Section 232. Uniform code of bridge inspection

1. Code development; rules
  and  regulations.  The  commissioner  shall,   after   public   hearing,
  promulgate  a uniform code of bridge inspection, hereinafter referred to
  as the "code", by rule and  regulation  which  shall  be  known  as  the
  uniform  code  of  bridge  inspection  which shall, in all cases meet or
  exceed applicable  federal  law.  The  commissioner  shall  periodically
  review  the  code  to  ensure  that  it effectuates the purposes of this
  section. 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.
    2.  Periodic  inspections.  Any  bridge  publicly-owned,  operated  or
  maintained  shall  be  inspected  at  least  once  every  two  years  in
  accordance with  the  provisions  of  the  code  and  shall  be  further
  inspected  and/or  evaluated  at  such  other  times  as may be required
  therein. The code shall also set  forth  requirements  for  the  interim
  inspections  or  evaluations  and  the  scope  of  such  inspections  or
  evaluations where the structural integrity of a bridge is  or  has  been
  threatened  by  a  storm, flood, natural phenomenon, accident or manmade
  occurrence; where a bridge has known deficiencies; and where a bridge is
  posted for weight limits less than that which is legal  on  the  highway
  leading to or from the bridge.
    3.  Minimum  code  requirements. The uniform code of bridge inspection
  shall require, but not be limited to, the following:
    (a) provisions that all bridge inspections shall include a  review  of
  the  most  recent  inspection  report  and,  to the extent available and
  retrievable in the normal course of business and consistent with  public
  safety,  the most recent structural integrity evaluation, an examination
  of  the  design,  as-built  plans,  contract   documents,   history   of
  construction  including any history of strucutural alterations, repairs,
  rehabilitation or maintenance;
    (b) provisions for the establishment of a rating system keyed  to  the
  structural integrity and safety of the bridge;
    (c)  provisions  that  any aspect of a bridge that is not inspected at
  the time of the inspection or is determined by the supervising  engineer
  to  be  uninspectable,  shall  be  inspected as to its condition as soon
  thereafter as such aspect  becomes  inspectable  provided,  however,  if
  judged  to  be permanently uninspectable such status and condition shall
  be noted;
    (d) procedures for all underwater inspections;
    (e) criteria and guidelines for approved scour indicator systems where
  a bridge has foundations subject to scour; and
    (f)  procedures  for  the  temporary  closing  of  a  bridge  and  the
  notification of the commissioner.
    4.  Structural  integrity  evaluation.  (a)  The  code shall establish
  requirements for performing  bridge  structural  and  foundation  system
  evaluations in conjunction with an inspection. The criteria for the need
  and  frequency  for  these  evaluations, which shall be referred to as a
  structural integrity, shall be keyed to  the  structural  integrity  and
  safety  rating  system required by the code. The code shall also provide
  for the scope and contents of such evaluations. Where applicable to  the
  determination  of  structural integrity, these evaluations shall include
  an analysis of:
    (i) where available and retrievable in the normal course  of  business
  and  consistent  with  public safety, the design, design as-built plans,
  contract documents, and history of construction, structural alterations,
  rehabilitation, and maintenance repairs;
    (ii) code changes since the time of original design;

    (iii) the  live  load  capacity  rating  in  accordance  with  current
  specifications  and/or  accepted engineering practice and accounting for
  changes in volume and character of traffic;
    (iv) the effect of relevant stream changes regarding water crossings;
    (v) deterioration and modification to the original structure; and
    (vi)  a  life  cycle  projection  of  the  scope and estimated cost of
  maintenance, repair, and/or rehabilitation in order to provide  criteria
  for comprehensive bridge management and safety.
    (b)  Each structural integrity evaluation performed in accordance with
  by paragraph (a) of this subdivision shall also include a ten year  life
  cycle projection, the purpose of which is to estimate the scope and cost
  of  maintenance,  repair and rehabilitation in order to provide criteria
  for comprehensive bridge management and safety.
    5. Inspections and  inspection  reports.  (a)  All  bridges  shall  be
  inspected  and  evaluated  by  licensed professional engineers or by any
  other person who is under the direct supervision  of  such  an  engineer
  providing  such  engineer  is  present  at  the  time  of inspection and
  evaluation. Any such engineer who shall either perform or  supervise  an
  inspection or evaluation shall be referred to as the inspecting engineer
  and   shall   meet   the  qualifications  for  previous  bridge  design,
  construction or inspection experience as prescribed by the commissioner.
  All inspections and evaluations shall be reported on forms prescribed by
  the commissioner, subscribed by the inspecting engineer and  filed  with
  the  commissioner  within sixty days of the completion of the inspection
  or evaluation.  The commissioner may accept for filing  a  copy  of  any
  incomplete  inspection  or  evaluation  report but shall also return any
  such report  to  the  inspecting  engineer  for  completion  at  a  time
  established  by  the  commissioner but in no case shall such time exceed
  sixty days.
    (b) Within sixty days of the effective date  of  this  section,  every
  public  entity  shall  file  with  the commissioner, for the purposes of
  establishing and maintaining the  bridge  data  base  as  set  forth  in
  section  two  hundred  thirty-one  of  this  article,  the  most  recent
  inspection report for bridges conducted prior to such effective date.
    6. Maintenance guidelines. The commissioner shall  establish  by  rule
  and  regulation  criteria  for  the  furnishing  of  written maintenance
  guidelines to the owner of a bridge by the design  engineer  responsible
  for  either  the  construction  or  substantial  structural  alteration,
  repairs,  or  rehabilitation  of  a  bridge  upon  completion  of   such
  construction  or  rehabilitation.  This  provision  shall apply to every
  bridge construction alteration, repair, or rehabilitation contracted for
  on or after the first day of January, nineteen hundred ninety.