Senate Bill S9660

2025-2026 Legislative Session

Relates to the criminal enforcement of violations of the state's uniform fire prevention and building code

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Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 31, 2026	referred to housing, construction and community development

2025-S9660 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Executive Law
Laws Affected:: Amd §382, Exec L

2025-S9660 (ACTIVE) - Summary

Expands the number of parties subject to enforcement of violations of the state's uniform fire prevention and building code.

2025-S9660 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9660

SPONSOR: FAHY
 
TITLE OF BILL:

An act to amend the executive law, in relation to the criminal enforce-
ment of violations of the state's uniform fire prevention and building
code

 
PURPOSE:

To clarify the procedures for commencing a criminal action for violating
the State's Uniform Fire Prevention and Building Code (Uniform Code). To
create a "violation" with civil penalty as an alternative measure for
defendants guilty of misdemeanors for building fire and code violations.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 2 of § 382 of the Executive Law, removing
superfluous and confusing language, and the requirement that the secre-
tary of state promulgate a schedule to correct violations.

Adds paragraph (a) clarifying that individuals who knowingly violate the
state's uniform fire prevention and building code may be found guilty of
a misdemeanor.

Adds paragraph (b) creating a "violation" as a potential punishment for
an infraction of the state's uniform code.

 
JUSTIFICATION:

There have been issues with how courts have interpreted section 382 of
the Executive Law as requiring local governments to issue a notice of
violation (NOV) as a prerequisite to commencing a criminal action, see
People v. Caravousanos, 2 Misc3d. 138(A) (Sup. Ct. App. Term 2004). The
current law states that an NOV must allow violators an opportunity to
comply with an order to correct a violation "within the time fixed by
the regulations promulgated by the secretary  
OF STATE." For almost 30
years, the secretary of state never promulgated such a schedule because
doing so was impractical. This reading of the law significantly hampers
local government officials' ability to enforce uniform code and deter
flagrant violations of regulations designed to protect the public's
health, safety, and welfare.

Only in response to the decision in People v. Plateau Associates, LLC,
46 Misc.3d 1 (2014) did the secretary of state adopt a blanket 30-day
time period to correct ALL uniform code violations. This standard is
problematic, allowing serious, life-threatening violations to continue
for 30 days while potentially imposing unreasonable remedy requirements
of violations that may require much longer than 30 days to correct and
which may not pose a threat to anyone's safety.

The bill removes the confusing language of the section. It clarifies
that a knowing violation of the uniform code is a misdemeanor. In addi-
tion, a strict liability "violation" is created for infractions of the
uniform code. Some judges are reluctant to find individuals guilty of a
misdemeanor for a building code violation. This bill would give the
courts the option of finding defendants guilty without giving them a
criminal record, particularly in those instances when properties come
into quick compliance. It also allows defendants to enter in plea agree-
ments to "violations" instead of misdemeanors.

 
LEGISLATIVE HISTORY:

2017-2018 - A3798 (Jaffee)

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2025-S9660 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9660
 
                             I N  S E N A T E
 
                              March 31, 2026
                                ___________
 
 Introduced  by  Sen.  FAHY  --  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 the criminal enforce-
   ment of violations of the state's 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  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 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]  (A)  ANY
 PERSON,  LIMITED  LIABILITY  COMPANY,  LIMITED LIABILITY PARTNERSHIP, OR
 CORPORATION OWNING, IN CONTROL OF, AN AGENT FOR, A TENANT OF, OR  OTHER-
 WISE  RESPONSIBLE FOR A PROPERTY OR BUILDING, HAVING BEEN SERVED, EITHER
 PERSONALLY OR PURSUANT TO SUBDIVISION  FOUR  OF  SECTION  THREE  HUNDRED
 EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES, WITH AN ORDER TO REMEDY ANY
 CONDITION FOUND TO EXIST IN, ON, OR ABOUT THE PROPERTY OR  ANY  BUILDING
 ON THE PROPERTY IN VIOLATION OF THE UNIFORM FIRE PREVENTION AND BUILDING
 CODE, WHO FAILS TO COMPLY WITH SUCH ORDER WITHIN THE TIME STATED THEREIN
 OR  any  owner,  builder,  PROPERTY  MANAGER, PROPERTY AGENT, architect,
 tenant, contractor, subcontractor, construction superintendent or  their
 agents or any other person [taking part or assisting in the construction
 of  any building], LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNER-
 SHIP,  OR  CORPORATION  PARTICIPATING  OR  ASSISTING   IN   EITHER   THE
 CONSTRUCTION  OF  ANY BUILDING OR THE MAINTENANCE, CONTROL, OR OVERSIGHT
 OF A PROPERTY OR BUILDING who [shall] knowingly [violate]  VIOLATES  any
 of  the applicable provisions of the uniform code or any lawful order of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15350-02-6
 S. 9660                             2

 a local government, a county or the secretary made thereunder  regarding
 standards  for  construction, maintenance, or fire protection [equipment
 and systems, shall be] IS GUILTY OF A MISDEMEANOR 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]
 TWO 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] THREE  thousand  dollars
 per day of violation or imprisonment not exceeding one year, or both.
   (B)  ANY PERSON, LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNER-
 SHIP OR CORPORATION OWNING, IN CONTROL OF, AN AGENT FOR, A TENANT OF, OR
 OTHERWISE RESPONSIBLE FOR A PROPERTY OR BUILDING,  HAVING  BEEN  SERVED,
 EITHER  PERSONALLY  OR  PURSUANT  TO  SUBDIVISION  FOUR OF SECTION THREE
 HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND  RULES,  WITH  AN  ORDER  TO
 REMEDY ANY CONDITION FOUND TO EXIST IN, ON, OR ABOUT THE PROPERTY OR ANY
 BUILDING ON THE PROPERTY IN VIOLATION OF THE UNIFORM FIRE PREVENTION AND
 BUILDING CODE, WHO FAILS TO COMPLY WITH SUCH ORDER WITHIN THE TIME STAT-
 ED  THEREIN  OR  ANY  OWNER,  BUILDER, PROPERTY MANAGER, PROPERTY AGENT,
 ARCHITECT, TENANT, CONTRACTOR, SUBCONTRACTOR,  CONSTRUCTION  SUPERINTEN-
 DENT  OR  THEIR  AGENTS  OR ANY OTHER PERSON, LIMITED LIABILITY COMPANY,
 LIMITED LIABILITY PARTNERSHIP, OR CORPORATION PARTICIPATING OR ASSISTING
 IN EITHER THE CONSTRUCTION OF ANY BUILDING OR THE MAINTENANCE,  CONTROL,
 OR  OVERSIGHT OF A PROPERTY OR BUILDING WHO VIOLATES ANY OF THE APPLICA-
 BLE PROVISIONS OF THE UNIFORM CODE  OR  ANY  LAWFUL  ORDER  OF  A  LOCAL
 GOVERNMENT,  A  COUNTY OR THE SECRETARY MADE THEREUNDER REGARDING STAND-
 ARDS FOR CONSTRUCTION, MAINTENANCE, OR FIRE PROTECTION, IS GUILTY  OF  A
 VIOLATION,  PUNISHABLE  BY  A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS
 PER DAY OF VIOLATION, OR IMPRISONMENT NOT  EXCEEDING  FIFTEEN  DAYS,  OR
 BOTH.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S9660

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Actions

2025-S9660 (ACTIVE) - Details

2025-S9660 (ACTIVE) - Summary

2025-S9660 (ACTIVE) - Sponsor Memo

2025-S9660 (ACTIVE) - Bill Text download pdf

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Sponsored By

Patricia Fahy

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Actions

2025-S9660 (ACTIVE) - Details

2025-S9660 (ACTIVE) - Summary

2025-S9660 (ACTIVE) - Sponsor Memo

2025-S9660 (ACTIVE) - Bill Text download pdf

Comments