Bill S901A-2013

Relates to the criminal enforcement of violations of the state's uniform fire prevention and building code

Relates to the criminal enforcement of violations of the state's uniform fire prevention and building code.

Details

Actions

  • Feb 26, 2014: PRINT NUMBER 901A
  • Feb 26, 2014: AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • Jan 8, 2014: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • Jan 9, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Memo

BILL NUMBER:S901A

TITLE OF BILL: An act to amend the executive law, in relation to the criminal enforcement of violations of the state's uniform fire prevention and building code

TITLE OF BILL: An act to amend the executive law, in relation to the criminal enforcement of violations of the state's uniform fire prevention and building code

PURPOSE OR GENERAL IDEA OF BILL: To clarify the procedures for commencing a criminal action for violating the State's Uniform Fire Prevention and Building Code (Uniform Code) in relation to an imminent life safety violation that requires an immediate cure.

SUMMARY OF SPECIFIC PROVISIONS: Amends section 382 of the Executive Law by adding subdivision 2 (b): Any person or entity owning, in control of, agent for, tenant of; or otherwise responsible for a property or building, having been served with an order to remedy an imminent life safety violation requiring immediate cure, who fails to comply with such order immediately may be ordered to vacate the premise until such imminent life safety violation is resolved. Any person or entity that knowingly violates the Uniform Code would be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars per day of violation, or imprisonment not exceeding one year, or both. The council shall promulgate rules and regulations it deems necessary to carry into effect this provision.

JUSTIFICATION: Currently under section 382 of the Executive Law, local governments and their code enforcement officials are authorized to order in writing the remedying of any condition found in violation of the uniform fire prevention and building code and to issue appearance tickets for such violations. The individual or entity served with such notice must remedy the condition within a proscribed period of time as stipulated under the uniform code, usually 30 days. Failure to comply with such order is punishable by a fine of not more than one thousand dollars per day of violation, or imprisonment not exceeding one year, or both.

The ambiguous and vague provisions of section 382 of the Executive Law have led courts to reach the conclusion that criminal actions may not be commenced against a defendant until a notice of violation (NOV) has been issued, see People v. Caravousanos, 2 Misc.3d 138(A) (Sup. Ct. App. Term 2004). Such a reading significantly hampers local government officials' ability to enforce the uniform code and deter flagrant violations of regulations designed to protect the public's health, safety and welfare. In instances when a violation of the uniform code has led to a condition that poses an imminent threat to life and safety, the person or entity served with a notice of violation, should be forced to comply with such order immediately.

This bill creates a new type of compliance order, an order to remedy an imminent life safety violation requiring immediate cure, which will enable local code enforcement officials to order any person or entity who fails to comply with such order immediately to vacate the property until such imminent life safety violation is resolved. Failure to comply with such order is guilty of a misdemeanor, punishable by a

fine of not more than one thousand dollars per day of violation, or imprisonment not exceeding one year or both.

LEGISLATIVE HISTORY: S.7235 (2012)

EFFECTIVE DATE: This act shall take effect the first of November after this bill shall become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 901--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- recommitted to the Committee on Housing, Construction and Community Development in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to the criminal enforce- ment of violations of the state's uniform fire prevention and building code THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 382 of the executive law, as amended by chapter 135 of the laws of 1997, is amended to read as follows: 2. (A). Any person, having been served, either personally or by regis- tered or certified mail, with an order to remedy any condition found to exist in, on, or about any building in violation of the uniform fire prevention and building code, who shall fail to comply with such order within the time fixed by the regulations promulgated by the secretary pursuant to subdivision one of section three hundred eighty-one of this article, such time period to be stated in the order, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction of any building who shall knowingly violate any of the applicable provisions of the uniform code or any lawful order of a local government, a county or the secretary made ther- eunder regarding standards for construction, maintenance, or fire protection equipment and systems, shall be punishable by a fine of not more than one thousand dollars per day of violation, or imprisonment not exceeding one year, or both.
(B) ANY PERSON, LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNER- SHIP, OR CORPORATION OWNING, IN CONTROL OF, AGENT FOR, TENANT OF, OR OTHERWISE RESPONSIBLE FOR A PROPERTY OR BUILDING, HAVING BEEN SERVED, EITHER PERSONALLY OR PURSUANT TO SUBDIVISION FOUR OF SECTION THREE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES, WITH AN ORDER TO REMEDY AN IMMINENT LIFE SAFETY VIOLATION REQUIRING IMMEDIATE CURE, WHICH IS FOUND TO EXIST IN, ON, OR ABOUT THE PROPERTY OR ANY BUILDING ON THE PROPERTY IN VIOLATION OF THE UNIFORM FIRE PREVENTION AND BUILDING CODE, WHO FAILS TO COMPLY WITH SUCH ORDER IMMEDIATELY MAY BE ORDERED TO VACATE THE PREMISES UNTIL SUCH IMMINENT LIFE SAFETY VIOLATION IS RESOLVED OR ANY OWNER, BUILDER, PROPERTY MANAGER, PROPERTY AGENT, ARCHITECT, TENANT, CONTRACTOR, SUBCONTRACTOR, CONSTRUCTION SUPERINTENDENT OR THEIR AGENTS OR ANY OTHER PERSON, LIMITED LIABILITY COMPANY, LIMITED LIABILITY PART- NERSHIP, OR CORPORATION PARTICIPATING OR ASSISTING IN EITHER THE CONSTRUCTION OF ANY BUILDING OR THE MAINTENANCE, CONTROL, OR OVERSIGHT OF A PROPERTY OR BUILDING WHO SHALL KNOWINGLY VIOLATE ANY OF THE APPLI- CABLE PROVISIONS OF THE UNIFORM CODE OR ANY LAWFUL ORDER OF A LOCAL GOVERNMENT, A COUNTY OR THE SECRETARY MADE THEREUNDER REGARDING STAND- ARDS FOR CONSTRUCTION, MAINTENANCE, OR FIRE PROTECTION, IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS PER DAY OF VIOLATION, OR IMPRISONMENT NOT EXCEEDING ONE YEAR, OR BOTH. THE COUNCIL SHALL PROMULGATE RULES AND REGULATIONS IT DEEMS NECESSARY TO CARRY INTO EFFECT THE PROVISION OF THIS SUBDIVISION. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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