Relates to the applicability of local building codes to state and state agency owned buildings; requires full compliance upon alteration or if such building ceases to be owned by the state.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7145
SPONSOR: Simone (MS) TITLE OF BILL:
An act to amend the general city law, in relation to the applicability
of local codes in cities with a population of one million or more inhab-
itants
PURPOSE OR GENERAL IDEA OF BILL:
To place all buildings and structures in New York City that are owned,
leased or operated by the state of New York under the jurisdiction of
the New York City Department of Buildings (DOB) and the Fire Department
(FDNY) to the same extent that privately owned buildings and structures
are under the jurisdiction of such agencies.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 provides that the bill shall be known as the "Graffanino and
Beddia Law".
Section 2 amends the general city law by adding a new section 20-h to
require all newly constructed state owned, leased or operated buildings
and structures to comply with the New York City Construction Codes and
DOB Rules (the "DOB Codes") and the New York City Fire Code and FDNY
Rules (the "FDNY Codes"). With respect to.existing buildings and struc-
tures, the bill allows for continued lawful use and occupancy for the
duration of the ownership, lease or operation by the state or state
agency provided the building or structure is operated and maintained in
accordance with the requirements of the DOB Codes and FDNY Codes. If the
building or structure is altered, all alterations would be subject to
the provisions of the DOB. Codes and the FDNY Coded. Additionally,
existing structures will be subject to the DOB Codes' maintenance
requirements, as well as their retroactive requirements pertaining to
fire protection and life safety. The bill further provides that the
State Commissioner of Labor and the City Department of Environmental
Protection (DEP) shall continue to cooperate in providing notification
of and sharing relevant information about asbestos abatement projects in
the City, and cooperate as necessary to further enhance the safety of
such projects.
Section 3 provides for the effective date.
JUSTIFICATION:
In its report and recommendations in 2008, the Mayor's Construction,
Demolition, and Abatement (CDA) Working Group found that the informal
and voluntary nature of compliance with the DOB Codes and FDNY Codes
creates a risk that there is construction, demolition, or other hazard-
ous activity taking place at these properties that the City does not
know about, cannot require building owners to correct, and may not be
prepared to address in the event of an emergency.
Currently; DOB and FDNY have limited enforcement powers over state
building and property owners, depending on the enabling statute of the
state entities. DOB exercises its enforcement powers upon state entities
mainly through the voluntary filing of construction and demolition
projects by those entities. FDNY exercises its enforcement powers mainly
through courtesy inspections and liaison relationships. This bill would
require all buildings and structures located in the City of New York
that are owned, leased or operated by the state of New York be under the
jurisdiction of the New York City Department of Buildings (DOB) and the
Fire Department (FDNY) to the same extent that privately owned buildings
and structures are under the jurisdiction of such agencies.
New York City DEP and State Department of Labor administer the City's
asbestos compliance program and the bill would require continued City-
State cooperation with regard to asbestos abatement projects in the City
to further enhance the safety of such projects. The bill will allow the
DEP and DOB flexibility in devising a procedure to address abatements
issues in potential construction sites. While this legislation would
have an effect on the building owner's day-to-day operations in New York
City, it would do so while enhancing public safety throughout the five
boroughs and merely asking the building owner to do what the City asks
of any and all private building owners in the City.
PRIOR LEGISLATIVE HISTORY:
2009-10: A 8407-A advanced to third reading
2011:A7123 - referred to Cities;
2012:A7123 - held for consideration in Codes
2013:A5342 - referred to Cities;
2014:A5344 - held for consideration in Codes
2015:A3836 - referred to Cities;
2016:A3836 - reported to Ways and Means
2017:A.2934 - referred to Cities;
2018: A. 2934 - referred to Codes
2019-2020: A1524 - referred to Cities Committee
2021-2022: A132 - referred to Cities Committee
FISCAL IMPLICATIONS:
Unknown
EFFECTIVE DATE:
This bill shall take effect 180 days after it becomes law.
STATE OF NEW YORK
________________________________________________________________________
7145
2023-2024 Regular Sessions
IN ASSEMBLY
May 11, 2023
___________
Introduced by M. of A. SIMONE, COLTON -- Multi-Sponsored by -- M. of A.
CARROLL, COOK, GLICK -- read once and referred to the Committee on
Cities
AN ACT to amend the general city law, in relation to the applicability
of local codes in cities with a population of one million or more
inhabitants
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Graffagni-
2 no and Beddia law".
3 § 2. The general city law is amended by adding a new section 20-h to
4 read as follows:
5 § 20-h. Applicability of local codes in cities with a population of
6 one million or more inhabitants. 1. Notwithstanding any provision of
7 general, special or local law to the contrary, in cities with a popu-
8 lation of one million or more inhabitants all buildings and structures
9 owned, leased or operated by the state of New York or a state agency, as
10 that term is defined in section three hundred seventy-two of the execu-
11 tive law, that are not otherwise required to comply with the require-
12 ments of title twenty-eight of the administrative code of the city of
13 New York and the rules and regulations promulgated thereunder (DOB
14 Codes) or title twenty-nine of the administrative code of the city of
15 New York and the rules and regulations promulgated thereunder (FDNY
16 Codes), shall be under the jurisdiction of the department of buildings
17 of such city and the fire department of such city and shall be designed,
18 constructed, operated and maintained, to the extent specified in subdi-
19 visions two, three and four of this section, in compliance with the DOB
20 Codes and the FDNY Codes. The agencies of such city responsible for the
21 enforcement of such laws, rules and regulations are hereby empowered to
22 conduct all inspections authorized by such laws, rules and regulations
23 and enforce such laws, rules and regulations against all such buildings
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07939-01-3
A. 7145 2
1 and structures in the same manner and to the same extent as they would
2 conduct inspections and enforce such laws, rules and regulations against
3 other buildings and structures under their jurisdiction.
4 2. New buildings and structures. All buildings and structures covered
5 by this section and newly constructed after the effective date of this
6 section shall comply with the requirements of the DOB Codes and FDNY
7 Codes. Certificates of occupancy issued to such buildings and structures
8 shall be limited to the duration of ownership by the state of New York
9 or state agency unless compliance with the zoning resolution of a city
10 of one million or more inhabitants is also demonstrated.
11 3. Existing buildings and structures. Existing buildings and struc-
12 tures are those constructed before the effective date of this section.
13 (a) Continuation of lawful use and occupancy. The lawful use and occu-
14 pancy of an existing building or structure may be continued for the
15 duration of the ownership, lease or operation by the state of New York
16 or state agency provided such building or structure is operated and
17 maintained in accordance with the requirements of the FDNY Codes. Such
18 lawful use and occupancy may be continued unless either the building or
19 structure is altered, in which case all alterations to such building or
20 structure shall be subject to the provisions of the DOB Codes and the
21 FDNY Codes.
22 (b) Certificate of occupancy. Existing buildings and structures shall
23 not require a certificate of occupancy issued by the commissioner of
24 buildings of a city with a population of one million or more inhabitants
25 unless and until an alteration requiring a new certificate of occupancy
26 as per the DOB Codes is made. The commissioner of buildings may require
27 the building or structure to be provided with adequate means of egress
28 or fire protection as necessary for the safety of occupants prior to
29 issuing a certificate of occupancy. The commissioner of buildings of
30 such city may restrict the certificate of occupancy issued to such
31 building or structure to the duration of ownership by the state of New
32 York or state agency where the building or structure, although lawfully
33 constructed and altered, is not shown to have complied with the building
34 and zoning laws and rules in effect for buildings within such city when
35 the building or structure was erected, and, where applicable, altered.
36 (c) Places of assembly. (1) For any existing place of assembly that
37 does not have a certificate of operation issued by the commissioner of
38 buildings of a city with a population of one million or more inhabit-
39 ants, a proposed seating arrangement plan shall be filed with and
40 approved by the department of buildings and the fire department of such
41 city before any change is made to either: (A) the existing seating
42 arrangement; (B) type of seating; or (C) interior layout; provided,
43 however, that in reviewing the seating arrangement plan, the department
44 of buildings and the fire department shall not approve hazardous condi-
45 tions or configurations. Such changes shall not require a place of
46 assembly certificate of operation except as provided for in subparagraph
47 two of this paragraph.
48 (2) Existing places of assembly shall not require a place of assembly
49 certificate of operation, provided, however, that upon issuance of a
50 certificate of occupancy for the building or structure containing such
51 place of assembly, a place of assembly certificate of operation shall be
52 obtained within three months thereafter. Upon satisfactory application
53 by the state of New York or state agency according to the requirements
54 and procedures of a city with a population of one million or more inhab-
55 itants, the commissioner of buildings of such city shall issue a certif-
56 icate of operation to any such existing place of assembly, provided it
A. 7145 3
1 substantially complies with the DOB Codes' requirements pertaining to
2 means of egress and fire protection.
3 (d) Maintenance. Existing buildings and structures shall be subject to
4 the maintenance requirements of the DOB Codes, including any required
5 periodic inspections and reports. However, no reports or submissions
6 shall be required of the state of New York or a state agency responsible
7 for the operation and control of such buildings or structures on or
8 before July thirty-first, two thousand twenty-four.
9 (e) Retroactive requirements. Existing buildings and structures shall
10 be subject to all retroactive requirements in the 1968 New York City
11 Building Code and the DOB Codes pertaining to fire protection and life
12 safety, whether or not the deadline to comply with such provisions
13 preceded the effective date of this section. In buildings or structures
14 where the deadline preceded the effective date of this section, such
15 buildings and structures shall have three years to come into compliance.
16 Where the deadline has not yet passed, existing buildings and structures
17 shall have as much time to come into compliance as each such retroactive
18 requirement originally afforded existing buildings when it became effec-
19 tive.
20 4. Department of labor cooperation with department of environmental
21 protection of a city with a population of one million or more inhabit-
22 ants. The commissioner of labor and the commissioner of environmental
23 protection of a city with a population of one million or more inhabit-
24 ants shall cooperate in providing notification of, and sharing relevant
25 information about asbestos abatement projects in such city at all build-
26 ings and structures owned, leased or operated by the state of New York
27 or a state agency, as that term is defined in section three hundred
28 seventy-two of the executive law, and shall otherwise cooperate as
29 necessary, in order to further enhance the safety of such projects.
30 § 3. This act shall take effect on the one hundred eightieth day after
31 it shall have become a law.
