Bill S4421-2013

Provides immunity from administrative action against NYC fire officers who are unable to properly conduct building inspections

Provides immunity from administrative action against New York City fire officers who, due to lack of training, are effectively unable to properly conduct building inspections.

Details

Actions

  • Jan 8, 2014: REFERRED TO CITIES
  • Jun 21, 2013: COMMITTED TO RULES
  • May 23, 2013: ADVANCED TO THIRD READING
  • May 22, 2013: 2ND REPORT CAL.
  • May 21, 2013: 1ST REPORT CAL.696
  • Mar 27, 2013: REFERRED TO CITIES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Cities - May 21, 2013
Ayes (6): Lanza, Ball, DeFrancisco, Grisanti, Avella, Breslin

Memo

BILL NUMBER:S4421

TITLE OF BILL: An act to amend the general municipal law, in relation to providing immunity from administrative action against certain New York city fire officers

PURPOSE:

The bill will provide immunity from administrative action against New York City Fire Officers who, due to lack of such training, are effectively unable to properly conduct building inspections.

SUMMARY OF PROVISIONS:

Section one of the bill provides that a fire officer of the New York City Fire Department ("FDNY") will be immune from administrative liability for any act or omission stemming from the failure of FDNY to provide the fire officer with proper training in regard to (i) the New York City building and construction codes and local ordinances, (ii) the inspection duties of fire fighters, or (iii) changes to the codes that became effective on or after July 1, 2008.

Section two of the bill provides that this act shall take effect immediately.

EXISTING LAW:

Currently, a fire officer can be held liable in an administrative proceeding for acting or failing to act even though the officer did not receive adequate training regarding his or her responsibilities and the current law.

JUSTIFICATION:

During the 2010 legislative session a bill to provide New York City Fire Officers 40 hours training in the new Fire Code and 40 hours training in the new Building Code (both effective July 2008) received a New York City Council Home Rule Message and overwhelmingly passed both houses of the NY State Legislature only to be vetoed by the Governor primarily for financial reasons. Since the mandate to provide the training has effectively been removed and the City of New York refuses to provide adequate training on building inspection and code enforcement, the bill will provide immunity from administrative action against New York City Fire Officers who, due to lack of such training, are effectively unable to properly conduct building inspections.

PRIOR LEGISLATIVE HISTORY:

2011-2: S.5334 - Referred to Cities

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4421 2013-2014 Regular Sessions IN SENATE March 27, 2013 ___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the general municipal law, in relation to providing immunity from administrative action against certain New York city fire officers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general municipal law is amended by adding a new section 209-ff to read as follows: S 209-FF. LIABILITY OF FIRE OFFICERS. IN ANY CITY WITH A POPULATION OF ONE MILLION OR MORE, THE FIRE OFFICERS OF THE FIRE DEPARTMENT OF SUCH CITY SHALL BE IMMUNE FROM ADMINISTRATIVE LIABILITY RELATING TO ANY ACT OR OMISSION WHICH MAY BE ATTRIBUTABLE TO THE FAILURE OF THE FIRE DEPART- MENT OF SUCH CITY TO PROVIDE TRAINING TO SUCH OFFICERS IN REGARD TO THE BUILDING AND CONSTRUCTION CODES AND LOCAL ORDINANCES OF SUCH CITY, WITH AN EMPHASIS ON THE INSPECTION DUTIES OF FIRE OFFICERS, AND ANY PERTINENT CHANGES IN SUCH DUTIES RESULTING FROM THE ENACTMENT OF OR ANY AMENDMENT TO ANY OF SUCH CODES ON OR AFTER JULY FIRST, TWO THOUSAND EIGHT. S 2. This act shall take effect immediately.

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