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A03126 Summary:

BILL NOA03126A
 
SAME ASSAME AS S06368-A
 
SPONSORLunsford
 
COSPNSRMcDonald, Carroll P, Glick, Griffin
 
MLTSPNSR
 
Amd §§381 & 382, Exec L
 
Requires that when a complaint is made to local code enforcement of a violation of the uniform fire prevention and building code or a local code which results in the issuance of a compliance order, the complainant shall also be provided a copy of such order.
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A03126 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3126--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2025
                                       ___________
 
        Introduced by M. of A. LUNSFORD, McDONALD, P. CARROLL, GLICK, GRIFFIN --
          read  once and referred to the Committee on Governmental Operations --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN  ACT to amend the executive law, in relation to requiring that when a
          complaint is made to local code enforcement  of  a  violation  of  the
          uniform  fire  prevention  and  building  code or local building codes
          which results in the issuance of a compliance order,  the  complainant
          shall also be provided a copy of such order
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs h and i of subdivision 1 of section 381  of  the
     2  executive  law, as added by chapter 560 of the laws of 2010, are amended
     3  and a new paragraph j is added to read as follows:
     4    h. minimum basic training and  in-service  training  requirements  for
     5  personnel charged with administration and enforcement of the state ener-
     6  gy conservation construction code; [and]
     7    i.  standards and procedures for measuring the rate of compliance with
     8  the state energy conservation construction code, and provisions  requir-
     9  ing that such rate of compliance be measured on an annual basis[.];
    10    j.  in  the  event  a  complaint  is made to a local government or the
    11  secretary which results in the issuance of an order in  accordance  with
    12  any  regulations  promulgated  by  the  powers  granted by section three
    13  hundred seventy-seven of this article or section three hundred  seventy-
    14  nine  of  this article to remedy any condition found to exist in, on, or
    15  about any building in violation of any regulations  promulgated  by  the
    16  powers granted by section three hundred seventy-seven of this article or
    17  section  three  hundred  seventy-nine of this article, providing of such
    18  order in person or by registered or certified mail  to  the  complainant
    19  who initially reported such violation.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04349-02-5

        A. 3126--A                          2
 
     1    §  2. Paragraphs i and j of subdivision 1 of section 381 of the execu-
     2  tive law, paragraph i as amended and paragraph j as added by  section  3
     3  of part T of chapter 57 of the laws of 2023, are amended and a new para-
     4  graph k is added to read as follows:
     5    i.  standards and procedures for measuring the rate of compliance with
     6  the state energy conservation construction code, and provisions  requir-
     7  ing that such rate of compliance be measured on an annual basis; [and]
     8    j.  procedures  requiring  the  documentation of compliance with regu-
     9  lations adopted pursuant to section thirteen  hundred  seventy-seven  of
    10  the  public  health  law  as a condition to issuance of a certificate of
    11  occupancy or certificate of compliance following a periodic fire  safety
    12  and property maintenance inspection for multiple dwellings[.];
    13    k.  in  the  event  a  complaint  is made to a local government or the
    14  secretary which results in the issuance of an order in  accordance  with
    15  any  regulations  promulgated  by  the  powers  granted by section three
    16  hundred seventy-seven of this article or section three hundred  seventy-
    17  nine  of  this article to remedy any condition found to exist in, on, or
    18  about any building in violation of any regulations  promulgated  by  the
    19  powers granted by section three hundred seventy-seven of this article or
    20  section  three  hundred  seventy-nine of this article, providing of such
    21  order in person or by registered or certified mail  to  the  complainant
    22  who initially reported such violation.
    23    §  3.  Subdivision  1 of section 382 of the executive law, as added by
    24  chapter 707 of the laws of 1981, is amended to read as follows:
    25    1. In addition to and not in limitation of any power otherwise granted
    26  by law, every local government and its authorized agents shall have  the
    27  power  to order in writing the remedying of any condition found to exist
    28  in, on or about any building in violation of the uniform fire prevention
    29  and building code and to issue appearance tickets for violations of  the
    30  uniform code.  A copy of an order served pursuant to this subdivision or
    31  any  regulations  promulgated  by  the  powers  granted by section three
    32  hundred seventy-seven of this article or section three hundred  seventy-
    33  nine  of this article shall also be provided to a complainant in accord-
    34  ance with the rules and regulations established under the powers granted
    35  by section three hundred seventy-seven of this article or section  three
    36  hundred  seventy-nine of this article, pursuant to paragraph k of subdi-
    37  vision one of section three hundred eighty-one of this article, if  such
    38  order was issued as a result of a complaint made by an individual.
    39    §  4.  This act shall take effect immediately; provided, however, that
    40  section two of this act shall take effect on the same date  and  in  the
    41  same  manner  as  section 3 of part T of chapter 57 of the laws of 2023,
    42  takes effect.
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