Bill Text: NY S00291 | 2015-2016 | 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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S00291 Detail]

Download: New_York-2015-S00291-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        291--B
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Housing, Construction  and
         Community  Development  -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said  committee  --  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. [Any person, having been served, either personally or by registered
    5  or  certified mail, with an order to remedy any condition found to exist
    6  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]
   11    (A) ANY PERSON, LIMITED LIABILITY COMPANY, LIMITED LIABILITY  PARTNER-
   12  SHIP,  OR  CORPORATION  OWNING,  IN CONTROL OF, AGENT FOR, TENANT OF, OR
   13  OTHERWISE RESPONSIBLE FOR A PROPERTY OR BUILDING,  HAVING  BEEN  SERVED,
   14  EITHER  PERSONALLY  OR  PURSUANT  TO  SUBDIVISION  FOUR OF SECTION THREE
   15  HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND  RULES,  WITH  AN  ORDER  TO
   16  REMEDY ANY CONDITION FOUND TO EXIST IN, ON, OR ABOUT THE PROPERTY OR ANY
   17  BUILDING ON THE PROPERTY IN VIOLATION OF THE UNIFORM FIRE PREVENTION AND
   18  BUILDING CODE, WHO FAILS TO COMPLY WITH SUCH ORDER WITHIN THE TIME STAT-
   19  ED  THEREIN  OR  any  owner,  builder, PROPERTY MANAGER, PROPERTY AGENT,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02150-05-5
       S. 291--B                           2
    1  architect, tenant, contractor, subcontractor,  construction  superinten-
    2  dent  or  their  agents or any other person [taking part or assisting in
    3  the construction of any building], LIMITED  LIABILITY  COMPANY,  LIMITED
    4  LIABILITY  PARTNERSHIP,  OR  CORPORATION  PARTICIPATING  OR ASSISTING IN
    5  EITHER THE CONSTRUCTION OF ANY BUILDING OR THE MAINTENANCE, CONTROL,  OR
    6  OVERSIGHT  OF  A  PROPERTY  OR  BUILDING who [shall] knowingly [violate]
    7  VIOLATES any of the applicable provisions of the  uniform  code  or  any
    8  lawful order of a local government, a county or the secretary made ther-
    9  eunder  regarding  standards  for  construction,  maintenance,  or  fire
   10  protection [equipment and systems, shall be], IS GUILTY OF  A  MISDEMEA-
   11  NOR,  punishable by a fine of not more than one thousand dollars per day
   12  of violation, or imprisonment not exceeding one year, or both.
   13    (B) ANY PERSON, LIMITED LIABILITY COMPANY, LIMITED LIABILITY  PARTNER-
   14  SHIP  OR  CORPORATION  WHO OWNS, IS IN CONTROL OF, IS AN AGENT FOR, IS A
   15  TENANT OF, OR IS OTHERWISE  RESPONSIBLE  FOR  A  PROPERTY  OR  BUILDING,
   16  HAVING BEEN SERVED, EITHER PERSONALLY OR PURSUANT TO SUBDIVISION FOUR OF
   17  SECTION THREE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES, WITH AN
   18  ORDER  TO REMEDY ANY CONDITION FOUND TO EXIST IN, ON, OR ABOUT THE PROP-
   19  ERTY OR ANY BUILDING ON THE PROPERTY IN VIOLATION OF  THE  UNIFORM  FIRE
   20  PREVENTION AND BUILDING CODE, WHO FAILS TO COMPLY WITH SUCH ORDER WITHIN
   21  THE TIME STATED THEREIN OR ANY OWNER, BUILDER, PROPERTY MANAGER, PROPER-
   22  TY  AGENT,  ARCHITECT,  TENANT,  CONTRACTOR, SUBCONTRACTOR, CONSTRUCTION
   23  SUPERINTENDENT OR THEIR AGENTS OR ANY OTHER  PERSON,  LIMITED  LIABILITY
   24  COMPANY,  LIMITED LIABILITY PARTNERSHIP, OR CORPORATION PARTICIPATING OR
   25  ASSISTING IN EITHER THE CONSTRUCTION OF ANY BUILDING OR THE MAINTENANCE,
   26  CONTROL, OR OVERSIGHT OF A PROPERTY OR BUILDING WHO VIOLATES ANY OF  THE
   27  APPLICABLE PROVISIONS OF THE UNIFORM CODE OR ANY LAWFUL ORDER OF A LOCAL
   28  GOVERNMENT,  A  COUNTY OR THE SECRETARY MADE THEREUNDER REGARDING STAND-
   29  ARDS FOR CONSTRUCTION, MAINTENANCE, OR FIRE PROTECTION, IS GUILTY  OF  A
   30  VIOLATION,  PUNISHABLE  BY  A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS
   31  PER DAY OF VIOLATION, OR IMPRISONMENT NOT  EXCEEDING  FIFTEEN  DAYS,  OR
   32  BOTH.
   33    S  2.  This  act shall take effect on the ninetieth day after it shall
   34  have become a law.