STATE OF NEW YORK
________________________________________________________________________
9660
IN SENATE
March 31, 2026
___________
Introduced by Sen. FAHY -- 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15350-02-6
S. 9660 2
1 a local government, a county or the secretary made thereunder regarding
2 standards for construction, maintenance, or fire protection [equipment
3 and systems, shall be] is guilty of a misdemeanor punishable by a fine
4 of not more than one thousand dollars per day of violation, or imprison-
5 ment not exceeding one year, or both for the first one hundred eighty
6 days, and for the following one hundred eighty days shall be punishable
7 by a fine of no less than twenty-five dollars and not more than [one]
8 two thousand dollars per day of violation or imprisonment not exceeding
9 one year, or both and thereafter shall be punishable by a fine of no
10 less than fifty dollars and not more than [one] three thousand dollars
11 per day of violation or imprisonment not exceeding one year, or both.
12 (b) Any person, limited liability company, limited liability partner-
13 ship or corporation owning, in control of, an agent for, a tenant of, or
14 otherwise responsible for a property or building, having been served,
15 either personally or pursuant to subdivision four of section three
16 hundred eight of the civil practice law and rules, with an order to
17 remedy any condition found to exist in, on, or about the property or any
18 building on the property in violation of the uniform fire prevention and
19 building code, who fails to comply with such order within the time stat-
20 ed therein or any owner, builder, property manager, property agent,
21 architect, tenant, contractor, subcontractor, construction superinten-
22 dent or their agents or any other person, limited liability company,
23 limited liability partnership, or corporation participating or assisting
24 in either the construction of any building or the maintenance, control,
25 or oversight of a property or building who violates any of the applica-
26 ble provisions of the uniform code or any lawful order of a local
27 government, a county or the secretary made thereunder regarding stand-
28 ards for construction, maintenance, or fire protection, is guilty of a
29 violation, punishable by a fine of not more than one thousand dollars
30 per day of violation, or imprisonment not exceeding fifteen days, or
31 both.
32 § 2. This act shall take effect on the ninetieth day after it shall
33 have become a law.