The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5618
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2023
                                ___________
 
 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  conducting  investi-
   gations  into the administration and enforcement of the New York state
   uniform fire prevention and building code and the New York state ener-
   gy conservation construction code
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 3 and 4 of section 381 of the executive law,
 as added by chapter 707 of the laws of 1981,  are  amended  to  read  as
 follows:
   3.  A.  On  and  after the first day of July, nineteen hundred eighty-
 five, the secretary shall have power to investigate and conduct hearings
 relative to whether administration and enforcement of the  uniform  fire
 prevention and building code complies with the minimum standards promul-
 gated  pursuant  to  subdivision  one of this section. At least ten days
 written notice of any such hearing shall be provided to the elective  or
 appointive chief executive officer or, if there be none, the chairman of
 the  legislative  body  of the local government or county whose adminis-
 tration and enforcement of the uniform code is at issue.
   B. IF THE SECRETARY RECEIVES FROM ANY COUNTY, OFFICIAL NOTICE, IN  THE
 FORM OF A RESOLUTION, APPROVED BY A MAJORITY VOTE BY THE COUNTY LEGISLA-
 TURE,  BOARD  OF SUPERVISORS, OR BOARD OF LEGISLATURES AND THEN APPROVED
 BY THE COUNTY EXECUTIVE, WHERE THE COUNTY HAS A COUNTY EXECUTIVE,  WHICH
 EXPLAINS  THE  BASIS  OF THE REQUEST, THAT A LOCAL GOVERNMENT WITHIN THE
 COUNTY IS NOT PROVIDING ADMINISTRATION AND ENFORCEMENT  OF  THE  UNIFORM
 FIRE  PREVENTION AND BUILDING CODE THAT COMPLIES WITH THE MINIMUM STAND-
 ARDS PROMULGATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE SECRE-
 TARY SHALL INVESTIGATE AND MAY CONDUCT HEARINGS IN ACCORDANCE  WITH  THE
 PROVISIONS OF THIS SUBDIVISION.  THE SECRETARY SHALL NOT BEGIN AN INVES-
 TIGATION  INTO  A LOCAL GOVERNMENT UNDER THIS PARAGRAPH UNLESS THE LOCAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00978-01-3

 A. 5618                             2
 
 GOVERNMENT RECEIVED A COPY OF THE OFFICIAL NOTICE AND HAS HAD ONE  MONTH
 TO RESPOND TO THE OFFICIAL NOTICE AND SUBMIT SUCH RESPONSE TO THE SECRE-
 TARY.
   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 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]  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.  The secretary may, in the place and stead of the local government,
 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.
   E. IF THE SECRETARY FINDS THAT THE LOCAL GOVERNMENT IS INCAPABLE OF OR
 UNWILLING  TO  ADMINISTER  AND  ENFORCE THE UNIFORM CODE PURSUANT TO THE
 MINIMUM STANDARDS  AND  THE  SECRETARY'S  INVESTIGATION  OF  SUCH  LOCAL
 GOVERNMENT  WAS INITIATED BY AN OFFICIAL NOTICE FROM THE COUNTY IN WHICH
 SUCH LOCAL GOVERNMENT IS LOCATED, AND IF THE COUNTY HAS  REQUESTED  THAT
 THE SECRETARY DESIGNATE THE COUNTY TO ADMINISTER AND ENFORCE THE UNIFORM
 CODE  IN SUCH LOCAL GOVERNMENT, THE SECRETARY SHALL DESIGNATE THE COUNTY
 IN WHICH SUCH LOCAL GOVERNMENT IS LOCATED TO ADMINISTER AND ENFORCE  THE
 UNIFORM  CODE  IN  SUCH LOCAL GOVERNMENT UNLESS THE SECRETARY FINDS THAT
 THE COUNTY WOULD BE INCAPABLE OF ASSUMING THE RESPONSIBILITIES.
   § 2. Subdivision 5 of section 381 of the executive law is  amended  by
 adding a new paragraph e to read as follows:
   E.  AFTER  AT  LEAST  EIGHTEEN MONTHS FROM SUCH DESIGNATION, THE LOCAL
 GOVERNMENT MAY PETITION THE SECRETARY TO REASSUME AUTHORITY FOR  UNIFORM
 FIRE PREVENTION AND BUILDING CODE ENFORCEMENT. TO REASSUME AUTHORITY FOR
 UNIFORM FIRE PREVENTION AND BUILDING CODE ENFORCEMENT, THE LOCAL GOVERN-
 MENT  SHALL  DEMONSTRATE  TO  THE SATISFACTION OF THE SECRETARY THAT THE
 CONDITIONS WHICH LED TO ITS PRIOR FAILURE TO PROVIDE ADMINISTRATION  AND
 ENFORCEMENT  OF  THE  UNIFORM  FIRE  PREVENTION  AND  BUILDING CODE THAT
 COMPLIES WITH THE MINIMUM STANDARDS PROMULGATED PURSUANT TO  SUBDIVISION
 ONE  OF  THIS  SECTION ARE NO LONGER PRESENT AND THAT IT WILL BE ABLE TO
 PROPERLY ADMINISTER AND ENFORCE THE CODE.
   § 3. This act shall take effect immediately.