Bill Text: NY S07300 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to conducting investigations into the administration and enforcement of the New York state uniform fire prevention and building code and the New York state energy conservation construction code by counties.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2020-03-04 - referred to governmental operations [S07300 Detail]

Download: New_York-2019-S07300-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7300--A

                    IN SENATE

                                    January 16, 2020
                                       ___________

        Introduced  by Sens. SKOUFIS, BIAGGI, KAVANAGH -- 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 commit-
          tee

        AN ACT to amend the executive law, in relation  to  conducting  investi-
          gations  into the administration and enforcement of the New York state
          uniform fire prevention and building code and the New York state ener-
          gy conservation construction code

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

     1    Section  1.  Subdivisions 3 and 4 of section 381 of the executive law,
     2  as added by chapter 707 of the laws of 1981,  are  amended  to  read  as
     3  follows:
     4    3.  a.  On  and  after the first day of July, nineteen hundred eighty-
     5  five, the secretary shall have power to investigate and conduct hearings
     6  relative to whether administration and enforcement of the  uniform  fire
     7  prevention and building code complies with the minimum standards promul-
     8  gated  pursuant  to  subdivision  one of this section. At least ten days
     9  written notice of any such hearing shall be provided to the elective  or
    10  appointive chief executive officer or, if there be none, the chairman of
    11  the  legislative  body  of the local government or county whose adminis-
    12  tration and enforcement of the uniform code is at issue.
    13    b. If the secretary receives from any county, official notice  that  a
    14  local  government  within the county is not providing administration and
    15  enforcement of the  uniform  fire  prevention  and  building  code  that
    16  complies  with the minimum standards promulgated pursuant to subdivision
    17  one of this section, the secretary shall investigate and  conduct  hear-
    18  ings in accordance with the provisions of this subdivision.
    19    4.  If  the secretary determines that a local government has failed to
    20  administer and enforce the uniform fire prevention and building code  in
    21  accordance  with  the minimum standards promulgated pursuant to subdivi-
    22  sion one of this section, the secretary shall take any of the  following
    23  actions, either individually or in combination in any sequence:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14489-03-0
        S. 7300--A                          2

     1    a.  The  secretary  may  issue  an order compelling compliance by such
     2  local government with the standards for administration  and  enforcement
     3  of the uniform code.
     4    b. The secretary may ask the attorney general to institute in the name
     5  of  the  secretary  an action or proceeding seeking appropriate legal or
     6  equitable relief to require such  local  government  to  administer  and
     7  enforce the uniform code.
     8    c.  the secretary may designate the county in which such local govern-
     9  ment is located to administer and enforce the uniform code in such local
    10  government. In the case of such designation, the provisions of  subdivi-
    11  sion five of this section shall apply.
    12    d.  The secretary may, in the place and stead of the local government,
    13  administer and enforce the uniform code in accordance with  the  minimum
    14  standards  promulgated  pursuant  to subdivision one of this section. In
    15  such event, the provisions of subdivision five  of  this  section  shall
    16  apply.
    17    e. If the secretary finds that the local government is incapable of or
    18  unwilling  to  administer  and  enforce the uniform code pursuant to the
    19  minimum standards  and  the  secretary's  investigation  of  such  local
    20  government  was initiated by an official notice from the county in which
    21  such local government is located, and if the county has  requested  that
    22  the secretary designate the county to administer and enforce the uniform
    23  code  in such local government, the secretary shall designate the county
    24  in which such local government is located to administer and enforce  the
    25  uniform  code  in  such local government unless the secretary finds that
    26  the county would be unable to assume the responsibilities.
    27    § 2. This act shall take effect immediately.