2006 New York Code - Applicability.



 
    * § 6-302  Applicability.  a.  Except  where  otherwise  provided, the
  provisions of this chapter shall apply to any product:
    (1) purchased or leased by any agency;
    (2) purchased or leased by any contractor  pursuant  to  any  contract
  with  any  agency where the director has designated such contract as one
  subject to this chapter in whole or in part; or
    (3) purchased or leased by any contractor  pursuant  to  any  contract
  with  any  agency  for  construction work in any building; provided that
  this paragraph  shall  only  require  that  such  contractors  meet  the
  requirements   of   subdivisions  a,  b  and  c  of  section  6-313  and
  subdivisions a and b of section 6-306 of this  chapter.  Notwithstanding
  the  foregoing,  except  when otherwise determined by the director, this
  paragraph shall not apply to any such contract:
    (i) subject to green building standards pursuant to subdivision  b  of
  section 224.1 of the charter;
    (ii)  subject to energy efficiency standards pursuant to subdivision c
  of section 224.1 of the charter; provided, however, that this  exception
  shall  only  apply  to  the purchase of energy using products and to the
  extent the purchase or lease of  any  such  products  is  necessary  for
  compliance with such subdivision;
    (iii)  subject to water efficiency standards pursuant to subdivision d
  of section 224.1 of the charter; provided, however, that this  exception
  shall only apply to the purchase of water using products;
    (iv)  where  construction  work is for a portion of a building that is
  less than fifteen thousand (15,000) square feet;
    (v) where construction work  is  in  any  building  or  portion  of  a
  building  leased  by the city; provided, however, that this subparagraph
  shall not apply to any product purchased or  leased  by  any  contractor
  pursuant  to any contract with any agency for construction work that (1)
  is a capital project and (2) is in a building or portion of  a  building
  that is leased for the use of a single agency where such single agency's
  lease is for more than fifty thousand (50,000) square feet of space; or
    (vi)   where   the   commissioner   of   the  department  of  citywide
  administrative  services  determines  that  the  requirements  of   this
  paragraph  will  result  in significant difficulty in finding a suitable
  site  for  an  agency  facility  and  that  such  a  circumstance  could
  materially  adversely  affect  the  health,  safety,  or welfare of city
  residents.
    b. Notwithstanding subparagraph (v) of paragraph 3 of subdivision a of
  this section, for any building where any single agency leases less  than
  fifty  thousand  (50,000) but more than fifteen thousand (15,000) square
  feet of space, the contracting agency shall nonetheless make good  faith
  efforts  to  apply  subdivisions  a,  b  and  c  of  section  6-306  and
  subdivisions a and b of section 6-313 of this  chapter  to  any  capital
  construction work.
    * NB Effective January 1, 2007

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