Relates to application of the state uniform fire prevention and building code and relevant local building and fire regulations; directs OGS to implement a phase-in of compliance.
STATE OF NEW YORK
________________________________________________________________________
5838--B
2019-2020 Regular Sessions
IN SENATE
May 15, 2019
___________
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development -- recommitted to the Committee on Housing,
Construction and Community Development in accordance with Senate Rule
6, sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the executive law, in relation to application of the
state uniform fire prevention and building code and relevant local
building and fire regulations to certain premises
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 383 of the executive law is amended by adding a new
2 subdivision 5 to read as follows:
3 5. Notwithstanding any provision of law to the contrary, the building
4 and fire regulations generally applicable in any village, town, city, or
5 county within the state shall apply to all buildings and structures
6 owned by or in which space is leased by state agencies and covered
7 authorities, as such terms are defined in section two-a of the state
8 finance law, in such village, town, city, or county irrespective of when
9 such buildings or structures were built or put into service. For the
10 purpose of this subdivision, the building and fire regulations generally
11 applicable shall mean the relevant local building and fire regulations
12 enacted or adopted by a local government that are in effect pursuant to
13 paragraph c of subdivision one of this section or section three hundred
14 seventy-nine of this article or, where no such local building and fire
15 regulations are in effect, the code. Existing buildings and structures
16 constructed before the effective date of this subdivision shall be
17 subject to the building and fire regulations generally applicable pursu-
18 ant to a staged plan developed by the office of general services, which
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11518-05-0
S. 5838--B 2
1 may provide for compliance over a period of not more than five years, or
2 if the office of general services shall determine that there are reasons
3 requiring delay, not more than ten years, unless such building or struc-
4 ture is altered, in which case the building and fire regulations gener-
5 ally applicable shall immediately apply to all alterations to such
6 building or structure. Notwithstanding the foregoing provisions of this
7 subdivision, the legislature may exempt a specific building or struc-
8 ture, which shall be identified by its legal description and street
9 address, if applicable, from any building and fire regulations that
10 would otherwise apply under this subdivision.
11 § 2. This act shall take effect on the one hundred eightieth day after
12 it shall have become a law.