						330-1.8(b) of this
						Subpart.
(2) Following the issuance
						of such acknowledgment, the records access officer shall grant or deny such
						request expeditiously in view of the factual and legal issues relating to the
						request, the need for consultation relating to the protection of personal
						privacy, the volume of the records sought, the search techniques needed to
						locate the records and the time needed to review them.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter VI - Miscellaneous › Subchapter A - General Rules › Part 330 - Public Access To Records Of The Office Of General Services › Subpart 330-1 - General Rules › Section 330-1.6 - Records not available for inspection or copying

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding anything to the contrary contained in
						  this Part, the following records or portions thereof shall not be available for
						  public inspection or copying that:
(a)
						are specifically exempted from disclosure by State or Federal
						statute;
(b) if disclosed, would
						constitute an unwarranted invasion of personal privacy under the provisions of
						subdivision 2 of section 89  of the Public Officers Law;
(c) if disclosed, would impair present or
						imminent contract awards;
(d) are
						trade secrets as defined herein;
(e) are compiled for law enforcement purposes
						and which, if disclosed would:
(1) interfere
						with law enforcement investigations or judicial proceedings;
(2) deprive a person of a right to a fair
						trial or impartial adjudication;
(3) identify a confidential source or
						disclosure confidential information relating to a criminal investigation;
						or
(4) reveal criminal
						investigative techniques or procedures, except routine techniques and
						procedures;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter VI - Miscellaneous › Subchapter A - General Rules › Part 330 - Public Access To Records Of The Office Of General Services › Subpart 330-1 - General Rules › Section 330-1.7 - Submission of records containing trade secrets or critical infrastructure information

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) For purposes of this Part, trade secret
						means any record including, but not limited to: any proprietary data concerning
						past, present or planned future distribution, sales volumes, costs, or prices;
						customer or client lists; devices; processes or plans; formulas; patterns;
						procedures; studies; analyses, plans, and surveys; compounds; cost records;
						compilations of information and other confidential or proprietary information
						which is not generally published or divulged, the disclosure of which would
						cause substantial injury to the competitive position of the commercial
						enterprise, or if openly disclosed would permit an unfair advantage to
						competitors of the subject enterprise.
(2) For purposes of this Part, critical
						infrastructure means systems, assets, places or things, whether physical or
						virtual, so vital to the State that the disruption, incapacitation or
						destruction of such systems, assets, places or things could jeopardize the
						health, safety, welfare or security of the State, its residents or its
						economy.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter VI - Miscellaneous › Subchapter A - General Rules › Part 330 - Public Access To Records Of The Office Of General Services › Subpart 330-1 - General Rules › Section 330-1.8 - Denial of access to records other than those containing designated trade secrets or critical infrastructure information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial of access to records shall be in
						writing, stating the reason therefor and advising the requester of the right to
						appeal to the individual or body established to hear appeals.
(b) Any person denied access to records may
						appeal in writing within 30 days of such denial.
(c) The following shall hear appeals for
						denial of access to records under article 6 of the Public Officers Law:
First Deputy Commissioner of General Services or a
						  designee
Office of General Services
41st Floor
Tower Building
Empire State Plaza
Albany, NY 12242
Telephone (518) 474-5988
(d) The time for deciding an appeal by the
						First Deputy Commissioner or a designee shall commence upon receipt of written
						appeal identifying:
(1) the date of a request
						for records;
(2) the records to
						which the requester was denied access; and
(3) the name and return address of the
						appellant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter VI - Miscellaneous › Subchapter A - General Rules › Part 330 - Public Access To Records Of The Office Of General Services › Subpart 330-1 - General Rules › Section 330-1.9 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
						no fee charged for:
(1) inspection of
						records;
(2) search for
						records;
(3) any certification
						pursuant to this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter VI - Miscellaneous › Subchapter A - General Rules › Part 330 - Public Access To Records Of The Office Of General Services › Subpart 330-1 - General Rules › Section 330-1.10 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application
						  thereof to any person or circumstance is adjudged invalid by a court of
						  competent jurisdiction, such judgment shall not affect or impair the validity
						  of the other provisions of this Part or the application thereof to other
						  persons and circumstances.