S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5620
 
                        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 ensuring proper admin-
   istration and enforcement of the uniform fire prevention and  building
   code and the state energy conservation construction code; and to amend
   the energy law, in relation to making conforming technical changes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 372 of the executive law, as amended by chapter 309
 of the laws of 1996, subdivision 3 as amended by chapter 159 of the laws
 of 2007 and subdivision 19 as added by chapter 119 of the laws of  2001,
 is amended to read as follows:
   § 372. Definitions. As used in this article, the following terms shall
 have  the  meaning  ascribed  to  them,  unless  the  context  otherwise
 requires:
   1. "Administrator" means  the  state  fire  administrator  established
 pursuant to article six-C of this chapter.
   2. "APPLICABLE CODE ENFORCEMENT PROGRAM" MEANS THE PROGRAM ESTABLISHED
 BY  A LOCAL GOVERNMENT OR COUNTY PURSUANT TO THE REGULATIONS PROMULGATED
 PURSUANT TO SUBDIVISION ONE OF SECTION THREE HUNDRED EIGHTY-ONE OF  THIS
 ARTICLE,  OR,  WHERE  SO  PROVIDED  IN  SUBDIVISION TWO OF SECTION THREE
 HUNDRED EIGHTY-ONE OF THIS ARTICLE,  THE  SECRETARY'S  CODE  ENFORCEMENT
 PROGRAM,  OR,  WHERE  SO  PROVIDED IN SUBDIVISION SEVEN OF SECTION THREE
 HUNDRED EIGHTY-ONE OF THIS ARTICLE THE DEFAULT CODE ENFORCEMENT PROGRAM.
   3. "Areas of public assembly"  means  all  buildings  or  portions  of
 buildings  used  for gathering together fifty or more persons for amuse-
 ment, athletic, civic, dining,  educational,  entertainment,  patriotic,
 political,  recreational,  religious,  social,  or similar purposes, the
 entire fire area of which they are a part, and the means of egress ther-
 efrom.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04713-01-3
 A. 5620                             2
              

 
   [3.] 4. "Building" means a combination of any materials, whether port-
 able or fixed, having a roof, to form a structure affording shelter  for
 persons,  animals  or  property.  The word "building" shall be construed
 when used herein as though followed by the words "or part or parts ther-
 eof"  unless  the context clearly requires a different meaning. The term
 "building" shall also  mean  "factory  manufactured  home"  and  "mobile
 home". The term "building" shall not include a "temporary greenhouse".
   [4.]  5. "Construction" means the construction, reconstruction, alter-
 ation, conversion, repair, installation of equipment or  use  of  build-
 ings,  and  requirements or standards relating to or affecting materials
 used in connection therewith, including provisions for safety and  sani-
 tary conditions.
   [5.]  6.  "Council"  means the state fire prevention and building code
 council created by this article.
   [6.] 7. "DEFAULT CODE ENFORCEMENT PROGRAM" MEANS THE CODE  ENFORCEMENT
 PROGRAM ESTABLISHED BY THE RULES AND REGULATIONS PROMULGATED PURSUANT TO
 SUBDIVISION SEVEN OF SECTION THREE HUNDRED EIGHTY-ONE OF THIS ARTICLE.
   8. "Department" means the department of state.
   [7.]  9. "Equipment" means plumbing, heating, electrical, ventilating,
 air conditioning,  refrigerating  equipment,  elevators,  dumb  waiters,
 escalators and other mechanical additions or installations.
   [8.] 10. "Factory manufactured home" means a structure designed prima-
 rily  for  residential  occupancy  constructed  by a method or system of
 construction whereby the structure or its components are  wholly  or  in
 substantial  part  manufactured in manufacturing facilities, intended or
 designed for permanent installation, or assembly and permanent installa-
 tion, on a building site.
   [9.] 11. "Fire area" means the floor area of a  story  of  a  building
 within exterior walls, party walls, fire walls, or any combination ther-
 eof.
   [10.]  12.  "Fire  protection  equipment and systems" means apparatus,
 assemblies, or systems, either portable or fixed,  for  use  to  detect,
 prevent, control, or extinguish fire.
   [11.]  13.  "Local government" means a village, town (outside the area
 of any incorporated village) or city.
   [12.] 14. "Means of egress" means a  continuous  unobstructed  way  of
 exit  from any point in a building or structure to a public way. A means
 of egress comprises the vertical  and  horizontal  ways  of  travel  and
 includes   intervening   room  spaces,  doorways,  hallways,  corridors,
 passageways, balconies, ramps, stairs, enclosures, lobbies,  escalators,
 horizontal exits, courts, and yards.
   [13.] 15. "Mobile home" means a moveable or portable unit designed and
 constructed  to  be  towed  on  its  own chassis, comprised of frame and
 wheels, connected to utilities, and designed and constructed  without  a
 permanent  foundation  for  year-round  living. A unit may contain parts
 that may be  folded,  collapsed  or  telescoped  when  being  towed  and
 expanded  later  to  provide additional cubic capacity as well as two or
 more separately towable components designed to be joined into one  inte-
 gral  unit  capable  of  being  again  separated into the components for
 repeated towing. "Mobile home" shall mean  units  designed  to  be  used
 exclusively for residential purposes, excluding travel trailers.
   [14.]  16.  "Office"  means  the office of fire prevention and control
 created pursuant to article six-C of this chapter.
   [15.] 17. "PERMIT OR CERTIFICATE OF OCCUPANCY  PROVISION"  SHALL  MEAN
 ANY  PROVISION  IN  THE  APPLICABLE  CODE  ENFORCEMENT PROGRAM THAT: (A)
 PROHIBITS PERFORMANCE OF ANY WORK THAT MUST  CONFORM  WITH  THE  UNIFORM
 A. 5620                             3
 
 CODE  AND/OR  STATE  ENERGY  CODE UNLESS A BUILDING PERMIT, CONSTRUCTION
 PERMIT, DEMOLITION PERMIT, OR SIMILAR PERMIT HAS BEEN  ISSUED,  HAS  NOT
 BEEN  SUSPENDED  OR  REVOKED,  AND  HAS  NOT  EXPIRED; (B) PROHIBITS THE
 CONTINUATION  OF  WORK  AFTER  A  STOP  WORK  ORDER HAS BEEN ISSUED; (C)
 PROHIBITS THE CONDUCT OF ANY ACTIVITY OR THE  USE  OF  ANY  CATEGORY  OF
 BUILDING  SPECIFIED IN THE RULES AND REGULATIONS PROMULGATED PURSUANT TO
 SUBDIVISION ONE OF SECTION THREE  HUNDRED  EIGHTY-ONE  OF  THIS  ARTICLE
 UNLESS  AN  OPERATING  PERMIT HAS BEEN ISSUED, HAS NOT BEEN SUSPENDED OR
 REVOKED, AND HAS NOT EXPIRED; OR (D) PROHIBITS THE USE OR OCCUPANCY OF A
 BUILDING OR THE CHANGE OF ANY USE OR OCCUPANCY OF A  BUILDING  UNLESS  A
 CERTIFICATE  OF OCCUPANCY, CERTIFICATE OF COMPLETION, OR SIMILAR CERTIF-
 ICATE HAS BEEN ISSUED, HAS NOT BEEN SUSPENDED OR REVOKED,  AND  HAS  NOT
 EXPIRED.
   18.  "REQUIRED  FEATURES" MEANS THE FEATURES REQUIRED BY THE RULES AND
 REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION  ONE  OF  SECTION  THREE
 HUNDRED EIGHTY-ONE TO BE INCLUDED IN A CODE ENFORCEMENT PROGRAM.
   19. "Secretary" means the secretary of state.
   [16.] 20. "SECRETARY'S CODE ENFORCEMENT PROGRAM" MEANS THOSE RULES AND
 REGULATIONS  PROMULGATED  PURSUANT  TO  SUBDIVISION ONE OF SECTION THREE
 HUNDRED EIGHTY-ONE OF THIS ARTICLE THAT ARE APPLICABLE IN SITUATIONS  IN
 WHICH  THE  SECRETARY  ADMINISTERS  AND ENFORCES THE UNIFORM CODE IN THE
 PLACE AND STEAD OF THE LOCAL GOVERNMENT OR COUNTY.
   21. "State agency" means any department,  bureau,  commission,  board,
 public  authority  or  other  agency  of the state, including any public
 benefit corporation any member of whose board is appointed by the gover-
 nor.
   [17.] 22. "Temporary greenhouse" means specialized agricultural equip-
 ment having a framework covered with demountable polyurethane  materials
 or  materials of polyurethane nature and lacking a permanent and contin-
 uous foundation, which is specifically designed,  constructed  and  used
 for  the culture and propagation of horticultural commodities. A "tempo-
 rary greenhouse" may include, but is not limited to, the use of  heating
 devices,  water  and electrical utilities, and supporting poles embedded
 in non-continuous concrete. In no instance will a  temporary  greenhouse
 be used for the retail sale of any farm or non-farm products.
   [18.  "Uniform  code"  or "code" means the New York state uniform fire
 prevention and building  code  promulgated  pursuant  to  section  three
 hundred seventy-seven of this article.
   19.]  23.  "Truss  type  construction" means a fabricated structure of
 wood or steel, made up of a series of members connected at their ends to
 form a series of triangles to span a  distance  greater  than  would  be
 possible with any of the individual members on their own.
   24.  "UNIFORM  CODE"  OR  "CODE" MEANS THE NEW YORK STATE UNIFORM FIRE
 PREVENTION AND BUILDING  CODE  PROMULGATED  PURSUANT  TO  SECTION  THREE
 HUNDRED SEVENTY-SEVEN OF THIS ARTICLE.
   §  2.  Subdivisions 2, 3, 4 and 5 of section 381 of the executive law,
 subdivision 2 as amended by chapter 560 of the laws of 2010 and subdivi-
 sions 3, 4 and 5 as added by chapter  707  of  the  laws  of  1981,  are
 amended,  subdivision 6 is renumbered subdivision 8 and two new subdivi-
 sions 6 and 7 are added to read as follows:
   2. Except as may be provided in regulations of the secretary  pursuant
 to subdivision one of this section, AND SUBJECT TO THE PROVISIONS RELAT-
 ING  TO  CITIES  WITH  A  POPULATION OF OVER ONE MILLION AS SET FORTH IN
 PARAGRAPH C OF SUBDIVISION ONE OF SECTION THREE HUNDRED EIGHTY-THREE  OF
 THIS  ARTICLE,  every  local government shall administer and enforce the
 uniform fire prevention and building code and the state energy conserva-
 A. 5620                             4
 
 tion 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 [Janu-
 ary] 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 PREVIOUSLY enacted a local law providing that it
 will not enforce such codes within that county. In such event the secre-
 tary in the place and stead of the local government shall,  directly  or
 by [contract] USING THE SERVICES OF ANY CONTRACTORS OR OTHER THIRD-PARTY
 PROVIDERS  AS  THE  SECRETARY  MAY  DEEM TO BE QUALIFIED, administer and
 enforce the uniform code and the state energy conservation  construction
 code  WITHIN  SUCH  LOCAL GOVERNMENT ON AND AFTER THE FIRST DAY OF APRIL
 NEXT SUCCEEDING. A COUNTY THAT  IS  RESPONSIBLE  FOR  ADMINISTERING  AND
 ENFORCING SUCH CODES WITHIN A LOCAL GOVERNMENT PURSUANT TO THE FOREGOING
 PROVISIONS  OF THIS SUBDIVISION MAY ENACT A LOCAL LAW PRIOR TO THE FIRST
 DAY OF OCTOBER IN ANY YEAR PROVIDING THAT IT WILL NOT ENFORCE SUCH CODES
 WITHIN SUCH LOCAL GOVERNMENT ON AND AFTER THE FIRST DAY  OF  APRIL  NEXT
 SUCCEEDING. IN SUCH EVENT, THE SECRETARY, IN THE PLACE AND STEAD OF SUCH
 LOCAL  GOVERNMENT,  SHALL,  DIRECTLY  OR  BY  USING  THE SERVICES OF ANY
 CONTRACTORS OR OTHER THIRD-PARTY PROVIDERS AS THE SECRETARY MAY DEEM  TO
 BE QUALIFIED, ADMINISTER AND ENFORCE SUCH CODES IN SUCH LOCAL GOVERNMENT
 FROM  AND  AFTER THE FIRST DAY OF APRIL NEXT SUCCEEDING. A LOCAL GOVERN-
 MENT THAT ADOPTS A LOCAL LAW PROVIDING THAT IT  WILL  NOT  ENFORCE  SUCH
 CODES ON AND AFTER THE FIRST DAY OF APRIL NEXT SUCCEEDING SHALL PROMPTLY
 NOTIFY  THE  COUNTY  IN  WHICH  SUCH LOCAL GOVERNMENT IS LOCATED AND THE
 SECRETARY OF THE ADOPTION OF SUCH LOCAL LAW.  A  COUNTY  THAT  ADOPTS  A
 LOCAL LAW PROVIDING THAT IT WILL NOT ENFORCE SUCH CODES ON AND AFTER THE
 FIRST  DAY  OF  APRIL  NEXT  SUCCEEDING SHALL PROMPTLY NOTIFY EACH LOCAL
 GOVERNMENT IN WHICH SUCH COUNTY  IS  ADMINISTERING  AND  ENFORCING  SUCH
 CODES  AND  THE  SECRETARY  OF  THE  ADOPTION OF SUCH LOCAL LAW. A local
 government or a county may repeal a local law  which  provides  that  it
 will  not enforce such codes and shall thereafter 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 THAT ADMINISTER AND  ENFORCE  THE  UNIFORM
 CODE,  THE  STATE  ENERGY  CONSERVATION  CONSTRUCTION CODE, OR BOTH, may
 charge AND COLLECT fees  to  defray  the  costs  of  administration  and
 enforcement.   WHERE THE SECRETARY IS RESPONSIBLE FOR ADMINISTRATION AND
 ENFORCEMENT  OF  THE  UNIFORM  CODE  AND   STATE   ENERGY   CONSERVATION
 CONSTRUCTION CODE WITHIN A LOCAL GOVERNMENT PURSUANT TO THIS SUBDIVISION
 OR  PURSUANT TO PARAGRAPH E OF SUBDIVISION FOUR OF THIS SECTION, (A) THE
 SECRETARY SHALL ADMINISTER AND ENFORCE THE CODES IN ACCORDANCE WITH  THE
 PROVISIONS  OF  THE SECRETARY'S CODE ENFORCEMENT PROGRAM; (B) SUCH RULES
 AND REGULATIONS SHALL BE DEEMED TO BE THE  APPLICABLE  CODE  ENFORCEMENT
 PROGRAM  FOR  THE  PURPOSES  OF SECTION THREE HUNDRED EIGHTY-TWO OF THIS
 ARTICLE; AND (C) THE SECRETARY MAY CHARGE AND COLLECT FEES TO DEFRAY THE
 COSTS OF ADMINISTRATION AND ENFORCEMENT.
 A. 5620                             5
 
   3. 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  AND  THE  STATE  ENERGY  CONSERVATION
 CONSTRUCTION CODE complies with the minimum standards promulgated pursu-
 ant  to  subdivision  one of this section.   IN CONNECTION WITH ANY SUCH
 INVESTIGATION, THE SECRETARY SHALL HAVE THE  POWER  TO  ISSUE  SUBPOENAS
 COMPELLING  THE  TESTIMONY OF WITNESSES, THE PRODUCTION OF DOCUMENTS, OR
 BOTH, AND THE POWER, AT THE SECRETARY'S DISCRETION, TO  CONDUCT  ONE  OR
 MORE  HEARINGS.  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 administration and enforcement of the uniform
 code AND STATE ENERGY CONSERVATION CONSTRUCTION CODE is at issue.
   4. If the secretary determines that a local government has  failed  to
 administer  and  enforce  the  uniform fire prevention and building code
 AND/OR THE STATE ENERGY CONSERVATION  CONSTRUCTION  CODE  in  accordance
 with  the  minimum  standards promulgated pursuant to subdivision 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  MINIMUM  standards  [for  administration  and
 enforcement of the uniform code] PROMULGATED PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION.
   b. THE SECRETARY MAY APPOINT AND REMOVE ANY PERSON DEEMED QUALIFIED BY
 THE  SECRETARY  AS  AN  OVERSIGHT  OFFICER, WHO SHALL HAVE THE POWER AND
 AUTHORITY TO DO ANY OF THE FOLLOWING, AT THE DISCRETION OF THE OVERSIGHT
 OFFICER:
   (I) OBSERVE, REVIEW RECORDS AND REPORT ON  COMPLIANCE  BY  SUCH  LOCAL
 GOVERNMENT  WITH  THE MINIMUM STANDARDS PROMULGATED PURSUANT TO SUBDIVI-
 SION ONE OF THIS SECTION;
   (II) DIRECT ALL OR ANY PART OF THE CODE ENFORCEMENT ACTIVITIES OF  THE
 LOCAL GOVERNMENT'S CODE ENFORCEMENT PERSONNEL; AND
   (III)  TAKE  ANY  OTHER  STEPS  DEEMED  BY THE OVERSIGHT OFFICER TO BE
 NECESSARY OR APPROPRIATE TO ENSURE THAT THE UNIFORM CODE AND STATE ENER-
 GY CONSERVATION CONSTRUCTION CODE ARE ADMINISTERED AND  ENFORCED  WITHIN
 SUCH  LOCAL GOVERNMENT IN A DUE AND PROPER MANNER AND IN COMPLIANCE WITH
 THE MINIMUM STANDARDS PROMULGATED PURSUANT TO SUBDIVISION  ONE  OF  THIS
 SECTION.    ANY PERSON WHO IS APPOINTED AS AN OVERSIGHT OFFICER PURSUANT
 TO THIS PARAGRAPH SHALL BE DEEMED TO BE A STATE  OFFICER  UNDER  SECTION
 TWO OF THE PUBLIC OFFICERS LAW.
   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 AND STATE ENERGY CONSERVATION CONSTRUCTION CODE
 IN  A DUE AND PROPER MANNER AND IN COMPLIANCE WITH THE MINIMUM STANDARDS
 PROMULGATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION,  INCLUDING  BUT
 NOT LIMITED TO REQUIRING SUCH LOCAL GOVERNMENT TO TAKE SPECIFIC REMEDIAL
 ACTIONS,  SUCH  AS ESTABLISHING AND ENFORCING AN EFFECTIVE CODE ENFORCE-
 MENT  PROGRAM,  CONDUCTING  FIRE   SAFETY   AND   PROPERTY   MAINTENANCE
 INSPECTIONS,  INCREASING THE FREQUENCY OF FIRE SAFETY AND PROPERTY MAIN-
 TENANCE INSPECTIONS, AND TAKING ENFORCEMENT ACTIONS THAT ARE TIMELY  AND
 RESPONSIVE  TO  CIRCUMSTANCES  ASSOCIATED  WITH THE PROPERTY IN QUESTION
 WHEN VIOLATIONS ARE IDENTIFIED.
   [c. the] D. THE secretary may designate the county in which such local
 government is located, OR ANY OTHER LOCAL GOVERNMENT THAT ADJOINS OR  IS
 A. 5620                             6
 
 REASONABLY PROXIMATE TO SUCH LOCAL GOVERNMENT, to administer and enforce
 the uniform code AND STATE ENERGY CONSERVATION CONSTRUCTION CODE in such
 local  government.  DESIGNATION  OF AN ADJOINING OR REASONABLY PROXIMATE
 LOCAL  GOVERNMENT  SHALL  BE SUBJECT TO THE CONSENT OF THE SUPERVISOR OR
 MAYOR, AS APPLICABLE, OF 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, DIRECTLY OR BY USING THE SERVICES  OF  ANY  CONTRACTORS  OR  OTHER
 THIRD-PARTY  PROVIDERS AS THE SECRETARY MAY DEEM TO BE QUALIFIED, admin-
 ister and  enforce  the  uniform  code  AND  STATE  ENERGY  CONSERVATION
 CONSTRUCTION CODE IN SUCH LOCAL GOVERNMENT in accordance with the [mini-
 mum  standards  promulgated pursuant to subdivision one of this section]
 SECRETARY'S CODE ENFORCEMENT PROGRAM. In such event, the  provisions  of
 subdivision five of this section shall apply.
   F.  THE SECRETARY MAY DESIGNATE THE COUNTY IN WHICH SUCH LOCAL GOVERN-
 MENT IS LOCATED, ANY OTHER LOCAL GOVERNMENT THAT ADJOINS OR  IS  REASON-
 ABLY  PROXIMATE  TO SUCH LOCAL GOVERNMENT, OR THE DEPARTMENT OF STATE TO
 PERFORM WITHIN SUCH LOCAL GOVERNMENT SUCH  TYPES  AND  CLASSES  OF  CODE
 ENFORCEMENT  ACTIVITIES, SUCH AS PERMIT APPLICATION REVIEW AND APPROVAL,
 CONSTRUCTION INSPECTIONS,  AND  FIRE  SAFETY  AND  PROPERTY  MAINTENANCE
 INSPECTIONS,  AS THE SECRETARY MAY SPECIFY.  DESIGNATION OF AN ADJOINING
 OR REASONABLY PROXIMATE LOCAL GOVERNMENT SHALL BE SUBJECT TO THE CONSENT
 OF THE SUPERVISOR OR MAYOR, AS APPLICABLE, OF SUCH LOCAL GOVERNMENT.  IN
 THE CASE OF SUCH DESIGNATION, THE PROVISIONS OF SUBDIVISION SIX OF  THIS
 SECTION SHALL APPLY.
   G.  THE SECRETARY MAY ORDER A LOCAL GOVERNMENT TO CEASE PROSECUTION OF
 VIOLATIONS OF THE UNIFORM CODE AND ORDER THAT SUCH VIOLATIONS BE  PROSE-
 CUTED PURSUANT TO SECTION SEVEN HUNDRED OF THE COUNTY LAW.
   5. Where the secretary has designated a county OR ADJOINING OR REASON-
 ABLY  PROXIMATE  LOCAL  GOVERNMENT to administer and enforce the uniform
 fire  prevention  and  building  code  AND  STATE  ENERGY   CONSERVATION
 CONSTRUCTION  CODE  within a local government PURSUANT TO PARAGRAPH D OF
 SUBDIVISION FOUR OF THIS SECTION, or has assumed authority for  adminis-
 tration and enforcement OF THE UNIFORM FIRE PREVENTION AND BUILDING CODE
 AND  STATE  ENERGY CONSERVATION CONSTRUCTION CODE WITHIN A LOCAL GOVERN-
 MENT pursuant to [subdivision two or] paragraph  [d]  E  of  subdivision
 four of this section:
   a.  [Such]  THE  local  government  [or county government] THAT IS NOT
 ADMINISTERING OR ENFORCING THE UNIFORM CODE AND STATE  ENERGY  CONSERVA-
 TION  CONSTRUCTION  CODE  IN ACCORDANCE WITH MINIMUM STANDARDS shall not
 administer and enforce the uniform code  OR  STATE  ENERGY  CONSERVATION
 CONSTRUCTION  CODE, and shall not charge or collect fees for such admin-
 istration and enforcement.
   b. [Such] THE DESIGNATED county OR LOCAL GOVERNMENT OR  THE  SECRETARY
 shall  administer  and  enforce the uniform code within [such] THE local
 government WHOSE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE  AND
 STATE  ENERGY  CONSERVATION  CONSTRUCTION  CODE  HAS NOT MET THE MINIMUM
 STANDARDS from and after the date of  such  designation  OR  ASSUMPTION.
 Such  administration  and  enforcement shall apply the minimum standards
 promulgated by  the  secretary  pursuant  to  subdivision  one  of  this
 section.  Notwithstanding  any  other provisions of law, such DESIGNATED
 county OR LOCAL GOVERNMENT OR THE SECRETARY shall  have  full  power  to
 administer  and  enforce  the uniform code [in accordance with such] AND
 STATE ENERGY CONSERVATION CONSTRUCTION  CODE  IN  THE  LOCAL  GOVERNMENT
 WHOSE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE AND STATE ENER-
 A. 5620                             7
 
 GY  CONSERVATION  CONSTRUCTION  CODE  HAS NOT MET THE minimum standards,
 including the power to charge and collect fees for  such  administration
 and enforcement.
   c.  The  secretary  shall  designate  the  local government [or county
 government] WHOSE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE AND
 STATE ENERGY CONSERVATION CONSTRUCTION CODE DID  NOT  MEET  THE  MINIMUM
 STANDARDS  to  resume administration and enforcement of the uniform code
 when the secretary is satisfied that such local government  [or  county]
 will  provide such administration and enforcement in compliance with the
 minimum standards  promulgated  pursuant  to  subdivision  one  of  this
 section.
   d. The provisions of subdivisions three and four of this section shall
 apply  to counties [which have been designated to administer and enforce
 the uniform code in such local  government]  THAT  ARE  RESPONSIBLE  FOR
 ADMINISTRATION  AND  ENFORCEMENT  OF  THE  UNIFORM CODE AND STATE ENERGY
 CONSERVATION CONSTRUCTION CODE WITHIN A  LOCAL  GOVERNMENT  PURSUANT  TO
 SUBDIVISION  TWO  OF THIS SECTION, TO COUNTIES THAT HAVE BEEN DESIGNATED
 TO ADMINISTER AND ENFORCE THE UNIFORM CODE AND STATE ENERGY CONSERVATION
 CONSTRUCTION CODE WITHIN A LOCAL GOVERNMENT PURSUANT TO PARAGRAPH  D  OF
 SUBDIVISION  FOUR  OF  THIS  SECTION, AND TO LOCAL GOVERNMENTS THAT HAVE
 BEEN DESIGNATED TO ADMINISTER AND ENFORCE THE  UNIFORM  CODE  AND  STATE
 ENERGY  CONSERVATION  CONSTRUCTION  CODE WITHIN ANOTHER LOCAL GOVERNMENT
 PURSUANT TO PARAGRAPH D OF SUBDIVISION FOUR OF THIS SECTION.  WHERE  THE
 PROVISIONS OF SUBDIVISIONS THREE AND FOUR OF THIS SECTION ARE APPLICABLE
 TO  A  COUNTY,  REFERENCES  IN  THOSE SUBDIVISIONS TO A LOCAL GOVERNMENT
 WHOSE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE AND STATE ENER-
 GY CONSERVATION CONSTRUCTION CODE HAVE BEEN DETERMINED BY THE  SECRETARY
 TO  HAVE  NOT MET THE MINIMUM STANDARDS SHALL BE CONSTRUED AS REFERENCES
 TO SUCH COUNTY.
   6. WHERE THE SECRETARY HAS DESIGNATED A COUNTY, ANOTHER LOCAL  GOVERN-
 MENT,  OR  THE DEPARTMENT TO PERFORM SPECIFIED TYPES AND CLASSES OF CODE
 ENFORCEMENT ACTIVITIES WITHIN A LOCAL GOVERNMENT PURSUANT TO PARAGRAPH F
 OF SUBDIVISION FOUR OF THIS SECTION:
   A. THE LOCAL GOVERNMENT WHOSE ADMINISTRATION AND  ENFORCEMENT  OF  THE
 UNIFORM CODE AND STATE ENERGY CONSERVATION CONSTRUCTION CODE HAS NOT MET
 THE  MINIMUM  STANDARDS  SHALL NOT PERFORM THE TYPES AND CLASSES OF CODE
 ENFORCEMENT ACTIVITIES SPECIFIED IN SUCH DESIGNATION  AND  SHALL  ACCEPT
 PERFORMANCE  OF SUCH TYPES AND CLASSES OF CODE ENFORCEMENT ACTIVITIES BY
 THE DESIGNEE;
   B. THE LOCAL GOVERNMENT WHOSE ADMINISTRATION AND  ENFORCEMENT  OF  THE
 UNIFORM CODE AND STATE ENERGY CONSERVATION CONSTRUCTION CODE HAS NOT MET
 THE  MINIMUM  STANDARDS  SHALL REIMBURSE THE DESIGNEE FOR ANY REASONABLE
 COSTS AND EXPENSES INCURRED BY THE DESIGNEE IN PERFORMING THE DESIGNATED
 TYPES AND CLASSES OF CODE ENFORCEMENT ACTIVITIES; AND
   C. THE SECRETARY SHALL DESIGNATE THE LOCAL GOVERNMENT  WHOSE  ADMINIS-
 TRATION  AND  ENFORCEMENT OF THE UNIFORM CODE AND STATE ENERGY CONSERVA-
 TION CONSTRUCTION CODE HAS NOT  MET  THE  MINIMUM  STANDARDS  TO  RESUME
 PERFORMANCE  OF  THE  DESIGNATED  TYPES  AND CLASSES OF CODE ENFORCEMENT
 ACTIVITIES WHEN THE SECRETARY IS SATISFIED THAT  SUCH  LOCAL  GOVERNMENT
 WILL  PERFORM SUCH ACTIVITIES IN A DUE AND PROPER MANNER AND WILL OTHER-
 WISE PROVIDE ADMINISTRATION AND ENFORCEMENT  OF  THE  UNIFORM  CODE  AND
 STATE ENERGY CONSERVATION CONSTRUCTION CODE IN COMPLIANCE WITH THE MINI-
 MUM STANDARDS PROMULGATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   7.  A.    THE SECRETARY IS AUTHORIZED TO PROMULGATE, AND TO AMEND FROM
 TIME TO TIME, RULES AND REGULATIONS ESTABLISHING A DEFAULT CODE ENFORCE-
 MENT PROGRAM.  SUCH  DEFAULT  CODE  ENFORCEMENT  PROGRAM  SHALL  INCLUDE
 A. 5620                             8
 
 PROVISIONS  ESTABLISHING THE REQUIRED FEATURES AND SUCH OTHER PROVISIONS
 AS THE SECRETARY MAY DEEM TO BE APPROPRIATE  FOR  INCLUSION  IN  A  CODE
 ENFORCEMENT  PROGRAM.  SUCH  DEFAULT CODE ENFORCEMENT PROGRAM SHALL ALSO
 ESTABLISH  FEES  TO  BE  CHARGED  BY ANY LOCAL GOVERNMENT OR COUNTY THAT
 ADMINISTERS AND ENFORCES THE UNIFORM CODE AND/OR ENERGY CODE IN  ACCORD-
 ANCE WITH THE PROVISIONS OF THE DEFAULT CODE ENFORCEMENT PROGRAM.
   B.  ANY  LOCAL GOVERNMENT OR COUNTY RESPONSIBLE FOR ADMINISTRATION AND
 ENFORCEMENT OF THE UNIFORM CODE AND/OR STATE ENERGY CODE WITHIN A  LOCAL
 GOVERNMENT  THAT  HAS  NOT  ESTABLISHED ITS OWN CODE ENFORCEMENT PROGRAM
 SHALL ADMINISTER AND ENFORCE THE UNIFORM  CODE  AND/OR  ENERGY  CODE  IN
 ACCORDANCE WITH THE PROVISIONS OF THE DEFAULT CODE ENFORCEMENT PROGRAM.
   C.  ANY  LOCAL  GOVERNMENT OR COUNTY THAT ADMINISTERS AND ENFORCES THE
 UNIFORM CODE AND/OR ENERGY CODE IN ACCORDANCE WITH THE PROVISIONS OF THE
 DEFAULT CODE ENFORCEMENT PROGRAM PURSUANT TO PARAGRAPH B OF THIS  SUBDI-
 VISION  SHALL,  THROUGH ITS CHIEF EXECUTIVE OFFICER, HAVE FULL POWER AND
 AUTHORITY TO DESIGNATE THE PUBLIC OFFICER OR AGENCY AUTHORIZED TO  ISSUE
 AN  APPEARANCE  TICKET,  AND  A PUBLIC OFFICER WHO, BY VIRTUE OF OFFICE,
 TITLE OR POSITION, IS AUTHORIZED OR REQUIRED TO ENFORCE  THE  PROVISIONS
 OF  THE UNIFORM CODE AND THE STATE ENERGY CONSERVATION CONSTRUCTION CODE
 AND THE PROVISIONS OF THE DEFAULT CODE ENFORCEMENT PROGRAM AS FULLY  AND
 WITH  THE SAME FORCE AND EFFECT AS SUCH LOCAL GOVERNMENT OR COUNTY WOULD
 HAVE TO ENFORCE PROVISIONS ESTABLISHED BY A  LOCAL  LAW,  ORDINANCE,  OR
 REGULATION  ENACTED  OR  ADOPTED BY SUCH LOCAL GOVERNMENT OR COUNTY. THE
 DESIGNATION AUTHORIZED BY THIS PARAGRAPH SHALL NOT TAKE EFFECT UNTIL  IT
 HAS  BEEN  FILED WITH THE DEPARTMENT OF STATE, AND MUST BE MAINTAINED ON
 THE WEBSITE OF SUCH LOCAL GOVERNMENT OR COUNTY  UNLESS  AND  UNTIL  SUCH
 LOCAL GOVERNMENT OR COUNTY PASSES A LOCAL LAW DELEGATING THE ENFORCEMENT
 AUTHORITY REFERENCED IN THIS PARAGRAPH.
   D.  WHERE  A LOCAL GOVERNMENT OR COUNTY IS ADMINISTERING AND ENFORCING
 THE UNIFORM CODE AND/OR ENERGY CODE IN ACCORDANCE WITH THE PROVISIONS OF
 THE DEFAULT CODE ENFORCEMENT PROGRAM PURSUANT TO  PARAGRAPH  B  OF  THIS
 SUBDIVISION,  THE  DEFAULT  CODE ENFORCEMENT PROGRAM SHALL BE DEEMED THE
 APPLICABLE CODE ENFORCEMENT PROGRAM FOR THE PURPOSES  OF  SECTION  THREE
 HUNDRED EIGHTY-TWO OF THIS ARTICLE.
   §  3. Section 382 of the executive law, as added by chapter 707 of the
 laws of 1981, subdivision 2 as amended by chapter 571  of  the  laws  of
 2021,  subdivision  3  as amended by chapter 507 of the laws of 2021 and
 subdivision 4 as amended by chapter 47 of the laws of 2021,  is  amended
 to read as follows:
   § 382. Remedies.  1. In addition to and not in limitation of any power
 otherwise granted by law, every  local  government  and  its  authorized
 agents  shall  have  the  power to order in writing the remedying of any
 condition found to exist in, on or about any building  in  violation  of
 the  uniform  fire  prevention and building code and to issue appearance
 tickets for violations of the uniform code.
   2. FAILURE TO COMPLY WITH THE UNIFORM  FIRE  PREVENTION  AND  BUILDING
 CODE,  PERMIT OR CERTIFICATE OF OCCUPANCY PROVISION OF THE CODE ENFORCE-
 MENT PROGRAM, OR ORDER. Any person OR ENTITY, having been served, either
 personally or by registered or certified mail, with an order  to  remedy
 any  condition found to exist in, on, or about any building in violation
 of the uniform fire prevention and building  code,  who  shall  fail  to
 comply  with such order within the time fixed by the regulations promul-
 gated by the secretary pursuant to  subdivision  one  of  section  three
 hundred eighty-one of this article, such time period to be stated in the
 order,  and  any  owner, builder, architect, tenant, contractor, subcon-
 tractor, construction superintendent or their agents or any other person
 A. 5620                             9

 taking part or assisting in the construction of any building  who  shall
 knowingly  violate  (I)  any of the applicable provisions of the uniform
 code, (II) ANY PERMIT OR  CERTIFICATE  OF  OCCUPANCY  PROVISION  OF  THE
 APPLICABLE  CODE  ENFORCEMENT  PROGRAM,  or  (III) any lawful order of a
 local government, a county or the secretary made [thereunder] UNDER  THE
 UNIFORM  CODE OR UNDER THE APPLICABLE CODE ENFORCEMENT PROGRAM regarding
 standards for construction, maintenance, or  fire  protection  equipment
 and  systems,  shall  be  GUILTY  OF  AN  UNCLASSIFIED MISDEMEANOR. SUCH
 OFFENSE SHALL BE punishable by a fine of  not  more  than  one  thousand
 dollars per day of violation, or imprisonment not exceeding one year, or
 both  for  the  first one hundred eighty days, and for the following one
 hundred eighty days shall be punishable by a fine of no less than  twen-
 ty-five  dollars  and  not  more  than  one  thousand dollars per day of
 violation or imprisonment not exceeding one year, or both and thereafter
 shall be punishable by a fine of no less than fifty dollars and not more
 than one thousand dollars per  day  of  violation  or  imprisonment  not
 exceeding one year, or both.
   3.  Where the construction or use of a building is in violation of (I)
 any provision of the uniform code [or any lawful order  obtained  there-
 under],  (II)  ANY  PERMIT  OR CERTIFICATE OF OCCUPANCY PROVISION OF THE
 APPLICABLE CODE ENFORCEMENT PROGRAM,  OR  (III)  ANY  PROVISION  OF  ANY
 LAWFUL  ORDER  MADE UNDER THIS ARTICLE, UNDER THE UNIFORM CODE, OR UNDER
 THE APPLICABLE CODE ENFORCEMENT PROGRAM, a justice of the supreme court,
 New York city civil court, a city court, district court or county  court
 may  order  the removal of the building or an abatement of the condition
 in violation of such provisions.  WHERE A PERSON OR ENTITY, HAVING  BEEN
 SERVED  WITH ANY LAWFUL ORDER MADE UNDER THIS ARTICLE, UNDER THE UNIFORM
 CODE, OR UNDER THE APPLICABLE CODE ENFORCEMENT PROGRAM,  SHALL  FAIL  TO
 COMPLY  WITH  SUCH  ORDER, A JUSTICE OF THE SUPREME COURT, NEW YORK CITY
 CIVIL COURT, A CITY COURT, DISTRICT COURT  OR  COUNTY  COURT  MAY  ORDER
 COMPLIANCE  WITH  SUCH ORDER. An application for such relief may be made
 by the secretary, an appropriate municipal officer, or any other  person
 aggrieved by the violation.
   4.  In  addition  to  any  other applicable remedy or penalty, where a
 building has been altered in violation of any provision of  the  uniform
 code or any lawful order obtained [thereunder] UNDER THIS ARTICLE, UNDER
 THE  UNIFORM CODE, OR UNDER THE APPLICABLE CODE ENFORCEMENT PROGRAM, and
 such alteration impedes a person's egress from such  building  during  a
 fire  or other emergency evacuation, the owner of such building, and any
 builder, architect, contractor,  subcontractor  or  construction  super-
 intendent,  or  agent  thereof  who has knowledge of such alteration, or
 owner who reasonably should have had knowledge of such alteration  based
 on either an inspection or repair of a leased premises with consent from
 the  tenant, shall be subject to a civil penalty of up to seven thousand
 five hundred dollars.
   5. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL  FINES  IMPOSED
 AND  COLLECTED  FOR ANY VIOLATION OF THIS SECTION SHALL BE PAID AT LEAST
 MONTHLY INTO  THE  TREASURY  OF  THE  LOCAL  GOVERNMENT  IN  WHICH  SUCH
 VIOLATION  OCCURRED, UNLESS: (I) THE COUNTY IS ADMINISTERING AND ENFORC-
 ING THE UNIFORM FIRE PREVENTION  AND  BUILDING  CODE  AND  STATE  ENERGY
 CONSERVATION  CONSTRUCTION  CODE IN SUCH LOCAL GOVERNMENT AS PROVIDED BY
 SUBDIVISION TWO OR FOUR OF SECTION  THREE  HUNDRED  EIGHTY-ONE  OF  THIS
 ARTICLE, IN WHICH CASE SUCH FINES AND PENALTIES COLLECTED IN CASES ARIS-
 ING  OUT OF THE VIOLATION OF THIS SECTION SHALL BE PAID AT LEAST MONTHLY
 INTO THE TREASURY OF THE COUNTY, (II) AN ADJOINING OR REASONABLY  PROXI-
 MATE  LOCAL  GOVERNMENT  IS ADMINISTERING AND ENFORCING THE UNIFORM FIRE
 A. 5620                            10
 
 PREVENTION AND BUILDING CODE AND STATE ENERGY CONSERVATION  CONSTRUCTION
 CODE IN SUCH LOCAL GOVERNMENT AS PROVIDED BY SUBDIVISION FOUR OF SECTION
 THREE  HUNDRED  EIGHTY-ONE OF THIS ARTICLE, IN WHICH CASE SUCH FINES AND
 PENALTIES  COLLECTED  IN  CASES  ARISING  OUT  OF  THE VIOLATION OF THIS
 SECTION SHALL BE PAID AT LEAST MONTHLY INTO THE TREASURY OF SUCH ADJOIN-
 ING OR REASONABLY PROXIMATE LOCAL GOVERNMENT, OR (III) THE SECRETARY  IS
 ADMINISTERING  AND  ENFORCING  THE  UNIFORM FIRE PREVENTION AND BUILDING
 CODE AND STATE ENERGY  CONSERVATION  CONSTRUCTION  CODE  IN  SUCH  LOCAL
 GOVERNMENT  AS  PROVIDED  BY  SUBDIVISION  TWO  OR FOUR OF SECTION THREE
 HUNDRED EIGHTY-ONE OF THIS ARTICLE, IN WHICH CASE SUCH FINES AND  PENAL-
 TIES  COLLECTED  IN  CASES  ARISING OUT OF THE VIOLATION OF THIS SECTION
 SHALL BE PAID AT LEAST MONTHLY INTO  THE  GENERAL  FUND  ESTABLISHED  BY
 SECTION  SEVENTY-TWO  OF  THE STATE FINANCE LAW. WHERE TWO OR MORE LOCAL
 GOVERNMENTS HAVE PROVIDED 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,  SUCH LOCAL GOVERNMENTS MAY PROVIDE IN SUCH AGREEMENT FOR A DIFFER-
 ENT DISTRIBUTION OF SUCH FINES.
   (B) THE CIVIL PENALTIES PROVIDED IN SUBDIVISION FOUR OF  THIS  SECTION
 MAY BE RECOVERED IN AN APPROPRIATE ACTION OR PROCEEDING COMMENCED BY THE
 LOCAL GOVERNMENT, COUNTY, OR STATE AGENCY RESPONSIBLE FOR ADMINISTRATION
 AND  ENFORCEMENT  OF  THE UNIFORM CODE WITH RESPECT TO THE BUILDING THAT
 WAS ALTERED IN VIOLATION OF ANY PROVISION OF THE  UNIFORM  CODE  OR  ANY
 LAWFUL  ORDER  OBTAINED  UNDER  THIS ARTICLE, UNDER THE UNIFORM CODE, OR
 UNDER THE APPLICABLE CODE ENFORCEMENT PROGRAM, AND SHALL BE  PAYABLE  TO
 THE  TREASURY  OF SUCH LOCAL GOVERNMENT, THE TREASURY OF SUCH COUNTY, OR
 THE GENERAL FUND OF THE STATE OF NEW YORK, AS APPLICABLE.
   § 4. Subdivision 15 of section 11-102 of the energy law, as amended by
 chapter 560 of the laws of 2010 and renumbered by  chapter  374  of  the
 laws of 2022, is amended to read as follows:
   15. "Residential building." Any building which is designed or is to be
 used  primarily  as a dwelling or household as defined by the state fire
 prevention and building code council, including any factory manufactured
 home as defined in subdivision [eight]  TEN  of  section  three  hundred
 seventy-two  of  the  executive  law  and  any mobile home as defined in
 subdivision [thirteen] FIFTEEN of section three hundred  seventy-two  of
 the executive law.
   § 5. This act shall take effect immediately.