Assembly Bill A9592

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9592
 
                           I N  A S S E M B L Y
 
                             January 27, 2020
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend  the  executive  law,  in  relation  to  enforcing  fire
   prevention  and building codes and appointing an oversight officer and
   their duties
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  2  of  section  381 of the executive law, as
 amended by chapter 560 of the laws  of  2010,  is  amended  to  read  as
 follows:
   2.  Except as may be provided in regulations of the secretary pursuant
 to subdivision one of this section, every local government shall  admin-
 ister  and enforce the uniform fire prevention and building code and the
 state energy conservation construction code on and after the  first  day
 of  January,  nineteen  hundred  eighty-four,  provided, however, that a
 local government may enact a local law prior to the first day of July in
 any year providing that it will not enforce such codes on and after  the
 first  day  of [January] APRIL next succeeding. In such event the county
 in which said local government is situated shall administer and  enforce
 such  codes within such local government from and after the first day of
 [January] APRIL next succeeding the effective date of such local law, in
 accordance with the provisions of paragraph b  of  subdivision  five  of
 this  section unless the county shall have enacted a local law providing
 that it will not enforce such codes within that county.  In  such  event
 the  secretary  in  the  place  and stead of the local government shall,
 directly or by contract, administer and enforce the uniform code and the
 state energy conservation construction code IN SUCH LOCAL GOVERNMENT  ON
 AND  AFTER  THE  FIRST DAY OF APRIL NEXT SUCCEEDING. IN THE EVENT THAT A
 COUNTY ENACTS A LOCAL LAW PRIOR TO THE FIRST DAY OF OCTOBER IN ANY  YEAR
 PROVIDING  THAT  IT  WILL  NOT ENFORCE SUCH CODES, THE SECRETARY, IN THE
 PLACE AND STEAD OF THE LOCAL GOVERNMENT, SHALL, DIRECTLY OR BY CONTRACT,
 ADMINISTER AND ENFORCE SUCH CODES FROM AND AFTER THE FIRST DAY OF  APRIL
 NEXT  SUCCEEDING.  A local government or a county may repeal a local law
 which provides that it will not enforce such codes and shall  thereafter
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13827-01-9

 A. 9592                             2
 
 administer  and  enforce such codes as provided above. Two or more local
 governments may provide for joint administration and enforcement of  the
 uniform  code, the state energy conservation construction code, or both,
 by  agreement  pursuant  to article five-G of the general municipal law.
 Any local government may enter into agreement with the county  in  which
 such  local government is situated to administer and enforce the uniform
 code, the state energy conservation construction code, or  both,  within
 such local government.  Local governments or counties may charge fees to
 defray the costs of administration and enforcement.
   §  2.  Subdivision  4 of section 381 of the executive law, as added by
 chapter 707 of the laws of 1981, is amended to read as follows:
   4. If the secretary determines that a local government has  failed  to
 administer  and enforce the uniform fire prevention and building code in
 accordance with the minimum standards promulgated pursuant  to  subdivi-
 sion  one of this section, the secretary shall take any of the following
 actions, either individually or in combination in any sequence:
   a. The secretary may issue an  order  compelling  compliance  by  such
 local  government  with the standards for administration and enforcement
 of the uniform code.
   b. THE SECRETARY MAY APPOINT, AND AT HIS OR HER PLEASURE  REMOVE,  ANY
 PERSON  DEEMED  QUALIFIED  BY THE SECRETARY AS AN OVERSIGHT OFFICER, WHO
 SHALL HAVE THE POWER AND AUTHORITY TO DO ANY OR ALL   OF THE  FOLLOWING,
 AT  THE  DISCRETION  OF THE OVERSIGHT OFFICER AND AT THE EXPENSE OF SUCH
 LOCAL GOVERNMENT: (I) OBSERVE AND REPORT ON COMPLIANCE WITH THE  MINIMUM
 STANDARDS  BY  THE  LOCAL GOVERNMENT; (II) DIRECT ALL OR ANY PART OF THE
 CODE ENFORCEMENT ACTIVITIES OF THE LOCAL  GOVERNMENT'S CODE  ENFORCEMENT
 PERSONNEL; (III) HIRE, CONTRACT FOR, OR OTHERWISE OBTAIN THE SERVICES OF
 QUALIFIED THIRD PARTIES TO REVIEW BUILDING PERMIT APPLICATIONS AND PLANS
 AND   SPECIFICATIONS      SUBMITTED   THEREWITH,   CONDUCT  CONSTRUCTION
 INSPECTIONS  AND  PERIODIC  FIRE   SAFETY   AND   PROPERTY   MAINTENANCE
 INSPECTIONS,  AND  PERFORM  OTHER CODE ENFORCEMENT ACTIVITIES WITHIN THE
 LOCAL  GOVERNMENT; (IV) ISSUE NOTICES OF VIOLATION, APPEARANCE  TICKETS,
 ORDERS TO REMEDY, AND OTHER INSTRUMENTS RELATED TO CODE VIOLATIONS WITH-
 IN  THE  LOCAL GOVERNMENT, OR DIRECT THE LOCAL  GOVERNMENT TO DO SO, AND
 REFER SUCH VIOLATIONS  TO  COUNSEL  FOR  THE  LOCAL  GOVERNMENT  OR  THE
 DISTRICT  ATTORNEY  FOR  THE  COUNTY  IN  WHICH  THE LOCAL GOVERNMENT IS
 LOCATED FOR APPROPRIATE PROSECUTION; AND (V) TAKE ANY OTHER STEPS DEEMED
 BY THE OVERSIGHT OFFICER TO BE NECESSARY OR APPROPRIATE TO  ENSURE  THAT
 THE  UNIFORM CODE IS ADMINISTERED AND ENFORCED WITHIN SUCH LOCAL GOVERN-
 MENT IN A DUE AND PROPER MANNER.
   C. The secretary may ask the attorney general to institute in the name
 of the secretary an action or proceeding seeking  appropriate  legal  or
 equitable  relief  to  require  such  local government to administer and
 enforce the uniform code.
   [c. the]D. THE secretary may designate the county in which such  local
 government is located to administer and enforce the uniform code in such
 local  government.  In  the  case of such designation, the provisions of
 subdivision five of this section shall apply.
   [d.] E. The secretary may, in the place and stead of the local govern-
 ment, administer and enforce the uniform code  in  accordance  with  the
 minimum  standards  promulgated  pursuant  to  subdivision  one  of this
 section. In such event, the  provisions  of  subdivision  five  of  this
 section shall apply.
   §  3.  The  opening  paragraph  of subdivision 5 of section 381 of the
 executive law, as added by chapter 707 of the laws of 1981,  is  amended
 to read as follows:

 A. 9592                             3
 
   Where  the secretary has designated a county to administer and enforce
 the uniform fire prevention and building code within a local  government
 or  has assumed authority for administration and enforcement pursuant to
 subdivision two or paragraph [d] E of subdivision four of this section:
   § 4. This act shall take effect immediately.