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A10806 Summary:

BILL NOA10806
 
SAME ASSAME AS S09660
 
SPONSORMcDonald
 
COSPNSR
 
MLTSPNSR
 
Amd §382, Exec L
 
Expands the number of parties subject to enforcement of violations of the state's uniform fire prevention and building code.
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A10806 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10806
 
                   IN ASSEMBLY
 
                                      April 1, 2026
                                       ___________
 
        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN  ACT to amend the executive law, in relation to the criminal enforce-
          ment of violations of the state's 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.  Subdivision  2  of  section  382 of the executive law, as
     2  amended by chapter 571 of the laws  of  2021,  is  amended  to  read  as
     3  follows:
     4    2. [Any person, having been served, either personally or by registered
     5  or  certified mail, with an order to remedy any condition found to exist
     6  in, on,  or  about  any  building  in  violation  of  the  uniform  fire
     7  prevention  and  building code, who shall fail to comply with such order
     8  within the time fixed by the regulations promulgated  by  the  secretary
     9  pursuant  to subdivision one of section three hundred eighty-one of this
    10  article, such time period to be  stated  in  the  order,  and]  (a)  Any
    11  person,  limited  liability  company,  limited liability partnership, or
    12  corporation owning, in control of, an agent for, a tenant of, or  other-
    13  wise  responsible for a property or building, having been served, either
    14  personally or pursuant to subdivision  four  of  section  three  hundred
    15  eight  of  the civil practice law and rules, with an order to remedy any
    16  condition found to exist in, on, or about the property or  any  building
    17  on the property in violation of the uniform fire prevention and building
    18  code, who fails to comply with such order within the time stated therein
    19  or  any  owner,  builder,  property  manager, property agent, architect,
    20  tenant, contractor, subcontractor, construction superintendent or  their
    21  agents or any other person [taking part or assisting in the construction
    22  of  any building], limited liability company, limited liability partner-
    23  ship,  or  corporation  participating  or  assisting   in   either   the
    24  construction  of  any building or the maintenance, control, or oversight
    25  of a property or building who [shall] knowingly [violate]  violates  any
    26  of  the applicable provisions of the uniform code or any lawful order of
    27  a local government, a county or the secretary made thereunder  regarding
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15350-02-6

        A. 10806                            2

     1  standards  for  construction, maintenance, or fire protection [equipment
     2  and systems, shall be] is guilty of a misdemeanor punishable by  a  fine
     3  of not more than one thousand dollars per day of violation, or imprison-
     4  ment  not  exceeding  one year, or both for the first one hundred eighty
     5  days, and for the following one hundred eighty days shall be  punishable
     6  by  a  fine  of no less than twenty-five dollars and not more than [one]
     7  two thousand dollars per day of violation or imprisonment not  exceeding
     8  one  year,  or  both  and thereafter shall be punishable by a fine of no
     9  less than fifty dollars and not more than [one] three  thousand  dollars
    10  per day of violation or imprisonment not exceeding one year, or both.
    11    (b)  Any person, limited liability company, limited liability partner-
    12  ship or corporation owning, in control of, an agent for, a tenant of, or
    13  otherwise responsible for a property or building,  having  been  served,
    14  either  personally  or  pursuant  to  subdivision  four of section three
    15  hundred eight of the civil practice law and  rules,  with  an  order  to
    16  remedy any condition found to exist in, on, or about the property or any
    17  building on the property in violation of the uniform fire prevention and
    18  building code, who fails to comply with such order within the time stat-
    19  ed  therein  or  any  owner,  builder, property manager, property agent,
    20  architect, tenant, contractor, subcontractor,  construction  superinten-
    21  dent  or  their  agents  or any other person, limited liability company,
    22  limited liability partnership, or corporation participating or assisting
    23  in either the construction of any building or the maintenance,  control,
    24  or  oversight of a property or building who violates any of the applica-
    25  ble provisions of the uniform code  or  any  lawful  order  of  a  local
    26  government,  a  county or the secretary made thereunder regarding stand-
    27  ards for construction, maintenance, or fire protection, is guilty  of  a
    28  violation,  punishable  by  a fine of not more than one thousand dollars
    29  per day of violation, or imprisonment not  exceeding  fifteen  days,  or
    30  both.
    31    §  2.  This  act shall take effect on the ninetieth day after it shall
    32  have become a law.
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