Legislation

Search OpenLegislation Statutes

This entry was published on 2022-03-11
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 382
Remedies
Executive (EXC) CHAPTER 18, ARTICLE 18
§ 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. 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 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
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 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 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 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 any
provision of the uniform code or any lawful order obtained thereunder, 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. 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, 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 superintendent, 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.