Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 26, 2014 |
print number 901a |
Feb 26, 2014 |
amend and recommit to housing, construction and community development |
Jan 08, 2014 |
referred to housing, construction and community development |
Jan 09, 2013 |
referred to housing, construction and community development |
Senate Bill S901A
2013-2014 Legislative Session
Sponsored By
(R, C) 7th Senate District
Archive: Last 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
Actions
Bill Amendments
2013-S901 - Details
2013-S901 - Sponsor Memo
BILL NUMBER:S901 TITLE OF BILL: An act to amend the executive law, in relation to the criminal enforcement 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). The provisions of Executive Law § 382 have proven to be ineffective at serving as a deterrent to ensure compliance with the fire prevention and building code. The ambiguous and vague provisions have led courts to reach the conclusion that criminal actions may not be commenced against a defendant until a notice of violation (NOV) has been issued, see People v. Caravousanos, 2 Misc.3d 138(A) (Sup. Ct. App. Term 2004). Such a reading of Executive Law § 382 significantly hampers local government officials' ability to enforce the uniform code and deter flagrant violations of regulations designed to protect the public's health, safety and welfare. The amendment also creates a "violation" for a uniform code infraction, as some judges have expressed reservations about finding defendants guilty of misdemeanors for building and fire code violations.
2013-S901 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 901 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. MARTINS -- 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 135 of the laws of 1997, 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 PARTNER- SHIP, OR CORPORATION OWNING, IN CONTROL OF, AGENT FOR, 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 [taking part or assisting in the construction of any building], LIMITED LIABILITY COMPANY, LIMITED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2013-S901A (ACTIVE) - Details
2013-S901A (ACTIVE) - Sponsor Memo
BILL NUMBER:S901A TITLE OF BILL: An act to amend the executive law, in relation to the criminal enforcement of violations of the state's uniform fire prevention and building code TITLE OF BILL: An act to amend the executive law, in relation to the criminal enforcement of violations of the state's uniform fire prevention and building code PURPOSE OR GENERAL IDEA OF BILL: To clarify the procedures for commencing a criminal action for violating the State's Uniform Fire Prevention and Building Code (Uniform Code) in relation to an imminent life safety violation that requires an immediate cure. SUMMARY OF SPECIFIC PROVISIONS: Amends section 382 of the Executive Law by adding subdivision 2 (b): Any person or entity owning, in control of, agent for, tenant of; or otherwise responsible for a property or building, having been served with an order to remedy an imminent life safety violation requiring immediate cure, who fails to comply with such order immediately may be ordered to vacate the premise until such imminent life safety violation is resolved. Any person or entity that knowingly violates the Uniform Code would be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars per day of violation, or imprisonment not exceeding one year, or both. The council shall promulgate rules and regulations
2013-S901A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 901--A 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- recommitted to the Committee on Housing, Construction and Community Development in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 135 of the laws of 1997, is amended to read as follows: 2. (A). Any person, having been served, either personally or by regis- tered 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 ther- eunder 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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