BILL NUMBER:  S811

 TITLE OF BILL :

An act to amend the executive law, in relation to application of the
state uniform fire prevention and building code to certain premises

 PURPOSE OR GENERAL IDEA OF BILL :

To require State-owned buildings or State-leased space to adhere to
the State's uniform fire prevention and building code.

 SUMMARY OF PROVISIONS :

Section one of this bill amends section 383 of the Executive Law by
adding a new subdivision (5) to provide that, all buildings and
structures owned or leased by a State agency or covered authority
shall adhere to the uniform fire prevention and building code. For
existing buildings and structures constructed before the act's
effective date, the Office of General Services will create a staged
plan for compliance. The staged plan may provide for compliance over a
period of five years. If the Office of General Services determines
that there are reasons requiring delay, the period for compliance
shall be a period not to exceed ten years. However, after enactment of
new subdivision 5, the Legislature may exempt a specific building or
structure from the provisions of this subdivision.
              

Section two of this bill provides that this act shall take effect on
the one hundred eightieth day after it shall have become a law.

 EXISTING LAW :

Currently, there is no law that provides for State owned or leased
property to conform with the State's uniform fire prevention and
building code.

 JUSTIFICATION :

Government controlled buildings should follow the same safety
regulations that privately owned buildings are required to follow.
The informal and voluntary nature of compliance with codes creates a
risk that there is construction, demolition, or other hazardous
activity taking place at these properties that local municipalities
are not aware of, and make it difficult for local municipalities to
require building owners to address and correct those concerns in the
event of an emergency.

Currently, local governments have limited enforcement powers over
State building and property owners. Their enforcement power depends
upon the enabling statute of the State entities that own or lease the
property. In some jurisdictions, the local government's main exercise
of its enforcement powers upon State entities is through the voluntary
filing of construction and demolition projects by those entities, and
through courtesy inspections and liaison relationships.  This bill
would require all buildings and structures that are owned, leased or
operated by the State of New York or by any of its authorities to be
code-compliant to the same extent as privately owned buildings and
structures.

This bill will enhance public safety throughout New York by requiring
the State and its authorities do what all private building owners are
required to do.

 PRIOR LEGISLATIVE HISTORY :

2016: S1059 - Reported to Finance
2015: S1059 - Referred to Housing, Construction, and Community
Development
2014: S.2747 - 3rd Reading Calendar
2013: S.2747 - Passed the Senate
2012: S.2213 - Referred to Housing, Construction, and Community
Development
2011: S.2213 - Referred to Housing, Construction, and Community
Development
2010: S.5666 - Referred to Housing, Construction, and Community
Development
2009: S.5666 - Referred to Housing, Construction, and Community
Development

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law.