Chapter 55: Department of Design and Construction

Section 1200.

Section 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. Deputies.

The commissioner may appoint five deputies.

Section 1202.

Section 1202. Powers and duties of the commissioner.

  1. 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.
  2. 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. 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. 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. Powers and duties of other agencies.

  1. 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.
  2. 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.