S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3798
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. JAFFEE -- read once and referred to the Committee
   on Governmental Operations
 
 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. [Any person, having been served, either personally or by registered
 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]
   (A) 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 ANY CONDITION 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 WITHIN THE TIME STAT-
 ED  THEREIN  OR  any  owner,  builder, PROPERTY MANAGER, PROPERTY AGENT,
 architect, tenant, contractor, subcontractor,  construction  superinten-
 dent  or  their  agents or any other person [taking part or assisting in
 the construction of any building], LIMITED  LIABILITY  COMPANY,  LIMITED
 LIABILITY  PARTNERSHIP,  OR  CORPORATION  PARTICIPATING  OR ASSISTING IN
 EITHER THE CONSTRUCTION OF ANY BUILDING OR THE MAINTENANCE, CONTROL,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01808-01-7

 A. 3798                             2
 
 OVERSIGHT  OF  A  PROPERTY  OR  BUILDING who [shall] knowingly [violate]
 VIOLATES 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], IS GUILTY OF  A  MISDEMEA-
 NOR,  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  WHO OWNS, IS IN CONTROL OF, IS AN AGENT FOR, IS A
 TENANT OF, OR IS 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 ANY CONDITION FOUND TO EXIST IN, ON, OR ABOUT THE PROP-
 ERTY OR ANY BUILDING ON THE PROPERTY IN VIOLATION OF  THE  UNIFORM  FIRE
 PREVENTION AND BUILDING CODE, WHO FAILS TO COMPLY WITH SUCH ORDER WITHIN
 THE TIME STATED THEREIN OR ANY OWNER, BUILDER, PROPERTY MANAGER, PROPER-
 TY  AGENT,  ARCHITECT,  TENANT,  CONTRACTOR, SUBCONTRACTOR, CONSTRUCTION
 SUPERINTENDENT OR THEIR AGENTS OR ANY OTHER  PERSON,  LIMITED  LIABILITY
 COMPANY,  LIMITED LIABILITY PARTNERSHIP, OR CORPORATION PARTICIPATING OR
 ASSISTING IN EITHER THE CONSTRUCTION OF ANY BUILDING OR THE MAINTENANCE,
 CONTROL, OR OVERSIGHT OF A PROPERTY OR BUILDING WHO VIOLATES ANY OF  THE
 APPLICABLE 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
 VIOLATION,  PUNISHABLE  BY  A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS
 PER DAY OF VIOLATION, OR IMPRISONMENT NOT  EXCEEDING  FIFTEEN  DAYS,  OR
 BOTH.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.