BILL NUMBER:S2213

TITLE OF BILL:
An act
to amend the executive law, in relation to application of the state
uniform fire prevention and building code to certain premises

PURPOSE:
To require state-owned buildings or state-leased space to adhere to
the state uniform fire prevention and building codes.

SUMMARY OF PROVISIONS:
This Bill would add subdivision 5 to Section 383 of the NYS executive
law, which would require all buildings owned, or in which space is
leased, by state agencies and covered authorities, to adhere to state
uniform fire prevention and building code. Existing buildings and
structures constructed before this amendment's effective date shall
be subject to adherence to the codes under a stage plan, to be
developed by the Office of General Services. Stage plans will not
exceed 5 years, unless the Office of General Services deems a delay
is necessary, in which case the stage plan is not to not exceed 10
years past the effective date. Building alterations or new
construction will adhere to the state uniform fire prevention and
building code.

EXISTING LAW:
              

No Existing Law.

JUSTIFICATION:
Buildings under government control should follow the same safety rules
that other buildings in private hands do.
The informal and voluntary nature of compliance with codes creates a
risk that there is construction, demolition, or other hazardous
activity taking place at these properties that local municipalities
do not know about, cannot require building owners to correct, and may
not be prepared to address in the event of an emergency.

Currently, local governments have limited enforcement powers over
state building and property owners, depending on the enabling statute
of the state entities. In some jurisdictions, the local government
exercises its enforcement powers upon state entities mainly through
the voluntary filing of construction and demolition projects by those
entities, and through courtesy inspections and liaison relationships.
This bill would require all buildings and structures that are owned,
leased or operated by the state of New York or by any of its
authorities to be code-compliant to the same extent that privately
owned buildings and structures are under the jurisdiction of such
agencies.

In every sense, this bill will enhance public safety throughout the
five boroughs by requiring that the State and its authorities do what
all private building owners are required to do.

LEGISLATIVE HISTORY:
S.5666 of 2009-10 - Referred to Housing

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.