STATE OF NEW YORK
________________________________________________________________________
6154--A
2015-2016 Regular Sessions
IN ASSEMBLY
March 16, 2015
___________
Introduced by M. of A. SCHIMEL, JAFFEE, ENGLEBRIGHT, FINCH, COOK,
MONTESANO, McKEVITT -- Multi-Sponsored by -- M. of A. CLARK -- 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 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 135 of the laws of 1997, 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]
11 (a) Any person, limited liability company, limited liability partner-
12 ship, or corporation owning, in control of, agent for, 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 [taking part or assisting in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02150-04-5
A. 6154--A 2
1 the construction of any building], limited liability company, limited
2 liability partnership, or corporation participating or assisting in
3 either the construction of any building or the maintenance, control, or
4 oversight of a property or building who [shall] knowingly [violate]
5 violates any of the applicable provisions of the uniform code or any
6 lawful order of a local government, a county or the secretary made ther-
7 eunder regarding standards for construction, maintenance, or fire
8 protection [equipment and systems, shall be], is guilty of a misdemea-
9 nor, punishable by a fine of not more than one thousand dollars per day
10 of violation, or imprisonment not exceeding one year, or both.
11 (b) Any person, limited liability company, limited liability partner-
12 ship or corporation who owns, is in control of, is an agent for, is a
13 tenant of, or is otherwise responsible for a property or building,
14 having been served, either personally or pursuant to subdivision four of
15 section three hundred eight of the civil practice law and rules, with an
16 order to remedy any condition found to exist in, on, or about the prop-
17 erty or any building on the property in violation of the uniform fire
18 prevention and building code, who fails to comply with such order within
19 the time stated therein or any owner, builder, property manager, proper-
20 ty agent, architect, tenant, contractor, subcontractor, construction
21 superintendent or their agents or any other person, limited liability
22 company, limited liability partnership, or corporation participating or
23 assisting in either the construction of any building or the maintenance,
24 control, or oversight of a property or building who violates any of the
25 applicable 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.
