STATE OF NEW YORK
________________________________________________________________________
7328
IN SENATE
May 13, 2014
___________
Introduced by Sen. CARLUCCI -- 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 expanding remedies for
violations of New York state 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. Section 382 of the executive law, as added by chapter 707
2 of the laws of 1981, subdivision 2 as amended by chapter 135 of the laws
3 of 1997, is amended to read as follows:
4 § 382. Remedies. 1. In addition to and not in limitation of any power
5 otherwise granted by law, every local government and its authorized
6 agents shall have the power to order in writing the remedying of any
7 condition found to exist in, on or about any building in violation of
8 the uniform fire prevention and building code and to issue appearance
9 tickets for violations of the uniform code.
10 2. Any person, having been served, either personally or by registered
11 or certified mail, with an order to remedy any condition, other than a
12 condition that is deemed an imminent threat to the safety and welfare of
13 the building's occupants, found to exist in, on, or about any building
14 in violation of the uniform fire prevention and building code, who shall
15 fail to comply with such order within the time fixed by the regulations
16 promulgated by the secretary pursuant to subdivision one of section
17 three hundred eighty-one of this article, such time period to be stated
18 in the order, and any owner, builder, architect, tenant, contractor,
19 subcontractor, construction superintendent or their agents or any other
20 person taking part or assisting in the construction of any building who
21 shall knowingly violate any of the applicable provisions of the uniform
22 code or any lawful order of a local government, a county or the secre-
23 tary made thereunder regarding standards for construction, maintenance,
24 or fire protection equipment and systems, shall be punishable by a fine
25 of not more than one thousand dollars per day of violation, or imprison-
26 ment not exceeding one year, or both.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14021-01-4
S. 7328 2
1 3. Any person, having been served, either personally or by registered
2 or certified mail, with an order to remedy a condition that is an immi-
3 nent threat to the safety and welfare of the building's occupants as
4 determined by the local government and its authorized agents, found to
5 exist in, on, or about any building in violation of the uniform fire
6 prevention and building code, who shall fail to comply with such order
7 within the time fixed by the regulations promulgated by the secretary
8 pursuant to subdivision one of section three hundred eighty-one of this
9 article, such time period to be stated in the order, and any owner,
10 builder, architect, tenant, contractor, subcontractor, construction
11 superintendent or their agents or any other person taking part or
12 assisting in the construction of any building who shall knowingly
13 violate any of the applicable provisions of the uniform code or any
14 lawful order of a local government, a county or the secretary made ther-
15 eunder regarding standards for construction, maintenance, or fire
16 protection equipment and systems, shall be punishable by a fine of no
17 less than one thousand dollars and no more than five thousand dollars
18 per day of violation or imprisonment not exceeding one year, or both,
19 for the first occurrence of a violation for any building owned by such
20 person. A person's second violation related to any property owned by
21 such person for a condition that is deemed an imminent threat to the
22 safety and welfare of the building's occupants, shall be punishable by a
23 fine no less than five thousand dollars and no more than ten thousand
24 dollars per day of violation or imprisonment not exceeding one year, or
25 both. A person's third violation related to any property owned by such
26 person for a condition that is deemed an imminent threat to the safety
27 and welfare of the building's occupants, shall be punishable by a fine
28 no less than ten thousand dollars per day of violation or imprisonment
29 not exceeding one year, or both.
30 4. Where the construction or use of a building is in violation of any
31 provision of the uniform code or any lawful order obtained thereunder, a
32 justice of the supreme court at a special term in the judicial district
33 in which the building is located, may order the removal of the building
34 or an abatement of the condition in violation of such provisions. An
35 application for such relief may be made by the secretary, an appropriate
36 municipal officer, or any other person aggrieved by the violation.
37 § 2. This act shall take effect on the first of January next succeed-
38 ing the date on which it shall have become a law.
