S T A T E O F N E W Y O R K
________________________________________________________________________
2865
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
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Introduced by M. of A. ZEBROWSKI, JAFFEE, O'DONNELL, STECK, GOTTFRIED,
COOK, GALEF, MARKEY, THIELE, PAULIN, SEPULVEDA, KEARNS -- Multi-Spon-
sored by -- M. of A. ARROYO, DINOWITZ, RIVERA, SCHIMEL -- read once
and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to expanding remedies for
violations of New York state uniform fire prevention and building code
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 382 of the executive law, as added by chapter 707
of the laws of 1981, subdivision 2 as amended by chapter 135 of the laws
of 1997, is amended to read as follows:
S 382. Remedies. 1. In addition to and not in limitation of any power
otherwise granted by law, every local government and its authorized
agents shall have the power to order in writing the remedying of any
condition found to exist in, on or about any building in violation of
the uniform fire prevention and building code and to issue appearance
tickets for violations of the uniform code.
2. Any person, having been served, either personally or by registered
or certified mail, with an order to remedy any condition, OTHER THAN A
CONDITION THAT IS DEEMED AN IMMINENT THREAT TO THE SAFETY AND WELFARE OF
THE BUILDING'S OCCUPANTS, found to exist in, on, or about any building
in violation of the uniform fire prevention and building code, who shall
fail to comply with such order within the time fixed by the regulations
promulgated by the secretary pursuant to subdivision one of section
three hundred eighty-one of this article, such time period to be stated
in the order, and any owner, builder, architect, tenant, contractor,
subcontractor, construction superintendent or their agents or any other
person taking part or assisting in the construction of any building who
shall knowingly violate any of the applicable provisions of the uniform
code or any lawful order of a local government, a county or the secre-
tary made thereunder regarding standards for construction, maintenance,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02973-01-5
A. 2865 2
or fire protection equipment and systems, shall be punishable by a fine
of not more than one thousand dollars per day of violation, or imprison-
ment not exceeding one year, or both.
3. ANY PERSON, HAVING BEEN SERVED, EITHER PERSONALLY OR BY REGISTERED
OR CERTIFIED MAIL, WITH AN ORDER TO REMEDY A CONDITION THAT IS AN IMMI-
NENT THREAT TO THE SAFETY AND WELFARE OF THE BUILDING'S OCCUPANTS AS
DETERMINED BY THE LOCAL GOVERNMENT AND ITS AUTHORIZED AGENTS, FOUND TO
EXIST IN, ON, OR ABOUT ANY BUILDING IN VIOLATION OF THE UNIFORM FIRE
PREVENTION AND BUILDING CODE, WHO SHALL FAIL TO COMPLY WITH SUCH ORDER
WITHIN THE TIME FIXED BY THE REGULATIONS PROMULGATED BY THE SECRETARY
PURSUANT TO SUBDIVISION ONE OF SECTION THREE HUNDRED EIGHTY-ONE OF THIS
ARTICLE, SUCH TIME PERIOD TO BE STATED IN THE ORDER, AND ANY OWNER,
BUILDER, ARCHITECT, TENANT, CONTRACTOR, SUBCONTRACTOR, CONSTRUCTION
SUPERINTENDENT OR THEIR AGENTS OR ANY OTHER PERSON TAKING PART OR
ASSISTING IN THE CONSTRUCTION OF ANY BUILDING WHO SHALL KNOWINGLY
VIOLATE ANY OF THE APPLICABLE PROVISIONS OF THE UNIFORM CODE OR ANY
LAWFUL ORDER OF A LOCAL GOVERNMENT, A COUNTY OR THE SECRETARY MADE THER-
EUNDER REGARDING STANDARDS FOR CONSTRUCTION, MAINTENANCE, OR FIRE
PROTECTION EQUIPMENT AND SYSTEMS, SHALL BE PUNISHABLE BY A FINE OF NO
LESS THAN ONE THOUSAND DOLLARS AND NO MORE THAN FIVE THOUSAND DOLLARS
PER DAY OF VIOLATION OR IMPRISONMENT NOT EXCEEDING ONE YEAR, OR BOTH,
FOR THE FIRST OCCURRENCE OF A VIOLATION FOR ANY BUILDING OWNED BY SUCH
PERSON. A PERSON'S SECOND VIOLATION RELATED TO ANY PROPERTY OWNED BY
SUCH PERSON FOR A CONDITION THAT IS DEEMED AN IMMINENT THREAT TO THE
SAFETY AND WELFARE OF THE BUILDING'S OCCUPANTS, SHALL BE PUNISHABLE BY A
FINE NO LESS THAN FIVE THOUSAND DOLLARS AND NO MORE THAN TEN THOUSAND
DOLLARS PER DAY OF VIOLATION OR IMPRISONMENT NOT EXCEEDING ONE YEAR, OR
BOTH. A PERSON'S THIRD VIOLATION RELATED TO ANY PROPERTY OWNED BY SUCH
PERSON FOR A CONDITION THAT IS DEEMED AN IMMINENT THREAT TO THE SAFETY
AND WELFARE OF THE BUILDING'S OCCUPANTS, SHALL BE PUNISHABLE BY A FINE
NO LESS THAN TEN THOUSAND DOLLARS PER DAY OF VIOLATION OR IMPRISONMENT
NOT EXCEEDING ONE YEAR, OR BOTH.
4. Where the construction or use of a building is in violation of any
provision of the uniform code or any lawful order obtained thereunder, a
justice of the supreme court at a special term in the judicial district
in which the building is located, may order the removal of the building
or an abatement of the condition in violation of such provisions. An
application for such relief may be made by the secretary, an appropriate
municipal officer, or any other person aggrieved by the violation.
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.