Bill Text: NY A05617 | 2023-2024 | General Assembly | Introduced

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Bill Title: Expands remedies for violations of New York state uniform fire prevention and building code.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2024-07-15 - enacting clause stricken [A05617 Detail]

Download: New_York-2023-A05617-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5617

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 17, 2023
                                       ___________

        Introduced by M. of A. ZEBROWSKI, STECK, COOK, THIELE, PAULIN, HUNTER --
          Multi-Sponsored  by  --  M.  of  A.  DINOWITZ, RIVERA -- read once and
          referred to the Committee on Governmental Operations

        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.  Subdivision  2  of  section  382 of the executive law, as
     2  amended by chapter 571 of the laws of 2021, is amended and a new  subdi-
     3  vision 2-a is added to read as follows:
     4    2.  Any person, having been served, either personally or by registered
     5  or certified mail, with an order to remedy any condition, other  than  a
     6  condition that is deemed an imminent threat to the safety and welfare of
     7  the  building's  occupants, found to exist in, on, or about any building
     8  in violation of the uniform fire prevention and building code, who shall
     9  fail to comply with such order within the time fixed by the  regulations
    10  promulgated  by  the  secretary  pursuant  to subdivision one of section
    11  three hundred eighty-one of this article, such time period to be  stated
    12  in  the  order,  and  any owner, builder, architect, tenant, contractor,
    13  subcontractor, construction superintendent or their agents or any  other
    14  person  taking part or assisting in the construction of any building who
    15  shall knowingly violate any of the applicable provisions of the  uniform
    16  code  or  any lawful order of a local government, a county or the secre-
    17  tary made thereunder regarding standards for construction,  maintenance,
    18  or  fire protection equipment and systems, shall be punishable by a fine
    19  of not more than one thousand dollars per day of violation, or imprison-
    20  ment not exceeding one year, or both for the first  one  hundred  eighty
    21  days,  and for the following one hundred eighty days shall be punishable
    22  by a fine of no less than twenty-five dollars  and  not  more  than  one
    23  thousand  dollars per day of violation or imprisonment not exceeding one
    24  year, or both and thereafter shall be punishable by a fine  of  no  less

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03905-02-3
        A. 5617                             2

     1  than  fifty  dollars  and  not more than one thousand dollars per day of
     2  violation or imprisonment not exceeding one year, or both.
     3    2-a.  Any  person,  having been served, either personally or by regis-
     4  tered or certified mail, with an order to remedy a condition that is  an
     5  imminent threat to the safety and welfare of the building's occupants as
     6  determined  by  the local government and its authorized agents, found to
     7  exist in, on, or about any building in violation  of  the  uniform  fire
     8  prevention  and  building code, who shall fail to comply with such order
     9  within the time fixed by the regulations promulgated  by  the  secretary
    10  pursuant  to subdivision one of section three hundred eighty-one of this
    11  article, such time period to be stated in  the  order,  and  any  owner,
    12  builder,  architect,  tenant,  contractor,  subcontractor,  construction
    13  superintendent or their agents  or  any  other  person  taking  part  or
    14  assisting  in  the  construction  of  any  building  who shall knowingly
    15  violate any of the applicable provisions of  the  uniform  code  or  any
    16  lawful order of a local government, a county or the secretary made ther-
    17  eunder  regarding  standards  for  construction,  maintenance,  or  fire
    18  protection equipment and systems, shall be punishable by a  fine  of  no
    19  less  than  one  thousand dollars and no more than five thousand dollars
    20  per day of violation or imprisonment not exceeding one  year,  or  both,
    21  for  the  first occurrence of a violation for any building owned by such
    22  person. A person's second violation related to  any  property  owned  by
    23  such  person  for  a  condition that is deemed an imminent threat to the
    24  safety and welfare of the building's occupants, shall be punishable by a
    25  fine no less than five thousand dollars and no more  than  ten  thousand
    26  dollars  per day of violation or imprisonment not exceeding one year, or
    27  both. A person's third violation related to any property owned  by  such
    28  person  for  a condition that is deemed an imminent threat to the safety
    29  and welfare of the building's occupants, shall be punishable by  a  fine
    30  no  less  than ten thousand dollars per day of violation or imprisonment
    31  not exceeding one year, or both.
    32    § 2. This act shall take effect on the first of January next  succeed-
    33  ing the date on which it shall have become a law.