Bill Text: NY S04708 | 2021-2022 | General Assembly | Introduced
Bill Title: Expands remedies for violations of New York state uniform fire prevention and building code.
Sponsorship: Partisan Bill (Democrat 5)
Status: (Engrossed - Dead) 2022-05-09 - referred to governmental operations [S04708 Detail]
Download: New_York-2021-S04708-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4708 2021-2022 Regular Sessions IN SENATE February 9, 2021 ___________ Introduced by Sen. COMRIE -- 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 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, and subdivision 4 as added by chapter 333 of the laws of 2020, 4 is amended to read as follows: 5 § 382. Remedies. 1. In addition to and not in limitation of any power 6 otherwise granted by law, every local government and its authorized 7 agents shall have the power to order in writing the remedying of any 8 condition found to exist in, on or about any building in violation of 9 the uniform fire prevention and building code and to issue appearance 10 tickets for violations of the uniform code. 11 2. Any person, having been served, either personally or by registered 12 or certified mail, with an order to remedy any condition, other than a 13 condition that is deemed an imminent threat to the safety and welfare of 14 the building's occupants, found to exist in, on, or about any building 15 in violation of the uniform fire prevention and building code, who shall 16 fail to comply with such order within the time fixed by the regulations 17 promulgated by the secretary pursuant to subdivision one of section 18 three hundred eighty-one of this article, such time period to be stated 19 in the order, and any owner, builder, architect, tenant, contractor, 20 subcontractor, construction superintendent or their agents or any other 21 person taking part or assisting in the construction of any building who 22 shall knowingly violate any of the applicable provisions of the uniform 23 code or any lawful order of a local government, a county or the secre- 24 tary made thereunder regarding standards for construction, maintenance, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05777-01-1S. 4708 2 1 or fire protection equipment and systems, shall be punishable by a fine 2 of not more than one thousand dollars per day of violation, or imprison- 3 ment not exceeding one year, or both. 4 3. Any person, having been served, either personally or by registered 5 or certified mail, with an order to remedy a condition that is an immi- 6 nent threat to the safety and welfare of the building's occupants as 7 determined by the local government and its authorized agents, found to 8 exist in, on, or about any building in violation of the uniform fire 9 prevention and building code, who shall fail to comply with such order 10 within the time fixed by the regulations promulgated by the secretary 11 pursuant to subdivision one of section three hundred eighty-one of this 12 article, such time period to be stated in the order, and any owner, 13 builder, architect, tenant, contractor, subcontractor, construction 14 superintendent or their agents or any other person taking part or 15 assisting in the construction of any building who shall knowingly 16 violate any of the applicable provisions of the uniform code or any 17 lawful order of a local government, a county or the secretary made ther- 18 eunder regarding standards for construction, maintenance, or fire 19 protection equipment and systems, shall be punishable by a fine of no 20 less than one thousand dollars and no more than five thousand dollars 21 per day of violation or imprisonment not exceeding one year, or both, 22 for the first occurrence of a violation for any building owned by such 23 person. A person's second violation related to any property owned by 24 such person for a condition that is deemed an imminent threat to the 25 safety and welfare of the building's occupants, shall be punishable by a 26 fine no less than five thousand dollars and no more than ten thousand 27 dollars per day of violation or imprisonment not exceeding one year, or 28 both. A person's third violation related to any property owned by such 29 person for a condition that is deemed an imminent threat to the safety 30 and welfare of the building's occupants, shall be punishable by a fine 31 no less than ten thousand dollars per day of violation or imprisonment 32 not exceeding one year, or both. 33 4. Where a building has been altered in violation of any provision of 34 the uniform code or any lawful order obtained thereunder, and such 35 alteration impedes a person's egress from such building during a fire or 36 other emergency evacuation, the owner of such building who has knowledge 37 of such alteration or should have had knowledge of such alteration shall 38 be subject to a civil penalty of up to seven thousand five hundred 39 dollars. 40 5. Where the construction or use of a building is in violation of any 41 provision of the uniform code or any lawful order obtained thereunder, a 42 justice of the supreme court at a special term in the judicial district 43 in which the building is located, may order the removal of the building 44 or an abatement of the condition in violation of such provisions. An 45 application for such relief may be made by the secretary, an appropriate 46 municipal officer, or any other person aggrieved by the violation. 47 § 2. This act shall take effect on the first of January next succeed- 48 ing the date on which it shall have become a law.
