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.
                                                                   LBD05777-01-1

        S. 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.
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