Relates to application of the state uniform fire prevention and building code; directs OGS to implement a phase-in of compliance for existing premises owned or leased by the state or certain public authorities.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Gipson
Excused (1): Squadron
TITLE OF BILL: An act to amend the executive law, in relation to application of the state uniform fire prevention and building code to certain premises
PURPOSE: To require State-owned buildings or State-leased space to adhere to the State uniform fire prevention and building codes.
SUMMARY OF PROVISIONS:
Section one amends section 383 of the Executive Law by adding a new subdivision (5) to provide that, unless otherwise specifically provided by statute, all buildings owned or leased by a State agency or covered authority shall adhere to the uniform fire prevention and building code. For existing buildings and structures constructed before the act's effective date, the Office of General Services will create a staged plan for compliance. The staged Plan may provide for compliance over a period of five years. If the Office of General Services determines that there are reasons requiring delay, the period for compliance shall be a period not to exceed ten years.
Section two provides that this act shall take effect on the one hundred eightieth day after it shall have become a law.
EXISTING LAW: New Law
JUSTIFICATION: Buildings under government control should follow the same safety rules that other buildings in private hands are required to follow. The informal and voluntary nature of compliance with codes creates a risk that there is construction, demolition, or other hazardous activity taking place at these properties that local municipalities do not know about, cannot require building owners to correct, and may not be prepared to address in the event of an emergency.
Currently, local governments have limited enforcement powers over State building and property owners. Their enforcement power depends upon the enabling statute of the State entities that own or lease the property. In some jurisdictions, the local government main exercise of its enforcement powers upon State entities is through the voluntary filing of construction and demolition projects by those entities, and through courtesy inspections and liaison relationships. This bill would require all buildings and structures that are owned, leased or operated by the State of New York or by any of its authorities to be code-compliant to the same extent as privately owned buildings and structures.
In every sense, this bill will enhance public safety throughout the five boroughs by requiring that the State and its authorities do what all private building owners are required to do.
LEGISLATIVE HISTORY: 2011-2: S.2213 - Referred to Housing, Construction and Community Development both years 2009-10: S.5666 - Referred to Housing, Construction and Community Development both years
FISCAL IMPLICATIONS: To be determined
EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 2747 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________Introduced by Sen. GOLDEN -- 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 application of the state uniform fire prevention and building code to certain premises THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 383 of the executive law is amended by adding a new subdivision 5 to read as follows: 5. ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTAND- ING, UNLESS OTHERWISE SPECIFICALLY PROVIDED BY STATUTE, THE CODE SHALL APPLY TO ALL BUILDINGS OWNED BY OR IN WHICH SPACE IS LEASED BY STATE AGENCIES AND COVERED AUTHORITIES, AS SUCH TERMS ARE DEFINED IN SECTION TWO-A OF THE STATE FINANCE LAW, IRRESPECTIVE OF WHEN BUILT OR PUT INTO SERVICE. EXISTING BUILDINGS AND STRUCTURES CONSTRUCTED BEFORE THE EFFEC- TIVE DATE OF THIS SUBDIVISION SHALL BE SUBJECT TO THE CODE PURSUANT TO A STAGED PLAN DEVELOPED BY THE OFFICE OF GENERAL SERVICES, WHICH MAY PROVIDE FOR COMPLIANCE OVER A PERIOD OF NOT MORE THAN FIVE YEARS, OR IF THE OFFICE OF GENERAL SERVICES SHALL DETERMINE THAT THERE ARE REASONS REQUIRING DELAY, WITHIN TEN YEARS, UNLESS EITHER THE BUILDING OR STRUC- TURE IS ALTERED, IN WHICH CASE THE CODE SHALL APPLY TO ALL ALTERATIONS TO SUCH BUILDING OR STRUCTURE. ADMINISTRATION AND ENFORCEMENT OF THE REQUIREMENTS OF THIS SUBDIVISION SHALL BE AS PROVIDED IN SECTION THREE HUNDRED EIGHTY-ONE OF THIS ARTICLE. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07400-01-3