NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5847A
SPONSOR: Sweeney (MS)
 
TITLE OF BILL: An act to amend the executive law, in relation to
violations of the uniform fire prevention and building code
 
PURPOSE OR GENERAL IDEA OF BILL: To subject persons who own buildings
to a civil penalty if a building is constructed or used in violation of
the uniform fire prevention and building code in a manner that impedes
egress during afire or other emergency evacuation.
 
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the executive law to
impose a civil penalty of up to seven thousand five hundred dollars when
the construction or use of a building impedes egress from the building
during a fire or other emergency evacuation.
 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Adds a new subdi-
vision to Section 382 of the executive law.
 
JUSTIFICATION: In recent years, there has been a proliferation of
buildings that have been altered or otherwise used in a manner that
violates the uniform fire prevention and building code in a manner that
impedes egress during a fire or other emergency. In many instances,
these unsafe conditions have resulted in the loss of life to tenants and
other occupants of these buildings. In at least one instance, firefight-
ers became trapped in a burning building when partitions were installed
to create additional living quarters without regard to fire codes. This
bill seeks to enhance penalties that may be imposed for creating these
unsafe conditions,
 
PRIOR LEGISLATIVE HISTORY: A. 10106 of 2012 - Referred to Government
Operations.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None
 
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5847--A
2013-2014 Regular Sessions
IN ASSEMBLY
March 7, 2013
___________
Introduced by M. of A. SWEENEY, ZEBROWSKI, MILLMAN, GALEF, COLTON,
JAFFEE, ROBERTS, HOOPER, SCHIMEL, BRINDISI -- Multi-Sponsored by -- M.
of A. ABINANTI, COOK, CRESPO, GOTTFRIED, MAGEE, MARKEY, ROBINSON,
SCHIMMINGER, THIELE, TITONE, WEISENBERG -- read once and referred to
the Committee on Governmental Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the executive law, in relation to violations of the
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 is amended by adding a new
2 subdivision 4 to read as follows:
3 4. Where a building has been altered in violation of any provision of
4 the uniform code or any lawful order obtained thereunder, and such
5 alteration impedes a person's egress from such building during a fire or
6 other emergency evacuation, the owner of such building who has knowledge
7 of such alteration or should have had knowledge of such alteration shall
8 be subject to a civil penalty of up to seven thousand five hundred
9 dollars.
10 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09561-04-3