S T A T E   O F   N E W   Y O R K
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                                  5342

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2013
                               ___________

Introduced  by  M.  of A. GOTTFRIED, BRENNAN, MILLMAN, COLTON, CASTRO --
  Multi-Sponsored by -- M. of A. COOK, CYMBROWITZ, GLICK, TITONE -- read
  once and referred to the Committee on Cities

AN ACT to amend the general city law, in relation to  the  applicability
  of  local  codes  in  cities  with a population of one million or more
  inhabitants

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the "Graffagni-
no and Beddia law".
  S  2.  The general city law is amended by adding a new section 20-h to
read as follows:
  S 20-H. APPLICABILITY OF LOCAL CODES IN CITIES WITH  A  POPULATION  OF
ONE  MILLION  OR  MORE INHABITANTS. 1.  NOTWITHSTANDING ANY PROVISION OF
GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, IN CITIES  WITH  A  POPU-
LATION  OF  ONE MILLION OR MORE INHABITANTS ALL BUILDINGS AND STRUCTURES
OWNED, LEASED OR OPERATED BY THE STATE OF NEW YORK OR A STATE AGENCY, AS
THAT TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-TWO OF THE  EXECU-
TIVE  LAW,  THAT  ARE NOT OTHERWISE REQUIRED TO COMPLY WITH THE REQUIRE-
MENTS OF TITLE TWENTY-EIGHT OF THE ADMINISTRATIVE CODE OF  THE  CITY  OF
NEW  YORK  AND  THE  RULES  AND  REGULATIONS PROMULGATED THEREUNDER (DOB
CODES) OR TITLE TWENTY-NINE OF THE ADMINISTRATIVE CODE OF  THE  CITY  OF
NEW  YORK  AND  THE  RULES  AND REGULATIONS PROMULGATED THEREUNDER (FDNY
CODES), SHALL BE UNDER THE JURISDICTION OF THE DEPARTMENT  OF  BUILDINGS
OF SUCH CITY AND THE FIRE DEPARTMENT OF SUCH CITY AND SHALL BE DESIGNED,
CONSTRUCTED,  OPERATED AND MAINTAINED, TO THE EXTENT SPECIFIED IN SUBDI-
VISIONS TWO, THREE AND FOUR OF THIS SECTION, IN COMPLIANCE WITH THE  DOB
CODES  AND THE FDNY CODES. THE AGENCIES OF SUCH CITY RESPONSIBLE FOR THE
ENFORCEMENT OF SUCH LAWS, RULES AND REGULATIONS ARE HEREBY EMPOWERED  TO
CONDUCT  ALL  INSPECTIONS AUTHORIZED BY SUCH LAWS, RULES AND REGULATIONS
AND ENFORCE SUCH LAWS, RULES AND REGULATIONS AGAINST ALL SUCH  BUILDINGS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01193-01-3
              

A. 5342                             2

AND  STRUCTURES  IN THE SAME MANNER AND TO THE SAME EXTENT AS THEY WOULD
CONDUCT INSPECTIONS AND ENFORCE SUCH LAWS, RULES AND REGULATIONS AGAINST
OTHER BUILDINGS AND STRUCTURES UNDER THEIR JURISDICTION.
  2.  NEW BUILDINGS AND STRUCTURES. ALL BUILDINGS AND STRUCTURES COVERED
BY THIS SECTION AND NEWLY CONSTRUCTED AFTER THE EFFECTIVE DATE  OF  THIS
SECTION  SHALL  COMPLY  WITH  THE REQUIREMENTS OF THE DOB CODES AND FDNY
CODES. CERTIFICATES OF OCCUPANCY ISSUED TO SUCH BUILDINGS AND STRUCTURES
SHALL BE LIMITED TO THE DURATION OF OWNERSHIP BY THE STATE OF  NEW  YORK
OR  STATE  AGENCY UNLESS COMPLIANCE WITH THE ZONING RESOLUTION OF A CITY
OF ONE MILLION OR MORE INHABITANTS IS ALSO DEMONSTRATED.
  3. EXISTING BUILDINGS AND STRUCTURES. EXISTING  BUILDINGS  AND  STRUC-
TURES ARE THOSE CONSTRUCTED BEFORE THE EFFECTIVE DATE OF THIS SECTION.
  (A) CONTINUATION OF LAWFUL USE AND OCCUPANCY. THE LAWFUL USE AND OCCU-
PANCY  OF  AN  EXISTING  BUILDING  OR STRUCTURE MAY BE CONTINUED FOR THE
DURATION OF THE OWNERSHIP, LEASE OR OPERATION BY THE STATE OF  NEW  YORK
OR  STATE  AGENCY  PROVIDED  SUCH  BUILDING OR STRUCTURE IS OPERATED AND
MAINTAINED IN ACCORDANCE WITH THE REQUIREMENTS OF THE FDNY  CODES.  SUCH
LAWFUL  USE AND OCCUPANCY MAY BE CONTINUED UNLESS EITHER THE BUILDING OR
STRUCTURE IS ALTERED, IN WHICH CASE ALL ALTERATIONS TO SUCH BUILDING  OR
STRUCTURE  SHALL  BE  SUBJECT TO THE PROVISIONS OF THE DOB CODES AND THE
FDNY CODES.
  (B) CERTIFICATE OF OCCUPANCY. EXISTING BUILDINGS AND STRUCTURES  SHALL
NOT  REQUIRE  A  CERTIFICATE  OF OCCUPANCY ISSUED BY THE COMMISSIONER OF
BUILDINGS OF A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS
UNLESS AND UNTIL AN ALTERATION REQUIRING A NEW CERTIFICATE OF  OCCUPANCY
AS  PER THE DOB CODES IS MADE. THE COMMISSIONER OF BUILDINGS MAY REQUIRE
THE BUILDING OR STRUCTURE TO BE PROVIDED WITH ADEQUATE MEANS  OF  EGRESS
OR  FIRE  PROTECTION  AS  NECESSARY FOR THE SAFETY OF OCCUPANTS PRIOR TO
ISSUING A CERTIFICATE OF OCCUPANCY. THE  COMMISSIONER  OF  BUILDINGS  OF
SUCH  CITY  MAY  RESTRICT  THE  CERTIFICATE  OF OCCUPANCY ISSUED TO SUCH
BUILDING OR STRUCTURE TO THE DURATION OF OWNERSHIP BY THE STATE  OF  NEW
YORK  OR STATE AGENCY WHERE THE BUILDING OR STRUCTURE, ALTHOUGH LAWFULLY
CONSTRUCTED AND ALTERED, IS NOT SHOWN TO HAVE COMPLIED WITH THE BUILDING
AND ZONING LAWS AND RULES IN EFFECT FOR BUILDINGS WITHIN SUCH CITY  WHEN
THE BUILDING OR STRUCTURE WAS ERECTED, AND, WHERE APPLICABLE, ALTERED.
  (C)  PLACES  OF  ASSEMBLY. (1) FOR ANY EXISTING PLACE OF ASSEMBLY THAT
DOES NOT HAVE A CERTIFICATE OF OPERATION ISSUED BY THE  COMMISSIONER  OF
BUILDINGS  OF  A  CITY WITH A POPULATION OF ONE MILLION OR MORE INHABIT-
ANTS, A PROPOSED SEATING  ARRANGEMENT  PLAN  SHALL  BE  FILED  WITH  AND
APPROVED  BY THE DEPARTMENT OF BUILDINGS AND THE FIRE DEPARTMENT OF SUCH
CITY BEFORE ANY CHANGE IS MADE  TO  EITHER:  (A)  THE  EXISTING  SEATING
ARRANGEMENT;  (B)  TYPE  OF  SEATING;  OR (C) INTERIOR LAYOUT; PROVIDED,
HOWEVER, THAT IN REVIEWING THE SEATING ARRANGEMENT PLAN, THE  DEPARTMENT
OF  BUILDINGS AND THE FIRE DEPARTMENT SHALL NOT APPROVE HAZARDOUS CONDI-
TIONS OR CONFIGURATIONS. SUCH CHANGES  SHALL  NOT  REQUIRE  A  PLACE  OF
ASSEMBLY CERTIFICATE OF OPERATION EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH
TWO OF THIS PARAGRAPH.
  (2)  EXISTING PLACES OF ASSEMBLY SHALL NOT REQUIRE A PLACE OF ASSEMBLY
CERTIFICATE OF OPERATION, PROVIDED, HOWEVER, THAT  UPON  ISSUANCE  OF  A
CERTIFICATE  OF  OCCUPANCY FOR THE BUILDING OR STRUCTURE CONTAINING SUCH
PLACE OF ASSEMBLY, A PLACE OF ASSEMBLY CERTIFICATE OF OPERATION SHALL BE
OBTAINED WITHIN THREE MONTHS THEREAFTER. UPON  SATISFACTORY  APPLICATION
BY  THE  STATE OF NEW YORK OR STATE AGENCY ACCORDING TO THE REQUIREMENTS
AND PROCEDURES OF A CITY WITH A POPULATION OF ONE MILLION OR MORE INHAB-
ITANTS, THE COMMISSIONER OF BUILDINGS OF SUCH CITY SHALL ISSUE A CERTIF-
ICATE OF OPERATION TO ANY SUCH EXISTING PLACE OF ASSEMBLY,  PROVIDED  IT

A. 5342                             3

SUBSTANTIALLY  COMPLIES  WITH  THE DOB CODES' REQUIREMENTS PERTAINING TO
MEANS OF EGRESS AND FIRE PROTECTION.
  (D) MAINTENANCE. EXISTING BUILDINGS AND STRUCTURES SHALL BE SUBJECT TO
THE  MAINTENANCE  REQUIREMENTS  OF THE DOB CODES, INCLUDING ANY REQUIRED
PERIODIC INSPECTIONS AND REPORTS. HOWEVER,  NO  REPORTS  OR  SUBMISSIONS
SHALL BE REQUIRED OF THE STATE OF NEW YORK OR A STATE AGENCY RESPONSIBLE
FOR  THE  OPERATION  AND  CONTROL  OF SUCH BUILDINGS OR STRUCTURES ON OR
BEFORE JULY THIRTY-FIRST, TWO THOUSAND FOURTEEN.
  (E) RETROACTIVE REQUIREMENTS. EXISTING BUILDINGS AND STRUCTURES  SHALL
BE  SUBJECT  TO  ALL  RETROACTIVE REQUIREMENTS IN THE 1968 NEW YORK CITY
BUILDING CODE AND THE DOB CODES PERTAINING TO FIRE PROTECTION  AND  LIFE
SAFETY,  WHETHER  OR  NOT  THE  DEADLINE  TO COMPLY WITH SUCH PROVISIONS
PRECEDED THE EFFECTIVE DATE OF THIS SECTION. IN BUILDINGS OR  STRUCTURES
WHERE  THE  DEADLINE  PRECEDED  THE EFFECTIVE DATE OF THIS SECTION, SUCH
BUILDINGS AND STRUCTURES SHALL HAVE THREE YEARS TO COME INTO COMPLIANCE.
WHERE THE DEADLINE HAS NOT YET PASSED, EXISTING BUILDINGS AND STRUCTURES
SHALL HAVE AS MUCH TIME TO COME INTO COMPLIANCE AS EACH SUCH RETROACTIVE
REQUIREMENT ORIGINALLY AFFORDED EXISTING BUILDINGS WHEN IT BECAME EFFEC-
TIVE.
  4. DEPARTMENT OF LABOR COOPERATION WITH  DEPARTMENT  OF  ENVIRONMENTAL
PROTECTION  OF  A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABIT-
ANTS.  THE COMMISSIONER OF LABOR AND THE COMMISSIONER  OF  ENVIRONMENTAL
PROTECTION  OF  A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABIT-
ANTS SHALL COOPERATE IN PROVIDING NOTIFICATION OF, AND SHARING  RELEVANT
INFORMATION ABOUT ASBESTOS ABATEMENT PROJECTS IN SUCH CITY AT ALL BUILD-
INGS  AND  STRUCTURES OWNED, LEASED OR OPERATED BY THE STATE OF NEW YORK
OR A STATE AGENCY, AS THAT TERM IS  DEFINED  IN  SECTION  THREE  HUNDRED
SEVENTY-TWO  OF  THE  EXECUTIVE  LAW,  AND  SHALL OTHERWISE COOPERATE AS
NECESSARY, IN ORDER TO FURTHER ENHANCE THE SAFETY OF SUCH PROJECTS.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.