Grants local and county governments the authority to inspect state-owned buildings for purposes of enforcing the New York state uniform fire prevention and building code and the New York state energy conservation code; allows written notice of violation but not imposition of a fine.
S T A T E O F N E W Y O R K
________________________________________________________________________
9368
I N A S S E M B L Y
February 24, 2012
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to granting local and
county governments the authority to inspect state-owned buildings for
purposes of enforcing the New York state uniform fire prevention and
building code and the New York state energy conservation code
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 381 of the executive law is amended by adding a new
subdivision 7 to read as follows:
7. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
A LOCAL GOVERNMENT OR COUNTY GOVERNMENT OR AN AGENCY OR DEPARTMENT THER-
EOF THAT IS RESPONSIBLE FOR THE ENFORCEMENT OF THE UNIFORM FIRE
PREVENTION AND BUILDING CODE AND THE ENERGY CONSERVATION CODE IS HEREBY
EMPOWERED TO CONDUCT ALL INSPECTIONS AUTHORIZED BY SUCH CODES AND
ENFORCE SUCH CODES AGAINST 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 THIS ARTICLE, 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; PROVIDED, HOWEVER, THAT NO FINE
SHALL ATTACH RELATIVE TO ANY VIOLATION OF A PROVISION OF SUCH CODES
WHICH IS DISCOVERED DURING AN INSPECTION OR ENFORCEMENT ACTION AUTHOR-
IZED BY THIS SUBDIVISION. NOTICE OF A VIOLATION OF A PROVISION OF SUCH
CODES WHICH IS DISCOVERED DURING AN INSPECTION OR ENFORCEMENT ACTION
AUTHORIZED BY THIS SUBDIVISION SHALL BE ISSUED BY THE LOCAL GOVERNMENT
OR COUNTY GOVERNMENT OR THE AGENCY OR DEPARTMENT THEREOF IN WRITING TO
THE OFFICE OF GENERAL SERVICES OF THE STATE OR TO THE AGENCY WHICH IS
THE OWNER OF THE SUBJECT BUILDING OR STRUCTURE.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made on or
before such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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