Bill Text: NY A10437 | 2021-2022 | General Assembly | Introduced
Bill Title: Ensures proper administration and enforcement of the uniform fire prevention and building code and the state energy conservation construction code; provides additional definitions; provides remedies for violations of the code; makes conforming technical changes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-20 - referred to governmental operations [A10437 Detail]
Download: New_York-2021-A10437-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10437 IN ASSEMBLY May 20, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Zebrowski) -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to ensuring proper admin- istration and enforcement of the uniform fire prevention and building code and the state energy conservation construction code; and to amend the energy law, in relation to making conforming technical changes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 372 of the executive law, as amended by chapter 309 2 of the laws of 1996, subdivision 3 as amended by chapter 159 of the laws 3 of 2007 and subdivision 19 as added by chapter 119 of the laws of 2001, 4 is amended to read as follows: 5 § 372. Definitions. As used in this article, the following terms shall 6 have the meaning ascribed to them, unless the context otherwise 7 requires: 8 1. "Administrator" means the state fire administrator established 9 pursuant to article six-C of this chapter. 10 2. "Applicable code enforcement program" means the program established 11 by a local government or county pursuant to the regulations promulgated 12 pursuant to subdivision one of section three hundred eighty-one of this 13 article, or, where so provided in subdivision two of section three 14 hundred eighty-one of this article, the secretary's code enforcement 15 program, or, where so provided in subdivision seven of section three 16 hundred eighty-one of this article the default code enforcement program. 17 3. "Areas of public assembly" means all buildings or portions of 18 buildings used for gathering together fifty or more persons for amuse- 19 ment, athletic, civic, dining, educational, entertainment, patriotic, 20 political, recreational, religious, social, or similar purposes, the 21 entire fire area of which they are a part, and the means of egress ther- 22 efrom. 23 [3.] 4. "Building" means a combination of any materials, whether port- 24 able or fixed, having a roof, to form a structure affording shelter for 25 persons, animals or property. The word "building" shall be construed 26 when used herein as though followed by the words "or part or parts ther- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14997-02-2A. 10437 2 1 eof" unless the context clearly requires a different meaning. The term 2 "building" shall also mean "factory manufactured home" and "mobile 3 home". The term "building" shall not include a "temporary greenhouse". 4 [4.] 5. "Construction" means the construction, reconstruction, alter- 5 ation, conversion, repair, installation of equipment or use of build- 6 ings, and requirements or standards relating to or affecting materials 7 used in connection therewith, including provisions for safety and sani- 8 tary conditions. 9 [5.] 6. "Council" means the state fire prevention and building code 10 council created by this article. 11 [6.] 7. "Default code enforcement program" means the code enforcement 12 program established by the rules and regulations promulgated pursuant to 13 subdivision seven of section three hundred eighty-one of this article. 14 8. "Department" means the department of state. 15 [7.] 9. "Equipment" means plumbing, heating, electrical, ventilating, 16 air conditioning, refrigerating equipment, elevators, dumb waiters, 17 escalators and other mechanical additions or installations. 18 [8.] 10. "Factory manufactured home" means a structure designed prima- 19 rily for residential occupancy constructed by a method or system of 20 construction whereby the structure or its components are wholly or in 21 substantial part manufactured in manufacturing facilities, intended or 22 designed for permanent installation, or assembly and permanent installa- 23 tion, on a building site. 24 [9.] 11. "Fire area" means the floor area of a story of a building 25 within exterior walls, party walls, fire walls, or any combination ther- 26 eof. 27 [10.] 12. "Fire protection equipment and systems" means apparatus, 28 assemblies, or systems, either portable or fixed, for use to detect, 29 prevent, control, or extinguish fire. 30 [11.] 13. "Local government" means a village, town (outside the area 31 of any incorporated village) or city. 32 [12.] 14. "Means of egress" means a continuous unobstructed way of 33 exit from any point in a building or structure to a public way. A means 34 of egress comprises the vertical and horizontal ways of travel and 35 includes intervening room spaces, doorways, hallways, corridors, 36 passageways, balconies, ramps, stairs, enclosures, lobbies, escalators, 37 horizontal exits, courts, and yards. 38 [13.] 15. "Mobile home" means a moveable or portable unit designed and 39 constructed to be towed on its own chassis, comprised of frame and 40 wheels, connected to utilities, and designed and constructed without a 41 permanent foundation for year-round living. A unit may contain parts 42 that may be folded, collapsed or telescoped when being towed and 43 expanded later to provide additional cubic capacity as well as two or 44 more separately towable components designed to be joined into one inte- 45 gral unit capable of being again separated into the components for 46 repeated towing. "Mobile home" shall mean units designed to be used 47 exclusively for residential purposes, excluding travel trailers. 48 [14.] 16. "Office" means the office of fire prevention and control 49 created pursuant to article six-C of this chapter. 50 [15.] 17. "Permit or certificate of occupancy provision" shall mean 51 any provision in the applicable code enforcement program that: (a) 52 prohibits performance of any work that must conform with the uniform 53 code and/or state energy code unless a building permit, construction 54 permit, demolition permit, or similar permit has been issued, has not 55 been suspended or revoked, and has not expired; (b) prohibits the 56 continuation of work after a stop work order has been issued; (c)A. 10437 3 1 prohibits the conduct of any activity or the use of any category of 2 building specified in the rules and regulations promulgated pursuant to 3 subdivision one of section three hundred eighty-one of this article 4 unless an operating permit has been issued, has not been suspended or 5 revoked, and has not expired; or (d) prohibits the use or occupancy of a 6 building or the change of any use or occupancy of a building unless a 7 certificate of occupancy, certificate or completion, or similar certif- 8 icate has been issued, has not been suspended or revoked, and has not 9 expired. 10 18. "Required features" means the features required by the rules and 11 regulations promulgated pursuant to subdivision one of section three 12 hundred eighty-one to be included in a code enforcement program. 13 19. "Secretary" means the secretary of state. 14 [16.] 20. "Secretary's code enforcement program" means those rules and 15 regulations promulgated pursuant to subdivision one of section three 16 hundred eighty-one of this article that are applicable in situations in 17 which the secretary administers and enforces the uniform code in the 18 place and stead of the local government or county. 19 21. "State agency" means any department, bureau, commission, board, 20 public authority or other agency of the state, including any public 21 benefit corporation any member of whose board is appointed by the gover- 22 nor. 23 [17.] 22. "Temporary greenhouse" means specialized agricultural equip- 24 ment having a framework covered with demountable polyurethane materials 25 or materials of polyurethane nature and lacking a permanent and contin- 26 uous foundation, which is specifically designed, constructed and used 27 for the culture and propagation of horticultural commodities. A "tempo- 28 rary greenhouse" may include, but is not limited to, the use of heating 29 devices, water and electrical utilities, and supporting poles embedded 30 in non-continuous concrete. In no instance will a temporary greenhouse 31 be used for the retail sale of any farm or non-farm products. 32 [18. "Uniform code" or "code" means the New York state uniform fire33prevention and building code promulgated pursuant to section three34hundred seventy-seven of this article.3519.] 23. "Truss type construction" means a fabricated structure of 36 wood or steel, made up of a series of members connected at their ends to 37 form a series of triangles to span a distance greater than would be 38 possible with any of the individual members on their own. 39 24. "Uniform code" or "code" means the New York state uniform fire 40 prevention and building code promulgated pursuant to section three 41 hundred seventy-seven of this article. 42 § 2. Subdivisions 2, 3, 4 and 5 of section 381 of the executive law, 43 subdivision 2 as amended by chapter 560 of the laws of 2010 and subdivi- 44 sions 3, 4 and 5 as added by chapter 707 of the laws of 1981, are 45 amended, subdivision 6 is renumbered subdivision 8 and two new subdivi- 46 sions 6 and 7 are added to read as follows: 47 2. Except as may be provided in regulations of the secretary pursuant 48 to subdivision one of this section, and subject to the provisions relat- 49 ing to cities with a population of over one million as set forth in 50 paragraph c of subdivision one of section three hundred eighty-three of 51 this article, every local government shall administer and enforce the 52 uniform fire prevention and building code and the state energy conserva- 53 tion construction code on and after the first day of January, nineteen 54 hundred eighty-four, provided, however, that a local government may 55 enact a local law prior to the first day of July in any year providing 56 that it will not enforce such codes on and after the first day of [Janu-A. 10437 4 1ary] April next succeeding. In such event the county in which said local 2 government is situated shall administer and enforce such codes within 3 such local government from and after the first day of [January] April 4 next succeeding the effective date of such local law, in accordance with 5 the provisions of paragraph b of subdivision five of this section unless 6 the county shall have previously enacted a local law providing that it 7 will not enforce such codes within that county. In such event the secre- 8 tary in the place and stead of the local government shall, directly or 9 by [contract] using the services of any contractors or other third-party 10 providers as the secretary may deem to be qualified, administer and 11 enforce the uniform code and the state energy conservation construction 12 code within such local government on and after the first day of April 13 next succeeding. A county that is responsible for administering and 14 enforcing such codes within a local government pursuant to the foregoing 15 provisions of this subdivision may enact a local law prior to the first 16 day of October in any year providing that it will not enforce such codes 17 within such local government on and after the first day of April next 18 succeeding. In such event, the secretary, in the place and stead of such 19 local government, shall, directly or by using the services of any 20 contractors or other third-party providers as the secretary may deem to 21 be qualified, administer and enforce such codes in such local government 22 from and after the first day of April next succeeding. A local govern- 23 ment that adopts a local law providing that it will not enforce such 24 codes on and after the first day of April next succeeding shall promptly 25 notify the county in which such local government is located and the 26 secretary of the adoption of such local law. A county that adopts a 27 local law providing that it will not enforce such codes on and after the 28 first day of April next succeeding shall promptly notify each local 29 government in which such county is administering and enforcing such 30 codes and the secretary of the adoption of such local law. A local 31 government or a county may repeal a local law which provides that it 32 will not enforce such codes and shall thereafter administer and enforce 33 such codes as provided above. Two or more local governments may provide 34 for joint administration and enforcement of the uniform code, the state 35 energy conservation construction code, or both, by agreement pursuant to 36 article five-G of the general municipal law. Any local government may 37 enter into agreement with the county in which such local government is 38 situated to administer and enforce the uniform code, the state energy 39 conservation construction code, or both, within such local government. 40 Local governments or counties that administer and enforce the uniform 41 code, the state energy conservation construction code, or both, may 42 charge and collect fees to defray the costs of administration and 43 enforcement. Where the secretary is responsible for administration and 44 enforcement of the uniform code and state energy conservation 45 construction code within a local government pursuant to this subdivision 46 or pursuant to paragraph e of subdivision four of this section, (a) the 47 secretary shall administer and enforce the codes in accordance with the 48 provisions of the secretary's code enforcement program; (b) such rules 49 and regulations shall be deemed to be the applicable code enforcement 50 program for the purposes of section three hundred eighty-two of this 51 article; and (c) the secretary may charge and collect fees to defray the 52 costs of administration and enforcement. 53 3. On and after the first day of July, nineteen hundred eighty-five, 54 the secretary shall have power to investigate [and conduct hearings55relative to] whether administration and enforcement of the uniform fire 56 prevention and building code and the state energy conservationA. 10437 5 1 construction code complies with the minimum standards promulgated pursu- 2 ant to subdivision one of this section. In connection with any such 3 investigation, the secretary shall have the power to issue subpoenas 4 compelling the testimony of witnesses, the production of documents, or 5 both, and the power, at the secretary's discretion, to conduct one or 6 more hearings. At least ten days written notice of any such hearing 7 shall be provided to the elective or appointive chief executive officer 8 or, if there be none, the chairman of the legislative body of the local 9 government or county whose administration and enforcement of the uniform 10 code and state energy conservation construction code is at issue. 11 4. If the secretary determines that a local government has failed to 12 administer and enforce the uniform fire prevention and building code 13 and/or the state energy conservation construction code in accordance 14 with the minimum standards promulgated pursuant to subdivision one of 15 this section, the secretary shall take any of the following actions, 16 either individually or in combination in any sequence: 17 a. The secretary may issue an order compelling compliance by such 18 local government with the minimum standards [for administration and19enforcement of the uniform code] promulgated pursuant to subdivision one 20 of this section. 21 b. The secretary may appoint and remove any person deemed qualified by 22 the secretary as an oversight officer, who shall have the power and 23 authority to do any of the following, at the discretion of the oversight 24 officer: 25 (i) observe, review records and report on compliance by such local 26 government with the minimum standards promulgated pursuant to subdivi- 27 sion one of this section; 28 (ii) direct all or any part of the code enforcement activities of the 29 local government's code enforcement personnel; and 30 (iii) take any other steps deemed by the oversight officer to be 31 necessary or appropriate to ensure that the uniform code and state ener- 32 gy conservation construction code are administered and enforced within 33 such local government in a due and proper manner and in compliance with 34 the minimum standards promulgated pursuant to subdivision one of this 35 section. Any person who is appointed as an oversight officer pursuant 36 to this paragraph shall be deemed to be a state officer under section 37 two of the public officers law. 38 c. The secretary may ask the attorney general to institute in the name 39 of the secretary an action or proceeding seeking appropriate legal or 40 equitable relief to require such local government to administer and 41 enforce the uniform code and state energy conservation construction code 42 in a due and proper manner and in compliance with the minimum standards 43 promulgated pursuant to subdivision one of this section, including but 44 not limited to requiring such local government to take specific remedial 45 actions, such as establishing and enforcing an effective code enforce- 46 ment program, conducting fire safety and property maintenance 47 inspections, increasing the frequency of fire safety and property main- 48 tenance inspections, and taking enforcement actions that are timely and 49 responsive to circumstances associated with the property in question 50 when violations are identified. 51 [c. the] d. The secretary may designate the county in which such local 52 government is located, or any other local government that adjoins or is 53 reasonably proximate to such local government, to administer and enforce 54 the uniform code and state energy conservation construction code in such 55 local government. Designation of an adjoining or reasonably proximate 56 local government shall be subject to the consent of the supervisor orA. 10437 6 1 mayor, as applicable, of such local government. In the case of such 2 designation, the provisions of subdivision five of this section shall 3 apply. 4 [d.] e. The secretary may, in the place and stead of the local govern- 5 ment, directly or by using the services of any contractors or other 6 third-party providers as the secretary may deem to be qualified, admin- 7 ister and enforce the uniform code and state energy conservation 8 construction code in such local government in accordance with the [mini-9mum standards promulgated pursuant to subdivision one of this section] 10 secretary's code enforcement program. In such event, the provisions of 11 subdivision five of this section shall apply. 12 f. The secretary may designate the county in which such local govern- 13 ment is located, any other local government that adjoins or is reason- 14 ably proximate to such local government, or the department of state to 15 perform within such local government such types and classes of code 16 enforcement activities, such as permit application review and approval, 17 construction inspections, and fire safety and property maintenance 18 inspections, as the secretary may specify. Designation of an adjoining 19 or reasonably proximate local government shall be subject to the consent 20 of the supervisor or mayor, as applicable, of such local government. In 21 the case of such designation, the provisions of subdivision six of this 22 section shall apply. 23 g. The secretary may order a local government to cease prosecution of 24 violations of the uniform code and order that such violations be prose- 25 cuted pursuant to section seven hundred of the county law. 26 5. Where the secretary has designated a county or adjoining or reason- 27 ably proximate local government to administer and enforce the uniform 28 fire prevention and building code and state energy conservation 29 construction code within a local government pursuant to paragraph d of 30 subdivision four of this section, or has assumed authority for adminis- 31 tration and enforcement of the uniform fire prevention and building code 32 and state energy conservation construction code within a local govern- 33 ment pursuant to [subdivision two or] paragraph [d] e of subdivision 34 four of this section: 35 a. [Such] The local government [or county government] that is not 36 administering or enforcing the uniform code and state energy conserva- 37 tion construction code in accordance with minimum standards shall not 38 administer and enforce the uniform code or state energy conservation 39 construction code, and shall not charge or collect fees for such admin- 40 istration and enforcement. 41 b. [Such] The designated county or local government or the secretary 42 shall administer and enforce the uniform code within [such] the local 43 government whose administration and enforcement of the uniform code and 44 state energy conservation construction code has not met the minimum 45 standards from and after the date of such designation or assumption. 46 Such administration and enforcement shall apply the minimum standards 47 promulgated by the secretary pursuant to subdivision one of this 48 section. Notwithstanding any other provisions of law, such designated 49 county or local government or the secretary shall have full power to 50 administer and enforce the uniform code [in accordance with such] and 51 state energy conservation construction code in the local government 52 whose administration and enforcement of the uniform code and state ener- 53 gy conservation construction code has not met the minimum standards, 54 including the power to charge and collect fees for such administration 55 and enforcement.A. 10437 7 1 c. The secretary shall designate the local government [or county2government] whose administration and enforcement of the uniform code and 3 state energy conservation construction code did not meet the minimum 4 standards to resume administration and enforcement of the uniform code 5 when the secretary is satisfied that such local government [or county] 6 will provide such administration and enforcement in compliance with the 7 minimum standards promulgated pursuant to subdivision one of this 8 section. 9 d. The provisions of subdivisions three and four of this section shall 10 apply to counties [which have been designated to administer and enforce11the uniform code in such local government] that are responsible for 12 administration and enforcement of the uniform code and state energy 13 conservation construction code within a local government pursuant to 14 subdivision two of this section, to counties that have been designated 15 to administer and enforce the uniform code and state energy conservation 16 construction code within a local government pursuant to paragraph d of 17 subdivision four of this section, and to local governments that have 18 been designated to administer and enforce the uniform code and state 19 energy conservation construction code within another local government 20 pursuant to paragraph d of subdivision four of this section. Where the 21 provisions of subdivisions three and four of this section are applicable 22 to a county, references in those subdivisions to a local government 23 whose administration and enforcement of the uniform code and state ener- 24 gy conservation construction code have been determined by the secretary 25 to have not met the minimum standards shall be construed as references 26 to such county. 27 6. Where the secretary has designated a county, another local govern- 28 ment, or the department to perform specified types and classes of code 29 enforcement activities within a local government pursuant to paragraph f 30 of subdivision four of this section: 31 a. The local government whose administration and enforcement of the 32 uniform code and state energy conservation construction code has not met 33 the minimum standards shall not perform the types and classes of code 34 enforcement activities specified in such designation and shall accept 35 performance of such types and classes of code enforcement activities by 36 the designee; 37 b. The local government whose administration and enforcement of the 38 uniform code and state energy conservation construction code has not met 39 the minimum standards shall reimburse the designee for any reasonable 40 costs and expenses incurred by the designee in performing the designated 41 types and classes of code enforcement activities; and 42 c. The secretary shall designate the local government whose adminis- 43 tration and enforcement of the uniform code and state energy conserva- 44 tion construction code has not met the minimum standards to resume 45 performance of the designated types and classes of code enforcement 46 activities when the secretary is satisfied that such local government 47 will perform such activities in a due and proper manner and will other- 48 wise provide administration and enforcement of the uniform code and 49 state energy conservation construction code in compliance with the mini- 50 mum standards promulgated pursuant to subdivision one of this section. 51 7. a. The secretary is authorized to promulgate, and to amend from 52 time to time, rules and regulations establishing a default code enforce- 53 ment program. Such default code enforcement program shall include 54 provisions establishing the required features and such other provisions 55 as the secretary may deem to be appropriate for inclusion in a code 56 enforcement program. Such default code enforcement program shall alsoA. 10437 8 1 establish fees to be charged by any local government or county that 2 administers and enforces the uniform code and/or energy code in accord- 3 ance with the provisions of the default code enforcement program. 4 b. Any local government or county responsible for administration and 5 enforcement of the uniform code and/or state energy code within a local 6 government that has not established its own code enforcement program 7 shall administer and enforce the uniform code and/or energy code in 8 accordance with the provisions of the default code enforcement program. 9 c. Any local government or county that administers and enforces the 10 uniform code and/or energy code in accordance with the provisions of the 11 default code enforcement program pursuant to paragraph b of this subdi- 12 vision shall, through its chief executive officer, have full power and 13 authority to designate the public officer or agency authorized to issue 14 an appearance ticket, and a public officer who, by virtue of office, 15 title or position, is authorized or required to enforce the provisions 16 of the uniform code and the state energy conservation construction code 17 and the provisions of the default code enforcement program as fully and 18 with the same force and effect as such local government or county would 19 have to enforce provisions established by a local law, ordinance, or 20 regulation enacted or adopted by such local government or county. The 21 designation authorized by this paragraph shall not take effect until it 22 has been filed with the department of state, and must be maintained on 23 the website of such local government or county unless and until such 24 local government or county passes a local law delegating the enforcement 25 authority referenced in this paragraph. 26 d. Where a local government or county is administering and enforcing 27 the uniform code and/or energy code in accordance with the provisions of 28 the default code enforcement program pursuant to paragraph b of this 29 subdivision, the default code enforcement program shall be deemed the 30 applicable code enforcement program for the purposes of section three 31 hundred eighty-two of this article. 32 § 3. Section 382 of the executive law, as added by chapter 707 of the 33 laws of 1981, subdivision 2 as amended by chapter 571 of the laws of 34 2021, subdivision 3 as amended by chapter 507 of the laws of 2021 and 35 subdivision 4 as amended by chapter 47 of the laws of 2021, is amended 36 to read as follows: 37 § 382. Remedies. 1. In addition to and not in limitation of any power 38 otherwise granted by law, every local government and its authorized 39 agents shall have the power to order in writing the remedying of any 40 condition found to exist in, on or about any building in violation of 41 the uniform fire prevention and building code and to issue appearance 42 tickets for violations of the uniform code. 43 2. Failure to comply with the uniform fire prevention and building 44 code, permit or certificate of occupancy provision of the code enforce- 45 ment program, or order. Any person or entity, having been served, either 46 personally or by registered or certified mail, with an order to remedy 47 any condition found to exist in, on, or about any building in violation 48 of the uniform fire prevention and building code, who shall fail to 49 comply with such order within the time fixed by the regulations promul- 50 gated by the secretary pursuant to subdivision one of section three 51 hundred eighty-one of this article, such time period to be stated in the 52 order, and any owner, builder, architect, tenant, contractor, subcon- 53 tractor, construction superintendent or their agents or any other person 54 taking part or assisting in the construction of any building who shall 55 knowingly violate (i) any of the applicable provisions of the uniform 56 code, (ii) any permit or certificate of occupancy provision of theA. 10437 9 1 applicable code enforcement program, or (iii) any lawful order of a 2 local government, a county or the secretary made [thereunder] under the 3 uniform code or under the applicable code enforcement program regarding 4 standards for construction, maintenance, or fire protection equipment 5 and systems, shall be guilty of an unclassified misdemeanor. Such 6 offense shall be punishable by a fine of not more than one thousand 7 dollars per day of violation, or imprisonment not exceeding one year, or 8 both for the first one hundred eighty days, and for the following one 9 hundred eighty days shall be punishable by a fine of no less than twen- 10 ty-five dollars and not more than one thousand dollars per day of 11 violation or imprisonment not exceeding one year, or both and thereafter 12 shall be punishable by a fine of no less than fifty dollars and not more 13 than one thousand dollars per day of violation or imprisonment not 14 exceeding one year, or both. 15 3. Where the construction or use of a building is in violation of (i) 16 any provision of the uniform code [or any lawful order obtained there-17under], (ii) any permit or certificate of occupancy provision of the 18 applicable code enforcement program, or (iii) any provision of any 19 lawful order made under this article, under the uniform code, or under 20 the applicable code enforcement program, a justice of the supreme court, 21 New York city civil court, a city court, district court or county court 22 may order the removal of the building or an abatement of the condition 23 in violation of such provisions. Where a person or entity, having been 24 served with any lawful order made under this article, under the uniform 25 code, or under the applicable code enforcement program, shall fail to 26 comply with such order, a justice of the supreme court, New York city 27 civil court, a city court, district court or county court may order 28 compliance with such order. An application for such relief may be made 29 by the secretary, an appropriate municipal officer, or any other person 30 aggrieved by the violation. 31 4. In addition to any other applicable remedy or penalty, where a 32 building has been altered in violation of any provision of the uniform 33 code or any lawful order obtained [thereunder] under this article, under 34 the uniform code, or under the applicable code enforcement program, and 35 such alteration impedes a person's egress from such building during a 36 fire or other emergency evacuation, the owner of such building, and any 37 builder, architect, contractor, subcontractor or construction super- 38 intendent, or agent thereof who has knowledge of such alteration, or 39 owner who reasonably should have had knowledge of such alteration based 40 on either an inspection or repair of a leased premises with consent from 41 the tenant, shall be subject to a civil penalty of up to seven thousand 42 five hundred dollars. 43 5. (a) Notwithstanding any other provision of law, all fines imposed 44 and collected for any violation of this section shall be paid at least 45 monthly into the treasury of the local government in which such 46 violation occurred, unless: (i) the county is administering and enforc- 47 ing the uniform fire prevention and building code and state energy 48 conservation construction code in such local government as provided by 49 subdivision two or four of section three hundred eighty-one of this 50 article, in which case such fines and penalties collected in cases aris- 51 ing out of the violation of this section shall be paid at least monthly 52 into the treasury of the county, (ii) an adjoining or reasonably proxi- 53 mate local government is administering and enforcing the uniform fire 54 prevention and building code and state energy conservation construction 55 code in such local government as provided by subdivision four of section 56 three hundred eighty-one of this article, in which case such fines andA. 10437 10 1 penalties collected in cases arising out of the violation of this 2 section shall be paid at least monthly into the treasury of such adjoin- 3 ing or reasonably proximate local government, or (iii) the secretary is 4 administering and enforcing the uniform fire prevention and building 5 code and state energy conservation construction code in such local 6 government as provided by subdivision two or four of section three 7 hundred eighty-one of this article, in which case such fines and penal- 8 ties collected in cases arising out of the violation of this section 9 shall be paid at least monthly into the general fund established by 10 section seventy-two of the state finance law. Where two or more local 11 governments have provided for joint administration and enforcement of 12 the uniform code, the state energy conservation construction code, or 13 both, by agreement pursuant to article five-G of the general municipal 14 law, such local governments may provide in such agreement for a differ- 15 ent distribution of such fines. 16 (b) The civil penalties provided in subdivision four of this section 17 may be recovered in an appropriate action or proceeding commenced by the 18 local government, county, or state agency responsible for administration 19 and enforcement of the uniform code with respect to the building that 20 was altered in violation of any provision of the uniform code or any 21 lawful order obtained under this article, under the uniform code, or 22 under the applicable code enforcement program, and shall be payable to 23 the treasury of such local government, the treasury of such county, or 24 the general fund of the state of New York, as applicable. 25 § 4. Subdivision 14 of section 11-102 of the energy law, as amended by 26 chapter 560 of the laws of 2010, is amended to read as follows: 27 14. "Residential building." Any building which is designed or is to be 28 used primarily as a dwelling or household as defined by the state fire 29 prevention and building code council, including any factory manufactured 30 home as defined in subdivision [eight] ten of section three hundred 31 seventy-two of the executive law and any mobile home as defined in 32 subdivision [thirteen] fifteen of section three hundred seventy-two of 33 the executive law. 34 § 5. This act shall take effect immediately.
