senate Bill S6675C

Signed By Governor
2013-2014 Legislative Session

Requires notice to be given to the fire department with jurisdiction over a residential building where construction will utilize truss type, pre-engineered wood or timber construction

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Archive: Last Bill Status Via A1869 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 17, 2014 signed chap.353
Sep 11, 2014 delivered to governor
Jun 20, 2014 returned to assembly
passed senate
3rd reading cal.1695
substituted for s6675c
Jun 20, 2014 substituted by a1869d
ordered to third reading cal.1695
committee discharged and committed to rules
Jun 10, 2014 print number 6675c
amend and recommit to housing, construction and community development
Jun 02, 2014 print number 6675b
amend and recommit to housing, construction and community development
May 23, 2014 print number 6675a
amend and recommit to housing, construction and community development
Feb 26, 2014 referred to housing, construction and community development

Votes

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Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

S6675 - Bill Details

See Assembly Version of this Bill:
A1869D
Law Section:
Executive Law
Laws Affected:
Add §382-b, Exec L
Versions Introduced in 2011-2012 Legislative Session:
A4857

S6675 - Bill Texts

view summary

Requires notice to be given to the fire department with jurisdiction over a residential building where construction will utilize truss type, pre-engineered wood, or timber construction.

view sponsor memo
BILL NUMBER:S6675

TITLE OF BILL: An act to amend the executive law, in relation to
notice requirements and enforcement for residential buildings with
truss type, pre-engineered wood or timber construction

PURPOSE OR GENERAL IDEA OF BILL: Establishes notification
requirements for the use of truss type, pre-engineered wood or timber
construction in residential structures so that the fire entity with
jurisdiction over the structure is aware of the type of construction
that was used and can respond accordingly in the event of a fire.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the executive law by adding a new section § 382-b
that establishes notification requirements for the use of truss type,
pre-engineered wood or timber construction in residential structures.
Upon applying for a building permit for the erection or rehabilitation
of a residential structure where truss type, pre-engineered wood or
timber construction is being utilized, the property owner or the
property owner's representative shall indicate on the permit
application and a form provided by the New York State Fire Prevention
and Building Code Council that truss type construction is being used.
Upon receipt of the permit application and form, the municipality must
notify the Chief of the fire district, fire department or fire company
with jurisdiction over the structure, that truss type, pre-engineered
wood or timber construction is being utilized. As a condition of the
final receipt of a certificate of occupancy or certificate of
completion, a sticker designed and approved by the Council must be
affixed to the exterior of the electric pan box.

Subdivision 2 Requires the local building department or local code
enforcement official having jurisdiction over the residential
structure to consult with the county fire coordinator, local 911 and
fire protection dispatchers and the local fire protection provider, to
determine the manner. sufficient to warn persons conducting fire
control and other emergency operations of the existence of truss type,
pre-engineered wood or timber construction in the structure.

Section 2 sets the effective date.

JUSTIFICATION: While truss construction is very durable, when
weakened by a fire, major components of a truss foundation can
collapse suddenly without warning. When responding to a fire
emergency, firefighters are unable to differentiate between a building
constructed of truss foundation or another type of construction. As a
result, in recent years truss constructions have been the cause of
many preventable deaths of firefighters. It is imperative that
firefighters are notified of the use of truss type construction so
they can take appropriate measures that will protect the lives of
residents and ensure their own safety. With the enactment of this
bill, emergency responders will be able to take proper precautions in
responding to a fire M a residential structure where truss type
construction was utilized.

PRIOR LEGISLATIVE HISTORY: A.4857 (2012); A.11362 (2010)


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
________________________________________________________________________

                                  6675

                            I N  S E N A T E

                            February 26, 2014
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

AN  ACT  to  amend the executive law, in relation to notice requirements
  and enforcement for residential buildings with truss  type,  pre-engi-
  neered wood or timber 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, PRE-ENGINEERED WOOD
OR TIMBER CONSTRUCTION; NOTICE REQUIREMENTS.  1. A. ANY PERSON UTILIZING
TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION FOR THE  ERECTION
OF  ANY NEW RESIDENTIAL STRUCTURE, FOR ANY ADDITION TO AN EXISTING RESI-
DENTIAL STRUCTURE, OR FOR ANY REHABILITATION OF AN EXISTING  RESIDENTIAL
STRUCTURE,  SHALL, UPON APPLICATION FOR A BUILDING PERMIT WITH THE MUNI-
CIPALITY HAVING JURISDICTION, INCLUDE ON  THE  PERMIT  APPLICATION  THAT
TRUSS   TYPE,  PRE-ENGINEERED  WOOD  OR  TIMBER  CONSTRUCTION  IS  BEING
UTILIZED.
  B. THE PROPERTY OWNER OR THE  PROPERTY  OWNER'S  REPRESENTATIVE  SHALL
COMPLETE  A  FORM  PROVIDED  BY THE COUNCIL DESIGNATING THE STRUCTURE AS
TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER  CONSTRUCTION  AND  FILE  SUCH
FORM WITH THE APPLICATION FOR A BUILDING PERMIT.
  C.  UPON  RECEIVING  THE  APPLICATION FOR A BUILDING PERMIT AND A FORM
DESIGNATING THE STRUCTURE AS TRUSS TYPE, PRE-ENGINEERED WOOD  OR  TIMBER
CONSTRUCTION,  THE  MUNICIPALITY  HAVING  JURISDICTION  SHALL  NOTIFY BY
CERTIFIED MAIL, FACSIMILE, E-MAIL OR OTHER ELECTRONIC MEANS,  THE  CHIEF
OF  THE  FIRE DISTRICT, FIRE DEPARTMENT OR FIRE COMPANY HAVING JURISDIC-
TION OVER THE STRUCTURE TO BE CREDITED, ADDED TO, OR MODIFIED, OR HIS OR
HER  DESIGNEE,  THAT  TRUSS  TYPE,   PRE-ENGINEERED   WOOD   OR   TIMBER
CONSTRUCTION IS BEING UTILIZED.
  D.  AS  A CONDITION OF THE FINAL RECEIPT OF A CERTIFICATE OF OCCUPANCY
OR CERTIFICATE OF COMPLETION, A STICKER DESIGNED  AND  APPROVED  BY  THE
COUNCIL SHALL BE AFFIXED TO THE EXTERIOR ELECTRIC PAN BOX.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03234-04-4

S. 6675                             2

  E.  THE PROPERTY OWNER OR HIS OR HER REPRESENTATIVE SHALL BE RESPONSI-
BLE FOR MAINTAINING THE STICKER ON THE ELECTRIC PAN  BOX  OF  THE  RESI-
DENCE, AS REQUIRED BY PARAGRAPH D OF THIS SUBDIVISION, AND SHALL REPLACE
THE  STICKER  WHEN ANY CHANGES OR MODIFICATIONS ARE MADE TO THE ELECTRIC
PAN BOX OR THE STICKER IS DAMAGED.
  2. A. THE LOCAL BUILDING DEPARTMENT OR LOCAL CODE ENFORCEMENT OFFICIAL
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  AND FIRE PROTECTION DISPATCHERS, AND THE
LOCAL FIRE PROTECTION PROVIDER 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, PRE-ENGINEERED WOOD
OR TIMBER CONSTRUCTION IN THE STRUCTURE.
  B. THE CHIEF OF THE FIRE DISTRICT, FIRE DEPARTMENT,  OR  FIRE  COMPANY
HAVING  JURISDICTION OVER THE RESIDENTIAL STRUCTURE TO BE ERECTED, ADDED
TO, OR MODIFIED, OR HIS  OR  HER  DESIGNEE  SHALL  USE  THE  INFORMATION
PROVIDED  UNDER SUBDIVISION ONE OF THIS SECTION TO WARN PERSONS CONDUCT-
ING FIRE CONTROL AND OTHER EMERGENCY  OPERATIONS  OF  THE  EXISTENCE  OF
TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER 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.

S6675A - Bill Details

See Assembly Version of this Bill:
A1869D
Law Section:
Executive Law
Laws Affected:
Add §382-b, Exec L
Versions Introduced in 2011-2012 Legislative Session:
A4857

S6675A - Bill Texts

view summary

Requires notice to be given to the fire department with jurisdiction over a residential building where construction will utilize truss type, pre-engineered wood, or timber construction.

view sponsor memo
BILL NUMBER:S6675A

TITLE OF BILL: An act to amend the executive law, in relation to
notice requirements and enforcement for residential buildings with
truss type, pre-engineered wood or timber construction

PURPOSE OR GENERAL IDEA OF BILL: Establishes notification
requirements for the use of truss type, pre-engineered wood or timber
construction in residential structures so that the fire entity with
jurisdiction over the structure is aware of the type of construction
that was used and can respond accordingly in the event of a fire.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the executive law by adding a new section § 382-b
that establishes notification requirements for the use of truss type,
pre-engineered wood or timber construction in residential structures.
Upon applying for a building permit for the erection or rehabilitation
of a residential structure where truss type, pre-engineered wood or
timber construction is being utilized, the property owner or the
property owner's representative shall indicate on the permit
application and a form provided by the New York State Fire Prevention
and Building Code Council that truss type construction is being used.
Upon receipt of the permit application and form, the municipality must
notify the Chief of the fire district, fire department or fire company
with jurisdiction over the structure, that truss type, pre-engineered
wood or timber construction is being utilized. As a condition of the
final receipt of a certificate of occupancy or certificate of
completion, a sticker designed and approved by the Council must be
affixed to the exterior of the electric pan box. Subdivision 2
Requires the local building department or local code enforcement
official having jurisdiction over the residential structure to consult
with the county fire coordinator, local 911 and fire protection
dispatchers and the local fire protection provider, to determine the
manner sufficient to warn persons conducting fire control and other
emergency operations of the existence of truss type, pre-engineered
wood or timber construction in the structure.

Section 2 sets the effective date.

JUSTIFICATION: While truss construction is very durable, when
weakened by a fire, major components of a truss foundation can
collapse suddenly without warning.

When responding to a fire emergency, firefighters are unable to
differentiate between a building constructed of truss foundation or
another type of construction. As a result, in recent years truss
constructions have been the cause of many preventable deaths of
firefighters. It is imperative that firefighters are notified of the
use of truss type construction so they can take appropriate measures
that will protect the lives of residents and ensure their own safety.
With the enactment of this bill, emergency responders will be able to
take proper precautions in responding to a fire in a residential
structure where truss type construction was utilized.

PRIOR LEGISLATIVE HISTORY: A.4857 (2012); A.11362 (2010)


FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6675--A

                            I N  S E N A T E

                            February 26, 2014
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community  Development  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the executive law, in relation  to  notice  requirements
  and  enforcement  for residential buildings with truss type, pre-engi-
  neered wood or timber 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,  PRE-ENGINEERED  WOOD
OR TIMBER CONSTRUCTION; NOTICE REQUIREMENTS.  1. A. ANY PERSON UTILIZING
TRUSS  TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION FOR THE ERECTION
OF ANY NEW RESIDENTIAL STRUCTURE, FOR ANY ADDITION TO AN EXISTING  RESI-
DENTIAL  STRUCTURE, OR FOR ANY REHABILITATION OF AN EXISTING RESIDENTIAL
STRUCTURE, SHALL, UPON APPLICATION FOR A BUILDING PERMIT WITH THE  MUNI-
CIPALITY  HAVING  JURISDICTION,  INCLUDE  ON THE PERMIT APPLICATION THAT
TRUSS  TYPE,  PRE-ENGINEERED  WOOD  OR  TIMBER  CONSTRUCTION  IS   BEING
UTILIZED.
  B.  THE  PROPERTY  OWNER  OR THE PROPERTY OWNER'S REPRESENTATIVE SHALL
COMPLETE A FORM PROVIDED BY THE COUNCIL  DESIGNATING  THE  STRUCTURE  AS
TRUSS  TYPE,  PRE-ENGINEERED  WOOD  OR TIMBER CONSTRUCTION AND FILE SUCH
FORM WITH THE APPLICATION FOR A BUILDING PERMIT.
  C. UPON RECEIVING THE APPLICATION FOR A BUILDING  PERMIT  AND  A  FORM
DESIGNATING  THE  STRUCTURE AS TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER
CONSTRUCTION, THE  MUNICIPALITY  HAVING  JURISDICTION  SHALL  NOTIFY  BY
CERTIFIED  MAIL,  FACSIMILE, E-MAIL OR OTHER ELECTRONIC MEANS, THE CHIEF
OF THE FIRE DISTRICT, FIRE DEPARTMENT OR FIRE COMPANY  HAVING  JURISDIC-
TION OVER THE STRUCTURE TO BE CREDITED, ADDED TO, OR MODIFIED, OR HIS OR
HER   DESIGNEE,   THAT   TRUSS   TYPE,  PRE-ENGINEERED  WOOD  OR  TIMBER
CONSTRUCTION IS BEING UTILIZED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03234-06-4

S. 6675--A                          2

  D. AS A CONDITION OF THE FINAL RECEIPT OF A CERTIFICATE  OF  OCCUPANCY
OR  CERTIFICATE  OF  COMPLETION,  A STICKER DESIGNED AND APPROVED BY THE
COUNCIL SHALL BE AFFIXED TO THE EXTERIOR ELECTRIC PAN BOX.
  E.  THE PROPERTY OWNER OR HIS OR HER REPRESENTATIVE SHALL BE RESPONSI-
BLE FOR MAINTAINING THE STICKER ON THE ELECTRIC PAN  BOX  OF  THE  RESI-
DENCE, AS REQUIRED BY PARAGRAPH D OF THIS SUBDIVISION, AND SHALL REPLACE
THE  STICKER  WHEN ANY CHANGES OR MODIFICATIONS ARE MADE TO THE ELECTRIC
PAN BOX OR THE STICKER IS DAMAGED.
  2. A. THE LOCAL BUILDING DEPARTMENT OR LOCAL CODE ENFORCEMENT OFFICIAL
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 AND FIRE  PROTECTION  DISPATCHERS,  AND  THE
LOCAL  FIRE  PROTECTION PROVIDER 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, PRE-ENGINEERED WOOD
OR TIMBER CONSTRUCTION IN THE STRUCTURE.
  B.  THE  CHIEF  OF THE FIRE DISTRICT, FIRE DEPARTMENT, OR FIRE COMPANY
HAVING JURISDICTION OVER THE RESIDENTIAL STRUCTURE TO BE ERECTED,  ADDED
TO,  OR  MODIFIED,  OR  HIS  OR  HER  DESIGNEE SHALL USE THE INFORMATION
PROVIDED UNDER SUBDIVISION ONE OF THIS SECTION TO WARN PERSONS  CONDUCT-
ING  FIRE  CONTROL  AND  OTHER  EMERGENCY OPERATIONS OF THE EXISTENCE OF
TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION IN THE STRUCTURE.
  C. THE OFFICERS AND MEMBERS OF THE FIRE DEPARTMENT SHALL NOT BE LIABLE
CIVILLY OR CRIMINALLY FOR ANY FAILURE TO WARN  PERSONS  CONDUCTING  FIRE
CONTROL  OR  OTHER EMERGENCY OPERATIONS EXCEPT FOR WILLFUL NEGLIGENCE OR
MALFEASANCE.
  3. THE COUNCIL SHALL MAKE AVAILABLE CONTINUING EDUCATION  HIGHLIGHTING
TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION.
  4.  THE COUNCIL SHALL PROMULGATE RULES AND REGULATIONS IT DEEMS NECES-
SARY TO CARRY INTO EFFECT THE PROVISIONS OF THIS SECTION.
  5. 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.
  6. 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.

S6675B - Bill Details

See Assembly Version of this Bill:
A1869D
Law Section:
Executive Law
Laws Affected:
Add §382-b, Exec L
Versions Introduced in 2011-2012 Legislative Session:
A4857

S6675B - Bill Texts

view summary

Requires notice to be given to the fire department with jurisdiction over a residential building where construction will utilize truss type, pre-engineered wood, or timber construction.

view sponsor memo
BILL NUMBER:S6675B

TITLE OF BILL: An act to amend the executive law, in relation to
notice requirements and enforcement for residential buildings with
truss type, pre-engineered wood or timber construction

PURPOSE OR GENERAL IDEA OF BILL:

This bill would establish notification requirements for the use of
truss type, pre-engineered wood or timber construction in residential
structures so that the fire entity with jurisdiction over the
structure is aware of the type of construction that was used and can
respond accordingly in the event of a fire.

SUMMARY OF SPECIFIC PROVISIONS:

This bill would require that In any new residential structure,
addition to an existing residential structure, or rehabilitation of an
existing residential structure, the property owner or the property
owner's representative would indicate on the permit application and a
form prescribed by the New York State Fire Prevention and Building
Code Council that truss type, pre-engineered wood or timber
construction is being used.

This bill would also require the local government to notify the Chief
of the fire district, fire department or fire company with
jurisdiction over the structure, that truss type, pre-engineered wood
or timber construction is being utilized, upon receipt of the permit
application and form. As a condition of the final receipt of a
certificate of occupancy or certificate of completion, a sign or
symbol designed and approved by the Council would be required to be
affixed to the electric box affixed to the exterior of the structure.

Finally, this bill would require the local building department or
local code enforcement official having jurisdiction over the
residential structure to consult with the county fire coordinator,
local 911 and emergency dispatchers and the local fire protection
provider, to determine the manner sufficient to warn persons
conducting fire control and other emergency operations of the
existence of truss type, pre-engineered wood or timber construction in
the structure.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

Adds new section 382-b to the Executive Law.

JUSTIFICATION:

While truss construction is very durable, when weakened by a fire,
major components of a truss foundation can collapse suddenly without
warning. When responding to a fire emergency, firefighters are unable
to differentiate between a building constructed of truss foundation or
another type of construction. As a result, in recent years truss
constructions have been the cause of many preventable deaths of
firefighters. It is imperative that firefighters are notified of the
use of truss type construction so they can take appropriate measures
that will protect the lives of residents and ensure their own safety.


With the enactment of this bill, emergency responders will be able to
take proper precautions in responding to a fire in a residential
structure where truss type construction was utilized.

PRIOR LEGISLATIVE HISTORY:

A.4857 (2012);
A.11362 (2010)

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding 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
within 180 days after the date on which this act shall have become a
law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6675--B

                            I N  S E N A T E

                            February 26, 2014
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community  Development  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the executive law, in relation to notice requirements
  and enforcement for residential buildings with truss  type,  pre-engi-
  neered wood or timber 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, PRE-ENGINEERED WOOD
OR TIMBER CONSTRUCTION; NOTICE REQUIREMENTS.  1. A. ANY PERSON UTILIZING
TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION FOR THE  ERECTION
OF  ANY NEW RESIDENTIAL STRUCTURE, FOR ANY ADDITION TO AN EXISTING RESI-
DENTIAL STRUCTURE, OR FOR ANY REHABILITATION OF AN EXISTING  RESIDENTIAL
STRUCTURE,  SHALL, UPON APPLICATION FOR A BUILDING PERMIT WITH THE LOCAL
GOVERNMENT HAVING JURISDICTION, INCLUDE ON THE PERMIT  APPLICATION  THAT
TRUSS   TYPE,  PRE-ENGINEERED  WOOD  OR  TIMBER  CONSTRUCTION  IS  BEING
UTILIZED.
  B. THE PROPERTY OWNER OR THE  PROPERTY  OWNER'S  REPRESENTATIVE  SHALL
COMPLETE  A  FORM PRESCRIBED BY THE COUNCIL DESIGNATING THE STRUCTURE AS
TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER  CONSTRUCTION  AND  FILE  SUCH
FORM WITH THE APPLICATION FOR A BUILDING PERMIT.
  C.  UPON  RECEIVING  THE  APPLICATION FOR A BUILDING PERMIT AND A FORM
DESIGNATING THE STRUCTURE AS TRUSS TYPE, PRE-ENGINEERED WOOD  OR  TIMBER
CONSTRUCTION,  THE  LOCAL GOVERNMENT HAVING JURISDICTION SHALL NOTIFY BY
CERTIFIED MAIL, FACSIMILE, E-MAIL OR OTHER ELECTRONIC MEANS,  THE  CHIEF
OF  THE  FIRE DISTRICT, FIRE DEPARTMENT OR FIRE COMPANY HAVING JURISDIC-
TION OVER THE STRUCTURE TO BE ERECTED, ADDED TO, OR MODIFIED, OR HIS  OR
HER   DESIGNEE,   THAT   TRUSS   TYPE,  PRE-ENGINEERED  WOOD  OR  TIMBER
CONSTRUCTION IS BEING UTILIZED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03234-08-4

S. 6675--B                          2

  D. AS A CONDITION OF THE FINAL RECEIPT OF A CERTIFICATE  OF  OCCUPANCY
OR  CERTIFICATE OF COMPLETION, A SIGN OR SYMBOL DESIGNED AND APPROVED BY
THE COUNCIL SHALL BE AFFIXED TO ANY ELECTRIC BOX ATTACHED TO THE EXTERI-
OR OF THE STRUCTURE, IF ONE EXISTS.
  E.  THE PROPERTY OWNER OR HIS OR HER REPRESENTATIVE SHALL BE RESPONSI-
BLE FOR MAINTAINING THE SIGN OR SYMBOL ON THE ELECTRIC BOX OF THE  RESI-
DENCE, AS REQUIRED BY PARAGRAPH D OF THIS SUBDIVISION, AND SHALL REPLACE
THE  SIGN  OR  SYMBOL  WHEN ANY CHANGES OR MODIFICATIONS ARE MADE TO THE
ELECTRIC BOX OR THE SIGN OR SYMBOL IS DAMAGED.
  2. A. THE LOCAL BUILDING DEPARTMENT OR LOCAL CODE ENFORCEMENT OFFICIAL
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 AND EMERGENCY  DISPATCHERS,  AND  THE  LOCAL
FIRE  PROTECTION  PROVIDER  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, PRE-ENGINEERED WOOD
OR TIMBER CONSTRUCTION IN THE STRUCTURE.
  B.  THE  CHIEF  OF THE FIRE DISTRICT, FIRE DEPARTMENT, OR FIRE COMPANY
HAVING JURISDICTION OVER THE RESIDENTIAL STRUCTURE TO BE ERECTED,  ADDED
TO,  OR  MODIFIED,  OR  HIS  OR  HER  DESIGNEE SHALL USE THE INFORMATION
PROVIDED UNDER SUBDIVISION ONE OF THIS SECTION TO WARN PERSONS  CONDUCT-
ING  FIRE  CONTROL  AND  OTHER  EMERGENCY OPERATIONS OF THE EXISTENCE OF
TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION IN THE STRUCTURE.
  C. THE OFFICERS AND MEMBERS OF THE FIRE DEPARTMENT SHALL NOT BE LIABLE
CIVILLY OR CRIMINALLY FOR ANY FAILURE TO WARN  PERSONS  CONDUCTING  FIRE
CONTROL  OR  OTHER  EMERGENCY  OPERATIONS EXCEPT IN INSTANCES OF WILLFUL
NEGLIGENCE OR MALFEASANCE.
  3. THE COUNCIL SHALL PROMULGATE RULES AND REGULATIONS IT DEEMS  NECES-
SARY  TO CARRY INTO EFFECT THE PROVISIONS OF THIS SECTION INCLUDING, BUT
NOT LIMITED TO, THE DIMENSIONS AND COLOR OF SUCH SIGN OR SYMBOL.
  4. LOCAL GOVERNMENTS SHALL PROVIDE BY LOCAL LAW OR RESOLUTION FOR  THE
ENFORCEMENT  OF  THE  PROVISIONS  OF THIS SECTION, IF NECESSARY.   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. The secretary of state, and the state fire  administrator,  shall
to  the  greatest  extent practical make available, and incorporate into
existing uniform fire prevention and building code training,  and  other
fire  safety  training, educational information highlighting truss type,
pre-engineered wood or timber construction and safety precautions.
  S 3. 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.

S6675C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1869D
Law Section:
Executive Law
Laws Affected:
Add §382-b, Exec L
Versions Introduced in 2011-2012 Legislative Session:
A4857

S6675C (ACTIVE) - Bill Texts

view summary

Requires notice to be given to the fire department with jurisdiction over a residential building where construction will utilize truss type, pre-engineered wood, or timber construction.

view sponsor memo
BILL NUMBER:S6675C REVISED 6/16/14

TITLE OF BILL: An act to amend the executive law, in relation to
notice requirements and enforcement for residential buildings with
truss type, pre-engineered wood or timber construction

PURPOSE OR GENERAL IDEA OF BILL: This bill would establish
notification requirements for the use of truss type, pre-engineered
wood or timber construction in residential structures so that the fire
entity with jurisdiction over the structure is aware of the type of
construction that was used and can respond accordingly in the event of
a fire.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the executive law by
adding a new section S 382-b that establishes notification
requirements for the use of truss type, pre-engineered wood or timber
construction in residential structures. The phrase "truss type,
pre-engineered wood or timber construction" means either conventional
wood trusses built up from solid sawn material, usually 2X pieces, or
heavy timber trusses (e.g. bowstring truss) built up from
large-section pieces meeting the dimensional requirements of heavy
timber as defined by the New York State Fire Prevention and Building
Code.

Subdivision 1. Upon applying for a building permit for the erection or
rehabilitation of a residential structure where truss type,
pre-engineered wood or timber construction is being utilized, the
property owner or the property owner's representative shall indicate
on the permit application and a form provided by the New York State
Fire Prevention and Building Code Council that truss type construction
is being used. Upon receipt of the permit application and form, the
municipality must notify the Chief of the fire district, fire
department or fire company with jurisdiction over the structure, that
truss type, pre-engineered wood or timber construction is being
utilized. As a condition of the final receipt of a certificate of
occupancy or certificate of completion, a sticker designed and
approved by the Council must be affixed to the exterior of the
electric pan box.

Subdivision 2. Requires the local building department or local code
enforcement official having jurisdiction over the residential
structure to consult with the county fire coordinator, local 911 and
fire protection dispatchers and the local fire protection provider, to
determine the manner sufficient to warn persons conducting fire
control and other emergency operations of the existence of truss type,
pre-engineered wood or timber construction in the structure.

Subdivision 3. Directs the Department of State's State Fire Prevention
and Building Code Council to promulgate rules and regulations it deems
necessary to carry into effect the provisions of this section
including, but not limited to, the dimensions and color of such sign
or symbol.

Subdivision 4. Directs local governments to provide by local law or
resolution for the enforcement of the provisions of this act.


Section 2 directs the secretary of state, and the state fire
administrator to incorporate into existing uniform fire prevention and
building code training, and other safety training, educational
information highlighting truss type, pre-engineered wood or timber
construction and safety precautions.

Section 3. Sets the effective date.

JUSTIFICATION: While truss construction is very durable, when weakened
by a fire, major components of a truss foundation can collapse
suddenly without warning. When responding to a fire emergency,
firefighters are unable to differentiate between a building
constructed of truss foundation or another type of construction. As a
result, in recent years truss constructions have been the cause of
many preventable deaths of firefighters. It is imperative that
firefighters are notified of the use of truss type construction so
they can take appropriate measures that will protect the lives of
residents and ensure their own safety. With the enactment of this
bill, emergency responders will be able to take proper precautions in
responding to a fire in a residential structure where truss type
construction was utilized.

PRIOR LEGISLATIVE HISTORY: A.4857 (2012); A.11362 (2010)

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of January
next succeeding 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 within 180 days after the date on
which this act shall have become a law.

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

                                 6675--C

                            I N  S E N A T E

                            February 26, 2014
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community  Development  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the executive law, in relation  to  notice  requirements
  and  enforcement  for residential buildings with truss type, pre-engi-
  neered wood or timber 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,  PRE-ENGINEERED  WOOD
OR TIMBER CONSTRUCTION; NOTICE REQUIREMENTS.  1. A. ANY PERSON UTILIZING
TRUSS  TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION FOR THE ERECTION
OF ANY NEW RESIDENTIAL STRUCTURE, FOR ANY ADDITION TO AN EXISTING  RESI-
DENTIAL  STRUCTURE, OR FOR ANY REHABILITATION OF AN EXISTING RESIDENTIAL
STRUCTURE, SHALL, UPON APPLICATION FOR A BUILDING PERMIT WITH THE  LOCAL
GOVERNMENT  HAVING  JURISDICTION, INCLUDE ON THE PERMIT APPLICATION THAT
TRUSS  TYPE,  PRE-ENGINEERED  WOOD  OR  TIMBER  CONSTRUCTION  IS   BEING
UTILIZED.
  B.  THE  PROPERTY  OWNER  OR THE PROPERTY OWNER'S REPRESENTATIVE SHALL
COMPLETE A FORM PRESCRIBED BY THE COUNCIL DESIGNATING THE  STRUCTURE  AS
TRUSS  TYPE,  PRE-ENGINEERED  WOOD  OR TIMBER CONSTRUCTION AND FILE SUCH
FORM WITH THE APPLICATION FOR A BUILDING PERMIT.
  C. UPON RECEIVING THE APPLICATION FOR A BUILDING  PERMIT  AND  A  FORM
DESIGNATING  THE  STRUCTURE AS TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER
CONSTRUCTION, THE LOCAL GOVERNMENT HAVING JURISDICTION SHALL  NOTIFY  BY
CERTIFIED  MAIL,  FACSIMILE, E-MAIL OR OTHER ELECTRONIC MEANS, THE CHIEF
OF THE FIRE DISTRICT, FIRE DEPARTMENT OR FIRE COMPANY  HAVING  JURISDIC-
TION  OVER THE STRUCTURE TO BE ERECTED, ADDED TO, OR MODIFIED, OR HIS OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03234-10-4

S. 6675--C                          2

HER  DESIGNEE,  THAT  TRUSS  TYPE,   PRE-ENGINEERED   WOOD   OR   TIMBER
CONSTRUCTION IS BEING UTILIZED.
  D.  AS  A CONDITION OF THE FINAL RECEIPT OF A CERTIFICATE OF OCCUPANCY
OR CERTIFICATE OF COMPLETION, A SIGN OR SYMBOL DESIGNED AND APPROVED  BY
THE COUNCIL SHALL BE AFFIXED TO ANY ELECTRIC BOX ATTACHED TO THE EXTERI-
OR OF THE STRUCTURE, IF ONE EXISTS.
  E.  THE PROPERTY OWNER OR HIS OR HER REPRESENTATIVE SHALL BE RESPONSI-
BLE FOR MAINTAINING THE SIGN OR SYMBOL ON THE ELECTRIC BOX OF THE  RESI-
DENCE, AS REQUIRED BY PARAGRAPH D OF THIS SUBDIVISION, AND SHALL REPLACE
THE  SIGN  OR  SYMBOL  WHEN ANY CHANGES OR MODIFICATIONS ARE MADE TO THE
ELECTRIC BOX OR THE SIGN OR SYMBOL IS DAMAGED.
  2. A. THE LOCAL BUILDING DEPARTMENT OR LOCAL CODE ENFORCEMENT OFFICIAL
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 AND EMERGENCY  DISPATCHERS,  AND  THE  LOCAL
FIRE  PROTECTION  PROVIDER  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, PRE-ENGINEERED WOOD
OR TIMBER CONSTRUCTION IN THE STRUCTURE.
  B.  THE  CHIEF  OF THE FIRE DISTRICT, FIRE DEPARTMENT, OR FIRE COMPANY
HAVING JURISDICTION OVER THE RESIDENTIAL STRUCTURE TO BE ERECTED,  ADDED
TO,  OR  MODIFIED,  OR  HIS  OR  HER  DESIGNEE SHALL USE THE INFORMATION
PROVIDED UNDER SUBDIVISION ONE OF THIS SECTION TO WARN PERSONS  CONDUCT-
ING  FIRE  CONTROL  AND  OTHER  EMERGENCY OPERATIONS OF THE EXISTENCE OF
TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION IN THE STRUCTURE.
  C. NOTHING CONTAINED IN THIS SECTION SHALL IN ANY WAY AFFECT OR DIMIN-
ISH SECTION TWO HUNDRED FIVE-B OF THE GENERAL MUNICIPAL LAW.
  3. THE COUNCIL SHALL PROMULGATE RULES AND REGULATIONS IT DEEMS  NECES-
SARY  TO CARRY INTO EFFECT THE PROVISIONS OF THIS SECTION INCLUDING, BUT
NOT LIMITED TO, THE DIMENSIONS AND COLOR OF SUCH SIGN OR SYMBOL.
  4. LOCAL GOVERNMENTS SHALL PROVIDE BY LOCAL LAW OR RESOLUTION FOR  THE
ENFORCEMENT  OF  THE  PROVISIONS  OF THIS SECTION, IF NECESSARY.   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. The secretary of state, and the state fire  administrator,  shall
to  the  greatest  extent practical make available, and incorporate into
existing uniform fire prevention and building code training,  and  other
fire  safety  training, educational information highlighting truss type,
pre-engineered wood or timber construction and safety precautions.
  S 3. 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.

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