Bill Text: NY A05618 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to conducting investigations into the administration and enforcement of the New York state uniform fire prevention and building code and the New York state energy conservation construction code by counties.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced) 2024-07-15 - enacting clause stricken [A05618 Detail]
Download: New_York-2023-A05618-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5618 2023-2024 Regular Sessions IN ASSEMBLY March 17, 2023 ___________ Introduced by M. of A. ZEBROWSKI -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to conducting investi- gations into the administration and enforcement of the New York state uniform fire prevention and building code and the New York state ener- gy conservation construction code The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 3 and 4 of section 381 of the executive law, 2 as added by chapter 707 of the laws of 1981, are amended to read as 3 follows: 4 3. a. On and after the first day of July, nineteen hundred eighty- 5 five, the secretary shall have power to investigate and conduct hearings 6 relative to whether administration and enforcement of the uniform fire 7 prevention and building code complies with the minimum standards promul- 8 gated pursuant to subdivision one of this section. At least ten days 9 written notice of any such hearing shall be provided to the elective or 10 appointive chief executive officer or, if there be none, the chairman of 11 the legislative body of the local government or county whose adminis- 12 tration and enforcement of the uniform code is at issue. 13 b. If the secretary receives from any county, official notice, in the 14 form of a resolution, approved by a majority vote by the county legisla- 15 ture, board of supervisors, or board of legislatures and then approved 16 by the county executive, where the county has a county executive, which 17 explains the basis of the request, that a local government within the 18 county is not providing administration and enforcement of the uniform 19 fire prevention and building code that complies with the minimum stand- 20 ards promulgated pursuant to subdivision one of this section, the secre- 21 tary shall investigate and may conduct hearings in accordance with the 22 provisions of this subdivision. The secretary shall not begin an inves- 23 tigation into a local government under this paragraph unless the local EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00978-01-3A. 5618 2 1 government received a copy of the official notice and has had one month 2 to respond to the official notice and submit such response to the secre- 3 tary. 4 4. If the secretary determines that a local government has failed to 5 administer and enforce the uniform fire prevention and building code in 6 accordance with the minimum standards promulgated pursuant to subdivi- 7 sion one of this section, the secretary shall take any of the following 8 actions, either individually or in combination in any sequence: 9 a. The secretary may issue an order compelling compliance by such 10 local government with the standards for administration and enforcement 11 of the uniform code. 12 b. The secretary may ask the attorney general to institute in the name 13 of the secretary an action or proceeding seeking appropriate legal or 14 equitable relief to require such local government to administer and 15 enforce the uniform code. 16 c. [the] The secretary may designate the county in which such local 17 government is located to administer and enforce the uniform code in such 18 local government. In the case of such designation, the provisions of 19 subdivision five of this section shall apply. 20 d. The secretary may, in the place and stead of the local government, 21 administer and enforce the uniform code in accordance with the minimum 22 standards promulgated pursuant to subdivision one of this section. In 23 such event, the provisions of subdivision five of this section shall 24 apply. 25 e. If the secretary finds that the local government is incapable of or 26 unwilling to administer and enforce the uniform code pursuant to the 27 minimum standards and the secretary's investigation of such local 28 government was initiated by an official notice from the county in which 29 such local government is located, and if the county has requested that 30 the secretary designate the county to administer and enforce the uniform 31 code in such local government, the secretary shall designate the county 32 in which such local government is located to administer and enforce the 33 uniform code in such local government unless the secretary finds that 34 the county would be incapable of assuming the responsibilities. 35 § 2. Subdivision 5 of section 381 of the executive law is amended by 36 adding a new paragraph e to read as follows: 37 e. After at least eighteen months from such designation, the local 38 government may petition the secretary to reassume authority for uniform 39 fire prevention and building code enforcement. To reassume authority for 40 uniform fire prevention and building code enforcement, the local govern- 41 ment shall demonstrate to the satisfaction of the secretary that the 42 conditions which led to its prior failure to provide administration and 43 enforcement of the uniform fire prevention and building code that 44 complies with the minimum standards promulgated pursuant to subdivision 45 one of this section are no longer present and that it will be able to 46 properly administer and enforce the code. 47 § 3. This act shall take effect immediately.
