BILL NUMBER:S1059

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's uniform fire prevention and building code.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends section 383 of the Executive Law by
adding a new subdivision (5) to provide that, unless otherwise
specifically provided by statute, all buildings owned or leased by a
State agency or covered authority shall adhere to the uniform fire
prevention and building code. For existing buildings and structures
constructed before the act's effective date, the Office of General
Services will create a staged plan for compliance. The staged plan may
provide for compliance over a period of five years. If the Office of
General Services determines that there are reasons requiring delay,
the period for compliance shall be a period not to exceed ten years.

Section 2 of this bill provides that this act shall take effect on the
one hundred eightieth day after it shall have become a law.
              

EXISTING LAW:

Currently, there is no law that provides for State owned or leased
property to conform with the State's uniform fire prevention and
building code.

JUSTIFICATION:

Buildings under government control should follow the same safety rules
that other buildings in private hands are required to follow. 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. Their enforcement power depends
upon the enabling statute of the State entities that own or lease the
property. In some jurisdictions, the local government's main exercise
of its enforcement powers upon State entities is 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 as privately owned buildings and
structures.


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:

2014: S.2747 3rd Reading Calendar
2013: S.2747 Passed the Senate
2012: S.2213 Referred to Housing, Construction, and Community
Development
2011: S.2213 Referred to Housing, Construction, and Community
Development
2010: S.5666 Referred to Housing, Construction, and Community
Development
2009: S.5666 - Referred to Housing, Construction, and Community
Development

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

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