Bill Text: NY A07145 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Relates to the applicability of local building codes to state and state agency owned buildings; requires full compliance upon alteration or if such building ceases to be owned by the state.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-01-03 - referred to cities [A07145 Detail]

Download: New_York-2023-A07145-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          7145

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 11, 2023
                                       ___________

        Introduced  by M. of A. SIMONE, COLTON -- Multi-Sponsored by -- M. of A.
          CARROLL, COOK, GLICK -- read once and referred  to  the  Committee  on
          Cities

        AN  ACT  to amend the general city law, in relation to the applicability
          of local codes in cities with a population  of  one  million  or  more
          inhabitants

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as the "Graffagni-
     2  no and Beddia law".
     3    § 2. The general city law is amended by adding a new section  20-h  to
     4  read as follows:
     5    §  20-h.  Applicability  of local codes in cities with a population of
     6  one million or more inhabitants. 1.   Notwithstanding any  provision  of
     7  general,  special  or  local law to the contrary, in cities with a popu-
     8  lation of one million or more inhabitants all buildings  and  structures
     9  owned, leased or operated by the state of New York or a state agency, as
    10  that  term is defined in section three hundred seventy-two of the execu-
    11  tive law, that are not otherwise required to comply  with  the  require-
    12  ments  of  title  twenty-eight of the administrative code of the city of
    13  New York and the  rules  and  regulations  promulgated  thereunder  (DOB
    14  Codes)  or  title  twenty-nine of the administrative code of the city of
    15  New York and the rules  and  regulations  promulgated  thereunder  (FDNY
    16  Codes),  shall  be under the jurisdiction of the department of buildings
    17  of such city and the fire department of such city and shall be designed,
    18  constructed, operated and maintained, to the extent specified in  subdi-
    19  visions  two, three and four of this section, in compliance with the DOB
    20  Codes and the FDNY Codes. The agencies of such city responsible for  the
    21  enforcement  of such laws, rules and regulations are hereby empowered to
    22  conduct all inspections authorized by such laws, rules  and  regulations
    23  and  enforce such laws, rules and regulations against all such buildings

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07939-01-3
        A. 7145                             2

     1  and structures in the same manner and to the same extent as  they  would
     2  conduct inspections and enforce such laws, rules and regulations against
     3  other buildings and structures under their jurisdiction.
     4    2.  New buildings and structures. All buildings and structures covered
     5  by this section and newly constructed after the effective date  of  this
     6  section  shall  comply  with  the requirements of the DOB Codes and FDNY
     7  Codes. Certificates of occupancy issued to such buildings and structures
     8  shall be limited to the duration of ownership by the state of  New  York
     9  or  state  agency unless compliance with the zoning resolution of a city
    10  of one million or more inhabitants is also demonstrated.
    11    3. Existing buildings and structures. Existing  buildings  and  struc-
    12  tures are those constructed before the effective date of this section.
    13    (a) Continuation of lawful use and occupancy. The lawful use and occu-
    14  pancy  of  an  existing  building  or structure may be continued for the
    15  duration of the ownership, lease or operation by the state of  New  York
    16  or  state  agency  provided  such  building or structure is operated and
    17  maintained in accordance with the requirements of the FDNY  Codes.  Such
    18  lawful  use and occupancy may be continued unless either the building or
    19  structure is altered, in which case all alterations to such building  or
    20  structure  shall  be  subject to the provisions of the DOB Codes and the
    21  FDNY Codes.
    22    (b) Certificate of occupancy. Existing buildings and structures  shall
    23  not  require  a  certificate  of occupancy issued by the commissioner of
    24  buildings of a city with a population of one million or more inhabitants
    25  unless and until an alteration requiring a new certificate of  occupancy
    26  as  per the DOB Codes is made. The commissioner of buildings may require
    27  the building or structure to be provided with adequate means  of  egress
    28  or  fire  protection  as  necessary for the safety of occupants prior to
    29  issuing a certificate of occupancy. The  commissioner  of  buildings  of
    30  such  city  may  restrict  the  certificate  of occupancy issued to such
    31  building or structure to the duration of ownership by the state  of  New
    32  York  or state agency where the building or structure, although lawfully
    33  constructed and altered, is not shown to have complied with the building
    34  and zoning laws and rules in effect for buildings within such city  when
    35  the building or structure was erected, and, where applicable, altered.
    36    (c)  Places  of  assembly. (1) For any existing place of assembly that
    37  does not have a certificate of operation issued by the  commissioner  of
    38  buildings  of  a  city with a population of one million or more inhabit-
    39  ants, a proposed seating  arrangement  plan  shall  be  filed  with  and
    40  approved  by the department of buildings and the fire department of such
    41  city before any change is made  to  either:  (A)  the  existing  seating
    42  arrangement;  (B)  type  of  seating;  or (C) interior layout; provided,
    43  however, that in reviewing the seating arrangement plan, the  department
    44  of  buildings and the fire department shall not approve hazardous condi-
    45  tions or configurations. Such changes  shall  not  require  a  place  of
    46  assembly certificate of operation except as provided for in subparagraph
    47  two of this paragraph.
    48    (2)  Existing places of assembly shall not require a place of assembly
    49  certificate of operation, provided, however, that  upon  issuance  of  a
    50  certificate  of  occupancy for the building or structure containing such
    51  place of assembly, a place of assembly certificate of operation shall be
    52  obtained within three months thereafter. Upon  satisfactory  application
    53  by  the  state of New York or state agency according to the requirements
    54  and procedures of a city with a population of one million or more inhab-
    55  itants, the commissioner of buildings of such city shall issue a certif-
    56  icate of operation to any such existing place of assembly,  provided  it
        A. 7145                             3

     1  substantially  complies  with  the DOB Codes' requirements pertaining to
     2  means of egress and fire protection.
     3    (d) Maintenance. Existing buildings and structures shall be subject to
     4  the  maintenance  requirements  of the DOB Codes, including any required
     5  periodic inspections and reports. However,  no  reports  or  submissions
     6  shall be required of the state of New York or a state agency responsible
     7  for  the  operation  and  control  of such buildings or structures on or
     8  before July thirty-first, two thousand twenty-four.
     9    (e) Retroactive requirements. Existing buildings and structures  shall
    10  be  subject  to  all  retroactive requirements in the 1968 New York City
    11  Building Code and the DOB Codes pertaining to fire protection  and  life
    12  safety,  whether  or  not  the  deadline  to comply with such provisions
    13  preceded the effective date of this section. In buildings or  structures
    14  where  the  deadline  preceded  the effective date of this section, such
    15  buildings and structures shall have three years to come into compliance.
    16  Where the deadline has not yet passed, existing buildings and structures
    17  shall have as much time to come into compliance as each such retroactive
    18  requirement originally afforded existing buildings when it became effec-
    19  tive.
    20    4. Department of labor cooperation with  department  of  environmental
    21  protection  of  a city with a population of one million or more inhabit-
    22  ants.  The commissioner of labor and the commissioner  of  environmental
    23  protection  of  a city with a population of one million or more inhabit-
    24  ants shall cooperate in providing notification of, and sharing  relevant
    25  information about asbestos abatement projects in such city at all build-
    26  ings  and  structures owned, leased or operated by the state of New York
    27  or a state agency, as that term is  defined  in  section  three  hundred
    28  seventy-two  of  the  executive  law,  and  shall otherwise cooperate as
    29  necessary, in order to further enhance the safety of such projects.
    30    § 3. This act shall take effect on the one hundred eightieth day after
    31  it shall have become a law.