Bill S1189-2015

Expands remedies for violations of New York state uniform fire prevention and building code

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

Details

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  • Jan 9, 2015: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Memo

BILL NUMBER:S1189

TITLE OF BILL: An act to amend the executive law, in relation to expanding remedies for violations of New York state uniform fire prevention and building code

PURPOSE: This bill increases fines for building code violations which creates an immediate threat to the safety and welfare of the building occupants.

SUMMARY OF PROVISIONS:

Section 1. Amends section 382 of the executive law as it relates to increasing the penalties for building code violations when the condition is deemed an imminent threat to the safety and welfare of the building's occupants by the local government. The bill provides for graduated penalties for repeat offenders. A first time violation carries a fine of no less than one thousand dollars and no more than five thousand dollars. A second violation will carry a fine of no less than five thousand dollars and no more than ten thousand dollars. Finally, a third violation will result in a fine that is no less than ten thousand dollars per day of violation or imprisonment not exceeding one year or both.

Section 2. Effective date.

JUSTIFICATION: The current law allows for a wide range of discretion in handing down penalties for failure to correct building code violations. The penalty structure allows for judicial flexibility in order to encourage compliance and avoid large fines. Unfortunately, some violations involve false walls, blocked exits and other circumstances that create an immediate threat to the safety of the occupants and emergency responders. These violations must be taken more seriously in order to deter this conduct. This bill will implement minimum fines for violations that put lives in danger and will make property owners more accountable.

LEGISLATIVE HISTORY:

2014: S7328/A9123 - Housing, Construction & Community Development/Government Operations

FISCAL IMPLICATIONS: Possible increase in revenue to the state.

EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date of which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1189 2015-2016 Regular Sessions IN SENATE January 9, 2015 ___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development 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: Section 1. Section 382 of the executive law, as added by chapter 707 of the laws of 1981, subdivision 2 as amended by chapter 135 of the laws of 1997, is amended to read as follows: S 382. Remedies. 1. In addition to and not in limitation of any power otherwise granted by law, every local government and its authorized agents shall have the power to order in writing the remedying of any condition found to exist in, on or about any building in violation of the uniform fire prevention and building code and to issue appearance tickets for violations of the uniform code. 2. Any person, having been served, either personally or by registered or certified mail, with an order to remedy any condition, OTHER THAN A CONDITION THAT IS DEEMED AN IMMINENT THREAT TO THE SAFETY AND WELFARE OF THE BUILDING'S OCCUPANTS, found to exist in, on, or about any building in violation of the uniform fire prevention and building code, who shall fail to comply with such order within the time fixed by the regulations promulgated by the secretary pursuant to subdivision one of section three hundred eighty-one of this article, such time period to be stated in the order, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction of any building who shall knowingly violate any of the applicable provisions of the uniform code or any lawful order of a local government, a county or the secre- tary made thereunder regarding standards for construction, maintenance, or fire protection equipment and systems, shall be punishable by a fine
of not more than one thousand dollars per day of violation, or imprison- ment not exceeding one year, or both. 3. ANY PERSON, HAVING BEEN SERVED, EITHER PERSONALLY OR BY REGISTERED OR CERTIFIED MAIL, WITH AN ORDER TO REMEDY A CONDITION THAT IS AN IMMI- NENT THREAT TO THE SAFETY AND WELFARE OF THE BUILDING'S OCCUPANTS AS DETERMINED BY THE LOCAL GOVERNMENT AND ITS AUTHORIZED AGENTS, FOUND TO EXIST IN, ON, OR ABOUT ANY BUILDING IN VIOLATION OF THE UNIFORM FIRE PREVENTION AND BUILDING CODE, WHO SHALL FAIL TO COMPLY WITH SUCH ORDER WITHIN THE TIME FIXED BY THE REGULATIONS PROMULGATED BY THE SECRETARY PURSUANT TO SUBDIVISION ONE OF SECTION THREE HUNDRED EIGHTY-ONE OF THIS ARTICLE, SUCH TIME PERIOD TO BE STATED IN THE ORDER, AND ANY OWNER, BUILDER, ARCHITECT, TENANT, CONTRACTOR, SUBCONTRACTOR, CONSTRUCTION SUPERINTENDENT OR THEIR AGENTS OR ANY OTHER PERSON TAKING PART OR ASSISTING IN THE CONSTRUCTION OF ANY BUILDING WHO SHALL KNOWINGLY VIOLATE ANY OF THE APPLICABLE PROVISIONS OF THE UNIFORM CODE OR ANY LAWFUL ORDER OF A LOCAL GOVERNMENT, A COUNTY OR THE SECRETARY MADE THER- EUNDER REGARDING STANDARDS FOR CONSTRUCTION, MAINTENANCE, OR FIRE PROTECTION EQUIPMENT AND SYSTEMS, SHALL BE PUNISHABLE BY A FINE OF NO LESS THAN ONE THOUSAND DOLLARS AND NO MORE THAN FIVE THOUSAND DOLLARS PER DAY OF VIOLATION OR IMPRISONMENT NOT EXCEEDING ONE YEAR, OR BOTH, FOR THE FIRST OCCURRENCE OF A VIOLATION FOR ANY BUILDING OWNED BY SUCH PERSON. A PERSON'S SECOND VIOLATION RELATED TO ANY PROPERTY OWNED BY SUCH PERSON FOR A CONDITION THAT IS DEEMED AN IMMINENT THREAT TO THE SAFETY AND WELFARE OF THE BUILDING'S OCCUPANTS, SHALL BE PUNISHABLE BY A FINE NO LESS THAN FIVE THOUSAND DOLLARS AND NO MORE THAN TEN THOUSAND DOLLARS PER DAY OF VIOLATION OR IMPRISONMENT NOT EXCEEDING ONE YEAR, OR BOTH. A PERSON'S THIRD VIOLATION RELATED TO ANY PROPERTY OWNED BY SUCH PERSON FOR A CONDITION THAT IS DEEMED AN IMMINENT THREAT TO THE SAFETY AND WELFARE OF THE BUILDING'S OCCUPANTS, SHALL BE PUNISHABLE BY A FINE NO LESS THAN TEN THOUSAND DOLLARS PER DAY OF VIOLATION OR IMPRISONMENT NOT EXCEEDING ONE YEAR, OR BOTH. 4. Where the construction or use of a building is in violation of any provision of the uniform code or any lawful order obtained thereunder, a justice of the supreme court at a special term in the judicial district in which the building is located, may order the removal of the building or an abatement of the condition in violation of such provisions. An application for such relief may be made by the secretary, an appropriate municipal officer, or any other person aggrieved by the violation. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.

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