senate Bill S2747

Relates to application of the state uniform fire prevention and building code to certain premises owned or leased by the state or public authorities

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 23 / Jan / 2013
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 04 / Jun / 2013
    • 1ST REPORT CAL.1023
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2013
    • PASSED SENATE
  • 11 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2013
    • REFERRED TO GOVERNMENTAL OPERATIONS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 26 / Feb / 2014
    • 1ST REPORT CAL.172
  • 27 / Feb / 2014
    • 2ND REPORT CAL.
  • 03 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Relates to application of the state uniform fire prevention and building code; directs OGS to implement a phase-in of compliance for existing premises owned or leased by the state or certain public authorities.

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Bill Details

See Assembly Version of this Bill:
A9200
Versions:
S2747
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd ยง383, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2213, S2213
2009-2010: S5666, S5666

Sponsor Memo

BILL NUMBER:S2747

TITLE OF BILL: An act to amend the executive law, in relation to appli-
cation of the state uniform fire prevention and building code to certain
premises

PURPOSE: To require State-owned buildings or State-leased space to
adhere to the State uniform fire prevention and building codes.

SUMMARY OF PROVISIONS:

Section one amends section 383 of the Executive Law by adding a new
subdivision (5) to provide that, unless otherwise specifically provided
by statute, all buildings owned or leased by a State agency or covered
authority shall adhere to the uniform fire prevention and building code.
For existing buildings and structures constructed before the act's
effective date, the Office of General Services will create a staged plan
for compliance. The staged Plan may provide for compliance over a period
of five years. If the Office of General Services determines that there
are reasons requiring delay, the period for compliance shall be a period
not to exceed ten years.

Section two provides that this act shall take effect on the one hundred
eightieth day after it shall have become a law.

EXISTING LAW: New Law

JUSTIFICATION: Buildings under government control should follow the
same safety rules that other buildings in private hands are required to
follow. The informal and voluntary nature of compliance with codes
creates a risk that there is construction, demolition, or other hazard-
ous activity taking place at these properties that local municipalities
do not know about, cannot require building owners to correct, and may
not be prepared to address in the event of an emergency.

Currently, local governments have limited enforcement powers over State
building and property owners. Their enforcement power depends upon the
enabling statute of the State entities that own or lease the property.
In some jurisdictions, the local government main exercise of its
enforcement powers upon State entities is through the voluntary filing
of construction and demolition projects by those entities, and through
courtesy inspections and liaison relationships. This bill would require
all buildings and structures that are owned, leased or operated by the
State of New York or by any of its authorities to be code-compliant to
the same extent as privately owned buildings and structures.

In every sense, this bill will enhance public safety throughout the five
boroughs by requiring that the State and its authorities do what all
private building owners are required to do.

LEGISLATIVE HISTORY: 2011-2: S.2213 - Referred to Housing, Construction
and Community Development both years 2009-10: S.5666 - Referred to Hous-
ing, Construction and Community Development both years

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect on the one hundred eightieth
day after it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2747

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 application of the
  state uniform fire prevention and building code to certain premises

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 383 of the executive law is amended by adding a new
subdivision 5 to read as follows:
  5.  ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTAND-
ING, UNLESS OTHERWISE SPECIFICALLY PROVIDED BY STATUTE, THE  CODE  SHALL
APPLY  TO  ALL  BUILDINGS  OWNED BY OR IN WHICH SPACE IS LEASED BY STATE
AGENCIES AND COVERED AUTHORITIES, AS SUCH TERMS ARE DEFINED  IN  SECTION
TWO-A  OF  THE STATE FINANCE LAW, IRRESPECTIVE OF WHEN BUILT OR PUT INTO
SERVICE. EXISTING BUILDINGS AND STRUCTURES CONSTRUCTED BEFORE THE EFFEC-
TIVE DATE OF THIS SUBDIVISION SHALL BE SUBJECT TO THE CODE PURSUANT TO A
STAGED PLAN DEVELOPED BY THE  OFFICE  OF  GENERAL  SERVICES,  WHICH  MAY
PROVIDE  FOR COMPLIANCE OVER A PERIOD OF NOT MORE THAN FIVE YEARS, OR IF
THE OFFICE OF GENERAL SERVICES SHALL DETERMINE THAT  THERE  ARE  REASONS
REQUIRING  DELAY, WITHIN TEN YEARS, UNLESS EITHER THE BUILDING OR STRUC-
TURE IS ALTERED, IN WHICH CASE THE CODE SHALL APPLY TO  ALL  ALTERATIONS
TO  SUCH  BUILDING  OR  STRUCTURE. ADMINISTRATION AND ENFORCEMENT OF THE
REQUIREMENTS OF THIS SUBDIVISION SHALL BE AS PROVIDED IN  SECTION  THREE
HUNDRED EIGHTY-ONE OF THIS ARTICLE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07400-01-3

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