senate Bill S3363

2013-2014 Legislative Session

Imposes punishment for violations of the department of labor's fire regulations

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to labor
Feb 01, 2013 referred to labor

S3363 - Bill Details

Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd ยง272, Lab L
Versions Introduced in 2011-2012 Legislative Session:
S4275

S3363 - Bill Texts

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Imposes punishment for violations of the department of labor's fire regulations.

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BILL NUMBER:S3363 REVISED 2/12/13

TITLE OF BILL: An act to amend the labor law, in relation to punishment
for violations of the department of labor's fire regulations

PURPOSE: To decrease the possibility of blocked or locked exit doors.
and prevent tragic scenarios from needlessly occurring.

SUMMARY OF PROVISIONS:

Section 1: Section 272 of the labor law is amended to include the inclu-
sion of a civil penalty for intentional violators of an inadequate fire-
prevented building. As specified in Section 272 of the labor law. no
factory can operate in a building without adequate protection against
fire to all persons employed therein. Before the legislative intent of
this building. section 272 failed to address violators of this require-
ment.

Section 2: Effective date of bill.

EXISTING LAW: All buildings that in-house factories are to be equipped
with adequate protection against fire. There are no penalties on the
books for violators of this act.

JUSTIFICATION: As history shows, inadequate fire prevention methods
lead to mass devastation. The Triangle Shirtwaist Factory Fire of 1911
is a prime example. This event could have been minimized if exit doors
were unlocked and other means to escape the burning building were avail-
able to the young Jewish and Italian women who met their fate in the
fire. As it is required of building owners to have operable exit doors,
available stairways, exit signs, and functioning doors and windows,
owners should adhere to potential hazardous conditions.

Should an owner or entity be found convicted of intentionally practicing
in bad faith, a civil fine shall be levied by a hearing officer of the
department in questioning the violation by such owner or entity. It is
our intent that implementing civil penalties will decrease the practice
of owners or entities that violate this requirement.

LEGISLATIVE HISTORY: 2011-2012: S. 4275 - Referred to Labor.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  3363

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to punishment for  violations
  of the department of labor's fire regulations

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

  Section 1. Section 272 of the labor law is amended  by  adding  a  new
subdivision 8 to read as follows:
  8.  VIOLATION.  ANY  PERSON  OR  ENTITY  RESPONSIBLE FOR MAINTAINING A
BUILDING SO AS TO AFFORD ADEQUATE PROTECTION AGAINST FIRE TO ALL PERSONS
THEREIN SHALL  BE  LIABLE  FOR  A  CIVIL  PENALTY  FOR  ANY  INTENTIONAL
VIOLATION  OF  ANY  PROVISIONS  OF THIS SECTION. SUCH VIOLATION SHALL BE
TRIABLE IN A PROCEEDING BEFORE A HEARING OFFICER OF THE DEPARTMENT  AND,
UPON  CONVICTION OF A PERSON OR ENTITY, SHALL BE PUNISHABLE BY A FINE OF
NO LESS THAN ONE THOUSAND DOLLARS AND NO MORE THAN FIVE THOUSAND DOLLARS
FOR EACH VIOLATION. SUCH CIVIL PENALTY MAY BE RECOVERED IN AN ACTION  OR
PROCEEDING IN ANY COURT OF COMPETENT JURISDICTION.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08265-01-3

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