Senate Bill S4938

2019-2020 Legislative Session

Expands remedies for violations of New York state uniform fire prevention and building code

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S4938 (ACTIVE) - Details

See Assembly Version of this Bill:
A2128
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §382, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7328, A9123
2015-2016: S1189, A2865
2017-2018: S774, A1490
2021-2022: S4708, A2160
2023-2024: S2418, A5617

2019-S4938 (ACTIVE) - Summary

Expands remedies for violations of New York state uniform fire prevention and building code.

2019-S4938 (ACTIVE) - Sponsor Memo

2019-S4938 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4938
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 1, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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 expanding remedies for
   violations of New York state 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. Section 382 of the executive law, as added by  chapter  707
 of the laws of 1981, subdivision 2 as amended by chapter 135 of the laws
 of 1997, is amended to read as follows:
   § 382. Remedies.  1. In addition to and not in limitation of any power
 otherwise granted by law, every  local  government  and  its  authorized
 agents  shall  have  the  power to order in writing the remedying of any
 condition found to exist in, on or about any building  in  violation  of
 the  uniform  fire  prevention and building code and to issue appearance
 tickets for violations of the uniform code.
   2. Any person, having been served, either personally or by  registered
 or  certified  mail, with an order to remedy any condition, OTHER THAN A
 CONDITION THAT IS DEEMED AN IMMINENT THREAT TO THE SAFETY AND WELFARE OF
 THE BUILDING'S OCCUPANTS, 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  secre-
 tary  made thereunder regarding standards for construction, maintenance,
 or fire protection equipment and systems, shall be punishable by a  fine
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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