§ 231 — Program of comprehensive bridge management and inspection

§ 231. Program of comprehensive bridge management and inspection. 1.\nProgram establishment. The commissioner is authorized and directed to\nestablish, implement and exercise oversight of and over a program of\ncomprehensive bridge management and inspection. Such program shall\nfacilitate the systematic organization and coordination of bridge\ninspection, maintenance, and repair information and practices to ensure\nand provide for sound comprehensive bridge management, thorough bridge\ninspections and proper, cost effective preventive maintenance for all\nbridges, publicly-owned, operated or maintained and shall further\nestablish an inventory of all privately owned bridges. The program shall\nalso include the establishment and maintenance of a bridge information\ndata base and bridge information center. For the purpose of this\nsection, the term bridge, shall refer only to bridges publicly-owned,\noperated or maintained, as defined in section two hundred thirty of this\narticle. The commissioner is hereby authorized to designate within the\ndepartment an office, the primary function of which shall be to\nadminister the program.\n 2. Commissioner's authorization. In implementing the program, the\ncommissioner is authorized:\n (a) to close any bridge which, if not closed may constitute a threat\nto any person's health, safety or welfare and, to open such bridge at\nsuch time as the commissioner deems appropriate;\n (b) to maintain a civil action against any public or private entity to\ncompel compliance with the provisions of this article;\n (c) to conduct any inquiry pertinent or material to the discharge of\nthe functions, powers and duties imposed by law, and through designated\nmembers of the staff, to subpoena witnesses, administer oaths, take\ntestimony and compel the production of such books, papers, records and\ndocuments as may be relevant to any such inquiry or investigation;\n (d) to have access to any and all books, records and papers relating\nto bridge design, construction, inspection, repair or maintenance\nmaintained by any person subject to the provisions of this article;\n (e) to encourage the development of comprehensive bridge management\nplans by public entities and to provide technical assistance, subject to\navailable funds, to any public entity in the development of such plans;\nand\n (f) to enter in or upon railroad right-of-way to inspect highway\nbridges. Upon reasonable notice from the department, a railroad shall\nprovide the use of personnel familiar with railroad operations in order\nto provide safe access and protection from freight and passenger\nlocomotive or train traffic to individuals who are required to enter\nupon or cross railroad property for the purpose of inspecting highway\nbridges. Any railroad providing such personnel shall be reimbursed for\nthe reasonable and necessary costs, as determined by the commissioner,\nof providing such personnel. If any railroad shall fail to provide\npersonnel in accordance with the department's request, the commissioner\nmay impose a civil penalty at a rate not to exceed the actual costs\nincurred for each day or portion of a day that the inspection is\ndelayed.\n (g) to do all things necessary or convenient to carry out the\nprovisions of this section and to exercise and perform such other\nfunctions, powers and duties as may from time to time be conferred or\nimposed by law.\n 3. Program responsibilities. In addition to the commissioner's\nauthority set forth in subdivision one of this section, the commissioner\nshall:\n (a) enforce the provisions of this article;\n (b) obtain bridge inspection reports that are required by the uniform\ncode of bridge inspection and structural integrity as set forth in\nsection two hundred thirty-two of this article;\n (c) review or require review of inspection reports, in accordance with\nguidelines established by the commissioner, for the purposes of\ncompliance with the code and the provisions of this article and any\nrules and regulations adopted in accordance with this article;\n (d) make available training materials to persons performing\nmaintenance and inspection pursuant to this article; and\n (e) prescribe qualifications of bridge design, construction, and\ninspection experience for licensed professional engineers who may\nperform or supervise bridge inspections or evaluations in accordance\nwith the provisions of this article.\n 4. Bridge data information center. (a) The commissioner shall, within\nappropriations provided therefor, establish and maintain a bridge data\ninformation center which shall include: (1) a central information data\nbase for all bridges subject to the provisions of this section and which\nshall collect, accept, catalogue, index, cross reference, automate and\nmaintain information on such bridges which shall include but not be\nlimited to information of the following subject areas: ownership,\nlocation, construction date, design engineer, design type, summary of\nmajor design features, maintenance history, inspection rating, dates of\nsubstantial rehabilitation, restrictions, record of any collapse or\nfailure, location of all documents relating to such bridges and any\nother information deemed necessary and appropriate by the commissioner\nand such information data base shall provide for the expeditious and\naccurate retrievability of all the information housed therein; and (2) a\nbridge information center for all information established and maintained\nin the data base subject to subparagraph one of this paragraph and for\nsuch other information as the commissioner may deem necessary and\nappropriate regarding bridges and bridge technology and such information\nshall include but not be limited to information on state-of-the-art\nresearch and technology relating to bridge design and integrity and\ninformation regarding bridge failure and bridge collapse.\n (b) All information collected pursuant to this subdivision shall be\nmade available for public inspection and copying pursuant to the\nprovisions of the freedom of information law.\n 5. Bridge design and substantial structural alteration. On and after\nthe effective date of this section, every public entity shall submit to\nthe commissioner and the commissioner shall accept for filing purposes\nthe designs of bridges to be constructed after such date and plans for\nany substantial structural alteration, repair or rehabilitation to be\nperformed after such effective date. All such designs and plans must be\ncertified by a licensed professional engineer and shall bear the\nsignature and seal or stamp of such engineer. The commissioner shall\nestablish by rule and regulation procedures necessary to implement the\nprovisions of this subdivision.\n 6. Annual report. The commissioner shall by the first day of January,\nnineteen hundred ninety, and the first day of January each year\nthereafter, provide to the governor and the legislature an annual report\nregarding the status of the bridge management and inspection program as\nestablished by section two hundred thirty-one of this article. Such\nreport shall include but not be limited to the program goals and the\nextent that such goals have been met in the previous year, an overview\nof the development and status of the bridge data base and information\ncenter and the status and condition of all bridges in this state.\n 7. Cooperation and assistance of any person or entity. To effectuate\nthe purposes of this article, the commissioner may request and shall\nreceive from any person or entity subject to the provisions of this\narticle and the same are authorized and directed to provide such\ncooperation and assistance, services and data as is necessary for the\ncommissioner to carry out the provisions of this article.\n