senate Bill S901A

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

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 08 / Jan / 2014
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 26 / Feb / 2014
    • AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 26 / Feb / 2014
    • PRINT NUMBER 901A

Summary

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

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Bill Details

See Assembly Version of this Bill:
A645A
Versions:
S901
S901A
Legislative Cycle:
2013-2014
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Executive Law
Laws Affected:
Amd ยง382, Exec L
Versions Introduced in 2011-2012 Legislative Cycle:
S7235, A10194

Sponsor 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.

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

                                 901--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03347-03-4

S. 901--A                           2

  (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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