S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5685
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 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  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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00960-01-3
              

 A. 5685                             2
 
 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
 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.
 A. 5685                             3
 
   § 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:
   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.