Bill Text: NY S03372 | 2023-2024 | 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 2-0)
Status: (Introduced) 2024-02-12 - REPORTED AND COMMITTED TO FINANCE [S03372 Detail]
Download: New_York-2023-S03372-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3372 2023-2024 Regular Sessions IN SENATE January 31, 2023 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04713-01-3S. 3372 2 1 [3.] 4. "Building" means a combination of any materials, whether port- 2 able or fixed, having a roof, to form a structure affording shelter for 3 persons, animals or property. The word "building" shall be construed 4 when used herein as though followed by the words "or part or parts ther- 5 eof" unless the context clearly requires a different meaning. The term 6 "building" shall also mean "factory manufactured home" and "mobile 7 home". The term "building" shall not include a "temporary greenhouse". 8 [4.] 5. "Construction" means the construction, reconstruction, alter- 9 ation, conversion, repair, installation of equipment or use of build- 10 ings, and requirements or standards relating to or affecting materials 11 used in connection therewith, including provisions for safety and sani- 12 tary conditions. 13 [5.] 6. "Council" means the state fire prevention and building code 14 council created by this article. 15 [6.] 7. "Default code enforcement program" means the code enforcement 16 program established by the rules and regulations promulgated pursuant to 17 subdivision seven of section three hundred eighty-one of this article. 18 8. "Department" means the department of state. 19 [7.] 9. "Equipment" means plumbing, heating, electrical, ventilating, 20 air conditioning, refrigerating equipment, elevators, dumb waiters, 21 escalators and other mechanical additions or installations. 22 [8.] 10. "Factory manufactured home" means a structure designed prima- 23 rily for residential occupancy constructed by a method or system of 24 construction whereby the structure or its components are wholly or in 25 substantial part manufactured in manufacturing facilities, intended or 26 designed for permanent installation, or assembly and permanent installa- 27 tion, on a building site. 28 [9.] 11. "Fire area" means the floor area of a story of a building 29 within exterior walls, party walls, fire walls, or any combination ther- 30 eof. 31 [10.] 12. "Fire protection equipment and systems" means apparatus, 32 assemblies, or systems, either portable or fixed, for use to detect, 33 prevent, control, or extinguish fire. 34 [11.] 13. "Local government" means a village, town (outside the area 35 of any incorporated village) or city. 36 [12.] 14. "Means of egress" means a continuous unobstructed way of 37 exit from any point in a building or structure to a public way. A means 38 of egress comprises the vertical and horizontal ways of travel and 39 includes intervening room spaces, doorways, hallways, corridors, 40 passageways, balconies, ramps, stairs, enclosures, lobbies, escalators, 41 horizontal exits, courts, and yards. 42 [13.] 15. "Mobile home" means a moveable or portable unit designed and 43 constructed to be towed on its own chassis, comprised of frame and 44 wheels, connected to utilities, and designed and constructed without a 45 permanent foundation for year-round living. A unit may contain parts 46 that may be folded, collapsed or telescoped when being towed and 47 expanded later to provide additional cubic capacity as well as two or 48 more separately towable components designed to be joined into one inte- 49 gral unit capable of being again separated into the components for 50 repeated towing. "Mobile home" shall mean units designed to be used 51 exclusively for residential purposes, excluding travel trailers. 52 [14.] 16. "Office" means the office of fire prevention and control 53 created pursuant to article six-C of this chapter. 54 [15.] 17. "Permit or certificate of occupancy provision" shall mean 55 any provision in the applicable code enforcement program that: (a) 56 prohibits performance of any work that must conform with the uniformS. 3372 3 1 code and/or state energy code unless a building permit, construction 2 permit, demolition permit, or similar permit has been issued, has not 3 been suspended or revoked, and has not expired; (b) prohibits the 4 continuation of work after a stop work order has been issued; (c) 5 prohibits the conduct of any activity or the use of any category of 6 building specified in the rules and regulations promulgated pursuant to 7 subdivision one of section three hundred eighty-one of this article 8 unless an operating permit has been issued, has not been suspended or 9 revoked, and has not expired; or (d) prohibits the use or occupancy of a 10 building or the change of any use or occupancy of a building unless a 11 certificate of occupancy, certificate of completion, or similar certif- 12 icate has been issued, has not been suspended or revoked, and has not 13 expired. 14 18. "Required features" means the features required by the rules and 15 regulations promulgated pursuant to subdivision one of section three 16 hundred eighty-one to be included in a code enforcement program. 17 19. "Secretary" means the secretary of state. 18 [16.] 20. "Secretary's code enforcement program" means those rules and 19 regulations promulgated pursuant to subdivision one of section three 20 hundred eighty-one of this article that are applicable in situations in 21 which the secretary administers and enforces the uniform code in the 22 place and stead of the local government or county. 23 21. "State agency" means any department, bureau, commission, board, 24 public authority or other agency of the state, including any public 25 benefit corporation any member of whose board is appointed by the gover- 26 nor. 27 [17.] 22. "Temporary greenhouse" means specialized agricultural equip- 28 ment having a framework covered with demountable polyurethane materials 29 or materials of polyurethane nature and lacking a permanent and contin- 30 uous foundation, which is specifically designed, constructed and used 31 for the culture and propagation of horticultural commodities. A "tempo- 32 rary greenhouse" may include, but is not limited to, the use of heating 33 devices, water and electrical utilities, and supporting poles embedded 34 in non-continuous concrete. In no instance will a temporary greenhouse 35 be used for the retail sale of any farm or non-farm products. 36 [18. "Uniform code" or "code" means the New York state uniform fire37prevention and building code promulgated pursuant to section three38hundred seventy-seven of this article.3919.] 23. "Truss type construction" means a fabricated structure of 40 wood or steel, made up of a series of members connected at their ends to 41 form a series of triangles to span a distance greater than would be 42 possible with any of the individual members on their own. 43 24. "Uniform code" or "code" means the New York state uniform fire 44 prevention and building code promulgated pursuant to section three 45 hundred seventy-seven of this article. 46 § 2. Subdivisions 2, 3, 4 and 5 of section 381 of the executive law, 47 subdivision 2 as amended by chapter 560 of the laws of 2010 and subdivi- 48 sions 3, 4 and 5 as added by chapter 707 of the laws of 1981, are 49 amended, subdivision 6 is renumbered subdivision 8 and two new subdivi- 50 sions 6 and 7 are added to read as follows: 51 2. Except as may be provided in regulations of the secretary pursuant 52 to subdivision one of this section, and subject to the provisions relat- 53 ing to cities with a population of over one million as set forth in 54 paragraph c of subdivision one of section three hundred eighty-three of 55 this article, every local government shall administer and enforce the 56 uniform fire prevention and building code and the state energy conserva-S. 3372 4 1 tion construction code on and after the first day of January, nineteen 2 hundred eighty-four, provided, however, that a local government may 3 enact a local law prior to the first day of July in any year providing 4 that it will not enforce such codes on and after the first day of [Janu-5ary] April next succeeding. In such event the county in which said local 6 government is situated shall administer and enforce such codes within 7 such local government from and after the first day of [January] April 8 next succeeding the effective date of such local law, in accordance with 9 the provisions of paragraph b of subdivision five of this section unless 10 the county shall have previously enacted a local law providing that it 11 will not enforce such codes within that county. In such event the secre- 12 tary in the place and stead of the local government shall, directly or 13 by [contract] using the services of any contractors or other third-party 14 providers as the secretary may deem to be qualified, administer and 15 enforce the uniform code and the state energy conservation construction 16 code within such local government on and after the first day of April 17 next succeeding. A county that is responsible for administering and 18 enforcing such codes within a local government pursuant to the foregoing 19 provisions of this subdivision may enact a local law prior to the first 20 day of October in any year providing that it will not enforce such codes 21 within such local government on and after the first day of April next 22 succeeding. In such event, the secretary, in the place and stead of such 23 local government, shall, directly or by using the services of any 24 contractors or other third-party providers as the secretary may deem to 25 be qualified, administer and enforce such codes in such local government 26 from and after the first day of April next succeeding. A local govern- 27 ment that adopts a local law providing that it will not enforce such 28 codes on and after the first day of April next succeeding shall promptly 29 notify the county in which such local government is located and the 30 secretary of the adoption of such local law. A county that adopts a 31 local law providing that it will not enforce such codes on and after the 32 first day of April next succeeding shall promptly notify each local 33 government in which such county is administering and enforcing such 34 codes and the secretary of the adoption of such local law. A local 35 government or a county may repeal a local law which provides that it 36 will not enforce such codes and shall thereafter administer and enforce 37 such codes as provided above. Two or more local governments may provide 38 for joint administration and enforcement of the uniform code, the state 39 energy conservation construction code, or both, by agreement pursuant to 40 article five-G of the general municipal law. Any local government may 41 enter into agreement with the county in which such local government is 42 situated to administer and enforce the uniform code, the state energy 43 conservation construction code, or both, within such local government. 44 Local governments or counties that administer and enforce the uniform 45 code, the state energy conservation construction code, or both, may 46 charge and collect fees to defray the costs of administration and 47 enforcement. Where the secretary is responsible for administration and 48 enforcement of the uniform code and state energy conservation 49 construction code within a local government pursuant to this subdivision 50 or pursuant to paragraph e of subdivision four of this section, (a) the 51 secretary shall administer and enforce the codes in accordance with the 52 provisions of the secretary's code enforcement program; (b) such rules 53 and regulations shall be deemed to be the applicable code enforcement 54 program for the purposes of section three hundred eighty-two of this 55 article; and (c) the secretary may charge and collect fees to defray the 56 costs of administration and enforcement.S. 3372 5 1 3. On and after the first day of July, nineteen hundred eighty-five, 2 the secretary shall have power to investigate [and conduct hearings3relative to] whether administration and enforcement of the uniform fire 4 prevention and building code and the state energy conservation 5 construction code complies with the minimum standards promulgated pursu- 6 ant to subdivision one of this section. In connection with any such 7 investigation, the secretary shall have the power to issue subpoenas 8 compelling the testimony of witnesses, the production of documents, or 9 both, and the power, at the secretary's discretion, to conduct one or 10 more hearings. At least ten days written notice of any such hearing 11 shall be provided to the elective or appointive chief executive officer 12 or, if there be none, the chairman of the legislative body of the local 13 government or county whose administration and enforcement of the uniform 14 code and state energy conservation construction code is at issue. 15 4. If the secretary determines that a local government has failed to 16 administer and enforce the uniform fire prevention and building code 17 and/or the state energy conservation construction code in accordance 18 with the minimum standards promulgated pursuant to subdivision one of 19 this section, the secretary shall take any of the following actions, 20 either individually or in combination in any sequence: 21 a. The secretary may issue an order compelling compliance by such 22 local government with the minimum standards [for administration and23enforcement of the uniform code] promulgated pursuant to subdivision one 24 of this section. 25 b. The secretary may appoint and remove any person deemed qualified by 26 the secretary as an oversight officer, who shall have the power and 27 authority to do any of the following, at the discretion of the oversight 28 officer: 29 (i) observe, review records and report on compliance by such local 30 government with the minimum standards promulgated pursuant to subdivi- 31 sion one of this section; 32 (ii) direct all or any part of the code enforcement activities of the 33 local government's code enforcement personnel; and 34 (iii) take any other steps deemed by the oversight officer to be 35 necessary or appropriate to ensure that the uniform code and state ener- 36 gy conservation construction code are administered and enforced within 37 such local government in a due and proper manner and in compliance with 38 the minimum standards promulgated pursuant to subdivision one of this 39 section. Any person who is appointed as an oversight officer pursuant 40 to this paragraph shall be deemed to be a state officer under section 41 two of the public officers law. 42 c. The secretary may ask the attorney general to institute in the name 43 of the secretary an action or proceeding seeking appropriate legal or 44 equitable relief to require such local government to administer and 45 enforce the uniform code and state energy conservation construction code 46 in a due and proper manner and in compliance with the minimum standards 47 promulgated pursuant to subdivision one of this section, including but 48 not limited to requiring such local government to take specific remedial 49 actions, such as establishing and enforcing an effective code enforce- 50 ment program, conducting fire safety and property maintenance 51 inspections, increasing the frequency of fire safety and property main- 52 tenance inspections, and taking enforcement actions that are timely and 53 responsive to circumstances associated with the property in question 54 when violations are identified. 55 [c. the] d. The secretary may designate the county in which such local 56 government is located, or any other local government that adjoins or isS. 3372 6 1 reasonably proximate to such local government, to administer and enforce 2 the uniform code and state energy conservation construction code in such 3 local government. Designation of an adjoining or reasonably proximate 4 local government shall be subject to the consent of the supervisor or 5 mayor, as applicable, of such local government. In the case of such 6 designation, the provisions of subdivision five of this section shall 7 apply. 8 [d.] e. The secretary may, in the place and stead of the local govern- 9 ment, directly or by using the services of any contractors or other 10 third-party providers as the secretary may deem to be qualified, admin- 11 ister and enforce the uniform code and state energy conservation 12 construction code in such local government in accordance with the [mini-13mum standards promulgated pursuant to subdivision one of this section] 14 secretary's code enforcement program. In such event, the provisions of 15 subdivision five of this section shall apply. 16 f. The secretary may designate the county in which such local govern- 17 ment is located, any other local government that adjoins or is reason- 18 ably proximate to such local government, or the department of state to 19 perform within such local government such types and classes of code 20 enforcement activities, such as permit application review and approval, 21 construction inspections, and fire safety and property maintenance 22 inspections, as the secretary may specify. Designation of an adjoining 23 or reasonably proximate local government shall be subject to the consent 24 of the supervisor or mayor, as applicable, of such local government. In 25 the case of such designation, the provisions of subdivision six of this 26 section shall apply. 27 g. The secretary may order a local government to cease prosecution of 28 violations of the uniform code and order that such violations be prose- 29 cuted pursuant to section seven hundred of the county law. 30 5. Where the secretary has designated a county or adjoining or reason- 31 ably proximate local government to administer and enforce the uniform 32 fire prevention and building code and state energy conservation 33 construction code within a local government pursuant to paragraph d of 34 subdivision four of this section, or has assumed authority for adminis- 35 tration and enforcement of the uniform fire prevention and building code 36 and state energy conservation construction code within a local govern- 37 ment pursuant to [subdivision two or] paragraph [d] e of subdivision 38 four of this section: 39 a. [Such] The local government [or county government] that is not 40 administering or enforcing the uniform code and state energy conserva- 41 tion construction code in accordance with minimum standards shall not 42 administer and enforce the uniform code or state energy conservation 43 construction code, and shall not charge or collect fees for such admin- 44 istration and enforcement. 45 b. [Such] The designated county or local government or the secretary 46 shall administer and enforce the uniform code within [such] the local 47 government whose administration and enforcement of the uniform code and 48 state energy conservation construction code has not met the minimum 49 standards from and after the date of such designation or assumption. 50 Such administration and enforcement shall apply the minimum standards 51 promulgated by the secretary pursuant to subdivision one of this 52 section. Notwithstanding any other provisions of law, such designated 53 county or local government or the secretary shall have full power to 54 administer and enforce the uniform code [in accordance with such] and 55 state energy conservation construction code in the local government 56 whose administration and enforcement of the uniform code and state ener-S. 3372 7 1 gy conservation construction code has not met the minimum standards, 2 including the power to charge and collect fees for such administration 3 and enforcement. 4 c. The secretary shall designate the local government [or county5government] whose administration and enforcement of the uniform code and 6 state energy conservation construction code did not meet the minimum 7 standards to resume administration and enforcement of the uniform code 8 when the secretary is satisfied that such local government [or county] 9 will provide such administration and enforcement in compliance with the 10 minimum standards promulgated pursuant to subdivision one of this 11 section. 12 d. The provisions of subdivisions three and four of this section shall 13 apply to counties [which have been designated to administer and enforce14the uniform code in such local government] that are responsible for 15 administration and enforcement of the uniform code and state energy 16 conservation construction code within a local government pursuant to 17 subdivision two of this section, to counties that have been designated 18 to administer and enforce the uniform code and state energy conservation 19 construction code within a local government pursuant to paragraph d of 20 subdivision four of this section, and to local governments that have 21 been designated to administer and enforce the uniform code and state 22 energy conservation construction code within another local government 23 pursuant to paragraph d of subdivision four of this section. Where the 24 provisions of subdivisions three and four of this section are applicable 25 to a county, references in those subdivisions to a local government 26 whose administration and enforcement of the uniform code and state ener- 27 gy conservation construction code have been determined by the secretary 28 to have not met the minimum standards shall be construed as references 29 to such county. 30 6. Where the secretary has designated a county, another local govern- 31 ment, or the department to perform specified types and classes of code 32 enforcement activities within a local government pursuant to paragraph f 33 of subdivision four of this section: 34 a. The local government whose administration and enforcement of the 35 uniform code and state energy conservation construction code has not met 36 the minimum standards shall not perform the types and classes of code 37 enforcement activities specified in such designation and shall accept 38 performance of such types and classes of code enforcement activities by 39 the designee; 40 b. The local government whose administration and enforcement of the 41 uniform code and state energy conservation construction code has not met 42 the minimum standards shall reimburse the designee for any reasonable 43 costs and expenses incurred by the designee in performing the designated 44 types and classes of code enforcement activities; and 45 c. The secretary shall designate the local government whose adminis- 46 tration and enforcement of the uniform code and state energy conserva- 47 tion construction code has not met the minimum standards to resume 48 performance of the designated types and classes of code enforcement 49 activities when the secretary is satisfied that such local government 50 will perform such activities in a due and proper manner and will other- 51 wise provide administration and enforcement of the uniform code and 52 state energy conservation construction code in compliance with the mini- 53 mum standards promulgated pursuant to subdivision one of this section. 54 7. a. The secretary is authorized to promulgate, and to amend from 55 time to time, rules and regulations establishing a default code enforce- 56 ment program. Such default code enforcement program shall includeS. 3372 8 1 provisions establishing the required features and such other provisions 2 as the secretary may deem to be appropriate for inclusion in a code 3 enforcement program. Such default code enforcement program shall also 4 establish fees to be charged by any local government or county that 5 administers and enforces the uniform code and/or energy code in accord- 6 ance with the provisions of the default code enforcement program. 7 b. Any local government or county responsible for administration and 8 enforcement of the uniform code and/or state energy code within a local 9 government that has not established its own code enforcement program 10 shall administer and enforce the uniform code and/or energy code in 11 accordance with the provisions of the default code enforcement program. 12 c. Any local government or county that administers and enforces the 13 uniform code and/or energy code in accordance with the provisions of the 14 default code enforcement program pursuant to paragraph b of this subdi- 15 vision shall, through its chief executive officer, have full power and 16 authority to designate the public officer or agency authorized to issue 17 an appearance ticket, and a public officer who, by virtue of office, 18 title or position, is authorized or required to enforce the provisions 19 of the uniform code and the state energy conservation construction code 20 and the provisions of the default code enforcement program as fully and 21 with the same force and effect as such local government or county would 22 have to enforce provisions established by a local law, ordinance, or 23 regulation enacted or adopted by such local government or county. The 24 designation authorized by this paragraph shall not take effect until it 25 has been filed with the department of state, and must be maintained on 26 the website of such local government or county unless and until such 27 local government or county passes a local law delegating the enforcement 28 authority referenced in this paragraph. 29 d. Where a local government or county is administering and enforcing 30 the uniform code and/or energy code in accordance with the provisions of 31 the default code enforcement program pursuant to paragraph b of this 32 subdivision, the default code enforcement program shall be deemed the 33 applicable code enforcement program for the purposes of section three 34 hundred eighty-two of this article. 35 § 3. Section 382 of the executive law, as added by chapter 707 of the 36 laws of 1981, subdivision 2 as amended by chapter 571 of the laws of 37 2021, subdivision 3 as amended by chapter 507 of the laws of 2021 and 38 subdivision 4 as amended by chapter 47 of the laws of 2021, is amended 39 to read as follows: 40 § 382. Remedies. 1. In addition to and not in limitation of any power 41 otherwise granted by law, every local government and its authorized 42 agents shall have the power to order in writing the remedying of any 43 condition found to exist in, on or about any building in violation of 44 the uniform fire prevention and building code and to issue appearance 45 tickets for violations of the uniform code. 46 2. Failure to comply with the uniform fire prevention and building 47 code, permit or certificate of occupancy provision of the code enforce- 48 ment program, or order. Any person or entity, having been served, either 49 personally or by registered or certified mail, with an order to remedy 50 any condition found to exist in, on, or about any building in violation 51 of the uniform fire prevention and building code, who shall fail to 52 comply with such order within the time fixed by the regulations promul- 53 gated by the secretary pursuant to subdivision one of section three 54 hundred eighty-one of this article, such time period to be stated in the 55 order, and any owner, builder, architect, tenant, contractor, subcon- 56 tractor, construction superintendent or their agents or any other personS. 3372 9 1 taking part or assisting in the construction of any building who shall 2 knowingly violate (i) any of the applicable provisions of the uniform 3 code, (ii) any permit or certificate of occupancy provision of the 4 applicable code enforcement program, or (iii) any lawful order of a 5 local government, a county or the secretary made [thereunder] under the 6 uniform code or under the applicable code enforcement program regarding 7 standards for construction, maintenance, or fire protection equipment 8 and systems, shall be guilty of an unclassified misdemeanor. Such 9 offense shall be punishable by a fine of not more than one thousand 10 dollars per day of violation, or imprisonment not exceeding one year, or 11 both for the first one hundred eighty days, and for the following one 12 hundred eighty days shall be punishable by a fine of no less than twen- 13 ty-five dollars and not more than one thousand dollars per day of 14 violation or imprisonment not exceeding one year, or both and thereafter 15 shall be punishable by a fine of no less than fifty dollars and not more 16 than one thousand dollars per day of violation or imprisonment not 17 exceeding one year, or both. 18 3. Where the construction or use of a building is in violation of (i) 19 any provision of the uniform code [or any lawful order obtained there-20under], (ii) any permit or certificate of occupancy provision of the 21 applicable code enforcement program, or (iii) any provision of any 22 lawful order made under this article, under the uniform code, or under 23 the applicable code enforcement program, a justice of the supreme court, 24 New York city civil court, a city court, district court or county court 25 may order the removal of the building or an abatement of the condition 26 in violation of such provisions. Where a person or entity, having been 27 served with any lawful order made under this article, under the uniform 28 code, or under the applicable code enforcement program, shall fail to 29 comply with such order, a justice of the supreme court, New York city 30 civil court, a city court, district court or county court may order 31 compliance with such order. An application for such relief may be made 32 by the secretary, an appropriate municipal officer, or any other person 33 aggrieved by the violation. 34 4. In addition to any other applicable remedy or penalty, where a 35 building has been altered in violation of any provision of the uniform 36 code or any lawful order obtained [thereunder] under this article, under 37 the uniform code, or under the applicable code enforcement program, and 38 such alteration impedes a person's egress from such building during a 39 fire or other emergency evacuation, the owner of such building, and any 40 builder, architect, contractor, subcontractor or construction super- 41 intendent, or agent thereof who has knowledge of such alteration, or 42 owner who reasonably should have had knowledge of such alteration based 43 on either an inspection or repair of a leased premises with consent from 44 the tenant, shall be subject to a civil penalty of up to seven thousand 45 five hundred dollars. 46 5. (a) Notwithstanding any other provision of law, all fines imposed 47 and collected for any violation of this section shall be paid at least 48 monthly into the treasury of the local government in which such 49 violation occurred, unless: (i) the county is administering and enforc- 50 ing the uniform fire prevention and building code and state energy 51 conservation construction code in such local government as provided by 52 subdivision two or four of section three hundred eighty-one of this 53 article, in which case such fines and penalties collected in cases aris- 54 ing out of the violation of this section shall be paid at least monthly 55 into the treasury of the county, (ii) an adjoining or reasonably proxi- 56 mate local government is administering and enforcing the uniform fireS. 3372 10 1 prevention and building code and state energy conservation construction 2 code in such local government as provided by subdivision four of section 3 three hundred eighty-one of this article, in which case such fines and 4 penalties collected in cases arising out of the violation of this 5 section shall be paid at least monthly into the treasury of such adjoin- 6 ing or reasonably proximate local government, or (iii) the secretary is 7 administering and enforcing the uniform fire prevention and building 8 code and state energy conservation construction code in such local 9 government as provided by subdivision two or four of section three 10 hundred eighty-one of this article, in which case such fines and penal- 11 ties collected in cases arising out of the violation of this section 12 shall be paid at least monthly into the general fund established by 13 section seventy-two of the state finance law. Where two or more local 14 governments have provided for joint administration and enforcement of 15 the uniform code, the state energy conservation construction code, or 16 both, by agreement pursuant to article five-G of the general municipal 17 law, such local governments may provide in such agreement for a differ- 18 ent distribution of such fines. 19 (b) The civil penalties provided in subdivision four of this section 20 may be recovered in an appropriate action or proceeding commenced by the 21 local government, county, or state agency responsible for administration 22 and enforcement of the uniform code with respect to the building that 23 was altered in violation of any provision of the uniform code or any 24 lawful order obtained under this article, under the uniform code, or 25 under the applicable code enforcement program, and shall be payable to 26 the treasury of such local government, the treasury of such county, or 27 the general fund of the state of New York, as applicable. 28 § 4. Subdivision 15 of section 11-102 of the energy law, as amended by 29 chapter 560 of the laws of 2010 and renumbered by chapter 374 of the 30 laws of 2022, is amended to read as follows: 31 15. "Residential building." Any building which is designed or is to be 32 used primarily as a dwelling or household as defined by the state fire 33 prevention and building code council, including any factory manufactured 34 home as defined in subdivision [eight] ten of section three hundred 35 seventy-two of the executive law and any mobile home as defined in 36 subdivision [thirteen] fifteen of section three hundred seventy-two of 37 the executive law. 38 § 5. This act shall take effect immediately.