Senate Bill S5597B

Signed By Governor

2009-2010 Legislative Session

Relates to the applicability of local laws of certain cities to buildings owned, leased or operated by the state or its agencies

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 30, 2010	signed chap.283
Jul 19, 2010	delivered to governor
Jul 01, 2010	returned to senate passed assembly ordered to third reading rules cal.519 substituted for a8407b
Jun 25, 2010	referred to ways and means delivered to assembly passed senate
Jun 21, 2010	amended on third reading (t) 5597b
Jun 07, 2010	advanced to third reading
Jun 03, 2010	2nd report cal.
Jun 02, 2010	1st report cal.676
Mar 23, 2010	reported and committed to finance
Jan 26, 2010	reported and committed to codes
Jan 20, 2010	print number 5597a
Jan 20, 2010	amend and recommit to cities
Jan 06, 2010	referred to cities
Jun 02, 2009	reported and committed to codes
May 20, 2009	referred to cities

Votes

- Jun 25, 2010 - Floor Vote
  S5597B
  
  Aye
  
  60
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  2
  
  Abstained
  
  0
  - - Floor Vote: Jun 25, 2010
      
      aye (60)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (2)
      
      Larkin
      
      Morahan
  Jun 2, 2010 - Finance Committee Vote
  S5597B
  
  Aye
  
  32
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Finance Committee Vote: Jun 2, 2010
      
      aye (32)
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Larkin
      
      Leibell
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Robach
      
      Saland
      
      Seward
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      aye wr (1)
      
      Perkins
  Mar 23, 2010 - Codes Committee Vote
  S5597B
  
  Aye
  
  15
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: Mar 23, 2010
      
      aye (15)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Duane
      
      Flanagan
      
      Golden
      
      Huntley
      
      Klein
      
      Lanza
      
      Parker
      
      Saland
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      Volker
      
      aye wr (1)
      
      Perkins
  Jan 26, 2010 - Committee Vote
  S5597B
  
  Aye
  
  6
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Committee Vote: Jan 26, 2010
      
      aye (6)
      
      Huntley
      
      Lanza
      
      Monserrate
      
      Oppenheimer
      
      Padavan
      
      Perkins

Bill Amendments

Original

B (Active)

co-Sponsors

2009-S5597 - Details

See Assembly Version of this Bill:: A8407
Law Section:: Executive Law
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7123
2013-2014: A5342
2015-2016: A3836
2017-2018: A2934
2019-2020: A1524
2021-2022: A132
2023-2024: A7145
2025-2026: A6307

2009-S5597 - Summary

Relates to the applicability of local building codes to state and state agency owned buildings; creates the New York city-New York state task force on building and fire safety; provides for the powers and duties of such task force.

2009-S5597 - Sponsor Memo

                                 BILL NUMBER:  S5597

 TITLE OF BILL :
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


 SUMMARY OF PROVISIONS :
This bill would amend the general city law by adding a new section
20-H, which would place all buildings and structures located in the
City of New York that are owned, leased or operated by the state of
New York under the jurisdiction of the New York City Department of
Buildings (DOB) and the Fire Department (FDNY) to the same extent that
privately owned buildings and structures are under the jurisdiction of
such agencies.

The bill would require all newly constructed buildings and structures
to comply with the New York City Construction Codes and DOB Rules (the
"DOB Codes") and the New York City Fire Code and FDNY Rules (the "FDNY
Codes"). With respect to existing buildings and structures, the bill
allows for continued lawful use and occupancy for the duration of the
ownership, lease or operation by the state or state agency provided
the building or structure is operated and maintained in accordance
with the requirements of the DOB Codes and FDNY Codes.  If the
building or structure is altered, all alterations would be subject to

the provisions of the DOB Codes and the FDNY Codes.  Additionally,
existing structures will be subject to the DOB Codes' maintenance
requirements, as well as their retroactive requirements pertaining to
fire protection and life safety.

The bill further provides that the State Commissioner of Labor and the
City Department of Environmental Protection (DEP) shall continue to
cooperate in providing notification of and sharing relevant
information about asbestos abatement projects in the City, and
cooperate as necessary to further enhance the safety of such projects.

 REASONS FOR SUPPORT :
In its report and recommendations last year, the Mayor's Construction,
Demolition, and Abatement (CDA) Working Group found that the informal
and voluntary nature of compliance with the DOB Codes and FDNY Codes
creates a risk that there is construction, demolition, or other
hazardous activity taking place at these properties that the City does
not know about, cannot require building owners to correct, and may not
be prepared to address in the event of an emergency.

Currently, DOB and FDNY have limited enforcement powers over state
building and property owners, depending on the enabling statute of the
state entities. DOB exercises its enforcement powers upon state
entities mainly through the voluntary filing of construction and
demolition projects by those entities. FDNY exercises its enforcement
powers mainly through courtesy inspections and liaison relationships.
This bill would require all buildings and structures located in the
City of New York that are owned, leased or operated by the state of
New York be under the jurisdiction of the New York City Department of
Buildings (DOB) and the Fire Department (FDNY) to the same extent that
privately owned buildings and structures are under the jurisdiction of
such agencies.

New York City DEP and State Department of Labor administer the City's
asbestos compliance program and the bill would require continued
City-State cooperation with regard to asbestos abatement projects in
the City to further enhance the safety of such projects. The bill will
allow the DEP and DOB flexibility in devising a procedure to address
abatements issues in potential construction sites.

While this legislation would have an effect on the building owner's
day-to-day operations in New York City, it would do so while enhancing
public safety throughout the five boroughs and merely asking the
building owner to do what the City asks of any and all private
building owners in the City.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

2009-S5597 - Bill Text download pdf

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

                                  5597

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 20, 2009
                               ___________

Introduced  by Sens. SQUADRON, GOLDEN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cities

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.  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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11848-04-9

S. 5597                             2

  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
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.

S. 5597                             3

  (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 TEN.
  (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 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

co-Sponsors

2009-S5597A - Details

See Assembly Version of this Bill:: A8407
Law Section:: Executive Law
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7123
2013-2014: A5342
2015-2016: A3836
2017-2018: A2934
2019-2020: A1524
2021-2022: A132
2023-2024: A7145
2025-2026: A6307

2009-S5597A - Summary

2009-S5597A - Sponsor Memo

                                 BILL NUMBER:  S5597A

 TITLE OF BILL :
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


 SUMMARY OF PROVISIONS :
This bill would amend the general city law by adding ,a new section
20-H, which would place all buildings and structures located in the
City of New York that are owned, leased or operated by the state of
New York under the jurisdiction of the New York City Department of
Buildings (DOB) and the Fire Department (FDNY) to the same extent that
privately owned buildings and structures are under the jurisdiction of
such agencies.

The bill would require all newly constructed buildings and structures
to comply with the New York City Construction Codes and DOB Rules (the
"DOB Codes") and the New York City Fire Code and FDNY Rules (the "FDNY
Codes"). with respect to existing buildings and structures, the bill
allows for continued lawful use and occupancy for the duration of the
ownership, lease or operation by the state or state agency provided
the building or structure is operated and maintained in accordance
with the requirements of the DOB Codes and FDNY Codes. If the building
or structure is altered, all alterations would be subject to the

provisions of the DOB Codes and the FDNY Codes.  Additionally,
existing structures will be subject to the DOB Codes' maintenance
requirements as well as their retroactive requirements pertaining to
fire protection and life safety.

The bill further provides that the State Commissioner of Labor and the
City Department of Environmental Protection (DEP) shall continue to
cooperate in providing notification of and sharing relevant
information about asbestos abatement projects in the City, and
cooperate as necessary to further enhance the safety of such projects.

 THE  BILL ALSO PROVIDES THAT IT SHALL BE KNOWN AS "GRAFFAGNINO AND
BEDDIA LAW "

 REASONS FOR SUPPORT :
In its report and recommendations last year, the Mayor's Construction
and Demolition, and Abatement (CDA) Working Group found that the
informal and voluntary nature of compliance with the DOB Codes and
FDNY Codes creates a risk that there is construction, demolition, or
other hazardous activity taking place at these properties that the
City does not know about, cannot require building owners to correct,
and may not be prepared to address in the event of an emergency.

Currently, DOB and FDNY have limited enforcement powers over state
building and property owners, depending on the enabling statute of the
state entities. DOB exercises its enforcement powers upon state
entities mainly through the voluntary filing of construction and
demolition projects by those entities. FDNY exercises its enforcement
powers mainly through courtesy inspections and liaison relationships.
This bill would require all buildings and structures located in the
City of New York that are owned, leased or operated by the state of
New York be under the jurisdiction of the New York City Department of
Buildings (DOB) and the Fire Department (FDNY) to the same extent that
privately owned buildings and structures are under the jurisdiction of
such agencies.

New York City DEP and State Department of Labor administer the City's
asbestos compliance program and the bill would require continued
City-State cooperation with regard to asbestos abatement projects in
the City to further enhance the safety of such projects. The bill will
allow the DEP and DOB flexibility in devising a procedure to address
abatements issues in potential construction sites.

While this legislation would have an effect on the building owner's
day-to-day operations in New York City, it would do so while enhancing
public safety throughout the five boroughs and merely asking the
building owner to do what the City asks of any and all private
building owners in the City.

 EFFECTIVE DATE :
This act shall take effect 180 days after it shall have become a law.

2009-S5597A - Bill Text download pdf

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

                                 5597--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 20, 2009
                               ___________

Introduced  by Sens. SQUADRON, GOLDEN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cities --  recom-
  mitted  to  the  Committee on Cities 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 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
ENFORCEMENT  OF SUCH LAWS, RULES AND REGULATIONS ARE HEREBY EMPOWERED TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11848-07-0

S. 5597--A                          2

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
AND PROCEDURES OF A CITY WITH A POPULATION OF ONE MILLION OR MORE INHAB-

S. 5597--A                          3

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.

co-Sponsors

2009-S5597B (ACTIVE) - Details

See Assembly Version of this Bill:: A8407
Law Section:: Executive Law
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7123
2013-2014: A5342
2015-2016: A3836
2017-2018: A2934
2019-2020: A1524
2021-2022: A132
2023-2024: A7145
2025-2026: A6307

2009-S5597B (ACTIVE) - Summary

2009-S5597B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5597B

TITLE OF BILL:

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

PURPOSE:

This bill would establish a joint New York City-New York State task on
building and fire safety.

SUMMARY OF PROVISIONS:

The bill provides that the task force would consist of a working group
co-chaired by one appointee of the Governor, and one appointee of the
Mayor. In addition to these co-chairs, the working group would
consist of four representatives of the City and four representatives
of the State.

The bill sets forth various areas the working group should review
relating to fire and building safety and the relationship of the New
York City fire and building codes to buildings owned by the State in
the City of New York, including safety issues encountered by

first responders in New York city when responding to emergencies in
state-controlled buildings. The task force is to submit a report to
the Governor and the Mayor no later than March 1, 2012.

The bill is deemed repealed as of June 30,2012.

JUSTIFICATION:

This bill seeks to address the safety issues which led to the deaths
of firefighters Joseph Graffagnino Jr. and Robert Beddia in the
August 18, 2007 Deutsche Bank fire in Manhattan.

In its report and recommendations last year, the Mayor's Construction,
Demolition, and Abatement (CDA) Working Group found that the informal
and voluntary nature of compliance
with the New York City Construction Codes and the Rules of the New
York City Department of Buildings (DOB) Department of Buildings Rules
and the New York City Fire Code and the Rules and the New York City
Fire Department (FDNY) creates a risk that there is construction,
demolition, or other hazardous activity taking place at these
properties that the City does not know about, cannot require building
owners to correct, and may not be prepared to address in the event of
an emergency.

Currently, DOB and FDNY have limited enforcement powers over state
building and property owners, depending on the enabling statute of
the state entities. DOB exercises its enforcement powers upon state
entities mainly through the voluntary filing of construction and
demolition projects by those entities. FDNY exercises its enforcement
powers mainly through courtesy inspections and liaison relationships.


The establishment of this task force would further the dialogue and
cooperative efforts of the City and State and would lead to the
development of additional approaches to address the relationship of
the building and fire codes of the City to buildings owned or leased
by the State.
Through a sharing of concerns and expertise on fire- and life-safety
issues, the task force will further the aims of the CDA Working Group
and build a shared commitment to protect the safety of first
responders, workers and the public at these properties.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
Immediately.

2009-S5597B (ACTIVE) - Bill Text download pdf

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

                                 5597--B
    Cal. No. 676

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 20, 2009
                               ___________

Introduced  by Sens. SQUADRON, GOLDEN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Cities --  recom-
  mitted  to  the  Committee on Cities in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended  and  recommitted to said committee -- reported favorably from
  said committee and committed to the Committee  on  Codes  --  reported
  favorably  from  said  committee  and  committed  to  the Committee on
  Finance -- reported favorably from said committee,  ordered  to  first
  and  second  report,  ordered  to a third reading, amended and ordered
  reprinted, retaining its place in the order of third reading

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11848-09-0

S. 5597--B                          2

  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
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.

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Senate Bill S5597B

Signed By Governor

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Jun 25, 2010 - Floor Vote

Floor Vote: Jun 25, 2010

Jun 2, 2010 - Finance Committee Vote

Finance Committee Vote: Jun 2, 2010

Mar 23, 2010 - Codes Committee Vote

Codes Committee Vote: Mar 23, 2010

Jan 26, 2010 - Committee Vote

Committee Vote: Jan 26, 2010

Bill Amendments

co-Sponsors

2009-S5597 - Details

2009-S5597 - Summary

2009-S5597 - Sponsor Memo

2009-S5597 - Bill Text download pdf

co-Sponsors

2009-S5597A - Details

2009-S5597A - Summary

2009-S5597A - Sponsor Memo

2009-S5597A - Bill Text download pdf

co-Sponsors

2009-S5597B (ACTIVE) - Details

2009-S5597B (ACTIVE) - Summary

2009-S5597B (ACTIVE) - Sponsor Memo

2009-S5597B (ACTIVE) - Bill Text download pdf

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Senate Bill S5597B

Signed By Governor

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Sponsored By

Daniel L. Squadron

Archive: Last Bill Status - Signed by Governor

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co-Sponsors

Martin J. Golden

2009-S5597 - Details

2009-S5597 - Summary

2009-S5597 - Sponsor Memo

2009-S5597 - Bill Text download pdf

co-Sponsors

Martin J. Golden

2009-S5597A - Details

2009-S5597A - Summary

2009-S5597A - Sponsor Memo

2009-S5597A - Bill Text download pdf

co-Sponsors

Martin J. Golden

2009-S5597B (ACTIVE) - Details

2009-S5597B (ACTIVE) - Summary

2009-S5597B (ACTIVE) - Sponsor Memo

2009-S5597B (ACTIVE) - Bill Text download pdf

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