Requires notice to be given to the fire department with jurisdiction over a residential building where construction will utilize truss type, pre-engineered wood, or timber construction.
TITLE OF BILL: An act to amend the executive law, in relation to notice requirements and enforcement for residential buildings with truss type, pre-engineered wood or timber construction
PURPOSE OR GENERAL IDEA OF BILL: Establishes notification requirements for the use of truss type, pre-engineered wood or timber construction in residential structures so that the fire entity with jurisdiction over the structure is aware of the type of construction that was used and can respond accordingly in the event of a fire.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the executive law by adding a new section § 382-b that establishes notification requirements for the use of truss type, pre-engineered wood or timber construction in residential structures. Upon applying for a building permit for the erection or rehabilitation of a residential structure where truss type, pre-engineered wood or timber construction is being utilized, the property owner or the property owner's representative shall indicate on the permit application and a form provided by the New York State Fire Prevention and Building Code Council that truss type construction is being used. Upon receipt of the permit application and form, the municipality must notify the Chief of the fire district, fire department or fire company with jurisdiction over the structure, that truss type, pre-engineered wood or timber construction is being utilized. As a condition of the final receipt of a certificate of occupancy or certificate of completion, a sticker designed and approved by the Council must be affixed to the exterior of the electric pan box.
Subdivision 2 Requires the local building department or local code enforcement official having jurisdiction over the residential structure to consult with the county fire coordinator, local 911 and fire protection dispatchers and the local fire protection provider, to determine the manner. sufficient to warn persons conducting fire control and other emergency operations of the existence of truss type, pre-engineered wood or timber construction in the structure.
Section 2 sets the effective date.
JUSTIFICATION: While truss construction is very durable, when weakened by a fire, major components of a truss foundation can collapse suddenly without warning. When responding to a fire emergency, firefighters are unable to differentiate between a building constructed of truss foundation or another type of construction. As a result, in recent years truss constructions have been the cause of many preventable deaths of firefighters. It is imperative that firefighters are notified of the use of truss type construction so they can take appropriate measures that will protect the lives of residents and ensure their own safety. With the enactment of this bill, emergency responders will be able to take proper precautions in responding to a fire M a residential structure where truss type construction was utilized.
PRIOR LEGISLATIVE HISTORY: A.4857 (2012); A.11362 (2010)
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6675 IN SENATE February 26, 2014 ___________Introduced by Sen. MARTINS -- 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 notice requirements and enforcement for residential buildings with truss type, pre-engi- neered wood or timber construction THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 382-b to read as follows: S 382-B. RESIDENTIAL BUILDINGS WITH TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION; NOTICE REQUIREMENTS. 1. A. ANY PERSON UTILIZING TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION FOR THE ERECTION OF ANY NEW RESIDENTIAL STRUCTURE, FOR ANY ADDITION TO AN EXISTING RESI- DENTIAL STRUCTURE, OR FOR ANY REHABILITATION OF AN EXISTING RESIDENTIAL STRUCTURE, SHALL, UPON APPLICATION FOR A BUILDING PERMIT WITH THE MUNI- CIPALITY HAVING JURISDICTION, INCLUDE ON THE PERMIT APPLICATION THAT TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION IS BEING UTILIZED. B. THE PROPERTY OWNER OR THE PROPERTY OWNER'S REPRESENTATIVE SHALL COMPLETE A FORM PROVIDED BY THE COUNCIL DESIGNATING THE STRUCTURE AS TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION AND FILE SUCH FORM WITH THE APPLICATION FOR A BUILDING PERMIT. C. UPON RECEIVING THE APPLICATION FOR A BUILDING PERMIT AND A FORM DESIGNATING THE STRUCTURE AS TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION, THE MUNICIPALITY HAVING JURISDICTION SHALL NOTIFY BY CERTIFIED MAIL, FACSIMILE, E-MAIL OR OTHER ELECTRONIC MEANS, THE CHIEF OF THE FIRE DISTRICT, FIRE DEPARTMENT OR FIRE COMPANY HAVING JURISDIC- TION OVER THE STRUCTURE TO BE CREDITED, ADDED TO, OR MODIFIED, OR HIS OR HER DESIGNEE, THAT TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION IS BEING UTILIZED. D. AS A CONDITION OF THE FINAL RECEIPT OF A CERTIFICATE OF OCCUPANCY OR CERTIFICATE OF COMPLETION, A STICKER DESIGNED AND APPROVED BY THE COUNCIL SHALL BE AFFIXED TO THE EXTERIOR ELECTRIC PAN BOX.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03234-04-4 S. 6675 2
E. THE PROPERTY OWNER OR HIS OR HER REPRESENTATIVE SHALL BE RESPONSI- BLE FOR MAINTAINING THE STICKER ON THE ELECTRIC PAN BOX OF THE RESI- DENCE, AS REQUIRED BY PARAGRAPH D OF THIS SUBDIVISION, AND SHALL REPLACE THE STICKER WHEN ANY CHANGES OR MODIFICATIONS ARE MADE TO THE ELECTRIC PAN BOX OR THE STICKER IS DAMAGED. 2. A. THE LOCAL BUILDING DEPARTMENT OR LOCAL CODE ENFORCEMENT OFFICIAL HAVING JURISDICTION OVER THE RESIDENTIAL STRUCTURE TO BE ERECTED, ADDED TO, OR MODIFIED, OR HIS OR HER DESIGNEE SHALL CONSULT WITH THE COUNTY FIRE COORDINATOR, LOCAL 911 AND FIRE PROTECTION DISPATCHERS, AND THE LOCAL FIRE PROTECTION PROVIDER OR ENTITY DEEMED PERTINENT TO DETERMINE THE MANNER SUFFICIENT TO WARN PERSONS CONDUCTING FIRE CONTROL AND OTHER EMERGENCY OPERATIONS OF THE EXISTENCE OF TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION IN THE STRUCTURE. B. THE CHIEF OF THE FIRE DISTRICT, FIRE DEPARTMENT, OR FIRE COMPANY HAVING JURISDICTION OVER THE RESIDENTIAL STRUCTURE TO BE ERECTED, ADDED TO, OR MODIFIED, OR HIS OR HER DESIGNEE SHALL USE THE INFORMATION PROVIDED UNDER SUBDIVISION ONE OF THIS SECTION TO WARN PERSONS CONDUCT- ING FIRE CONTROL AND OTHER EMERGENCY OPERATIONS OF THE EXISTENCE OF TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION IN THE STRUCTURE. 3. THE COUNCIL SHALL PROMULGATE RULES AND REGULATIONS IT DEEMS NECES- SARY TO CARRY INTO EFFECT THE PROVISIONS OF THIS SECTION. 4. LOCAL GOVERNMENTS SHALL PROVIDE BY LOCAL LAW FOR THE ENFORCEMENT OF THE PROVISIONS OF THIS SECTION. LOCAL GOVERNMENTS MAY PROVIDE FOR JOINT ENFORCEMENT OF THE PROVISIONS OF THIS SECTION BY AGREEMENT PURSUANT TO ARTICLE FIVE-G OF THE GENERAL MUNICIPAL LAW. 5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CITY WITH A POPULATION OF ONE MILLION OR MORE PERSONS. 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; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed with- in 180 days after the date on which this act shall have become a law.