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.