Bill Text: NY S00901 | 2013-2014 | General Assembly | Amended

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Bill Title: Relates to the criminal enforcement of violations of the state's uniform fire prevention and building code.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-02-26 - PRINT NUMBER 901A [S00901 Detail]

Download: New_York-2013-S00901-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        901--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Housing, Construction  and
         Community  Development  --  recommitted  to  the Committee on Housing,
         Construction and Community Development in accordance with Senate  Rule
         6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       AN ACT to amend the executive law, in relation to the criminal  enforce-
         ment of violations of the state's 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. Subdivision 2 of section  382  of  the  executive  law,  as
    2  amended  by  chapter  135  of  the  laws  of 1997, is amended to read as
    3  follows:
    4    2. (A). Any person, having been served, either personally or by regis-
    5  tered or certified mail, with an order to remedy any condition found  to
    6  exist  in,  on,  or  about any building in violation of the uniform fire
    7  prevention and building code, who shall fail to comply with  such  order
    8  within  the  time  fixed by the regulations promulgated by the secretary
    9  pursuant to subdivision one of section three hundred eighty-one of  this
   10  article,  such  time  period  to  be stated in the order, and any owner,
   11  builder,  architect,  tenant,  contractor,  subcontractor,  construction
   12  superintendent  or  their  agents  or  any  other  person taking part or
   13  assisting in the  construction  of  any  building  who  shall  knowingly
   14  violate  any  of  the  applicable  provisions of the uniform code or any
   15  lawful order of a local government, a county or the secretary made ther-
   16  eunder  regarding  standards  for  construction,  maintenance,  or  fire
   17  protection  equipment  and systems, shall be punishable by a fine of not
   18  more than one thousand dollars per day of violation, or imprisonment not
   19  exceeding one year, or both.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03347-03-4
       S. 901--A                           2
    1    (B) ANY PERSON, LIMITED LIABILITY COMPANY, LIMITED LIABILITY  PARTNER-
    2  SHIP,  OR  CORPORATION  OWNING,  IN CONTROL OF, AGENT FOR, TENANT OF, OR
    3  OTHERWISE RESPONSIBLE FOR A PROPERTY OR BUILDING,  HAVING  BEEN  SERVED,
    4  EITHER  PERSONALLY  OR  PURSUANT  TO  SUBDIVISION  FOUR OF SECTION THREE
    5  HUNDRED  EIGHT  OF  THE  CIVIL  PRACTICE LAW AND RULES, WITH AN ORDER TO
    6  REMEDY AN IMMINENT LIFE SAFETY VIOLATION REQUIRING IMMEDIATE CURE, WHICH
    7  IS FOUND TO EXIST IN, ON, OR ABOUT THE PROPERTY OR ANY BUILDING  ON  THE
    8  PROPERTY  IN VIOLATION OF THE UNIFORM FIRE PREVENTION AND BUILDING CODE,
    9  WHO FAILS TO COMPLY WITH SUCH ORDER IMMEDIATELY MAY BE ORDERED TO VACATE
   10  THE PREMISES UNTIL SUCH IMMINENT LIFE SAFETY VIOLATION  IS  RESOLVED  OR
   11  ANY OWNER, BUILDER, PROPERTY MANAGER, PROPERTY AGENT, ARCHITECT, TENANT,
   12  CONTRACTOR,  SUBCONTRACTOR,  CONSTRUCTION SUPERINTENDENT OR THEIR AGENTS
   13  OR ANY OTHER PERSON, LIMITED LIABILITY COMPANY, LIMITED LIABILITY  PART-
   14  NERSHIP,  OR  CORPORATION  PARTICIPATING  OR  ASSISTING  IN  EITHER  THE
   15  CONSTRUCTION OF ANY BUILDING OR THE MAINTENANCE, CONTROL,  OR  OVERSIGHT
   16  OF  A PROPERTY OR BUILDING WHO SHALL KNOWINGLY VIOLATE ANY OF THE APPLI-
   17  CABLE PROVISIONS OF THE UNIFORM CODE OR ANY  LAWFUL  ORDER  OF  A  LOCAL
   18  GOVERNMENT,  A  COUNTY OR THE SECRETARY MADE THEREUNDER REGARDING STAND-
   19  ARDS FOR CONSTRUCTION, MAINTENANCE, OR FIRE PROTECTION, IS GUILTY  OF  A
   20  MISDEMEANOR,  PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS
   21  PER DAY OF VIOLATION, OR IMPRISONMENT NOT EXCEEDING ONE YEAR,  OR  BOTH.
   22  THE COUNCIL SHALL PROMULGATE RULES AND REGULATIONS IT DEEMS NECESSARY TO
   23  CARRY INTO EFFECT THE PROVISION OF THIS SUBDIVISION.
   24    S 2. This act shall take effect on the first of November next succeed-
   25  ing the date on which it shall have become a law.