The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2418
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced by Sens. COMRIE, HINCHEY, SEPULVEDA -- 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 expanding remedies for
   violations of New York state uniform fire prevention and building code

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section  382  of  the  executive  law,  as
 amended  by chapter 571 of the laws of 2021, is amended and a new subdi-
 vision 2-a is added to read as follows:
   2. Any person, having been served, either personally or by  registered
 or  certified  mail, with an order to remedy any condition, OTHER THAN A
 CONDITION THAT IS DEEMED AN IMMINENT THREAT TO THE SAFETY AND WELFARE OF
 THE BUILDING'S OCCUPANTS, 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
 promulgated 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,
 subcontractor,  construction superintendent or their agents or any other
 person taking part or assisting in the construction of any building  who
 shall  knowingly violate any of the applicable provisions of the uniform
 code or any lawful order of a local government, a county or  the  secre-
 tary  made thereunder regarding standards for construction, maintenance,
 or fire protection equipment and systems, shall be punishable by a  fine
 of not more than one thousand dollars per day of violation, or imprison-
 ment  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 twenty-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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03905-02-3

 S. 2418                             2
 
 than fifty dollars and not more than one thousand  dollars  per  day  of
 violation or imprisonment not exceeding one year, or both.
   2-A.  ANY  PERSON,  HAVING BEEN SERVED, EITHER PERSONALLY OR BY REGIS-
 TERED OR CERTIFIED MAIL, WITH AN ORDER TO REMEDY A CONDITION THAT IS  AN
 IMMINENT THREAT TO THE SAFETY AND WELFARE OF THE BUILDING'S OCCUPANTS AS
 DETERMINED  BY  THE LOCAL GOVERNMENT AND ITS AUTHORIZED AGENTS, 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 PROMULGATED  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,  SUBCONTRACTOR,  CONSTRUCTION
 SUPERINTENDENT OR THEIR AGENTS  OR  ANY  OTHER  PERSON  TAKING  PART  OR
 ASSISTING  IN  THE  CONSTRUCTION  OF  ANY  BUILDING  WHO SHALL KNOWINGLY
 VIOLATE ANY OF THE APPLICABLE PROVISIONS OF  THE  UNIFORM  CODE  OR  ANY
 LAWFUL ORDER OF A LOCAL GOVERNMENT, A COUNTY OR THE SECRETARY MADE THER-
 EUNDER  REGARDING  STANDARDS  FOR  CONSTRUCTION,  MAINTENANCE,  OR  FIRE
 PROTECTION EQUIPMENT AND SYSTEMS, SHALL BE PUNISHABLE BY A  FINE  OF  NO
 LESS  THAN  ONE  THOUSAND DOLLARS AND NO MORE THAN FIVE THOUSAND DOLLARS
 PER DAY OF VIOLATION OR IMPRISONMENT NOT EXCEEDING ONE  YEAR,  OR  BOTH,
 FOR  THE  FIRST OCCURRENCE OF A VIOLATION FOR ANY BUILDING OWNED BY SUCH
 PERSON. A PERSON'S SECOND VIOLATION RELATED TO  ANY  PROPERTY  OWNED  BY
 SUCH  PERSON  FOR  A  CONDITION THAT IS DEEMED AN IMMINENT THREAT TO THE
 SAFETY AND WELFARE OF THE BUILDING'S OCCUPANTS, SHALL BE PUNISHABLE BY A
 FINE NO LESS THAN FIVE THOUSAND DOLLARS AND NO MORE  THAN  TEN  THOUSAND
 DOLLARS  PER DAY OF VIOLATION OR IMPRISONMENT NOT EXCEEDING ONE YEAR, OR
 BOTH. A PERSON'S THIRD VIOLATION RELATED TO ANY PROPERTY OWNED  BY  SUCH
 PERSON  FOR  A CONDITION THAT IS DEEMED AN IMMINENT THREAT TO THE SAFETY
 AND WELFARE OF THE BUILDING'S OCCUPANTS, SHALL BE PUNISHABLE BY  A  FINE
 NO  LESS  THAN TEN THOUSAND DOLLARS PER DAY OF VIOLATION OR IMPRISONMENT
 NOT EXCEEDING ONE YEAR, OR BOTH.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.