senate Bill S4421

2013-2014 Legislative Session

Provides immunity from administrative action against NYC fire officers who are unable to properly conduct building inspections

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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 cities
Jun 21, 2013 committed to rules
May 23, 2013 advanced to third reading
May 22, 2013 2nd report cal.
May 21, 2013 1st report cal.696
Mar 27, 2013 referred to cities

Votes

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May 21, 2013 - Cities committee Vote

S4421
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Cities Committee Vote: May 21, 2013

Co-Sponsors

S4421 - Bill Details

See Assembly Version of this Bill:
A7783
Current Committee:
Senate Cities
Law Section:
General Municipal Law
Laws Affected:
Add ยง209-ff, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:
S5334, A7188

S4421 - Bill Texts

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Provides immunity from administrative action against New York City fire officers who, due to lack of training, are effectively unable to properly conduct building inspections.

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BILL NUMBER:S4421

TITLE OF BILL: An act to amend the general municipal law, in relation
to providing immunity from administrative action against certain New
York city fire officers

PURPOSE:

The bill will provide immunity from administrative action against New
York City Fire Officers who, due to lack of such training, are
effectively unable to properly conduct building inspections.

SUMMARY OF PROVISIONS:

Section one of the bill provides that a fire officer of the New York
City Fire Department ("FDNY") will be immune from administrative
liability for any act or omission stemming from the failure of FDNY to
provide the fire officer with proper training in regard to (i) the New
York City building and construction codes and local ordinances, (ii)
the inspection duties of fire fighters, or (iii) changes to the codes
that became effective on or after July 1, 2008.

Section two of the bill provides that this act shall take effect
immediately.

EXISTING LAW:

Currently, a fire officer can be held liable in an administrative
proceeding for acting or failing to act even though the officer did
not receive adequate training regarding his or her responsibilities
and the current law.

JUSTIFICATION:

During the 2010 legislative session a bill to provide New York City
Fire Officers 40 hours training in the new Fire Code and 40 hours
training in the new Building Code (both effective July 2008) received
a New York City Council Home Rule Message and overwhelmingly passed
both houses of the NY State Legislature only to be vetoed by the
Governor primarily for financial reasons. Since the mandate to provide
the training has effectively been removed and the City of New York
refuses to provide adequate training on building inspection and code
enforcement, the bill will provide immunity from administrative action
against New York City Fire Officers who, due to lack of such training,
are effectively unable to properly conduct building inspections.

PRIOR LEGISLATIVE HISTORY:

2011-2: S.5334 - Referred to Cities

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
________________________________________________________________________

                                  4421

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 27, 2013
                               ___________

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

AN ACT to amend the general municipal  law,  in  relation  to  providing
  immunity from administrative action against certain New York city fire
  officers

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

  Section 1. The general municipal  law  is  amended  by  adding  a  new
section 209-ff to read as follows:
  S 209-FF. LIABILITY OF FIRE OFFICERS. IN ANY CITY WITH A POPULATION OF
ONE  MILLION  OR  MORE, THE FIRE OFFICERS OF THE FIRE DEPARTMENT OF SUCH
CITY SHALL BE IMMUNE FROM ADMINISTRATIVE LIABILITY RELATING TO  ANY  ACT
OR OMISSION WHICH MAY BE ATTRIBUTABLE TO THE FAILURE OF THE FIRE DEPART-
MENT  OF SUCH CITY TO PROVIDE TRAINING TO SUCH OFFICERS IN REGARD TO THE
BUILDING AND CONSTRUCTION CODES AND LOCAL ORDINANCES OF SUCH CITY,  WITH
AN EMPHASIS ON THE INSPECTION DUTIES OF FIRE OFFICERS, AND ANY PERTINENT
CHANGES  IN SUCH DUTIES RESULTING FROM THE ENACTMENT OF OR ANY AMENDMENT
TO ANY OF SUCH CODES ON OR AFTER JULY FIRST, TWO THOUSAND EIGHT.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10082-01-3

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