2006 New York Code - Noise Abatement Contract Compliance.

 
    §  24-216  Noise  abatement  contract compliance. (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.