Bill Text: NY S05838 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to application of the state uniform fire prevention and building code and relevant local building and fire regulations; directs OGS to implement a phase-in of compliance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-11 - PRINT NUMBER 5838B [S05838 Detail]

Download: New_York-2019-S05838-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5838--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 15, 2019
                                       ___________

        Introduced  by Sen. KAVANAGH -- 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  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee

        AN ACT to amend the executive law, in relation  to  application  of  the
          state  uniform  fire  prevention  and building code and relevant local
          building and fire regulations to certain premises

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 383 of the executive law is amended by adding a new
     2  subdivision 5 to read as follows:
     3    5.  Notwithstanding any provision of law to the contrary, the building
     4  and fire regulations generally applicable in any village, town, city, or
     5  county within the state shall apply  to  all  buildings  and  structures
     6  owned  by  or  in  which  space  is leased by state agencies and covered
     7  authorities, as such terms are defined in section  two-a  of  the  state
     8  finance law, in such village, town, city, or county irrespective of when
     9  such  buildings  or structures were  built or put into service.  For the
    10  purpose of this subdivision, the building and fire regulations generally
    11  applicable shall mean the relevant local building and  fire  regulations
    12  enacted  or adopted by a local government that are in effect pursuant to
    13  paragraph c of subdivision one of this section or section three  hundred
    14  seventy-nine  of  this article or, where no such local building and fire
    15  regulations are in effect, the code.  Existing buildings and  structures
    16  constructed  before  the  effective  date  of  this subdivision shall be
    17  subject to the building and fire regulations generally applicable pursu-
    18  ant to a staged plan developed by the office of general services,  which

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11518-05-0

        S. 5838--B                          2

     1  may provide for compliance over a period of not more than five years, or
     2  if the office of general services shall determine that there are reasons
     3  requiring delay, not more than ten years, unless such building or struc-
     4  ture  is altered, in which case the building and fire regulations gener-
     5  ally applicable shall immediately  apply  to  all  alterations  to  such
     6  building  or structure. Notwithstanding the foregoing provisions of this
     7  subdivision, the legislature may exempt a specific  building  or  struc-
     8  ture,  which  shall  be  identified  by its legal description and street
     9  address, if applicable, from any  building  and  fire  regulations  that
    10  would otherwise apply under this subdivision.
    11    § 2. This act shall take effect on the one hundred eightieth day after
    12  it shall have become a law.
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