S T A T E O F N E W Y O R K
________________________________________________________________________
4857
2011-2012 Regular Sessions
I N A S S E M B L Y
February 8, 2011
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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 notice requirements
and enforcement for residential buildings with truss type construction
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 382-b
to read as follows:
S 382-B. RESIDENTIAL BUILDINGS WITH TRUSS TYPE CONSTRUCTION; NOTICE
REQUIREMENTS. 1. A. ANY PERSON UTILIZING TRUSS TYPE CONSTRUCTION FOR
THE ERECTION OF ANY NEW RESIDENTIAL STRUCTURE, FOR ANY ADDITION TO AN
EXISTING RESIDENTIAL STRUCTURE, OR FOR ANY REHABILITATION OF AN EXISTING
RESIDENTIAL STRUCTURE, SHALL, UPON APPLICATION FOR A BUILDING PERMIT
WITH THE MUNICIPALITY HAVING JURISDICTION, INCLUDE ON THE PERMIT APPLI-
CATION THAT TRUSS TYPE CONSTRUCTION OR LIGHTWEIGHT CONSTRUCTION IS BEING
UTILIZED.
B. UPON APPLICATION FOR A BUILDING PERMIT WITH THE MUNICIPALITY HAVING
JURISDICTION, THE APPLICANT SHALL PROVIDE SUCH MUNICIPALITY A NOTARIZED
AFFIDAVIT OF MAILING AFFIRMING THAT THE APPLICANT HAS NOTIFIED, BY
CERTIFIED MAIL, THE CHIEF OF THE FIRE DISTRICT HAVING JURISDICTION OVER
THE STRUCTURE TO BE ERECTED, ADDED TO, OR MODIFIED, OR HIS OR HER DESIG-
NEE, THAT TRUSS TYPE CONSTRUCTION OR LIGHTWEIGHT CONSTRUCTION IS BEING
UTILIZED.
2. A. THE CHIEF OF THE FIRE DISTRICT OR ANY ENTITY THAT PROVIDES FIRE
PROTECTION HAVING JURISDICTION OVER THE RESIDENTIAL STRUCTURE TO BE
ERECTED, ADDED TO, OR MODIFIED, OR HIS OR HER DESIGNEE SHALL CONSULT
WITH THE COUNTY FIRE COORDINATOR, LOCAL 911 DISPATCHERS, AND ANY OTHER
PERSON OR ENTITY DEEMED PERTINENT TO DETERMINE THE MANNER SUFFICIENT TO
WARN PERSONS CONDUCTING FIRE CONTROL AND OTHER EMERGENCY OPERATIONS OF
THE EXISTENCE OF TRUSS TYPE CONSTRUCTION IN THE STRUCTURE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07616-03-1
A. 4857 2
B. THE CHIEF OF THE FIRE DISTRICT HAVING JURISDICTION OVER THE RESI-
DENTIAL STRUCTURE TO BE ERECTED, ADDED TO, OR MODIFIED, OR HIS OR HER
DESIGNEE SHALL USE THE INFORMATION PROVIDED UNDER PARAGRAPH B OF SUBDI-
VISION ONE OF THIS SECTION TO WARN PERSONS CONDUCTING FIRE CONTROL AND
OTHER EMERGENCY OPERATIONS OF THE EXISTENCE OF TRUSS TYPE CONSTRUCTION
IN THE STRUCTURE.
3. THE COUNCIL SHALL PROMULGATE RULES AND REGULATIONS IT DEEMS NECES-
SARY TO CARRY INTO EFFECT THE PROVISIONS OF THIS SECTION.
4. LOCAL GOVERNMENTS SHALL PROVIDE BY LOCAL LAW FOR THE ENFORCEMENT OF
THE PROVISIONS OF THIS SECTION. LOCAL GOVERNMENTS MAY PROVIDE FOR JOINT
ENFORCEMENT OF THE PROVISIONS OF THIS SECTION BY AGREEMENT PURSUANT TO
ARTICLE FIVE-G OF THE GENERAL MUNICIPAL LAW.
5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CITY WITH A
POPULATION OF ONE MILLION OR MORE PERSONS.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, however,
that effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date is authorized and directed to be made and completed with-
in 180 days after the date on which this act shall have become a law.