Bill S3363-2013

Imposes punishment for violations of the department of labor's fire regulations

Imposes punishment for violations of the department of labor's fire regulations.

Details

Actions

  • Jan 8, 2014: REFERRED TO LABOR
  • Feb 1, 2013: REFERRED TO LABOR

Memo

BILL NUMBER:S3363                REVISED 2/12/13

TITLE OF BILL: An act to amend the labor law, in relation to punishment for violations of the department of labor's fire regulations

PURPOSE: To decrease the possibility of blocked or locked exit doors. and prevent tragic scenarios from needlessly occurring.

SUMMARY OF PROVISIONS:

Section 1: Section 272 of the labor law is amended to include the inclusion of a civil penalty for intentional violators of an inadequate fireprevented building. As specified in Section 272 of the labor law. no factory can operate in a building without adequate protection against fire to all persons employed therein. Before the legislative intent of this building. section 272 failed to address violators of this requirement.

Section 2: Effective date of bill.

EXISTING LAW: All buildings that in-house factories are to be equipped with adequate protection against fire. There are no penalties on the books for violators of this act.

JUSTIFICATION: As history shows, inadequate fire prevention methods lead to mass devastation. The Triangle Shirtwaist Factory Fire of 1911 is a prime example. This event could have been minimized if exit doors were unlocked and other means to escape the burning building were available to the young Jewish and Italian women who met their fate in the fire. As it is required of building owners to have operable exit doors, available stairways, exit signs, and functioning doors and windows, owners should adhere to potential hazardous conditions.

Should an owner or entity be found convicted of intentionally practicing in bad faith, a civil fine shall be levied by a hearing officer of the department in questioning the violation by such owner or entity. It is our intent that implementing civil penalties will decrease the practice of owners or entities that violate this requirement.

LEGISLATIVE HISTORY: 2011-2012: S. 4275 - Referred to Labor.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3363 2013-2014 Regular Sessions IN SENATE February 1, 2013 ___________
Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to punishment for violations of the department of labor's fire regulations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 272 of the labor law is amended by adding a new subdivision 8 to read as follows: 8. VIOLATION. ANY PERSON OR ENTITY RESPONSIBLE FOR MAINTAINING A BUILDING SO AS TO AFFORD ADEQUATE PROTECTION AGAINST FIRE TO ALL PERSONS THEREIN SHALL BE LIABLE FOR A CIVIL PENALTY FOR ANY INTENTIONAL VIOLATION OF ANY PROVISIONS OF THIS SECTION. SUCH VIOLATION SHALL BE TRIABLE IN A PROCEEDING BEFORE A HEARING OFFICER OF THE DEPARTMENT AND, UPON CONVICTION OF A PERSON OR ENTITY, SHALL BE PUNISHABLE BY A FINE OF NO LESS THAN ONE THOUSAND DOLLARS AND NO MORE THAN FIVE THOUSAND DOLLARS FOR EACH VIOLATION. SUCH CIVIL PENALTY MAY BE RECOVERED IN AN ACTION OR PROCEEDING IN ANY COURT OF COMPETENT JURISDICTION. S 2. This act shall take effect immediately.

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