S07300 Summary:

BILL NOS07300B
 
SAME ASSAME AS A09631-B
 
SPONSORSKOUFIS
 
COSPNSRBIAGGI, KAVANAGH, RIVERA
 
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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S07300 Actions:

BILL NOS07300B
 
01/16/2020REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
02/07/2020AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
02/07/2020PRINT NUMBER 7300A
02/11/2020REPORTED AND COMMITTED TO RULES
02/11/2020ORDERED TO THIRD READING CAL.396
02/25/2020AMENDED ON THIRD READING 7300B
03/04/2020PASSED SENATE
03/04/2020DELIVERED TO ASSEMBLY
03/04/2020referred to governmental operations
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S07300 Committee Votes:

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S07300 Floor Votes:

There are no votes for this bill in this legislative session.
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S07300 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7300--B
            Cal. No. 396
 
                    IN SENATE
 
                                    January 16, 2020
                                       ___________
 
        Introduced  by Sens. SKOUFIS, BIAGGI, KAVANAGH, RIVERA -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Housing,   Construction   and   Community   Development  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  reported  favorably  from  said  committee  and
          committed  to  the  Committee  on Rules -- 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 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 of
    11  the legislative body of the local government or  county  whose  adminis-
    12  tration 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-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14489-09-0

        S. 7300--B                          2
 
     1  tary  shall  investigate and may conduct hearings in accordance with the
     2  provisions of this subdivision.  The secretary shall not begin an inves-
     3  tigation into a local government under this paragraph unless  the  local
     4  government  received a copy of the official notice and has had one month
     5  to respond to the official notice and submit such response to the secre-
     6  tary.
     7    4. If the secretary determines that a local government has  failed  to
     8  administer  and enforce the uniform fire prevention and building code in
     9  accordance with the minimum standards promulgated pursuant  to  subdivi-
    10  sion  one of this section, the secretary shall take any of the following
    11  actions, either individually or in combination in any sequence:
    12    a. The secretary may issue an  order  compelling  compliance  by  such
    13  local  government  with the standards for administration and enforcement
    14  of the uniform code.
    15    b. The secretary may ask the attorney general to institute in the name
    16  of the secretary an action or proceeding seeking  appropriate  legal  or
    17  equitable  relief  to  require  such  local government to administer and
    18  enforce the uniform code.
    19    c. [the] The secretary may designate the county in  which  such  local
    20  government is located to administer and enforce the uniform code in such
    21  local  government.  In  the  case of such designation, the provisions of
    22  subdivision five of this section shall apply.
    23    d. The secretary may, in the place and stead of the local  government,
    24  administer  and  enforce the uniform code in accordance with the minimum
    25  standards promulgated pursuant to subdivision one of  this  section.  In
    26  such  event,  the  provisions  of subdivision five of this section shall
    27  apply.
    28    e. If the secretary finds that the local government is incapable of or
    29  unwilling to administer and enforce the uniform  code  pursuant  to  the
    30  minimum  standards  and  the  secretary's  investigation  of  such local
    31  government was initiated by an official notice from the county in  which
    32  such  local  government is located, and if the county has requested that
    33  the secretary designate the county to administer and enforce the uniform
    34  code in such local government, the secretary shall designate the  county
    35  in  which such local government is located to administer and enforce the
    36  uniform code in such local government unless the  secretary  finds  that
    37  the county would be incapable of assuming the responsibilities.
    38    §  2.  Subdivision 5 of section 381 of the executive law is amended by
    39  adding a new paragraph e to read as follows:
    40    e. After at least eighteen months from  such  designation,  the  local
    41  government  may petition the secretary to reassume authority for uniform
    42  fire prevention and building code enforcement. To reassume authority for
    43  uniform fire prevention and building code enforcement, the local govern-
    44  ment shall demonstrate to the satisfaction of  the  secretary  that  the
    45  conditions  which led to its prior failure to provide administration and
    46  enforcement of the  uniform  fire  prevention  and  building  code  that
    47  complies  with the minimum standards promulgated pursuant to subdivision
    48  one of this section are no longer present and that it will  be  able  to
    49  properly administer and enforce the code.
    50    § 3. This act shall take effect immediately.
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