Bill Text: NY A01869 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Requires notice to be given to the fire department with jurisdiction over a residential building where construction will utilize truss type, pre-engineered wood, or timber construction.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Passed) 2014-09-17 - signed chap.353 [A01869 Detail]

Download: New_York-2013-A01869-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1869--B
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A.  SCHIMEL, WEISENBERG, HOOPER, JAFFEE, CURRAN,
         MONTESANO, COOK, ENGLEBRIGHT -- Multi-Sponsored by -- M. of  A.  GOTT-
         FRIED,  THIELE  --  read once and referred to the Committee on Govern-
         mental Operations  --  committee  discharged,  bill  amended,  ordered
         reprinted  as amended and recommitted to said committee -- recommitted
         to the Committee on Governmental Operations in accordance with  Assem-
         bly  Rule  3,  sec.  2  -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the executive law, in relation  to  notice  requirements
         and  enforcement  for residential buildings with truss type, pre-engi-
         neered wood or timber construction
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The executive law is amended by adding a new section 382-b
    2  to read as follows:
    3    S 382-B.  RESIDENTIAL BUILDINGS WITH TRUSS TYPE,  PRE-ENGINEERED  WOOD
    4  OR TIMBER CONSTRUCTION; NOTICE REQUIREMENTS.  1. A. ANY PERSON UTILIZING
    5  TRUSS  TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION FOR THE ERECTION
    6  OF ANY NEW RESIDENTIAL STRUCTURE, FOR ANY ADDITION TO AN EXISTING  RESI-
    7  DENTIAL  STRUCTURE, OR FOR ANY REHABILITATION OF AN EXISTING RESIDENTIAL
    8  STRUCTURE, SHALL, UPON APPLICATION FOR A BUILDING PERMIT WITH THE  MUNI-
    9  CIPALITY  HAVING  JURISDICTION,  INCLUDE  ON THE PERMIT APPLICATION THAT
   10  TRUSS  TYPE,  PRE-ENGINEERED  WOOD  OR  TIMBER  CONSTRUCTION  IS   BEING
   11  UTILIZED.
   12    B.  THE  PROPERTY  OWNER  OR THE PROPERTY OWNER'S REPRESENTATIVE SHALL
   13  COMPLETE A FORM PROVIDED BY THE COUNCIL  DESIGNATING  THE  STRUCTURE  AS
   14  TRUSS  TYPE,  PRE-ENGINEERED  WOOD  OR TIMBER CONSTRUCTION AND FILE SUCH
   15  FORM WITH THE APPLICATION FOR A BUILDING PERMIT.
   16    C. UPON RECEIVING THE APPLICATION FOR A BUILDING  PERMIT  AND  A  FORM
   17  DESIGNATING  THE  STRUCTURE AS TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03234-05-4
       A. 1869--B                          2
    1  CONSTRUCTION, THE  MUNICIPALITY  HAVING  JURISDICTION  SHALL  NOTIFY  BY
    2  CERTIFIED  MAIL,  FACSIMILE, E-MAIL OR OTHER ELECTRONIC MEANS, THE CHIEF
    3  OF THE FIRE DISTRICT, FIRE DEPARTMENT OR FIRE COMPANY  HAVING  JURISDIC-
    4  TION OVER THE STRUCTURE TO BE CREDITED, ADDED TO, OR MODIFIED, OR HIS OR
    5  HER   DESIGNEE,   THAT   TRUSS   TYPE,  PRE-ENGINEERED  WOOD  OR  TIMBER
    6  CONSTRUCTION IS BEING UTILIZED.
    7    D. AS A CONDITION OF THE FINAL RECEIPT OF A CERTIFICATE  OF  OCCUPANCY
    8  OR  CERTIFICATE  OF  COMPLETION,  A STICKER DESIGNED AND APPROVED BY THE
    9  COUNCIL SHALL BE AFFIXED TO THE EXTERIOR ELECTRIC PAN BOX.
   10    E. THE PROPERTY OWNER OR HIS OR HER REPRESENTATIVE SHALL BE  RESPONSI-
   11  BLE  FOR  MAINTAINING  THE  STICKER ON THE ELECTRIC PAN BOX OF THE RESI-
   12  DENCE, AS REQUIRED BY PARAGRAPH D OF THIS SUBDIVISION, AND SHALL REPLACE
   13  THE STICKER WHEN ANY CHANGES OR MODIFICATIONS ARE MADE TO  THE  ELECTRIC
   14  PAN BOX OR THE STICKER IS DAMAGED.
   15    2. A. THE LOCAL BUILDING DEPARTMENT OR LOCAL CODE ENFORCEMENT OFFICIAL
   16  HAVING  JURISDICTION OVER THE RESIDENTIAL STRUCTURE TO BE ERECTED, ADDED
   17  TO, OR MODIFIED, OR HIS OR HER DESIGNEE SHALL CONSULT  WITH  THE  COUNTY
   18  FIRE  COORDINATOR,  LOCAL  911  AND FIRE PROTECTION DISPATCHERS, AND THE
   19  LOCAL FIRE PROTECTION PROVIDER OR ENTITY DEEMED PERTINENT  TO  DETERMINE
   20  THE  MANNER SUFFICIENT TO WARN PERSONS CONDUCTING FIRE CONTROL AND OTHER
   21  EMERGENCY OPERATIONS OF THE EXISTENCE OF TRUSS TYPE, PRE-ENGINEERED WOOD
   22  OR TIMBER CONSTRUCTION IN THE STRUCTURE.
   23    B. THE CHIEF OF THE FIRE DISTRICT, FIRE DEPARTMENT,  OR  FIRE  COMPANY
   24  HAVING  JURISDICTION OVER THE RESIDENTIAL STRUCTURE TO BE ERECTED, ADDED
   25  TO, OR MODIFIED, OR HIS  OR  HER  DESIGNEE  SHALL  USE  THE  INFORMATION
   26  PROVIDED  UNDER SUBDIVISION ONE OF THIS SECTION TO WARN PERSONS CONDUCT-
   27  ING FIRE CONTROL AND OTHER EMERGENCY  OPERATIONS  OF  THE  EXISTENCE  OF
   28  TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION IN THE STRUCTURE.
   29    C. THE OFFICERS AND MEMBERS OF THE FIRE DEPARTMENT SHALL NOT BE LIABLE
   30  CIVILLY  OR  CRIMINALLY  FOR ANY FAILURE TO WARN PERSONS CONDUCTING FIRE
   31  CONTROL OR OTHER EMERGENCY OPERATIONS EXCEPT FOR WILLFUL  NEGLIGENCE  OR
   32  MALFEASANCE.
   33    3.  THE COUNCIL SHALL MAKE AVAILABLE CONTINUING EDUCATION HIGHLIGHTING
   34  TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION.
   35    4. THE COUNCIL SHALL PROMULGATE RULES AND REGULATIONS IT DEEMS  NECES-
   36  SARY TO CARRY INTO EFFECT THE PROVISIONS OF THIS SECTION.
   37    5. LOCAL GOVERNMENTS SHALL PROVIDE BY LOCAL LAW FOR THE ENFORCEMENT OF
   38  THE  PROVISIONS OF THIS SECTION. LOCAL GOVERNMENTS MAY PROVIDE FOR JOINT
   39  ENFORCEMENT OF THE PROVISIONS OF THIS SECTION BY AGREEMENT  PURSUANT  TO
   40  ARTICLE FIVE-G OF THE GENERAL MUNICIPAL LAW.
   41    6.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CITY WITH A
   42  POPULATION OF ONE MILLION OR MORE PERSONS.
   43    S 2. This act shall take effect on the first of January next  succeed-
   44  ing  the  date  on  which it shall have become a law; provided, however,
   45  that effective immediately, the addition, amendment and/or repeal of any
   46  rule or regulation necessary for the implementation of this act  on  its
   47  effective date is authorized and directed to be made and completed with-
   48  in 180 days after the date on which this act shall have become a law.