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S06368 Summary:

BILL NOS06368B
 
SAME ASSAME AS A03126-B
 
SPONSORSKOUFIS
 
COSPNSR
 
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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S06368 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6368--B
            Cal. No. 236
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 11, 2025
                                       ___________
 
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community  Development  --  reported  favorably  from  said committee,
          ordered to first and  second  report,  ordered  to  a  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading -- recommitted to the Committee on Housing, Construction
          and Community Development in accordance with Senate Rule 6, sec. 8  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04349-04-6

        S. 6368--B                          2
 
     1  about any building in violation of any regulations  promulgated  by  the
     2  powers granted by section three hundred seventy-seven of this article or
     3  section  three  hundred  seventy-nine of this article, providing of such
     4  order  in  person  or by registered or certified mail to the complainant
     5  who initially reported such violation.
     6    § 2. Paragraphs i and j of subdivision 1 of section 381 of the  execu-
     7  tive  law,  paragraph i as amended and paragraph j as added by section 3
     8  of part T of chapter 57 of the laws of 2023, are amended and a new para-
     9  graph k is added to read as follows:
    10    i. standards and procedures for measuring the rate of compliance  with
    11  the  state energy conservation construction code, and provisions requir-
    12  ing that such rate of compliance be measured on an annual basis; [and]
    13    j. procedures requiring the documentation  of  compliance  with  regu-
    14  lations  adopted  pursuant  to section thirteen hundred seventy-seven of
    15  the public health law as a condition to issuance  of  a  certificate  of
    16  occupancy  or certificate of compliance following a periodic fire safety
    17  and property maintenance inspection for multiple dwellings[.];
    18    k. in the event a complaint is made  to  a  local  government  or  the
    19  secretary  which  results in the issuance of an order in accordance with
    20  any regulations promulgated by  the  powers  granted  by  section  three
    21  hundred  seventy-seven of this article or section three hundred seventy-
    22  nine of this article to remedy any condition found to exist in,  on,  or
    23  about  any  building  in violation of any regulations promulgated by the
    24  powers granted by section three hundred seventy-seven of this article or
    25  section three hundred seventy-nine of this article,  providing  of  such
    26  order  in  person  or by registered or certified mail to the complainant
    27  who initially reported such violation.
    28    § 3. Subdivision 1 of section 382 of the executive law,  as  added  by
    29  chapter 707 of the laws of 1981, is amended to read as follows:
    30    1. In addition to and not in limitation of any power otherwise granted
    31  by  law, every local government and its authorized agents shall have the
    32  power to order in writing the remedying of any condition found to  exist
    33  in, on or about any building in violation of the uniform fire prevention
    34  and  building code and to issue appearance tickets for violations of the
    35  uniform code.  A copy of an order served pursuant to this subdivision or
    36  any regulations promulgated by  the  powers  granted  by  section  three
    37  hundred  seventy-seven of this article or section three hundred seventy-
    38  nine of this article shall also be provided to a complainant in  accord-
    39  ance with the rules and regulations established under the powers granted
    40  by  section three hundred seventy-seven of this article or section three
    41  hundred seventy-nine of this article, pursuant to paragraph k of  subdi-
    42  vision  one of section three hundred eighty-one of this article, if such
    43  order was issued as a result of a complaint made by an individual.
    44    § 4. This act shall take effect on the one hundred eightieth day after
    45  it shall have become a law; provided, however, that if section 3 of part
    46  T of chapter 57 of the laws of 2023 shall not have taken  effect  on  or
    47  before  such  date then section two of this act shall take effect on the
    48  same date and in the same manner as such section, takes effect.
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