Bill Text: NY A04857 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires notice to be given to the fire department with jurisdiction over a residential building where construction, additions, or modifications will utilize truss type construction.

Spectrum: Slight Partisan Bill (Democrat 12-7)

Status: (Introduced - Dead) 2012-01-04 - referred to governmental operations [A04857 Detail]

Download: New_York-2011-A04857-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4857
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 8, 2011
                                      ___________
       Introduced  by M. of A. SCHIMEL -- read once and referred to the Commit-
         tee on Governmental Operations
       AN ACT to amend the executive law, in relation  to  notice  requirements
         and enforcement for residential buildings with truss type construction
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new section  382-b
    2  to read as follows:
    3    S  382-B.   RESIDENTIAL BUILDINGS WITH TRUSS TYPE CONSTRUCTION; NOTICE
    4  REQUIREMENTS.  1. A. ANY PERSON UTILIZING TRUSS  TYPE  CONSTRUCTION  FOR
    5  THE  ERECTION  OF  ANY NEW RESIDENTIAL STRUCTURE, FOR ANY ADDITION TO AN
    6  EXISTING RESIDENTIAL STRUCTURE, OR FOR ANY REHABILITATION OF AN EXISTING
    7  RESIDENTIAL STRUCTURE, SHALL, UPON APPLICATION  FOR  A  BUILDING  PERMIT
    8  WITH  THE MUNICIPALITY HAVING JURISDICTION, INCLUDE ON THE PERMIT APPLI-
    9  CATION THAT TRUSS TYPE CONSTRUCTION OR LIGHTWEIGHT CONSTRUCTION IS BEING
   10  UTILIZED.
   11    B. UPON APPLICATION FOR A BUILDING PERMIT WITH THE MUNICIPALITY HAVING
   12  JURISDICTION, THE APPLICANT SHALL PROVIDE SUCH MUNICIPALITY A  NOTARIZED
   13  AFFIDAVIT  OF  MAILING  AFFIRMING  THAT  THE  APPLICANT HAS NOTIFIED, BY
   14  CERTIFIED MAIL, THE CHIEF OF THE FIRE DISTRICT HAVING JURISDICTION  OVER
   15  THE STRUCTURE TO BE ERECTED, ADDED TO, OR MODIFIED, OR HIS OR HER DESIG-
   16  NEE,  THAT  TRUSS TYPE CONSTRUCTION OR LIGHTWEIGHT CONSTRUCTION IS BEING
   17  UTILIZED.
   18    2. A. THE CHIEF OF THE FIRE DISTRICT OR ANY ENTITY THAT PROVIDES  FIRE
   19  PROTECTION  HAVING  JURISDICTION  OVER  THE  RESIDENTIAL STRUCTURE TO BE
   20  ERECTED, ADDED TO, OR MODIFIED, OR HIS OR  HER  DESIGNEE  SHALL  CONSULT
   21  WITH  THE  COUNTY FIRE COORDINATOR, LOCAL 911 DISPATCHERS, AND ANY OTHER
   22  PERSON OR ENTITY DEEMED PERTINENT TO DETERMINE THE MANNER SUFFICIENT  TO
   23  WARN  PERSONS  CONDUCTING FIRE CONTROL AND OTHER EMERGENCY OPERATIONS OF
   24  THE EXISTENCE OF TRUSS TYPE CONSTRUCTION IN THE STRUCTURE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07616-03-1
       A. 4857                             2
    1    B. THE CHIEF OF THE FIRE DISTRICT HAVING JURISDICTION OVER  THE  RESI-
    2  DENTIAL  STRUCTURE  TO  BE ERECTED, ADDED TO, OR MODIFIED, OR HIS OR HER
    3  DESIGNEE SHALL USE THE INFORMATION PROVIDED UNDER PARAGRAPH B OF  SUBDI-
    4  VISION  ONE  OF THIS SECTION TO WARN PERSONS CONDUCTING FIRE CONTROL AND
    5  OTHER  EMERGENCY  OPERATIONS OF THE EXISTENCE OF TRUSS TYPE CONSTRUCTION
    6  IN THE STRUCTURE.
    7    3. THE COUNCIL SHALL PROMULGATE RULES AND REGULATIONS IT DEEMS  NECES-
    8  SARY TO CARRY INTO EFFECT THE PROVISIONS OF THIS SECTION.
    9    4. LOCAL GOVERNMENTS SHALL PROVIDE BY LOCAL LAW FOR THE ENFORCEMENT OF
   10  THE  PROVISIONS OF THIS SECTION. LOCAL GOVERNMENTS MAY PROVIDE FOR JOINT
   11  ENFORCEMENT OF THE PROVISIONS OF THIS SECTION BY AGREEMENT  PURSUANT  TO
   12  ARTICLE FIVE-G OF THE GENERAL MUNICIPAL LAW.
   13    5.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CITY WITH A
   14  POPULATION OF ONE MILLION OR MORE PERSONS.
   15    S 2. This act shall take effect on the first of January next  succeed-
   16  ing  the  date  on  which it shall have become a law; provided, however,
   17  that effective immediately, the addition, amendment and/or repeal of any
   18  rule or regulation necessary for the implementation of this act  on  its
   19  effective date is authorized and directed to be made and completed with-
   20  in 180 days after the date on which this act shall have become a law.