Bill S6675C-2013

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

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.

Details

Actions

  • Jun 20, 2014: SUBSTITUTED BY A1869D
  • Jun 20, 2014: ORDERED TO THIRD READING CAL.1695
  • Jun 20, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 10, 2014: PRINT NUMBER 6675C
  • Jun 10, 2014: AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • Jun 2, 2014: PRINT NUMBER 6675B
  • Jun 2, 2014: AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • May 23, 2014: PRINT NUMBER 6675A
  • May 23, 2014: AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • Feb 26, 2014: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 20, 2014
Ayes (19): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Stewart-Cousins, Breslin, Hassell-Thompson, Montgomery, Gianaris
Ayes W/R (1): Krueger
Nays (1): Little
Absent (3): Dilan, Parker, Perkins
Excused (1): Espaillat

Memo

BILL NUMBER:S6675C               REVISED 6/16/14

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: This bill would establish 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 S 382-b that establishes notification requirements for the use of truss type, pre-engineered wood or timber construction in residential structures. The phrase "truss type, pre-engineered wood or timber construction" means either conventional wood trusses built up from solid sawn material, usually 2X pieces, or heavy timber trusses (e.g. bowstring truss) built up from large-section pieces meeting the dimensional requirements of heavy timber as defined by the New York State Fire Prevention and Building Code.

Subdivision 1. 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.

Subdivision 3. Directs the Department of State's State Fire Prevention and Building Code Council to promulgate rules and regulations it deems necessary to carry into effect the provisions of this section including, but not limited to, the dimensions and color of such sign or symbol.

Subdivision 4. Directs local governments to provide by local law or resolution for the enforcement of the provisions of this act.

Section 2 directs the secretary of state, and the state fire administrator to incorporate into existing uniform fire prevention and building code training, and other safety training, educational information highlighting truss type, pre-engineered wood or timber construction and safety precautions.

Section 3. 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 in 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 on the first of January next succeeding 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 within 180 days after the date on which this act shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6675--C 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 LOCAL GOVERNMENT 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 PRESCRIBED 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 LOCAL GOVERNMENT 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 ERECTED, 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 SIGN OR SYMBOL DESIGNED AND APPROVED BY THE COUNCIL SHALL BE AFFIXED TO ANY ELECTRIC BOX ATTACHED TO THE EXTERI- OR OF THE STRUCTURE, IF ONE EXISTS. E. THE PROPERTY OWNER OR HIS OR HER REPRESENTATIVE SHALL BE RESPONSI- BLE FOR MAINTAINING THE SIGN OR SYMBOL ON THE ELECTRIC BOX OF THE RESI- DENCE, AS REQUIRED BY PARAGRAPH D OF THIS SUBDIVISION, AND SHALL REPLACE THE SIGN OR SYMBOL WHEN ANY CHANGES OR MODIFICATIONS ARE MADE TO THE ELECTRIC BOX OR THE SIGN OR SYMBOL 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 EMERGENCY 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. C. NOTHING CONTAINED IN THIS SECTION SHALL IN ANY WAY AFFECT OR DIMIN- ISH SECTION TWO HUNDRED FIVE-B OF THE GENERAL MUNICIPAL LAW. 3. THE COUNCIL SHALL PROMULGATE RULES AND REGULATIONS IT DEEMS NECES- SARY TO CARRY INTO EFFECT THE PROVISIONS OF THIS SECTION INCLUDING, BUT NOT LIMITED TO, THE DIMENSIONS AND COLOR OF SUCH SIGN OR SYMBOL. 4. LOCAL GOVERNMENTS SHALL PROVIDE BY LOCAL LAW OR RESOLUTION FOR THE ENFORCEMENT OF THE PROVISIONS OF THIS SECTION, IF NECESSARY. 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. The secretary of state, and the state fire administrator, shall to the greatest extent practical make available, and incorporate into existing uniform fire prevention and building code training, and other fire safety training, educational information highlighting truss type, pre-engineered wood or timber construction and safety precautions. S 3. 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.

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