Bill Text: NY S09440 | 2021-2022 | General Assembly | Introduced


Bill Title: Ensures proper administration and enforcement of the uniform fire prevention and building code and the state energy conservation construction code; provides additional definitions; provides remedies for violations of the code; makes conforming technical changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2022-05-27 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S09440 Detail]

Download: New_York-2021-S09440-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9440

                    IN SENATE

                                      May 27, 2022
                                       ___________

        Introduced  by  Sen. SKOUFIS -- 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 ensuring proper admin-
          istration  and enforcement of the uniform fire prevention and building
          code and the state energy conservation construction code; and to amend
          the energy law, in relation to making conforming technical changes

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

     1    Section 1. Section 372 of the executive law, as amended by chapter 309
     2  of the laws of 1996, subdivision 3 as amended by chapter 159 of the laws
     3  of  2007 and subdivision 19 as added by chapter 119 of the laws of 2001,
     4  is amended to read as follows:
     5    § 372. Definitions. As used in this article, the following terms shall
     6  have  the  meaning  ascribed  to  them,  unless  the  context  otherwise
     7  requires:
     8    1.  "Administrator"  means  the  state  fire administrator established
     9  pursuant to article six-C of this chapter.
    10    2. "Applicable code enforcement program" means the program established
    11  by a local government or county pursuant to the regulations  promulgated
    12  pursuant  to subdivision one of section three hundred eighty-one of this
    13  article, or, where so provided  in  subdivision  two  of  section  three
    14  hundred  eighty-one  of  this  article, the secretary's code enforcement
    15  program, or, where so provided in subdivision  seven  of  section  three
    16  hundred eighty-one of this article the default code enforcement program.
    17    3.  "Areas  of  public  assembly"  means  all buildings or portions of
    18  buildings used for gathering together fifty or more persons  for  amuse-
    19  ment,  athletic,  civic,  dining, educational, entertainment, patriotic,
    20  political, recreational, religious, social,  or  similar  purposes,  the
    21  entire fire area of which they are a part, and the means of egress ther-
    22  efrom.
    23    [3.] 4. "Building" means a combination of any materials, whether port-
    24  able  or fixed, having a roof, to form a structure affording shelter for
    25  persons, animals or property. The word  "building"  shall  be  construed

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14997-02-2

        S. 9440                             2

     1  when used herein as though followed by the words "or part or parts ther-
     2  eof"  unless  the context clearly requires a different meaning. The term
     3  "building" shall also  mean  "factory  manufactured  home"  and  "mobile
     4  home". The term "building" shall not include a "temporary greenhouse".
     5    [4.]  5. "Construction" means the construction, reconstruction, alter-
     6  ation, conversion, repair, installation of equipment or  use  of  build-
     7  ings,  and  requirements or standards relating to or affecting materials
     8  used in connection therewith, including provisions for safety and  sani-
     9  tary conditions.
    10    [5.]  6.  "Council"  means the state fire prevention and building code
    11  council created by this article.
    12    [6.] 7. "Default code enforcement program" means the code  enforcement
    13  program established by the rules and regulations promulgated pursuant to
    14  subdivision seven of section three hundred eighty-one of this article.
    15    8. "Department" means the department of state.
    16    [7.]  9. "Equipment" means plumbing, heating, electrical, ventilating,
    17  air conditioning,  refrigerating  equipment,  elevators,  dumb  waiters,
    18  escalators and other mechanical additions or installations.
    19    [8.] 10. "Factory manufactured home" means a structure designed prima-
    20  rily  for  residential  occupancy  constructed  by a method or system of
    21  construction whereby the structure or its components are  wholly  or  in
    22  substantial  part  manufactured in manufacturing facilities, intended or
    23  designed for permanent installation, or assembly and permanent installa-
    24  tion, on a building site.
    25    [9.] 11. "Fire area" means the floor area of a  story  of  a  building
    26  within exterior walls, party walls, fire walls, or any combination ther-
    27  eof.
    28    [10.]  12.  "Fire  protection  equipment and systems" means apparatus,
    29  assemblies, or systems, either portable or fixed,  for  use  to  detect,
    30  prevent, control, or extinguish fire.
    31    [11.]  13.  "Local government" means a village, town (outside the area
    32  of any incorporated village) or city.
    33    [12.] 14. "Means of egress" means a  continuous  unobstructed  way  of
    34  exit  from any point in a building or structure to a public way. A means
    35  of egress comprises the vertical  and  horizontal  ways  of  travel  and
    36  includes   intervening   room  spaces,  doorways,  hallways,  corridors,
    37  passageways, balconies, ramps, stairs, enclosures, lobbies,  escalators,
    38  horizontal exits, courts, and yards.
    39    [13.] 15. "Mobile home" means a moveable or portable unit designed and
    40  constructed  to  be  towed  on  its  own chassis, comprised of frame and
    41  wheels, connected to utilities, and designed and constructed  without  a
    42  permanent  foundation  for  year-round  living. A unit may contain parts
    43  that may be  folded,  collapsed  or  telescoped  when  being  towed  and
    44  expanded  later  to  provide additional cubic capacity as well as two or
    45  more separately towable components designed to be joined into one  inte-
    46  gral  unit  capable  of  being  again  separated into the components for
    47  repeated towing. "Mobile home" shall mean  units  designed  to  be  used
    48  exclusively for residential purposes, excluding travel trailers.
    49    [14.]  16.  "Office"  means  the office of fire prevention and control
    50  created pursuant to article six-C of this chapter.
    51    [15.] 17. "Permit or certificate of occupancy  provision"  shall  mean
    52  any  provision  in  the  applicable  code  enforcement program that: (a)
    53  prohibits performance of any work that must  conform  with  the  uniform
    54  code  and/or  state  energy  code unless a building permit, construction
    55  permit, demolition permit, or similar permit has been  issued,  has  not
    56  been  suspended  or  revoked,  and  has  not  expired; (b) prohibits the

        S. 9440                             3

     1  continuation of work after a  stop  work  order  has  been  issued;  (c)
     2  prohibits  the  conduct  of  any  activity or the use of any category of
     3  building specified in the rules and regulations promulgated pursuant  to
     4  subdivision  one  of  section  three  hundred eighty-one of this article
     5  unless an operating permit has been issued, has not  been  suspended  or
     6  revoked, and has not expired; or (d) prohibits the use or occupancy of a
     7  building  or  the  change of any use or occupancy of a building unless a
     8  certificate of occupancy, certificate or completion, or similar  certif-
     9  icate  has  been  issued, has not been suspended or revoked, and has not
    10  expired.
    11    18. "Required features" means the features required by the  rules  and
    12  regulations  promulgated  pursuant  to  subdivision one of section three
    13  hundred eighty-one to be included in a code enforcement program.
    14    19. "Secretary" means the secretary of state.
    15    [16.] 20. "Secretary's code enforcement program" means those rules and
    16  regulations promulgated pursuant to subdivision  one  of  section  three
    17  hundred  eighty-one of this article that are applicable in situations in
    18  which the secretary administers and enforces the  uniform  code  in  the
    19  place and stead of the local government or county.
    20    21.  "State  agency"  means any department, bureau, commission, board,
    21  public authority or other agency of  the  state,  including  any  public
    22  benefit corporation any member of whose board is appointed by the gover-
    23  nor.
    24    [17.] 22. "Temporary greenhouse" means specialized agricultural equip-
    25  ment  having a framework covered with demountable polyurethane materials
    26  or materials of polyurethane nature and lacking a permanent and  contin-
    27  uous  foundation,  which  is specifically designed, constructed and used
    28  for the culture and propagation of horticultural commodities. A  "tempo-
    29  rary  greenhouse" may include, but is not limited to, the use of heating
    30  devices, water and electrical utilities, and supporting  poles  embedded
    31  in  non-continuous  concrete. In no instance will a temporary greenhouse
    32  be used for the retail sale of any farm or non-farm products.
    33    [18. "Uniform code" or "code" means the New York  state  uniform  fire
    34  prevention  and  building  code  promulgated  pursuant  to section three
    35  hundred seventy-seven of this article.
    36    19.] 23. "Truss type construction" means  a  fabricated  structure  of
    37  wood or steel, made up of a series of members connected at their ends to
    38  form  a  series  of  triangles  to span a distance greater than would be
    39  possible with any of the individual members on their own.
    40    24. "Uniform code" or "code" means the New  York  state  uniform  fire
    41  prevention  and  building  code  promulgated  pursuant  to section three
    42  hundred seventy-seven of this article.
    43    § 2. Subdivisions 2, 3, 4 and 5 of section 381 of the  executive  law,
    44  subdivision 2 as amended by chapter 560 of the laws of 2010 and subdivi-
    45  sions  3,  4  and  5  as  added  by chapter 707 of the laws of 1981, are
    46  amended, subdivision 6 is renumbered subdivision 8 and two new  subdivi-
    47  sions 6 and 7 are added to read as follows:
    48    2.  Except as may be provided in regulations of the secretary pursuant
    49  to subdivision one of this section, and subject to the provisions relat-
    50  ing to cities with a population of over one  million  as  set  forth  in
    51  paragraph  c of subdivision one of section three hundred eighty-three of
    52  this article, every local government shall administer  and  enforce  the
    53  uniform fire prevention and building code and the state energy conserva-
    54  tion  construction  code on and after the first day of January, nineteen
    55  hundred eighty-four, provided, however,  that  a  local  government  may
    56  enact  a  local law prior to the first day of July in any year providing

        S. 9440                             4

     1  that it will not enforce such codes on and after the first day of [Janu-
     2  ary] April next succeeding. In such event the county in which said local
     3  government is situated shall administer and enforce  such  codes  within
     4  such  local  government  from and after the first day of [January] April
     5  next succeeding the effective date of such local law, in accordance with
     6  the provisions of paragraph b of subdivision five of this section unless
     7  the county shall have previously enacted a local law providing  that  it
     8  will not enforce such codes within that county. In such event the secre-
     9  tary  in  the place and stead of the local government shall, directly or
    10  by [contract] using the services of any contractors or other third-party
    11  providers as the secretary may deem  to  be  qualified,  administer  and
    12  enforce  the uniform code and the state energy conservation construction
    13  code within such local government on and after the first  day  of  April
    14  next  succeeding.  A  county  that  is responsible for administering and
    15  enforcing such codes within a local government pursuant to the foregoing
    16  provisions of this subdivision may enact a local law prior to the  first
    17  day of October in any year providing that it will not enforce such codes
    18  within  such  local  government on and after the first day of April next
    19  succeeding. In such event, the secretary, in the place and stead of such
    20  local government, shall, directly  or  by  using  the  services  of  any
    21  contractors  or other third-party providers as the secretary may deem to
    22  be qualified, administer and enforce such codes in such local government
    23  from and after the first day of April next succeeding. A  local  govern-
    24  ment  that  adopts  a  local law providing that it will not enforce such
    25  codes on and after the first day of April next succeeding shall promptly
    26  notify the county in which such local  government  is  located  and  the
    27  secretary  of  the  adoption  of  such local law. A county that adopts a
    28  local law providing that it will not enforce such codes on and after the
    29  first day of April next succeeding  shall  promptly  notify  each  local
    30  government  in  which  such  county  is administering and enforcing such
    31  codes and the secretary of the adoption  of  such  local  law.  A  local
    32  government  or  a  county  may repeal a local law which provides that it
    33  will not enforce such codes and shall thereafter administer and  enforce
    34  such  codes as provided above. Two or more local governments may provide
    35  for joint administration and enforcement of the uniform code, the  state
    36  energy conservation construction code, or both, by agreement pursuant to
    37  article  five-G  of  the general municipal law. Any local government may
    38  enter into agreement with the county in which such local  government  is
    39  situated  to  administer  and enforce the uniform code, the state energy
    40  conservation construction code, or both, within such  local  government.
    41  Local  governments  or  counties that administer and enforce the uniform
    42  code, the state energy conservation  construction  code,  or  both,  may
    43  charge  and  collect  fees  to  defray  the  costs of administration and
    44  enforcement.  Where the secretary is responsible for administration  and
    45  enforcement   of   the   uniform  code  and  state  energy  conservation
    46  construction code within a local government pursuant to this subdivision
    47  or pursuant to paragraph e of subdivision four of this section, (a)  the
    48  secretary  shall administer and enforce the codes in accordance with the
    49  provisions of the secretary's code enforcement program; (b)  such  rules
    50  and  regulations  shall  be deemed to be the applicable code enforcement
    51  program for the purposes of section three  hundred  eighty-two  of  this
    52  article; and (c) the secretary may charge and collect fees to defray the
    53  costs of administration and enforcement.
    54    3.  On  and after the first day of July, nineteen hundred eighty-five,
    55  the secretary shall have power  to  investigate  [and  conduct  hearings
    56  relative  to] whether administration and enforcement of the uniform fire

        S. 9440                             5

     1  prevention  and  building  code  and  the  state   energy   conservation
     2  construction code complies with the minimum standards promulgated pursu-
     3  ant  to  subdivision  one of this section.   In connection with any such
     4  investigation,  the  secretary  shall  have the power to issue subpoenas
     5  compelling the testimony of witnesses, the production of  documents,  or
     6  both,  and  the  power, at the secretary's discretion, to conduct one or
     7  more hearings. At least ten days written  notice  of  any  such  hearing
     8  shall  be provided to the elective or appointive chief executive officer
     9  or, if there be none, the chairman of the legislative body of the  local
    10  government or county whose administration and enforcement of the uniform
    11  code and state energy conservation construction code is at issue.
    12    4.  If  the secretary determines that a local government has failed to
    13  administer and enforce the uniform fire  prevention  and  building  code
    14  and/or  the  state  energy  conservation construction code in accordance
    15  with the minimum standards promulgated pursuant to  subdivision  one  of
    16  this  section,  the  secretary  shall take any of the following actions,
    17  either individually or in combination in any sequence:
    18    a. The secretary may issue an  order  compelling  compliance  by  such
    19  local  government  with  the  minimum  standards [for administration and
    20  enforcement of the uniform code] promulgated pursuant to subdivision one
    21  of this section.
    22    b. The secretary may appoint and remove any person deemed qualified by
    23  the secretary as an oversight officer, who  shall  have  the  power  and
    24  authority to do any of the following, at the discretion of the oversight
    25  officer:
    26    (i)  observe,  review  records  and report on compliance by such local
    27  government with the minimum standards promulgated pursuant  to  subdivi-
    28  sion one of this section;
    29    (ii)  direct all or any part of the code enforcement activities of the
    30  local government's code enforcement personnel; and
    31    (iii) take any other steps deemed  by  the  oversight  officer  to  be
    32  necessary or appropriate to ensure that the uniform code and state ener-
    33  gy  conservation  construction code are administered and enforced within
    34  such local government in a due and proper manner and in compliance  with
    35  the  minimum  standards  promulgated pursuant to subdivision one of this
    36  section.  Any person who is appointed as an oversight  officer  pursuant
    37  to  this  paragraph  shall be deemed to be a state officer under section
    38  two of the public officers law.
    39    c. The secretary may ask the attorney general to institute in the name
    40  of the secretary an action or proceeding seeking  appropriate  legal  or
    41  equitable  relief  to  require  such  local government to administer and
    42  enforce the uniform code and state energy conservation construction code
    43  in a due and proper manner and in compliance with the minimum  standards
    44  promulgated  pursuant  to subdivision one of this section, including but
    45  not limited to requiring such local government to take specific remedial
    46  actions, such as establishing and enforcing an effective  code  enforce-
    47  ment   program,   conducting   fire   safety  and  property  maintenance
    48  inspections, increasing the frequency of fire safety and property  main-
    49  tenance  inspections, and taking enforcement actions that are timely and
    50  responsive to circumstances associated with  the  property  in  question
    51  when violations are identified.
    52    [c. the] d. The secretary may designate the county in which such local
    53  government  is located, or any other local government that adjoins or is
    54  reasonably proximate to such local government, to administer and enforce
    55  the uniform code and state energy conservation construction code in such
    56  local government. Designation of an adjoining  or  reasonably  proximate

        S. 9440                             6

     1  local  government  shall  be subject to the consent of the supervisor or
     2  mayor, as applicable, of such local government.  In  the  case  of  such
     3  designation,  the  provisions  of subdivision five of this section shall
     4  apply.
     5    [d.] e. The secretary may, in the place and stead of the local govern-
     6  ment,  directly  or  by  using  the services of any contractors or other
     7  third-party providers as the secretary may deem to be qualified,  admin-
     8  ister  and  enforce  the  uniform  code  and  state  energy conservation
     9  construction code in such local government in accordance with the [mini-
    10  mum standards promulgated pursuant to subdivision one of  this  section]
    11  secretary's  code  enforcement program. In such event, the provisions of
    12  subdivision five of this section shall apply.
    13    f. The secretary may designate the county in which such local  govern-
    14  ment  is  located, any other local government that adjoins or is reason-
    15  ably proximate to such local government, or the department of  state  to
    16  perform  within  such  local  government  such types and classes of code
    17  enforcement activities, such as permit application review and  approval,
    18  construction  inspections,  and  fire  safety  and  property maintenance
    19  inspections, as the secretary may specify.  Designation of an  adjoining
    20  or reasonably proximate local government shall be subject to the consent
    21  of the supervisor or mayor, as applicable, of such local government.  In
    22  the  case of such designation, the provisions of subdivision six of this
    23  section shall apply.
    24    g. The secretary may order a local government to cease prosecution  of
    25  violations  of the uniform code and order that such violations be prose-
    26  cuted pursuant to section seven hundred of the county law.
    27    5. Where the secretary has designated a county or adjoining or reason-
    28  ably proximate local government to administer and  enforce  the  uniform
    29  fire   prevention  and  building  code  and  state  energy  conservation
    30  construction code within a local government pursuant to paragraph  d  of
    31  subdivision  four of this section, or has assumed authority for adminis-
    32  tration and enforcement of the uniform fire prevention and building code
    33  and state energy conservation construction code within a  local  govern-
    34  ment  pursuant  to  [subdivision  two or] paragraph [d] e of subdivision
    35  four of this section:
    36    a. [Such] The local government [or  county  government]  that  is  not
    37  administering  or  enforcing the uniform code and state energy conserva-
    38  tion construction code in accordance with minimum  standards  shall  not
    39  administer  and  enforce  the  uniform code or state energy conservation
    40  construction code, and shall not charge or collect fees for such  admin-
    41  istration and enforcement.
    42    b.  [Such]  The designated county or local government or the secretary
    43  shall administer and enforce the uniform code within  [such]  the  local
    44  government  whose administration and enforcement of the uniform code and
    45  state energy conservation construction code  has  not  met  the  minimum
    46  standards  from  and  after  the date of such designation or assumption.
    47  Such administration and enforcement shall apply  the  minimum  standards
    48  promulgated  by  the  secretary  pursuant  to  subdivision  one  of this
    49  section. Notwithstanding any other provisions of  law,  such  designated
    50  county  or  local  government  or the secretary shall have full power to
    51  administer and enforce the uniform code [in accordance  with  such]  and
    52  state  energy  conservation  construction  code  in the local government
    53  whose administration and enforcement of the uniform code and state ener-
    54  gy conservation construction code has not  met  the  minimum  standards,
    55  including  the  power to charge and collect fees for such administration
    56  and enforcement.

        S. 9440                             7

     1    c. The secretary shall  designate  the  local  government  [or  county
     2  government] whose administration and enforcement of the uniform code and
     3  state  energy  conservation  construction  code did not meet the minimum
     4  standards to resume administration and enforcement of the  uniform  code
     5  when  the  secretary is satisfied that such local government [or county]
     6  will provide such administration and enforcement in compliance with  the
     7  minimum  standards  promulgated  pursuant  to  subdivision  one  of this
     8  section.
     9    d. The provisions of subdivisions three and four of this section shall
    10  apply to counties [which have been designated to administer and  enforce
    11  the  uniform  code  in  such  local government] that are responsible for
    12  administration and enforcement of the  uniform  code  and  state  energy
    13  conservation  construction  code  within  a local government pursuant to
    14  subdivision two of this section, to counties that have  been  designated
    15  to administer and enforce the uniform code and state energy conservation
    16  construction  code  within a local government pursuant to paragraph d of
    17  subdivision four of this section, and to  local  governments  that  have
    18  been  designated  to  administer  and enforce the uniform code and state
    19  energy conservation construction code within  another  local  government
    20  pursuant  to  paragraph d of subdivision four of this section. Where the
    21  provisions of subdivisions three and four of this section are applicable
    22  to a county, references in those  subdivisions  to  a  local  government
    23  whose administration and enforcement of the uniform code and state ener-
    24  gy  conservation construction code have been determined by the secretary
    25  to have not met the minimum standards shall be construed  as  references
    26  to such county.
    27    6.  Where the secretary has designated a county, another local govern-
    28  ment, or the department to perform specified types and classes  of  code
    29  enforcement activities within a local government pursuant to paragraph f
    30  of subdivision four of this section:
    31    a.  The  local  government whose administration and enforcement of the
    32  uniform code and state energy conservation construction code has not met
    33  the minimum standards shall not perform the types and  classes  of  code
    34  enforcement  activities  specified  in such designation and shall accept
    35  performance of such types and classes of code enforcement activities  by
    36  the designee;
    37    b.  The  local  government whose administration and enforcement of the
    38  uniform code and state energy conservation construction code has not met
    39  the minimum standards shall reimburse the designee  for  any  reasonable
    40  costs and expenses incurred by the designee in performing the designated
    41  types and classes of code enforcement activities; and
    42    c.  The  secretary shall designate the local government whose adminis-
    43  tration and enforcement of the uniform code and state  energy  conserva-
    44  tion  construction  code  has  not  met  the minimum standards to resume
    45  performance of the designated types  and  classes  of  code  enforcement
    46  activities  when  the  secretary is satisfied that such local government
    47  will perform such activities in a due and proper manner and will  other-
    48  wise  provide  administration  and  enforcement  of the uniform code and
    49  state energy conservation construction code in compliance with the mini-
    50  mum standards promulgated pursuant to subdivision one of this section.
    51    7. a.  The secretary is authorized to promulgate, and  to  amend  from
    52  time to time, rules and regulations establishing a default code enforce-
    53  ment  program.  Such  default  code  enforcement  program  shall include
    54  provisions establishing the required features and such other  provisions
    55  as  the  secretary  may  deem  to be appropriate for inclusion in a code
    56  enforcement program. Such default code enforcement  program  shall  also

        S. 9440                             8

     1  establish  fees  to  be  charged  by any local government or county that
     2  administers and enforces the uniform code and/or energy code in  accord-
     3  ance with the provisions of the default code enforcement program.
     4    b.  Any  local government or county responsible for administration and
     5  enforcement of the uniform code and/or state energy code within a  local
     6  government  that  has  not  established its own code enforcement program
     7  shall administer and enforce the uniform  code  and/or  energy  code  in
     8  accordance with the provisions of the default code enforcement program.
     9    c.  Any  local  government or county that administers and enforces the
    10  uniform code and/or energy code in accordance with the provisions of the
    11  default code enforcement program pursuant to paragraph b of this  subdi-
    12  vision  shall,  through its chief executive officer, have full power and
    13  authority to designate the public officer or agency authorized to  issue
    14  an  appearance  ticket,  and  a public officer who, by virtue of office,
    15  title or position, is authorized or required to enforce  the  provisions
    16  of  the uniform code and the state energy conservation construction code
    17  and the provisions of the default code enforcement program as fully  and
    18  with  the same force and effect as such local government or county would
    19  have to enforce provisions established by a  local  law,  ordinance,  or
    20  regulation  enacted  or  adopted by such local government or county. The
    21  designation authorized by this paragraph shall not take effect until  it
    22  has  been  filed with the department of state, and must be maintained on
    23  the website of such local government or county  unless  and  until  such
    24  local government or county passes a local law delegating the enforcement
    25  authority referenced in this paragraph.
    26    d.  Where  a local government or county is administering and enforcing
    27  the uniform code and/or energy code in accordance with the provisions of
    28  the default code enforcement program pursuant to  paragraph  b  of  this
    29  subdivision,  the  default  code enforcement program shall be deemed the
    30  applicable code enforcement program for the purposes  of  section  three
    31  hundred eighty-two of this article.
    32    §  3. Section 382 of the executive law, as added by chapter 707 of the
    33  laws of 1981, subdivision 2 as amended by chapter 571  of  the  laws  of
    34  2021,  subdivision  3  as amended by chapter 507 of the laws of 2021 and
    35  subdivision 4 as amended by chapter 47 of the laws of 2021,  is  amended
    36  to read as follows:
    37    § 382. Remedies.  1. In addition to and not in limitation of any power
    38  otherwise granted by law, every  local  government  and  its  authorized
    39  agents  shall  have  the  power to order in writing the remedying of any
    40  condition found to exist in, on or about any building  in  violation  of
    41  the  uniform  fire  prevention and building code and to issue appearance
    42  tickets for violations of the uniform code.
    43    2. Failure to comply with the uniform  fire  prevention  and  building
    44  code,  permit or certificate of occupancy provision of the code enforce-
    45  ment program, or order. Any person or entity, having been served, either
    46  personally or by registered or certified mail, with an order  to  remedy
    47  any  condition found to exist in, on, or about any building in violation
    48  of the uniform fire prevention and building  code,  who  shall  fail  to
    49  comply  with such order within the time fixed by the regulations promul-
    50  gated by the secretary pursuant to  subdivision  one  of  section  three
    51  hundred eighty-one of this article, such time period to be stated in the
    52  order,  and  any  owner, builder, architect, tenant, contractor, subcon-
    53  tractor, construction superintendent or their agents or any other person
    54  taking part or assisting in the construction of any building  who  shall
    55  knowingly  violate  (i)  any of the applicable provisions of the uniform
    56  code, (ii) any permit or  certificate  of  occupancy  provision  of  the

        S. 9440                             9

     1  applicable  code  enforcement  program,  or  (iii) any lawful order of a
     2  local government, a county or the secretary made [thereunder] under  the
     3  uniform  code or under the applicable code enforcement program regarding
     4  standards  for  construction,  maintenance, or fire protection equipment
     5  and systems, shall  be  guilty  of  an  unclassified  misdemeanor.  Such
     6  offense  shall  be  punishable  by  a fine of not more than one thousand
     7  dollars per day of violation, or imprisonment not exceeding one year, or
     8  both for the first one hundred eighty days, and for  the  following  one
     9  hundred  eighty days shall be punishable by a fine of no less than twen-
    10  ty-five dollars and not more  than  one  thousand  dollars  per  day  of
    11  violation or imprisonment not exceeding one year, or both and thereafter
    12  shall be punishable by a fine of no less than fifty dollars and not more
    13  than  one  thousand  dollars  per  day  of violation or imprisonment not
    14  exceeding one year, or both.
    15    3. Where the construction or use of a building is in violation of  (i)
    16  any  provision  of the uniform code [or any lawful order obtained there-
    17  under], (ii) any permit or certificate of  occupancy  provision  of  the
    18  applicable  code  enforcement  program,  or  (iii)  any provision of any
    19  lawful order made under this article, under the uniform code,  or  under
    20  the applicable code enforcement program, a justice of the supreme court,
    21  New  York city civil court, a city court, district court or county court
    22  may order the removal of the building or an abatement of  the  condition
    23  in  violation of such provisions.  Where a person or entity, having been
    24  served with any lawful order made under this article, under the  uniform
    25  code,  or  under  the applicable code enforcement program, shall fail to
    26  comply with such order, a justice of the supreme court,  New  York  city
    27  civil  court,  a  city  court,  district court or county court may order
    28  compliance with such order. An application for such relief may  be  made
    29  by  the secretary, an appropriate municipal officer, or any other person
    30  aggrieved by the violation.
    31    4. In addition to any other applicable  remedy  or  penalty,  where  a
    32  building  has  been altered in violation of any provision of the uniform
    33  code or any lawful order obtained [thereunder] under this article, under
    34  the uniform code, or under the applicable code enforcement program,  and
    35  such  alteration  impedes  a person's egress from such building during a
    36  fire or other emergency evacuation, the owner of such building, and  any
    37  builder,  architect,  contractor,  subcontractor  or construction super-
    38  intendent, or agent thereof who has knowledge  of  such  alteration,  or
    39  owner  who reasonably should have had knowledge of such alteration based
    40  on either an inspection or repair of a leased premises with consent from
    41  the tenant, shall be subject to a civil penalty of up to seven  thousand
    42  five hundred dollars.
    43    5.  (a)  Notwithstanding any other provision of law, all fines imposed
    44  and collected for any violation of this section shall be paid  at  least
    45  monthly  into  the  treasury  of  the  local  government  in  which such
    46  violation occurred, unless: (i) the county is administering and  enforc-
    47  ing  the  uniform  fire  prevention  and  building code and state energy
    48  conservation construction code in such local government as  provided  by
    49  subdivision  two  or  four  of  section three hundred eighty-one of this
    50  article, in which case such fines and penalties collected in cases aris-
    51  ing out of the violation of this section shall be paid at least  monthly
    52  into  the treasury of the county, (ii) an adjoining or reasonably proxi-
    53  mate local government is administering and enforcing  the  uniform  fire
    54  prevention  and building code and state energy conservation construction
    55  code in such local government as provided by subdivision four of section
    56  three hundred eighty-one of this article, in which case such  fines  and

        S. 9440                            10

     1  penalties  collected  in  cases  arising  out  of  the violation of this
     2  section shall be paid at least monthly into the treasury of such adjoin-
     3  ing or reasonably proximate local government, or (iii) the secretary  is
     4  administering  and  enforcing  the  uniform fire prevention and building
     5  code and state energy  conservation  construction  code  in  such  local
     6  government  as  provided  by  subdivision  two  or four of section three
     7  hundred eighty-one of this article, in which case such fines and  penal-
     8  ties  collected  in  cases  arising out of the violation of this section
     9  shall be paid at least monthly into  the  general  fund  established  by
    10  section  seventy-two  of  the state finance law. Where two or more local
    11  governments have provided for joint administration  and  enforcement  of
    12  the  uniform  code,  the state energy conservation construction code, or
    13  both, by agreement pursuant to article five-G of the  general  municipal
    14  law,  such local governments may provide in such agreement for a differ-
    15  ent distribution of such fines.
    16    (b) The civil penalties provided in subdivision four of  this  section
    17  may be recovered in an appropriate action or proceeding commenced by the
    18  local government, county, or state agency responsible for administration
    19  and  enforcement  of  the uniform code with respect to the building that
    20  was altered in violation of any provision of the  uniform  code  or  any
    21  lawful  order  obtained  under  this article, under the uniform code, or
    22  under the applicable code enforcement program, and shall be  payable  to
    23  the  treasury  of such local government, the treasury of such county, or
    24  the general fund of the state of New York, as applicable.
    25    § 4. Subdivision 14 of section 11-102 of the energy law, as amended by
    26  chapter 560 of the laws of 2010, is amended to read as follows:
    27    14. "Residential building." Any building which is designed or is to be
    28  used primarily as a dwelling or household as defined by the  state  fire
    29  prevention and building code council, including any factory manufactured
    30  home  as  defined  in  subdivision  [eight] ten of section three hundred
    31  seventy-two of the executive law and  any  mobile  home  as  defined  in
    32  subdivision  [thirteen]  fifteen of section three hundred seventy-two of
    33  the executive law.
    34    § 5. This act shall take effect immediately.
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