Bill Text: NY A00645 | 2013-2014 | General Assembly | Amended

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Bill Title: Relates to the criminal enforcement of violations of the state's uniform fire prevention and building code.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Introduced - Dead) 2014-02-20 - print number 645a [A00645 Detail]

Download: New_York-2013-A00645-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        645--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of A. SCHIMEL, JAFFEE, FINCH, ENGLEBRIGHT, McKEVITT,
         MONTESANO, COOK -- Multi-Sponsored by -- M. of A. CLARK, WEISENBERG --
         read once and referred to the Committee on Governmental Operations  --
         recommitted  to the Committee on Governmental Operations in accordance
         with Assembly Rule 3, sec. 2 -- 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. (A). Any person, having been served, either personally or by regis-
    5  tered  or certified mail, with an order to remedy any condition found to
    6  exist 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  any  owner,
   11  builder,  architect,  tenant,  contractor,  subcontractor,  construction
   12  superintendent or their agents  or  any  other  person  taking  part  or
   13  assisting  in  the  construction  of  any  building  who shall knowingly
   14  violate any of the applicable provisions of  the  uniform  code  or  any
   15  lawful order of a local government, a county or the secretary made ther-
   16  eunder  regarding  standards  for  construction,  maintenance,  or  fire
   17  protection equipment and systems, shall be punishable by a fine  of  not
   18  more than one thousand dollars per day of violation, or imprisonment not
   19  exceeding one year, or both.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03347-02-4
       A. 645--A                           2
    1    (B)  ANY PERSON, LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNER-
    2  SHIP, OR CORPORATION OWNING, IN CONTROL OF, AGENT  FOR,  TENANT  OF,  OR
    3  OTHERWISE  RESPONSIBLE  FOR  A PROPERTY OR BUILDING, HAVING BEEN SERVED,
    4  EITHER PERSONALLY OR PURSUANT  TO  SUBDIVISION  FOUR  OF  SECTION  THREE
    5  HUNDRED  EIGHT  OF  THE  CIVIL  PRACTICE LAW AND RULES, WITH AN ORDER TO
    6  REMEDY AN IMMINENT LIFE SAFETY VIOLATION REQUIRING IMMEDIATE CURE, WHICH
    7  IS FOUND TO EXIST IN, ON, OR ABOUT THE PROPERTY OR ANY BUILDING  ON  THE
    8  PROPERTY  IN VIOLATION OF THE UNIFORM FIRE PREVENTION AND BUILDING CODE,
    9  WHO FAILS TO COMPLY WITH SUCH ORDER IMMEDIATELY MAY BE ORDERED TO VACATE
   10  THE PREMISES UNTIL SUCH IMMINENT LIFE SAFETY VIOLATION  IS  RESOLVED  OR
   11  ANY OWNER, BUILDER, PROPERTY MANAGER, PROPERTY AGENT, ARCHITECT, TENANT,
   12  CONTRACTOR,  SUBCONTRACTOR,  CONSTRUCTION SUPERINTENDENT OR THEIR AGENTS
   13  OR ANY OTHER PERSON, LIMITED LIABILITY COMPANY, LIMITED LIABILITY  PART-
   14  NERSHIP,  OR  CORPORATION  PARTICIPATING  OR  ASSISTING  IN  EITHER  THE
   15  CONSTRUCTION OF ANY BUILDING OR THE MAINTENANCE, CONTROL,  OR  OVERSIGHT
   16  OF  A PROPERTY OR BUILDING WHO SHALL KNOWINGLY VIOLATE ANY OF THE APPLI-
   17  CABLE PROVISIONS OF THE UNIFORM CODE OR ANY  LAWFUL  ORDER  OF  A  LOCAL
   18  GOVERNMENT,  A  COUNTY OR THE SECRETARY MADE THEREUNDER REGARDING STAND-
   19  ARDS FOR CONSTRUCTION, MAINTENANCE, OR FIRE PROTECTION, IS GUILTY  OF  A
   20  MISDEMEANOR,  PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS
   21  PER DAY OF VIOLATION, OR IMPRISONMENT NOT EXCEEDING ONE YEAR,  OR  BOTH.
   22  THE COUNCIL SHALL PROMULGATE RULES AND REGULATIONS IT DEEMS NECESSARY TO
   23  CARRY INTO EFFECT THE PROVISION OF THIS SUBDIVISION.
   24    S 2. This act shall take effect on the first of November next succeed-
   25  ing the date on which it shall have become a law.