Relates to the content of rules and regulations to be promulgated by the Secretary of State with respect to minimum staffing levels for agencies enforcing the minimum standards under the New York State Uniform Fire Prevention and Building Code Act.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8586
SPONSOR: Carroll P TITLE OF BILL:
An act to amend the executive law, in relation to minimum staffing
levels for agencies enforcing the minimum standards under the New York
State Uniform Fire Prevention and Building Code Act
PURPOSE OR GENERAL IDEA OF BILL:
This bill would require that staffing levels are sufficient to ensure
enforcement of the New York State Uniform Fire Prevention and Building
Code Act.
SUMMARY OF PROVISIONS:
Section one of the bill is the legislative intent.
Section two of the bill amends subdivision 1 of section 381 of the exec-
utive law as it relates to the number and qualifications of staff.
Section three of the bill relates to the effective date.
JUSTIFICATION:
The New York State Uniform Fire Prevention and Building Code Act ensures
a minimum level of protection of the hazards of fires for building occu-
pants and those who otherwise enter, such as first responders. In some
jurisdictions, the agencies responsible for enforcement of these stand-
ards are understaffed and unable to perform required inspections, which
has led to ineffective enforcement of the act. This bill would ensure
that there are adequate staffing levels to enforce the provisions of the
New York State Uniform Fire Prevention and Building Code Act.
PRIOR LEGISLATIVE HISTORY:
A.8616/S.8598 of 2024.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
8586
2025-2026 Regular Sessions
IN ASSEMBLY
May 21, 2025
___________
Introduced by M. of A. P. CARROLL -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to minimum staffing
levels for agencies enforcing the minimum standards under the New York
State Uniform Fire Prevention and Building Code Act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature enacted the New York
2 State Uniform Fire Prevention and Building Code Act ("the Act") to
3 prevent loss of life, injury to persons, and damage to property as a
4 result of fire and to provide a basic level of protection to which the
5 people are entitled in connection with the construction and maintenance
6 of buildings. These people include, importantly, the first responders:
7 firefighters, police, and EMTs, who are required to enter structures
8 with which they are unfamiliar and sometimes navigate them in hazardous
9 conditions such as smoke and fire.
10 The legislature has further determined it to be a public policy that
11 there must be a minimum level of protection from the hazards of fire,
12 and a uniform set of minimum standards across the state.
13 Also, the legislature has determined that local governments should
14 exercise their full powers to administer and enforce the uniform code.
15 It has, however, come to the attention of the legislature, that in
16 some jurisdictions, the agencies responsible for enforcement of the
17 minimum standards are understaffed and cannot keep up with the mandatory
18 inspections and inspections related to complaints, and the issuance of
19 building permits and the follow up inspections and enforcement actions
20 needed to implement the Act. Failure to have adequate staffing has led
21 to ineffective enforcement of the Act and increases in the dangers the
22 Act is intended to prevent.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11166-01-5
A. 8586 2
1 § 2. Paragraph b of subdivision 1 of section 381 of the executive law,
2 as amended by chapter 560 of the laws of 2010, is amended to read as
3 follows:
4 b. [number and qualifications of staff, including requirements that
5 inspectors be certified pursuant to this chapter,] commencing January
6 first, two thousand twenty-six, and every subsequent third year, setting
7 the number and qualifications of staff, including requirements that
8 inspectors be certified pursuant to this article, for each local govern-
9 ment's inspectors, deputy fire inspectors, plan reviewers, certified
10 enforcement officials, fire inspectors or other relevant personnel, in
11 any local government charged with administration and enforcement of the
12 uniform building and fire prevention code, sufficient to ensure adequate
13 compliance with this article based upon an index or calculation that
14 takes into account the average number of the following within the state
15 agency's jurisdiction, for each calendar year over the prior three
16 years:
17 i. structures subject to fire safety, property maintenance, or
18 special inspections;
19 ii. fire safety, property maintenance, or special inspections
20 performed;
21 iii. commercial and residential building permit applications received,
22 reviewed, and approved or denied;
23 iv. operating permits received, reviewed, and approved or denied;
24 v. construction or operating inspections performed;
25 vi. plans, specifications, and construction documents approved;
26 vii. notices of violation and individual violations issued;
27 viii. unsafe structures declared;
28 ix. fire or explosion notifications received; and
29 x. enforcement actions, civil or criminal, commenced in any court or
30 tribunal.
31 § 3. This act shall take effect on the sixtieth day after it shall
32 have become a law. Effective immediately, the addition, amendment
33 and/or repeal of any rule or regulation necessary for the implementation
34 of this act on its effective date are authorized to be made and
35 completed on or before such effective date.
