Senate Bill S5838B

                                
 
BILL NUMBER: S5838

SPONSOR: KAVANAGH
 
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 sets forth the effective date.

 
JUSTIFICATION:

Government-controlled buildings should follow the same safety regu-
lations that privately-owned buildings are required to follow. The
informal and voluntary nature of code compliance creates risk and makes
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 to do what all private building owners are required
to do.

 
PRIOR LEGISLATIVE HISTORY:

2018:S811(Golden)/A992(Abbate)-Rules/Governmental Operations
2017:S811(Golden)/A992(Abbate)-Finance/Governmental Operations
2016:S1059(Golden)/A7424(Abbate)- Housing/Governmental Operations
2015:51059(Golden)/A7424(Abbate)- Housing/Governmental Operations
2014:52747(Golden)/A9200(Abbate)- Rules/Governmental Operations
2013:S2747(Golden)/A9200(Abbate)- Passed the Senate
2012:S2213(Golden)- Housing
2011:S2213(Golden)- Housing
2010:S5666(Golden)- Housing
2009:S5666(Golden)- Housing

 
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.

                                
 
BILL NUMBER: S5838A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the executive law, in relation to application of the
state uniform fire prevention and building code and relevant local
building and fire regulations 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 or the applicable
local 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 or the relevant local fire
              

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 sets forth the effective date.

 
JUSTIFICATION:

Government-controlled buildings should follow the same safety regu-
lations that privately-owned buildings are required to follow.  The
informal and voluntary nature of code compliance creates risk and makes
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 to do what all private building owners are required
to do.

 
PRIOR LEGISLATIVE HISTORY:
2018:S811(Golden)/A992(Abbate)-Rules/Governmental Operations
2017:S811(Golden)/A992(Abbate)-Finance/Governmental Operations
2016:S1059(Golden)/A7424(Abbate)- Housing/Governmental Operations
2015:51059(Golden)/A7424(Abbate)- Housing/Governmental Operations
2014:52747(Golden)/A9200(Abbate)- Rules/Governmental Operations
2013:S2747(Golden)/A9200(Abbate)- Passed the Senate
2012:S2213(Golden)- Housing 2011:S2213(Golden)- Housing
2010:S5666(Golden)- Housing 2009:S5666(Golden)- Housing

 
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.