N.Y. Highway Law § 231: Program of comprehensive bridge management and inspection

§ 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 shall

receive 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.