Bill Text: NY A09123 | 2013-2014 | General Assembly | Introduced


Bill Title: Expands remedies for violations of New York state uniform fire prevention and building code.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced - Dead) 2014-03-19 - referred to governmental operations [A09123 Detail]

Download: New_York-2013-A09123-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9123
                                 I N  A S S E M B L Y
                                    March 19, 2014
                                      ___________
       Introduced  by  M. of A. ZEBROWSKI, JAFFEE, O'DONNELL, STECK, GOTTFRIED,
         COOK, KEARNS, GALEF, MARKEY, THIELE -- Multi-Sponsored by -- M. of  A.
         ARROYO,  DINOWITZ, RIVERA, WEISENBERG -- read once and referred to the
         Committee on Governmental Operations
       AN ACT to amend the executive law, in relation to expanding remedies for
         violations of New York state uniform fire prevention and building code
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 382 of the executive law, as added by chapter 707
    2  of the laws of 1981, subdivision 2 as amended by chapter 135 of the laws
    3  of 1997, is amended to read as follows:
    4    S 382. Remedies. 1. In addition to and not in limitation of any  power
    5  otherwise  granted  by  law,  every  local government and its authorized
    6  agents shall have the power to order in writing  the  remedying  of  any
    7  condition  found  to  exist in, on or about any building in violation of
    8  the uniform fire prevention and building code and  to  issue  appearance
    9  tickets for violations of the uniform code.
   10    2.  Any person, having been served, either personally or by registered
   11  or certified mail, with an order to remedy any condition, OTHER  THAN  A
   12  CONDITION THAT IS DEEMED AN IMMINENT THREAT TO THE SAFETY AND WELFARE OF
   13  THE  BUILDING'S  OCCUPANTS, found to exist in, on, or about any building
   14  in violation of the uniform fire prevention and building code, who shall
   15  fail to comply with such order within the time fixed by the  regulations
   16  promulgated  by  the  secretary  pursuant  to subdivision one of section
   17  three hundred eighty-one of this article, such time period to be  stated
   18  in  the  order,  and  any owner, builder, architect, tenant, contractor,
   19  subcontractor, construction superintendent or their agents or any  other
   20  person  taking part or assisting in the construction of any building who
   21  shall knowingly violate any of the applicable provisions of the  uniform
   22  code  or  any lawful order of a local government, a county or the secre-
   23  tary made thereunder regarding standards for construction,  maintenance,
   24  or  fire protection equipment and systems, shall be punishable by a fine
   25  of not more than one thousand dollars per day of violation, or imprison-
   26  ment not exceeding one year, or both.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14021-01-4
       A. 9123                             2
    1    3. ANY PERSON, HAVING BEEN SERVED, EITHER PERSONALLY OR BY  REGISTERED
    2  OR  CERTIFIED MAIL, WITH AN ORDER TO REMEDY A CONDITION THAT IS AN IMMI-
    3  NENT THREAT TO THE SAFETY AND WELFARE OF  THE  BUILDING'S  OCCUPANTS  AS
    4  DETERMINED  BY  THE LOCAL GOVERNMENT AND ITS AUTHORIZED AGENTS, FOUND TO
    5  EXIST  IN,  ON,  OR  ABOUT ANY BUILDING IN VIOLATION OF THE UNIFORM FIRE
    6  PREVENTION AND BUILDING CODE, WHO SHALL FAIL TO COMPLY WITH  SUCH  ORDER
    7  WITHIN  THE  TIME  FIXED BY THE REGULATIONS PROMULGATED BY THE SECRETARY
    8  PURSUANT TO SUBDIVISION ONE OF SECTION THREE HUNDRED EIGHTY-ONE OF  THIS
    9  ARTICLE,  SUCH  TIME  PERIOD  TO  BE STATED IN THE ORDER, AND ANY OWNER,
   10  BUILDER,  ARCHITECT,  TENANT,  CONTRACTOR,  SUBCONTRACTOR,  CONSTRUCTION
   11  SUPERINTENDENT  OR  THEIR  AGENTS  OR  ANY  OTHER  PERSON TAKING PART OR
   12  ASSISTING IN THE  CONSTRUCTION  OF  ANY  BUILDING  WHO  SHALL  KNOWINGLY
   13  VIOLATE  ANY  OF  THE  APPLICABLE  PROVISIONS OF THE UNIFORM CODE OR ANY
   14  LAWFUL ORDER OF A LOCAL GOVERNMENT, A COUNTY OR THE SECRETARY MADE THER-
   15  EUNDER  REGARDING  STANDARDS  FOR  CONSTRUCTION,  MAINTENANCE,  OR  FIRE
   16  PROTECTION  EQUIPMENT  AND  SYSTEMS, SHALL BE PUNISHABLE BY A FINE OF NO
   17  LESS THAN ONE THOUSAND DOLLARS AND NO MORE THAN  FIVE  THOUSAND  DOLLARS
   18  PER  DAY  OF  VIOLATION OR IMPRISONMENT NOT EXCEEDING ONE YEAR, OR BOTH,
   19  FOR THE FIRST OCCURRENCE OF A VIOLATION FOR ANY BUILDING OWNED  BY  SUCH
   20  PERSON.  A  PERSON'S  SECOND  VIOLATION RELATED TO ANY PROPERTY OWNED BY
   21  SUCH PERSON FOR A CONDITION THAT IS DEEMED AN  IMMINENT  THREAT  TO  THE
   22  SAFETY AND WELFARE OF THE BUILDING'S OCCUPANTS, SHALL BE PUNISHABLE BY A
   23  FINE  NO  LESS  THAN FIVE THOUSAND DOLLARS AND NO MORE THAN TEN THOUSAND
   24  DOLLARS PER DAY OF VIOLATION OR IMPRISONMENT NOT EXCEEDING ONE YEAR,  OR
   25  BOTH.  A  PERSON'S THIRD VIOLATION RELATED TO ANY PROPERTY OWNED BY SUCH
   26  PERSON FOR A CONDITION THAT IS DEEMED AN IMMINENT THREAT TO  THE  SAFETY
   27  AND  WELFARE  OF THE BUILDING'S OCCUPANTS, SHALL BE PUNISHABLE BY A FINE
   28  NO LESS THAN TEN THOUSAND DOLLARS PER DAY OF VIOLATION  OR  IMPRISONMENT
   29  NOT EXCEEDING ONE YEAR, OR BOTH.
   30    4.  Where the construction or use of a building is in violation of any
   31  provision of the uniform code or any lawful order obtained thereunder, a
   32  justice of the supreme court at a special term in the judicial  district
   33  in  which the building is located, may order the removal of the building
   34  or an abatement of the condition in violation  of  such  provisions.  An
   35  application for such relief may be made by the secretary, an appropriate
   36  municipal officer, or any other person aggrieved by the violation.
   37    S  2. This act shall take effect on the first of January next succeed-
   38  ing the date on which it shall have become a law.
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