Bill Text: NY S06675 | 2013-2014 | General Assembly | Amended


Bill Title: Requires notice to be given to the fire department with jurisdiction over a residential building where construction will utilize truss type, pre-engineered wood, or timber construction.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-06-20 - SUBSTITUTED BY A1869D [S06675 Detail]

Download: New_York-2013-S06675-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6675--C
                                   I N  S E N A T E
                                   February 26, 2014
                                      ___________
       Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Housing, Construction  and
         Community  Development  -- 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  --  committee  discharged,  bill amended, ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the executive law, in relation  to  notice  requirements
         and  enforcement  for residential buildings with truss type, pre-engi-
         neered wood or timber construction
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The executive law is amended by adding a new section 382-b
    2  to read as follows:
    3    S 382-B.  RESIDENTIAL BUILDINGS WITH TRUSS TYPE,  PRE-ENGINEERED  WOOD
    4  OR TIMBER CONSTRUCTION; NOTICE REQUIREMENTS.  1. A. ANY PERSON UTILIZING
    5  TRUSS  TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION FOR THE ERECTION
    6  OF ANY NEW RESIDENTIAL STRUCTURE, FOR ANY ADDITION TO AN EXISTING  RESI-
    7  DENTIAL  STRUCTURE, OR FOR ANY REHABILITATION OF AN EXISTING RESIDENTIAL
    8  STRUCTURE, SHALL, UPON APPLICATION FOR A BUILDING PERMIT WITH THE  LOCAL
    9  GOVERNMENT  HAVING  JURISDICTION, INCLUDE ON THE PERMIT APPLICATION THAT
   10  TRUSS  TYPE,  PRE-ENGINEERED  WOOD  OR  TIMBER  CONSTRUCTION  IS   BEING
   11  UTILIZED.
   12    B.  THE  PROPERTY  OWNER  OR THE PROPERTY OWNER'S REPRESENTATIVE SHALL
   13  COMPLETE A FORM PRESCRIBED BY THE COUNCIL DESIGNATING THE  STRUCTURE  AS
   14  TRUSS  TYPE,  PRE-ENGINEERED  WOOD  OR TIMBER CONSTRUCTION AND FILE SUCH
   15  FORM WITH THE APPLICATION FOR A BUILDING PERMIT.
   16    C. UPON RECEIVING THE APPLICATION FOR A BUILDING  PERMIT  AND  A  FORM
   17  DESIGNATING  THE  STRUCTURE AS TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER
   18  CONSTRUCTION, THE LOCAL GOVERNMENT HAVING JURISDICTION SHALL  NOTIFY  BY
   19  CERTIFIED  MAIL,  FACSIMILE, E-MAIL OR OTHER ELECTRONIC MEANS, THE CHIEF
   20  OF THE FIRE DISTRICT, FIRE DEPARTMENT OR FIRE COMPANY  HAVING  JURISDIC-
   21  TION  OVER THE STRUCTURE TO BE ERECTED, ADDED TO, OR MODIFIED, OR HIS OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03234-10-4
       S. 6675--C                          2
    1  HER  DESIGNEE,  THAT  TRUSS  TYPE,   PRE-ENGINEERED   WOOD   OR   TIMBER
    2  CONSTRUCTION IS BEING UTILIZED.
    3    D.  AS  A CONDITION OF THE FINAL RECEIPT OF A CERTIFICATE OF OCCUPANCY
    4  OR CERTIFICATE OF COMPLETION, A SIGN OR SYMBOL DESIGNED AND APPROVED  BY
    5  THE COUNCIL SHALL BE AFFIXED TO ANY ELECTRIC BOX ATTACHED TO THE EXTERI-
    6  OR OF THE STRUCTURE, IF ONE EXISTS.
    7    E.  THE PROPERTY OWNER OR HIS OR HER REPRESENTATIVE SHALL BE RESPONSI-
    8  BLE FOR MAINTAINING THE SIGN OR SYMBOL ON THE ELECTRIC BOX OF THE  RESI-
    9  DENCE, AS REQUIRED BY PARAGRAPH D OF THIS SUBDIVISION, AND SHALL REPLACE
   10  THE  SIGN  OR  SYMBOL  WHEN ANY CHANGES OR MODIFICATIONS ARE MADE TO THE
   11  ELECTRIC BOX OR THE SIGN OR SYMBOL IS DAMAGED.
   12    2. A. THE LOCAL BUILDING DEPARTMENT OR LOCAL CODE ENFORCEMENT OFFICIAL
   13  HAVING JURISDICTION OVER THE RESIDENTIAL STRUCTURE TO BE ERECTED,  ADDED
   14  TO,  OR  MODIFIED,  OR HIS OR HER DESIGNEE SHALL CONSULT WITH THE COUNTY
   15  FIRE COORDINATOR, LOCAL 911 AND EMERGENCY  DISPATCHERS,  AND  THE  LOCAL
   16  FIRE  PROTECTION  PROVIDER  OR  ENTITY DEEMED PERTINENT TO DETERMINE THE
   17  MANNER SUFFICIENT TO WARN PERSONS  CONDUCTING  FIRE  CONTROL  AND  OTHER
   18  EMERGENCY OPERATIONS OF THE EXISTENCE OF TRUSS TYPE, PRE-ENGINEERED WOOD
   19  OR TIMBER CONSTRUCTION IN THE STRUCTURE.
   20    B.  THE  CHIEF  OF THE FIRE DISTRICT, FIRE DEPARTMENT, OR FIRE COMPANY
   21  HAVING JURISDICTION OVER THE RESIDENTIAL STRUCTURE TO BE ERECTED,  ADDED
   22  TO,  OR  MODIFIED,  OR  HIS  OR  HER  DESIGNEE SHALL USE THE INFORMATION
   23  PROVIDED UNDER SUBDIVISION ONE OF THIS SECTION TO WARN PERSONS  CONDUCT-
   24  ING  FIRE  CONTROL  AND  OTHER  EMERGENCY OPERATIONS OF THE EXISTENCE OF
   25  TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION IN THE STRUCTURE.
   26    C. NOTHING CONTAINED IN THIS SECTION SHALL IN ANY WAY AFFECT OR DIMIN-
   27  ISH SECTION TWO HUNDRED FIVE-B OF THE GENERAL MUNICIPAL LAW.
   28    3. THE COUNCIL SHALL PROMULGATE RULES AND REGULATIONS IT DEEMS  NECES-
   29  SARY  TO CARRY INTO EFFECT THE PROVISIONS OF THIS SECTION INCLUDING, BUT
   30  NOT LIMITED TO, THE DIMENSIONS AND COLOR OF SUCH SIGN OR SYMBOL.
   31    4. LOCAL GOVERNMENTS SHALL PROVIDE BY LOCAL LAW OR RESOLUTION FOR  THE
   32  ENFORCEMENT  OF  THE  PROVISIONS  OF THIS SECTION, IF NECESSARY.   LOCAL
   33  GOVERNMENTS MAY PROVIDE FOR JOINT ENFORCEMENT OF THE PROVISIONS OF  THIS
   34  SECTION BY AGREEMENT PURSUANT TO ARTICLE FIVE-G OF THE GENERAL MUNICIPAL
   35  LAW.
   36    5.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CITY WITH A
   37  POPULATION OF ONE MILLION OR MORE PERSONS.
   38    S 2. The secretary of state, and the state fire  administrator,  shall
   39  to  the  greatest  extent practical make available, and incorporate into
   40  existing uniform fire prevention and building code training,  and  other
   41  fire  safety  training, educational information highlighting truss type,
   42  pre-engineered wood or timber construction and safety precautions.
   43    S 3. This act shall take effect on the first of January next  succeed-
   44  ing  the  date  on  which it shall have become a law; provided, however,
   45  that effective immediately, the addition, amendment and/or repeal of any
   46  rule or regulation necessary for the implementation of this act  on  its
   47  effective date is authorized and directed to be made and completed with-
   48  in 180 days after the date on which this act shall have become a law.
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