NY State Senate Bill 2019-S5838B

Senate Bill S5838B

2019-2020 Legislative Session

Relates to application of the state uniform fire prevention and building code and relevant local building and fire regulations to certain premises

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2020	print number 5838b
Mar 11, 2020	amend and recommit to housing, construction and community development
Feb 27, 2020	print number 5838a
Feb 27, 2020	amend (t) and recommit to housing, construction and community development
Jan 08, 2020	referred to housing, construction and community development
May 15, 2019	referred to housing, construction and community development

Bill Amendments

Original

B (Active)

2019-S5838 - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Executive Law
Laws Affected:: Amd §383, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5666
2011-2012: S2213
2013-2014: S2747
2015-2016: S1059
2017-2018: S811
2021-2022: S2873
2023-2024: S622

2019-S5838 - Summary

Relates to application of the state uniform fire prevention and building code and relevant local building and fire regulations; directs OGS to implement a phase-in of compliance.

2019-S5838 - Sponsor Memo

                                
 
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.

2019-S5838 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5838
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 application of the
   state uniform fire prevention and building code to certain premises

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 383 of the executive law is amended by adding a new
 subdivision 5 to read as follows:
   5.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, THE CODE
 SHALL APPLY TO ALL BUILDINGS AND STRUCTURES OWNED BY OR IN  WHICH  SPACE
 IS  LEASED  BY STATE AGENCIES AND COVERED AUTHORITIES, AS SUCH TERMS ARE
 DEFINED IN SECTION TWO-A OF THE STATE FINANCE LAW, IRRESPECTIVE OF  WHEN
 SUCH  BUILDINGS  OR  STRUCTURES WERE BUILT OR PUT INTO SERVICE. EXISTING
 BUILDINGS AND STRUCTURES CONSTRUCTED BEFORE THE EFFECTIVE DATE  OF  THIS
 SUBDIVISION  SHALL  BE  SUBJECT  TO  THE  CODE PURSUANT TO A STAGED PLAN
 DEVELOPED BY THE OFFICE OF  GENERAL  SERVICES,  WHICH  MAY  PROVIDE  FOR
 COMPLIANCE  OVER  A PERIOD OF NOT MORE THAN FIVE YEARS, OR IF THE OFFICE
 OF GENERAL SERVICES SHALL DETERMINE THAT  THERE  ARE  REASONS  REQUIRING
 DELAY,  WITHIN  TEN YEARS, UNLESS SUCH BUILDING OR STRUCTURE IS ALTERED,
 IN WHICH CASE THE CODE SHALL IMMEDIATELY APPLY  TO  ALL  ALTERATIONS  TO
 SUCH  BUILDING  OR  STRUCTURE  PROVIDED, HOWEVER, THAT SUBSEQUENT TO THE
 EFFECTIVE DATE OF THIS SUBDIVISION, THE LEGISLATURE MAY EXEMPT A SPECIF-
 IC BUILDING OR  STRUCTURE,  WHICH  SHALL  BE  IDENTIFIED  BY  ITS  LEGAL
 DESCRIPTION  AND  STREET  ADDRESS, IF APPLICABLE, FROM THE PROVISIONS OF
 THIS SUBDIVISION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11518-01-9

2019-S5838A - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Executive Law
Laws Affected:: Amd §383, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5666
2011-2012: S2213
2013-2014: S2747
2015-2016: S1059
2017-2018: S811
2021-2022: S2873
2023-2024: S622

2019-S5838A - Summary

Relates to application of the state uniform fire prevention and building code and relevant local building and fire regulations; directs OGS to implement a phase-in of compliance.

2019-S5838A - Sponsor Memo

                                
 
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.

2019-S5838A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5838--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community  Development  --  recommitted  to  the Committee on Housing,
   Construction and Community Development in accordance with Senate  Rule
   6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 383 of the executive law is amended by adding a new
 subdivision 5 to read as follows:
   5.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE CODE, OR
 THE RELEVANT LOCAL BUILDING AND FIRE REGULATIONS ENACTED OR  ADOPTED  BY
 ANY  LOCAL  GOVERNMENT  THAT  ARE  IN  EFFECT  PURSUANT TO SECTION THREE
 HUNDRED SEVENTY-NINE OF THIS ARTICLE, SHALL APPLY TO ALL  BUILDINGS  AND
 STRUCTURES  OWNED  BY  OR IN WHICH SPACE IS LEASED BY STATE AGENCIES AND
 COVERED AUTHORITIES, AS SUCH TERMS ARE DEFINED IN SECTION TWO-A  OF  THE
 STATE  FINANCE  LAW,  IRRESPECTIVE  OF WHEN SUCH BUILDINGS OR STRUCTURES
 WERE BUILT OR  PUT  INTO  SERVICE.  EXISTING  BUILDINGS  AND  STRUCTURES
 CONSTRUCTED  BEFORE  THE  EFFECTIVE  DATE  OF  THIS SUBDIVISION SHALL BE
 SUBJECT TO THE CODE OR THE RELEVANT LOCAL BUILDING AND FIRE  REGULATIONS
 ENACTED  OR  ADOPTED BY ANY LOCAL GOVERNMENT THAT ARE IN EFFECT PURSUANT
 TO SECTION THREE HUNDRED SEVENTY-NINE OF  THIS  ARTICLE  PURSUANT  TO  A
 STAGED  PLAN  DEVELOPED  BY  THE  OFFICE  OF GENERAL SERVICES, WHICH MAY
 PROVIDE FOR COMPLIANCE OVER A PERIOD OF NOT MORE THAN FIVE YEARS, OR  IF
 THE  OFFICE  OF  GENERAL SERVICES SHALL DETERMINE THAT THERE ARE REASONS
 REQUIRING DELAY, WITHIN TEN YEARS, UNLESS SUCH BUILDING OR STRUCTURE  IS
 ALTERED,  IN WHICH CASE THE CODE OR THE RELEVANT LOCAL BUILDING AND FIRE
 REGULATIONS ENACTED OR ADOPTED BY  ANY  LOCAL  GOVERNMENT  THAT  ARE  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11518-03-0

 S. 5838--A                          2
 
 EFFECT  PURSUANT  TO  SECTION THREE HUNDRED SEVENTY-NINE OF THIS ARTICLE
 SHALL IMMEDIATELY APPLY TO ALL ALTERATIONS TO SUCH BUILDING OR STRUCTURE
 PROVIDED, HOWEVER, THAT SUBSEQUENT TO THE EFFECTIVE DATE OF THIS  SUBDI-
 VISION,  THE  LEGISLATURE  MAY  EXEMPT A SPECIFIC BUILDING OR STRUCTURE,
 WHICH SHALL BE IDENTIFIED BY ITS LEGAL DESCRIPTION AND  STREET  ADDRESS,
 IF APPLICABLE, FROM THE PROVISIONS OF THIS SUBDIVISION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

2019-S5838B (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Executive Law
Laws Affected:: Amd §383, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5666
2011-2012: S2213
2013-2014: S2747
2015-2016: S1059
2017-2018: S811
2021-2022: S2873
2023-2024: S622

2019-S5838B (ACTIVE) - Summary

Relates to application of the state uniform fire prevention and building code and relevant local building and fire regulations; directs OGS to implement a phase-in of compliance.

2019-S5838B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5838B

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.

2019-S5838B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5838--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community  Development  --  recommitted  to  the Committee on Housing,
   Construction and Community Development in accordance with Senate  Rule
   6,  sec. 8 -- 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  application  of  the
   state  uniform  fire  prevention  and building code and relevant local
   building and fire regulations to certain premises
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 383 of the executive law is amended by adding a new
 subdivision 5 to read as follows:
   5.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE BUILDING
 AND FIRE REGULATIONS GENERALLY APPLICABLE IN ANY VILLAGE, TOWN, CITY, OR
 COUNTY WITHIN THE STATE SHALL APPLY  TO  ALL  BUILDINGS  AND  STRUCTURES
 OWNED  BY  OR  IN  WHICH  SPACE  IS LEASED BY STATE AGENCIES AND COVERED
 AUTHORITIES, AS SUCH TERMS ARE DEFINED IN SECTION  TWO-A  OF  THE  STATE
 FINANCE LAW, IN SUCH VILLAGE, TOWN, CITY, OR COUNTY IRRESPECTIVE OF WHEN
 SUCH  BUILDINGS  OR STRUCTURES WERE  BUILT OR PUT INTO SERVICE.  FOR THE
 PURPOSE OF THIS SUBDIVISION, THE BUILDING AND FIRE REGULATIONS GENERALLY
 APPLICABLE SHALL MEAN THE RELEVANT LOCAL BUILDING AND  FIRE  REGULATIONS
 ENACTED  OR ADOPTED BY A LOCAL GOVERNMENT THAT ARE IN EFFECT PURSUANT TO
 PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION OR SECTION THREE  HUNDRED
 SEVENTY-NINE  OF  THIS ARTICLE OR, WHERE NO SUCH LOCAL BUILDING AND FIRE
 REGULATIONS ARE IN EFFECT, THE CODE.  EXISTING BUILDINGS AND  STRUCTURES
 CONSTRUCTED  BEFORE  THE  EFFECTIVE  DATE  OF  THIS SUBDIVISION SHALL BE
 SUBJECT TO THE BUILDING AND FIRE REGULATIONS GENERALLY APPLICABLE PURSU-
 ANT TO A STAGED PLAN DEVELOPED BY THE OFFICE OF GENERAL SERVICES,  WHICH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11518-05-0

 S. 5838--B                          2
 
 MAY PROVIDE FOR COMPLIANCE OVER A PERIOD OF NOT MORE THAN FIVE YEARS, OR
 IF THE OFFICE OF GENERAL SERVICES SHALL DETERMINE THAT THERE ARE REASONS
 REQUIRING DELAY, NOT MORE THAN TEN YEARS, UNLESS SUCH BUILDING OR STRUC-
 TURE  IS ALTERED, IN WHICH CASE THE BUILDING AND FIRE REGULATIONS GENER-
 ALLY APPLICABLE SHALL IMMEDIATELY  APPLY  TO  ALL  ALTERATIONS  TO  SUCH
 BUILDING  OR STRUCTURE. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS
 SUBDIVISION, THE LEGISLATURE MAY EXEMPT A SPECIFIC  BUILDING  OR  STRUC-
 TURE,  WHICH  SHALL  BE  IDENTIFIED  BY ITS LEGAL DESCRIPTION AND STREET
 ADDRESS, IF APPLICABLE, FROM ANY  BUILDING  AND  FIRE  REGULATIONS  THAT
 WOULD OTHERWISE APPLY UNDER THIS SUBDIVISION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S5838B

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Sponsored By

Brian Kavanagh

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Bill Amendments

2019-S5838 - Details

2019-S5838 - Summary

2019-S5838 - Sponsor Memo

2019-S5838 - Bill Text download pdf

2019-S5838A - Details

2019-S5838A - Summary

2019-S5838A - Sponsor Memo

2019-S5838A - Bill Text download pdf

2019-S5838B (ACTIVE) - Details

2019-S5838B (ACTIVE) - Summary

2019-S5838B (ACTIVE) - Sponsor Memo

2019-S5838B (ACTIVE) - Bill Text download pdf

Comments