Assembly Bill A10194

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

                                  10194

                          I N  A S S E M B L Y

                              May 10, 2012
                               ___________

Introduced  by M. of A. SCHIMEL -- read once and referred to the Commit-
  tee 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
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-

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

                                                           LBD15650-01-2

A. 10194                            2

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]  TWO  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.
  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.