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S04938 Summary:

BILL NOS04938
 
SAME ASSAME AS A02128
 
SPONSORCARLUCCI
 
COSPNSRBIAGGI, KAVANAGH, MARTINEZ, METZGER, SKOUFIS
 
MLTSPNSR
 
Amd §382, Exec L
 
Expands remedies for violations of New York state uniform fire prevention and building code.
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S04938 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4938
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      April 1, 2019
                                       ___________
 
        Introduced  by Sen. CARLUCCI -- 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 expanding remedies for
          violations of New York state 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, as added by  chapter  707
     2  of the laws of 1981, subdivision 2 as amended by chapter 135 of the laws
     3  of 1997, is amended to read as follows:
     4    § 382. Remedies.  1. In addition to and not in limitation of any power
     5  otherwise granted by law, every  local  government  and  its  authorized
     6  agents  shall  have  the  power to order in writing the remedying of any
     7  condition found to exist in, on or about any building  in  violation  of
     8  the  uniform  fire  prevention and building code and to issue appearance
     9  tickets for violations of the uniform code.
    10    2. Any person, having been served, either personally or by  registered
    11  or  certified  mail, with an order to remedy any condition, other than a
    12  condition that is deemed an imminent threat to the safety and welfare of
    13  the building's occupants, found to exist in, on, or about  any  building
    14  in violation of the uniform fire prevention and building code, who shall
    15  fail  to comply with such order within the time fixed by the regulations
    16  promulgated by the secretary pursuant  to  subdivision  one  of  section
    17  three  hundred eighty-one of this article, such time period to be stated
    18  in the order, and any owner,  builder,  architect,  tenant,  contractor,
    19  subcontractor,  construction superintendent or their agents or any other
    20  person taking part or assisting in the construction of any building  who
    21  shall  knowingly violate any of the applicable provisions of the uniform
    22  code or any lawful order of a local government, a county or  the  secre-
    23  tary  made thereunder regarding standards for construction, maintenance,
    24  or fire protection equipment and systems, shall be punishable by a  fine
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01593-01-9

        S. 4938                             2
 
     1  of not more than one thousand dollars per day of violation, or imprison-
     2  ment not exceeding one year, or both.
     3    3.  Any person, having been served, either personally or by registered
     4  or certified mail, with an order to remedy a condition that is an  immi-
     5  nent  threat  to  the  safety and welfare of the building's occupants as
     6  determined by the local government and its authorized agents,  found  to
     7  exist  in,  on,  or  about any building in violation of the uniform fire
     8  prevention and building code, who shall fail to comply with  such  order
     9  within  the  time  fixed by the regulations promulgated by the secretary
    10  pursuant to subdivision one of section three hundred eighty-one of  this
    11  article,  such  time  period  to  be stated in the order, and any owner,
    12  builder,  architect,  tenant,  contractor,  subcontractor,  construction
    13  superintendent  or  their  agents  or  any  other  person taking part or
    14  assisting in the  construction  of  any  building  who  shall  knowingly
    15  violate  any  of  the  applicable  provisions of the uniform code or any
    16  lawful order of a local government, a county or the secretary made ther-
    17  eunder  regarding  standards  for  construction,  maintenance,  or  fire
    18  protection  equipment  and  systems, shall be punishable by a fine of no
    19  less than one thousand dollars and no more than  five  thousand  dollars
    20  per  day  of  violation or imprisonment not exceeding one year, or both,
    21  for the first occurrence of a violation for any building owned  by  such
    22  person.  A  person's  second  violation related to any property owned by
    23  such person for a condition that is deemed an  imminent  threat  to  the
    24  safety and welfare of the building's occupants, shall be punishable by a
    25  fine  no  less  than five thousand dollars and no more than ten thousand
    26  dollars per day of violation or imprisonment not exceeding one year,  or
    27  both.  A  person's third violation related to any property owned by such
    28  person for a condition that is deemed an imminent threat to  the  safety
    29  and  welfare  of the building's occupants, shall be punishable by a fine
    30  no less than ten thousand dollars per day of violation  or  imprisonment
    31  not exceeding one year, or both.
    32    4.  Where the construction or use of a building is in violation of any
    33  provision of the uniform code or any lawful order obtained thereunder, a
    34  justice of the supreme court at a special term in the judicial  district
    35  in  which the building is located, may order the removal of the building
    36  or an abatement of the condition in violation  of  such  provisions.  An
    37  application for such relief may be made by the secretary, an appropriate
    38  municipal officer, or any other person aggrieved by the violation.
    39    §  2. This act shall take effect on the first of January next succeed-
    40  ing the date on which it shall have become a law.
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