S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8616
 
                           I N  A S S E M B L Y
 
                             January 12, 2024
                                ___________
 
 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  minimum  staffing
   levels for agencies enforcing the minimum standards under the New York
   State Uniform Fire Prevention and Building Code Act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent.  The legislature enacted the  New  York
 State  Uniform  Fire  Prevention  and  Building  Code Act ("the Act") to
 prevent loss of life, injury to persons, and damage  to  property  as  a
 result  of  fire and to provide a basic level of protection to which the
 people are entitled in connection with the construction and  maintenance
 of  buildings.  These people include, importantly, the first responders:
 firefighters, police, and EMTs, who are  required  to  enter  structures
 with  which they are unfamiliar and sometimes navigate them in hazardous
 conditions such as smoke and fire.
   The legislature has further determined it to be a public  policy  that
 there  must  be  a minimum level of protection from the hazards of fire,
 and a uniform set of minimum standards across the state.
   Also, the legislature has determined  that  local  governments  should
 exercise their full powers to administer and enforce the uniform code.
   It  has,  however,  come  to the attention of the legislature, that in
 some jurisdictions, the agencies  responsible  for  enforcement  of  the
 minimum standards are understaffed and cannot keep up with the mandatory
 inspections  and  inspections related to complaints, and the issuance of
 building permits and the follow up inspections and  enforcement  actions
 needed  to implement the Act.  Failure to have adequate staffing has led
 to ineffective enforcement of the Act and increases in the  dangers  the
 Act is intended to prevent.
   § 2. Paragraph b of subdivision 1 of section 381 of the executive law,
 as  amended  by  chapter  560 of the laws of 2010, is amended to read as
 follows:
   b. [number and qualifications of staff,  including  requirements  that
 inspectors  be  certified  pursuant to this chapter,] COMMENCING JANUARY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13784-01-3
 A. 8616                             2
 
 FIRST, TWO  THOUSAND  TWENTY-FIVE,  AND  EVERY  SUBSEQUENT  THIRD  YEAR,
 SETTING  THE  NUMBER AND QUALIFICATIONS OF STAFF, INCLUDING REQUIREMENTS
 THAT INSPECTORS BE CERTIFIED PURSUANT TO THIS ARTICLE,  FOR  EACH  LOCAL
 GOVERNMENT'S  INSPECTORS, DEPUTY FIRE INSPECTORS, PLAN REVIEWERS, CERTI-
 FIED ENFORCEMENT OFFICIALS, FIRE INSPECTORS OR OTHER RELEVANT PERSONNEL,
 IN ANY LOCAL GOVERNMENT CHARGED WITH ADMINISTRATION AND  ENFORCEMENT  OF
 THE  UNIFORM  BUILDING  AND  FIRE  PREVENTION CODE, SUFFICIENT TO ENSURE
 ADEQUATE COMPLIANCE WITH THIS ARTICLE BASED UPON AN INDEX OR CALCULATION
 THAT TAKES INTO ACCOUNT THE AVERAGE NUMBER OF THE FOLLOWING  WITHIN  THE
 STATE AGENCY'S JURISDICTION, FOR EACH CALENDAR YEAR OVER THE PRIOR THREE
 YEARS:
    I.  STRUCTURES  SUBJECT  TO  FIRE  SAFETY,  PROPERTY  MAINTENANCE, OR
 SPECIAL INSPECTIONS;
   II.  FIRE  SAFETY,  PROPERTY  MAINTENANCE,  OR   SPECIAL   INSPECTIONS
 PERFORMED;
   III. COMMERCIAL AND RESIDENTIAL BUILDING PERMIT APPLICATIONS RECEIVED,
 REVIEWED, AND APPROVED OR DENIED;
   IV. OPERATING PERMITS RECEIVED, REVIEWED, AND APPROVED OR DENIED;
   V. CONSTRUCTION OR OPERATING INSPECTIONS PERFORMED;
   VI. PLANS, SPECIFICATIONS, AND CONSTRUCTION DOCUMENTS APPROVED;
   VII. NOTICES OF VIOLATION AND INDIVIDUAL VIOLATIONS ISSUED;
   VIII. UNSAFE STRUCTURES DECLARED;
   IX. FIRE OR EXPLOSION NOTIFICATIONS RECEIVED; AND
   X.  ENFORCEMENT  ACTIONS, CIVIL OR CRIMINAL, COMMENCED IN ANY COURT OR
 TRIBUNAL.
   § 3.  This act shall take effect on the sixtieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.