Assembly Bill A8407

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

                                 8407--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2009
                               ___________

Introduced  by  M.  of A. GOTTFRIED, LANCMAN, MILLMAN, COLTON, CASTRO --
  Multi-Sponsored by -- M. of A. COOK, MAYERSOHN, MENG, PHEFFER --  read
  once  and  referred  to  the Committee on Cities -- recommitted to the
  Committee on Cities in accordance with Assembly  Rule  3,  sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general city law, in relation to  the  applicability
  of  local  codes  in  cities  with a population of one million or more
  inhabitants

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

  Section 1. This act shall be known and may be cited as the "Graffagni-
no and Beddia law".
  S  2.  The general city law is amended by adding a new section 20-h to
read as follows:
  S 20-H. APPLICABILITY OF LOCAL CODES IN CITIES WITH  A  POPULATION  OF
ONE  MILLION  OR  MORE INHABITANTS. 1.  NOTWITHSTANDING ANY PROVISION OF
GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, IN CITIES  WITH  A  POPU-
LATION  OF  ONE MILLION OR MORE INHABITANTS ALL BUILDINGS AND STRUCTURES
OWNED, LEASED OR OPERATED BY THE STATE OF NEW YORK OR A STATE AGENCY, AS
THAT TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-TWO OF THE  EXECU-
TIVE  LAW,  THAT  ARE NOT OTHERWISE REQUIRED TO COMPLY WITH THE REQUIRE-
MENTS OF TITLE TWENTY-EIGHT OF THE ADMINISTRATIVE CODE OF  THE  CITY  OF
NEW  YORK  AND  THE  RULES  AND  REGULATIONS PROMULGATED THEREUNDER (DOB
CODES) OR TITLE TWENTY-NINE OF THE ADMINISTRATIVE CODE OF  THE  CITY  OF
NEW  YORK  AND  THE  RULES  AND REGULATIONS PROMULGATED THEREUNDER (FDNY
CODES), SHALL BE UNDER THE JURISDICTION OF THE DEPARTMENT  OF  BUILDINGS
OF SUCH CITY AND THE FIRE DEPARTMENT OF SUCH CITY AND SHALL BE DESIGNED,
CONSTRUCTED,  OPERATED AND MAINTAINED, TO THE EXTENT SPECIFIED IN SUBDI-
VISIONS TWO, THREE AND FOUR OF THIS SECTION, IN COMPLIANCE WITH THE  DOB
CODES  AND THE FDNY CODES. THE AGENCIES OF SUCH CITY RESPONSIBLE FOR THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11848-08-0
              

A. 8407--A                          2

ENFORCEMENT OF SUCH LAWS, RULES AND REGULATIONS ARE HEREBY EMPOWERED  TO
CONDUCT  ALL  INSPECTIONS AUTHORIZED BY SUCH LAWS, RULES AND REGULATIONS
AND ENFORCE SUCH LAWS, RULES AND REGULATIONS AGAINST ALL SUCH  BUILDINGS
AND  STRUCTURES  IN THE SAME MANNER AND TO THE SAME EXTENT AS THEY WOULD
CONDUCT INSPECTIONS AND ENFORCE SUCH LAWS, RULES AND REGULATIONS AGAINST
OTHER BUILDINGS AND STRUCTURES UNDER THEIR JURISDICTION.
  2. NEW BUILDINGS AND STRUCTURES. ALL BUILDINGS AND STRUCTURES  COVERED
BY  THIS  SECTION AND NEWLY CONSTRUCTED AFTER THE EFFECTIVE DATE OF THIS
SECTION SHALL COMPLY WITH THE REQUIREMENTS OF THE  DOB  CODES  AND  FDNY
CODES. CERTIFICATES OF OCCUPANCY ISSUED TO SUCH BUILDINGS AND STRUCTURES
SHALL  BE  LIMITED TO THE DURATION OF OWNERSHIP BY THE STATE OF NEW YORK
OR STATE AGENCY UNLESS COMPLIANCE WITH THE ZONING RESOLUTION OF  A  CITY
OF ONE MILLION OR MORE INHABITANTS IS ALSO DEMONSTRATED.
  3.  EXISTING  BUILDINGS  AND STRUCTURES. EXISTING BUILDINGS AND STRUC-
TURES ARE THOSE CONSTRUCTED BEFORE THE EFFECTIVE DATE OF THIS SECTION.
  (A) CONTINUATION OF LAWFUL USE AND OCCUPANCY. THE LAWFUL USE AND OCCU-
PANCY OF AN EXISTING BUILDING OR STRUCTURE  MAY  BE  CONTINUED  FOR  THE
DURATION  OF  THE OWNERSHIP, LEASE OR OPERATION BY THE STATE OF NEW YORK
OR STATE AGENCY PROVIDED SUCH BUILDING  OR  STRUCTURE  IS  OPERATED  AND
MAINTAINED  IN  ACCORDANCE WITH THE REQUIREMENTS OF THE FDNY CODES. SUCH
LAWFUL USE AND OCCUPANCY MAY BE CONTINUED UNLESS EITHER THE BUILDING  OR
STRUCTURE  IS ALTERED, IN WHICH CASE ALL ALTERATIONS TO SUCH BUILDING OR
STRUCTURE SHALL BE SUBJECT TO THE PROVISIONS OF THE DOB  CODES  AND  THE
FDNY CODES.
  (B)  CERTIFICATE OF OCCUPANCY. EXISTING BUILDINGS AND STRUCTURES SHALL
NOT REQUIRE A CERTIFICATE OF OCCUPANCY ISSUED  BY  THE  COMMISSIONER  OF
BUILDINGS OF A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS
UNLESS  AND UNTIL AN ALTERATION REQUIRING A NEW CERTIFICATE OF OCCUPANCY
AS PER THE DOB CODES IS MADE. THE COMMISSIONER OF BUILDINGS MAY  REQUIRE
THE  BUILDING  OR STRUCTURE TO BE PROVIDED WITH ADEQUATE MEANS OF EGRESS
OR FIRE PROTECTION AS NECESSARY FOR THE SAFETY  OF  OCCUPANTS  PRIOR  TO
ISSUING  A  CERTIFICATE  OF  OCCUPANCY. THE COMMISSIONER OF BUILDINGS OF
SUCH CITY MAY RESTRICT THE  CERTIFICATE  OF  OCCUPANCY  ISSUED  TO  SUCH
BUILDING  OR  STRUCTURE TO THE DURATION OF OWNERSHIP BY THE STATE OF NEW
YORK OR STATE AGENCY WHERE THE BUILDING OR STRUCTURE, ALTHOUGH  LAWFULLY
CONSTRUCTED AND ALTERED, IS NOT SHOWN TO HAVE COMPLIED WITH THE BUILDING
AND  ZONING LAWS AND RULES IN EFFECT FOR BUILDINGS WITHIN SUCH CITY WHEN
THE BUILDING OR STRUCTURE WAS ERECTED, AND, WHERE APPLICABLE, ALTERED.
  (C) PLACES OF ASSEMBLY. (1) FOR ANY EXISTING PLACE  OF  ASSEMBLY  THAT
DOES  NOT  HAVE A CERTIFICATE OF OPERATION ISSUED BY THE COMMISSIONER OF
BUILDINGS OF A CITY WITH A POPULATION OF ONE MILLION  OR  MORE  INHABIT-
ANTS,  A  PROPOSED  SEATING  ARRANGEMENT  PLAN  SHALL  BE FILED WITH AND
APPROVED BY THE DEPARTMENT OF BUILDINGS AND THE FIRE DEPARTMENT OF  SUCH
CITY  BEFORE  ANY  CHANGE  IS  MADE  TO EITHER: (A) THE EXISTING SEATING
ARRANGEMENT; (B) TYPE OF SEATING;  OR  (C)  INTERIOR  LAYOUT;  PROVIDED,
HOWEVER,  THAT IN REVIEWING THE SEATING ARRANGEMENT PLAN, THE DEPARTMENT
OF BUILDINGS AND THE FIRE DEPARTMENT SHALL NOT APPROVE HAZARDOUS  CONDI-
TIONS  OR  CONFIGURATIONS.  SUCH  CHANGES  SHALL  NOT REQUIRE A PLACE OF
ASSEMBLY CERTIFICATE OF OPERATION EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH
TWO OF THIS PARAGRAPH.
  (2) EXISTING PLACES OF ASSEMBLY SHALL NOT REQUIRE A PLACE OF  ASSEMBLY
CERTIFICATE  OF  OPERATION,  PROVIDED,  HOWEVER, THAT UPON ISSUANCE OF A
CERTIFICATE OF OCCUPANCY FOR THE BUILDING OR STRUCTURE  CONTAINING  SUCH
PLACE OF ASSEMBLY, A PLACE OF ASSEMBLY CERTIFICATE OF OPERATION SHALL BE
OBTAINED  WITHIN  THREE MONTHS THEREAFTER. UPON SATISFACTORY APPLICATION
BY THE STATE OF NEW YORK OR STATE AGENCY ACCORDING TO  THE  REQUIREMENTS

A. 8407--A                          3

AND PROCEDURES OF A CITY WITH A POPULATION OF ONE MILLION OR MORE INHAB-
ITANTS, THE COMMISSIONER OF BUILDINGS OF SUCH CITY SHALL ISSUE A CERTIF-
ICATE  OF  OPERATION TO ANY SUCH EXISTING PLACE OF ASSEMBLY, PROVIDED IT
SUBSTANTIALLY  COMPLIES  WITH  THE DOB CODES' REQUIREMENTS PERTAINING TO
MEANS OF EGRESS AND FIRE PROTECTION.
  (D) MAINTENANCE. EXISTING BUILDINGS AND STRUCTURES SHALL BE SUBJECT TO
THE MAINTENANCE REQUIREMENTS OF THE DOB CODES,  INCLUDING  ANY  REQUIRED
PERIODIC  INSPECTIONS  AND  REPORTS.  HOWEVER, NO REPORTS OR SUBMISSIONS
SHALL BE REQUIRED OF THE STATE OF NEW YORK OR A STATE AGENCY RESPONSIBLE
FOR THE OPERATION AND CONTROL OF SUCH  BUILDINGS  OR  STRUCTURES  ON  OR
BEFORE JULY THIRTY-FIRST, TWO THOUSAND ELEVEN.
  (E)  RETROACTIVE REQUIREMENTS. EXISTING BUILDINGS AND STRUCTURES SHALL
BE SUBJECT TO ALL RETROACTIVE REQUIREMENTS IN THE  1968  NEW  YORK  CITY
BUILDING  CODE  AND THE DOB CODES PERTAINING TO FIRE PROTECTION AND LIFE
SAFETY, WHETHER OR NOT THE  DEADLINE  TO  COMPLY  WITH  SUCH  PROVISIONS
PRECEDED  THE EFFECTIVE DATE OF THIS SECTION. IN BUILDINGS OR STRUCTURES
WHERE THE DEADLINE PRECEDED THE EFFECTIVE DATE  OF  THIS  SECTION,  SUCH
BUILDINGS AND STRUCTURES SHALL HAVE THREE YEARS TO COME INTO COMPLIANCE.
WHERE THE DEADLINE HAS NOT YET PASSED, EXISTING BUILDINGS AND STRUCTURES
SHALL HAVE AS MUCH TIME TO COME INTO COMPLIANCE AS EACH SUCH RETROACTIVE
REQUIREMENT ORIGINALLY AFFORDED EXISTING BUILDINGS WHEN IT BECAME EFFEC-
TIVE.
  4.  DEPARTMENT  OF  LABOR COOPERATION WITH DEPARTMENT OF ENVIRONMENTAL
PROTECTION OF A CITY WITH A POPULATION OF ONE MILLION OR  MORE  INHABIT-
ANTS.    THE COMMISSIONER OF LABOR AND THE COMMISSIONER OF ENVIRONMENTAL
PROTECTION OF A CITY WITH A POPULATION OF ONE MILLION OR  MORE  INHABIT-
ANTS  SHALL COOPERATE IN PROVIDING NOTIFICATION OF, AND SHARING RELEVANT
INFORMATION ABOUT ASBESTOS ABATEMENT PROJECTS IN SUCH CITY AT ALL BUILD-
INGS AND STRUCTURES OWNED, LEASED OR OPERATED BY THE STATE OF  NEW  YORK
OR  A  STATE  AGENCY,  AS  THAT TERM IS DEFINED IN SECTION THREE HUNDRED
SEVENTY-TWO OF THE EXECUTIVE  LAW,  AND  SHALL  OTHERWISE  COOPERATE  AS
NECESSARY, IN ORDER TO FURTHER ENHANCE THE SAFETY OF SUCH PROJECTS.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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

                                 8407--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2009
                               ___________

Introduced  by  M.  of  A. GOTTFRIED, BRENNAN, LANCMAN, MILLMAN, COLTON,
  CASTRO -- Multi-Sponsored by -- M. of A. COOK, MAYERSOHN, MENG,  PHEF-
  FER  -- read once and referred to the Committee on Cities -- recommit-
  ted to the Committee on Cities in accordance  with  Assembly  Rule  3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- reported and referred  to
  the Committee on Ways and Means -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT creating the New York city-New York state task force on building
  and fire safety, and providing for the duties thereof;  and  providing
  for the repeal of such provisions upon expiration thereof

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

  Section 1. There shall be a New York city-New York state task force on
building and fire safety in state-owned or leased buildings.
  S 2. The task force shall consist of a working group co-chaired by one
appointee of the governor and one appointee of the mayor of the city  of
New  York.    In addition to the co-chairs, the working group shall have
eight other members, four of whom shall represent the city and  four  of
whom  shall  represent  the state. The city members shall consist of one
representative from the New York city department of buildings, one  from
the New York city fire department, and two additional representatives of
the  city  of  New  York appointed by the mayor. The state members shall
consist of one representative from the office of general  services,  one
from  the  department of state division of code enforcement and adminis-
tration, one from the New York  state  office  of  fire  prevention  and
control,  and  one  additional  representative  of the state of New York
appointed by the governor.
  S 3. The duties of the task force shall consist of the following:  (a)
review  key  distinctions between the respective building and fire codes
of the city and state of New York, and  recommend  enhancements  to  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11848-10-0
              

A. 8407--B                          2

state  and  city  codes as applied to buildings located in New York city
that are owned or leased by the state of New York or a state agency,  as
that  term  is  defined  in section 372 of the executive law; (b) review
safety  issues  and concerns encountered by first-responders in New York
city when responding to emergencies in buildings owned or leased by  the
state  of New York or a state agency, as that term is defined in section
372 of the executive law; (c) review and update the inventory of  build-
ings in the city of New York owned or leased by the state of New York or
a  state agency, as that term is defined in section 372 of the executive
law, and the entities controlling each such building; (d) review  exist-
ing  formal and informal arrangements for building and fire code compli-
ance, and inspections by city agencies for buildings owned or leased  by
the  state  of  New  York  or a state agency, as that term is defined in
section 372 of the executive law;  (e)  develop  mechanisms  to  enhance
transparency  of  construction and operation of buildings in the city of
New York owned or leased by the state of New York or a state agency,  as
that  term  is  defined  in  section 372 of the executive law, including
posting of inspection data and  publication  of  information  about  new
state  projects;  (f)  review major state capital projects over the last
decade in the city of New York and identify issues related to compliance
with fire codes and life-safety for  such  capital  projects;  (g)  make
recommendations  that would address the relationship of the building and
fire codes of the city to buildings owned or leased by the state of  New
York  or  a  state agency, as that term is defined in section 372 of the
executive law.
  S 4. The task force shall submit a report to the governor, the  tempo-
rary  president  of the senate, the speaker of the assembly, the speaker
of the city council of the city of New York, and the mayor of  the  city
of New York no later than March first, 2012.
  S  5.  This  act shall take effect immediately and shall expire and be
deemed repealed June thirtieth, two thousand twelve.