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S04535 Summary:

BILL NOS04535
 
SAME ASNo Same As
 
SPONSORSKOUFIS
 
COSPNSRADDABBO, HARCKHAM, JACKSON, KAVANAGH, RIVERA, SEPULVEDA, WEBB, WEBER
 
MLTSPNSR
 
Amd §381, Exec L
 
Relates to conducting investigations into the administration and enforcement of the New York state uniform fire prevention and building code and the New York state energy conservation construction code by counties.
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S04535 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4535
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 6, 2025
                                       ___________
 
        Introduced  by  Sens.  SKOUFIS,  ADDABBO,  HARCKHAM,  JACKSON, KAVANAGH,
          RIVERA, SEPULVEDA, WEBB, WEBER -- 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 conducting investi-
          gations into the administration and enforcement of the New York  state
          uniform fire prevention and building code and the New York state ener-
          gy conservation construction code
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 3 and 4 of section 381 of the  executive  law,
     2  as  added  by  chapter  707  of the laws of 1981, are amended to read as
     3  follows:
     4    3. a. On and after the first day of  July,  nineteen  hundred  eighty-
     5  five, the secretary shall have power to investigate and conduct hearings
     6  relative  to  whether administration and enforcement of the uniform fire
     7  prevention and building code complies with the minimum standards promul-
     8  gated pursuant to subdivision one of this section.  At  least  ten  days
     9  written  notice of any such hearing shall be provided to the elective or
    10  appointive chief executive officer or, if there be none, the  [chairman]
    11  chair  of  the  legislative body of the local government or county whose
    12  administration and enforcement of the uniform code is at issue.
    13    b. If the secretary receives from any county, official notice, in  the
    14  form of a resolution, approved by a majority vote by the county legisla-
    15  ture,  board  of supervisors, or board of legislatures and then approved
    16  by the county executive, where the county has a county executive,  which
    17  explains  the  basis  of the request, that a local government within the
    18  county is not providing administration and enforcement  of  the  uniform
    19  fire  prevention and building code that complies with the minimum stand-
    20  ards promulgated pursuant to subdivision one of this section, the secre-
    21  tary shall investigate and may conduct hearings in accordance  with  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08465-01-5

        S. 4535                             2
 
     1  provisions of this subdivision.  The secretary shall not begin an inves-
     2  tigation  into  a local government under this paragraph unless the local
     3  government received a copy of the official notice and has had one  month
     4  to respond to the official notice and submit such response to the secre-
     5  tary.
     6    4.  If  the secretary determines that a local government has failed to
     7  administer and enforce the uniform fire prevention and building code  in
     8  accordance  with  the minimum standards promulgated pursuant to subdivi-
     9  sion one of this section, the secretary shall take any of the  following
    10  actions, either individually or in combination in any sequence:
    11    a.  The  secretary  may  issue  an order compelling compliance by such
    12  local government with the standards for administration  and  enforcement
    13  of the uniform code.
    14    b. The secretary may ask the attorney general to institute in the name
    15  of  the  secretary  an action or proceeding seeking appropriate legal or
    16  equitable relief to require such  local  government  to  administer  and
    17  enforce the uniform code.
    18    c.  [the]  The  secretary may designate the county in which such local
    19  government is located to administer and enforce the uniform code in such
    20  local government. In the case of such  designation,  the  provisions  of
    21  subdivision five of this section shall apply.
    22    d.  The secretary may, in the place and stead of the local government,
    23  administer and enforce the uniform code in accordance with  the  minimum
    24  standards  promulgated  pursuant  to subdivision one of this section. In
    25  such event, the provisions of subdivision five  of  this  section  shall
    26  apply.
    27    e. If the secretary finds that the local government is incapable of or
    28  unwilling  to  administer  and  enforce the uniform code pursuant to the
    29  minimum standards  and  the  secretary's  investigation  of  such  local
    30  government  was initiated by an official notice from the county in which
    31  such local government is located, and if the county has  requested  that
    32  the secretary designate the county to administer and enforce the uniform
    33  code  in such local government, the secretary shall designate the county
    34  in which such local government is located to administer and enforce  the
    35  uniform  code  in  such local government unless the secretary finds that
    36  the county would be incapable of assuming the responsibilities.
    37    § 2. Subdivision 5 of section 381 of the executive law is  amended  by
    38  adding a new paragraph e to read as follows:
    39    e.  After  at  least  eighteen months from such designation, the local
    40  government may petition the secretary to reassume authority for  uniform
    41  fire prevention and building code enforcement. To reassume authority for
    42  uniform fire prevention and building code enforcement, the local govern-
    43  ment  shall  demonstrate  to  the satisfaction of the secretary that the
    44  conditions which led to its prior failure to provide administration  and
    45  enforcement  of  the  uniform  fire  prevention  and  building code that
    46  complies with the minimum standards promulgated pursuant to  subdivision
    47  one  of  this  section are no longer present and that it will be able to
    48  properly administer and enforce the code.
    49    § 3. This act shall take effect immediately.
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