NY State Senate Bill 2019-S3674A

Senate Bill S3674A

2019-2020 Legislative Session

Relates to failure to obtain a building permit or certificate of occupancy for a multiple dwelling

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Feb 12, 2020	advanced to third reading
Feb 11, 2020	2nd report cal.
Feb 10, 2020	1st report cal.369
Jan 08, 2020	referred to codes
Jun 20, 2019	committed to rules
May 20, 2019	amended on third reading 3674a
May 15, 2019	advanced to third reading
May 14, 2019	2nd report cal.
May 13, 2019	1st report cal.672
Feb 12, 2019	referred to codes

Votes

- Feb 10, 2020 - Codes Committee Vote
  S3674A
  
  12
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Feb 10, 2020
      
      aye (12)
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Gallivan
      
      Gounardes
      
      Kaminsky
      
      Kavanagh
      
      Lanza
      
      Myrie
      
      O'Mara
      
      Savino
  May 13, 2019 - Codes Committee Vote
  S3674A
  
  12
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 13, 2019
      
      aye (12)
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Gallivan
      
      Gounardes
      
      Kaminsky
      
      Kavanagh
      
      Lanza
      
      Myrie
      
      Savino
      
      excused (1)
      
      O'Mara

Bill Amendments

Original

A (Active)

2019-S3674 - Details

See Assembly Version of this Bill:: A7178
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Add §§270.11 - 270.13, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3239, A6041
2017-2018: S1864, A5528
2021-2022: S860, A6273
2023-2024: S340
2025-2026: S1313

2019-S3674 - Summary

Relates to failure to obtain an alteration permit or certificate of occupancy for a multiple dwelling; makes such crimes a felony.

2019-S3674 - Sponsor Memo

                                
 
BILL NUMBER: S3674

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the penal law, in relation to failure to obtain a build-
ing permit or certificate of occupancy for a dwelling

 
PURPOSE:

To increase public safety by increasing the penalties for failing to
obtain the proper permits or certificates prior to altering a multiple
dwelling or allowing an altered building to be inhabited.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends the Penal Law by adding three new
sections 270.11, 270.12 and 270.13 regarding illegal conversions of a
multiple dwelling. New section 270.11 provides definitions that will be
used for new sections 270.12 and 270.13. The terms defined in this
section are "altered" or "alteration," "dwelling," "illegally altered,"

"local law or regulation," and "multiple dwelling."

New section 270.12 establishes the offense of failure to obtain an
alteration permit or certificate of occupancy for a multiple dwelling in
the second degree. A person is guilty of this offense when he or she,
being the owner of the dwelling, failed to obtain an alteration permit
or certificate of occupancy, illegally altered the dwelling and a person
suffered physical injury in or around the dwelling due to the illegal
alterations. This offense is a class D felony.

New section 270.13 establishes the offense of failure to obtain an
alteration permit or certificate of occupancy for a multiple dwelling in
the first degree. A person is guilty of this offense when he or she,
being the owner of the dwelling, failed to obtain an alteration permit
or certificate of occupancy, illegally altered the dwelling and a person
suffered serious physical injury in or around the dwelling due to the
illegal alterations. This offense is a class C felony.

Section two of this bill provides that this act shall take effect on the
sixtieth day after it shall have become a law.

 
CURRENT LAW:

The Multiple Dwelling Law provides penalties in the form of fines and/or
imprisonment for violations of the alteration permit requirements and
the certificate of occupancy requirements.

 
JUSTIFICATION:

When a multiple dwelling is illegally altered, those alterationstpLa-
ceithe public and our first responders at risk. The illegal alterations
could cause walls fo fall or ignite more quickly.  Additionally, they
could trap residents in the building.

On April 25, 2011, fire ripped through an illegally altered multiple
dwelling in the Bronx claiming the lives of a 12-year old boy and his
parents. Eight people, including four firefighters, were injured in the
fire. It took 106 firefighters an hour to get the blaze under control.
Prior to the fire, multiple complaints regarding the building had been
filed with the City's Buildings Department.

In February 2010, five men died in Brooklyn when the illegally converted
multiple dwelling in which they lived was set on fire. This fire, which
was a three alarm fire, was fought by 140 firefighters.  On November 10,
2014, the New York Times reported that prosecutors said that the blaze
could have been contained in one hour if it had been up to code. The
building's landlord, Vasilios Gerazounis, plead guilty to criminally
negligent homicide in conjunction with the fire.

Even though the City's Buildings Department is working to stop illegal
conversions in the City, buildings are illegally converted every day.
This bill would create a significant deterrent for those who may be
considering illegally altering a multiple dwelling. By increasing
current and creating new penalties for people who illegally convert
buildings, tragedies like those in the Bronx and Brooklyn may be
averted.

 
LEGISLATIVE HISTORY:

2018: S.1864 - Referred to Codes

2017: S.1864 - Passed the Senate

2016: S.3239-B - Passed the Senate

2015: S.3239-A - Passed the Senate

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2019-S3674 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3674
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to failure to obtain a build-
   ing permit or certificate of occupancy for a dwelling
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is  amended  by  adding  three  new  sections
 270.11, 270.12, and 270.13 to read as follows:
 § 270.11 DEFINITIONS.
   AS  USED  IN SECTIONS 270.12 AND 270.13 OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING DEFINITIONS.
   1. THE TERMS "ALTERED" AND "ALTERATION" SHALL MEAN ANY CHANGE  IN  THE
 STRUCTURAL  PARTS  OF  A  BUILDING OR ANY CHANGE THAT IMPEDES A PERSON'S
 EGRESS FROM A BUILDING DURING A FIRE OR EMERGENCY EVACUATION.
   2. THE TERM "DWELLING" SHALL MEAN ANY  ONE  TO  FOUR  FAMILY  DWELLING
 LOCATED  IN  A  CITY  WITH  A POPULATION OF ONE MILLION OR MORE WHICH IS
 OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING PLACE OF
 ONE OR MORE HUMAN BEINGS.
   3. THE TERM "ILLEGALLY ALTERED" SHALL MEAN A DWELLING WITH ALTERATIONS
 THAT VIOLATE THE BUILDING CODE, OR LOCAL LAW OR REGULATION.
   4. THE TERM "LOCAL LAW OR REGULATION" SHALL  MEAN  THE  ADMINISTRATIVE
 CODE  OF  THE  CITY  OF NEW YORK OR REGULATION THAT HAS BEEN PROMULGATED
 THEREUNDER.
 § 270.12 FAILURE TO OBTAIN A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY
            FOR A DWELLING IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF FAILURE TO OBTAIN A BUILDING PERMIT  OR  CERTIF-
 ICATE OF OCCUPANCY FOR A DWELLING IN THE SECOND DEGREE WHEN:
   1.  BEING  THE OWNER OF THE DWELLING, HE OR SHE (A) FAILED TO OBTAIN A
 BUILDING PERMIT PURSUANT TO THE BUILDING CODE OR A LOCAL  LAW  OR  REGU-
 LATION REQUIRING PERMITS FOR ALTERATIONS PRIOR TO ENGAGING IN OR AUTHOR-
 IZING  ALTERATIONS  TO  SUCH  DWELLING,  (B) SUCH DWELLING WAS ILLEGALLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07695-01-9

 S. 3674                             2
 
 ALTERED WITH AUTHORIZATION OF THE OWNER, (C) A PERSON SUFFERED  PHYSICAL
 INJURY  IN  OR  AROUND SUCH DWELLING, AND (D) ONE OR MORE OF SUCH ALTER-
 ATIONS WERE THE DIRECT OR INDIRECT CAUSE OF SUCH PHYSICAL INJURY; OR
   2.  BEING  THE OWNER OF THE DWELLING, HE OR SHE (A) ALTERED OR AUTHOR-
 IZED ALTERATION OF A DWELLING, (B) FAILED TO  OBTAIN  A  CERTIFICATE  OF
 OCCUPANCY PRIOR TO ALLOWING OCCUPATION OF SUCH ALTERED DWELLING PURSUANT
 TO  THE  BUILDING  CODE OR A LOCAL LAW OR REGULATION REQUIRING A CERTIF-
 ICATE OF OCCUPANCY PRIOR TO ITS USE OR OCCUPANCY, (C) SUCH DWELLING  WAS
 ILLEGALLY ALTERED WITH AUTHORIZATION OF THE OWNER, (D) A PERSON SUFFERED
 PHYSICAL INJURY IN OR AROUND SUCH MULTIPLE DWELLING, AND (E) ONE OR MORE
 OF  SUCH  ALTERATIONS WERE THE DIRECT OR INDIRECT CAUSE OF SUCH PHYSICAL
 INJURY.
   FAILURE TO OBTAIN A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY FOR  A
 DWELLING IN THE SECOND DEGREE IS A CLASS D FELONY.
 § 270.13 FAILURE TO OBTAIN A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY
            FOR A DWELLING IN THE FIRST DEGREE.
   A  PERSON  IS GUILTY OF FAILURE TO OBTAIN A BUILDING PERMIT OR CERTIF-
 ICATE OF OCCUPANCY FOR A DWELLING IN THE FIRST DEGREE WHEN:
   1. BEING THE OWNER OF THE DWELLING, HE OR SHE (A) FAILED TO  OBTAIN  A
 BUILDING  PERMIT  PURSUANT  TO THE BUILDING CODE OR A LOCAL LAW OR REGU-
 LATION REQUIRING PERMITS FOR ALTERATIONS PRIOR  TO  ENGAGING  IN  ALTER-
 ATIONS  TO  SUCH  DWELLING, (B) SUCH DWELLING WAS ILLEGALLY ALTERED WITH
 AUTHORIZATION OF THE OWNER, (C) A PERSON SUFFERED SERIOUS PHYSICAL INJU-
 RY IN OR AROUND SUCH DWELLING, AND (D)  ONE  OR  MORE  OF  SUCH  ILLEGAL
 ALTERATIONS  WERE  THE DIRECT OR INDIRECT CAUSE OF SUCH SERIOUS PHYSICAL
 INJURY; OR
   2. BEING THE OWNER OF THE DWELLING, HE OR SHE (A) ALTERED A  DWELLING,
 (B)  FAILED TO OBTAIN A CERTIFICATE OF OCCUPANCY PRIOR TO ALLOWING OCCU-
 PATION OF SUCH ALTERED DWELLING PURSUANT TO THE BUILDING CODE OR A LOCAL
 LAW OR REGULATION REQUIRING A CERTIFICATE OF OCCUPANCY PRIOR TO ITS  USE
 OR OCCUPANCY, (C) SUCH DWELLING WAS ILLEGALLY ALTERED WITH AUTHORIZATION
 OF THE OWNER, (D) A PERSON SUFFERED SERIOUS PHYSICAL INJURY IN OR AROUND
 SUCH  DWELLING, AND (E) ONE OR MORE OF SUCH ILLEGAL ALTERATIONS WERE THE
 DIRECT OR INDIRECT CAUSE OF SUCH SERIOUS PHYSICAL INJURY.
   FAILURE TO OBTAIN A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY FOR  A
 DWELLING IN THE FIRST DEGREE IS A CLASS C FELONY.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

2019-S3674A (ACTIVE) - Details

See Assembly Version of this Bill:: A7178
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Add §§270.11 - 270.13, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3239, A6041
2017-2018: S1864, A5528
2021-2022: S860, A6273
2023-2024: S340
2025-2026: S1313

2019-S3674A (ACTIVE) - Summary

Relates to failure to obtain an alteration permit or certificate of occupancy for a multiple dwelling; makes such crimes a felony.

2019-S3674A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3674A

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the penal law, in relation to failure
to obtain a building permit or certificate of occupancy for a dwelling

 
PURPOSE:

To increase public safety by increasing the penalties for failing to
obtain the proper permits or certificates prior to altering a multiple
dwelling or allowing an altered building to be inhabited.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends the Penal Law by adding three new
sections 270.11, 270.12 and 270.13 regarding illegal conversions of a
multiple dwelling. New section 270.11 provides definitions that will be
used for new sections 270.12 and 270.13. The terms defined in this
section are "altered" or "alteration," "dwelling," "illegally altered,"
"local law or regulation," and "multiple dwelling."

New section 270.12 establishes the offense of failure to obtain an
alteration permit or certificate of occupancy for a multiple dwelling in
the second degree. A person is guilty of this offense when he or she,
being the owner of the dwelling, failed to obtain an alteration permit
or certificate of occupancy, illegally altered the dwelling and a person
suffered physical injury in or around the dwelling due to the illegal
alterations. This offense is a class E felony.

New section 270.13 establishes the offense of failure to obtain an
alteration permit or certificate of occupancy for a multiple dwelling in
the first degree. A person is guilty of this offense when he or she,
being the owner of the dwelling, failed to obtain an alteration permit
or certificate of occupancy, illegally altered the dwelling and a person
suffered serious physical injury in or around the dwelling due to the
illegal alterations. This offense is a class D felony.

Section two of this bill provides that this act shall take effect on the
sixtieth day after it shall have become a law.

 
CURRENT LAW:

The Multiple Dwelling Law provides penalties in the form of fines and/or
imprisonment for violations of the alteration permit requirements and
the certificate of occupancy requirements.

 
JUSTIFICATION:

When a multiple dwelling is illegally altered, those alterations place
the public and our first responders at risk. The illegal alterations
could cause walls to fall or ignite more quickly. Additionally, they
could trap residents in the building.

On April 25, 2011, fire ripped through an illegally altered multiple
dwelling in the Bronx claiming the lives of a 12-year old boy and his
parents. Eight people, including four firefighters, were injured in the
fire. It took 106 firefighters an hour to get the blaze under control.
Prior to the fire, multiple complaints regarding the building had been
filed with the City's Buildings Department.
In February 2010, five men died in Brooklyn when the illegally converted
multiple dwelling in which they lived was set on fire. This fire, which
was a three alarm fire, was fought by 140 firefighters.  On November 10,
2014, the New York Times reported that prosecutors said that the blaze
could have been contained in one hour if it had been up to code. The
building's landlord, Vasilios Gerazounis, plead guilty to criminally
negligent homicide in conjunction with the fire.

Even though the City's Buildings Department is working to stop illegal
conversions in the City, buildings are illegally converted every day.
This bill would create a significant deterrent for those who may be
considering illegally altering a multiple dwelling. By increasing
current and creating new penalties for people who illegally convert
buildings, tragedies like those in the Bronx and Brooklyn may be
averted.

 
LEGISLATIVE HISTORY:

2018: S.1864 - Referred to Codes
2017: S.1864 - Passed the Senate
2016: S.3239-B - Passed the Senate
2015: S.3239-A - Passed the Senate

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2019-S3674A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3674--A
     Cal. No. 672
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed  to be committed to the Committee on Codes -- reported favora-
   bly from said committee, ordered to first and second  report,  ordered
   to a third reading, amended and ordered reprinted, retaining its place
   in the order of third reading

 AN ACT to amend the penal law, in relation to failure to obtain a build-
   ing permit or certificate of occupancy for a dwelling
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is  amended  by  adding  three  new  sections
 270.11, 270.12, and 270.13 to read as follows:
 § 270.11 DEFINITIONS.
   AS  USED  IN SECTIONS 270.12 AND 270.13 OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING DEFINITIONS.
   1. THE TERMS "ALTERED" AND "ALTERATION" SHALL MEAN ANY CHANGE  IN  THE
 STRUCTURAL  PARTS  OF  A  BUILDING OR ANY CHANGE THAT IMPEDES A PERSON'S
 EGRESS FROM A BUILDING DURING A FIRE OR EMERGENCY EVACUATION.
   2. THE TERM "DWELLING" SHALL MEAN ANY  ONE  TO  FOUR  FAMILY  DWELLING
 LOCATED  IN  A  CITY  WITH  A POPULATION OF ONE MILLION OR MORE WHICH IS
 OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE OR SLEEPING PLACE OF
 ONE OR MORE HUMAN BEINGS.
   3. THE TERM "ILLEGALLY ALTERED" SHALL MEAN A DWELLING WITH ALTERATIONS
 THAT VIOLATE THE BUILDING CODE, OR LOCAL LAW OR REGULATION.
   4. THE TERM "LOCAL LAW OR REGULATION" SHALL  MEAN  THE  ADMINISTRATIVE
 CODE  OF  THE  CITY  OF NEW YORK OR REGULATION THAT HAS BEEN PROMULGATED
 THEREUNDER.
 § 270.12 FAILURE TO OBTAIN A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY
            FOR A DWELLING IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF FAILURE TO OBTAIN A BUILDING PERMIT  OR  CERTIF-
 ICATE OF OCCUPANCY FOR A DWELLING IN THE SECOND DEGREE WHEN:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07695-02-9

 S. 3674--A                          2
 
   1.  BEING  THE OWNER OF THE DWELLING, HE OR SHE (A) FAILED TO OBTAIN A
 BUILDING PERMIT PURSUANT TO THE BUILDING CODE OR A LOCAL  LAW  OR  REGU-
 LATION REQUIRING PERMITS FOR ALTERATIONS PRIOR TO ENGAGING IN OR AUTHOR-
 IZING  ALTERATIONS  TO  SUCH  DWELLING,  (B) SUCH DWELLING WAS ILLEGALLY
 ALTERED  WITH AUTHORIZATION OF THE OWNER, (C) A PERSON SUFFERED PHYSICAL
 INJURY IN OR AROUND SUCH DWELLING, AND (D) ONE OR MORE  OF  SUCH  ALTER-
 ATIONS WERE THE DIRECT OR INDIRECT CAUSE OF SUCH PHYSICAL INJURY; OR
   2.  BEING  THE OWNER OF THE DWELLING, HE OR SHE (A) ALTERED OR AUTHOR-
 IZED ALTERATION OF A DWELLING, (B) FAILED TO  OBTAIN  A  CERTIFICATE  OF
 OCCUPANCY PRIOR TO ALLOWING OCCUPATION OF SUCH ALTERED DWELLING PURSUANT
 TO  THE  BUILDING  CODE OR A LOCAL LAW OR REGULATION REQUIRING A CERTIF-
 ICATE OF OCCUPANCY PRIOR TO ITS USE OR OCCUPANCY, (C) SUCH DWELLING  WAS
 ILLEGALLY ALTERED WITH AUTHORIZATION OF THE OWNER, (D) A PERSON SUFFERED
 PHYSICAL INJURY IN OR AROUND SUCH MULTIPLE DWELLING, AND (E) ONE OR MORE
 OF  SUCH  ALTERATIONS WERE THE DIRECT OR INDIRECT CAUSE OF SUCH PHYSICAL
 INJURY.
   FAILURE TO OBTAIN A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY FOR  A
 DWELLING IN THE SECOND DEGREE IS A CLASS E FELONY.
 § 270.13 FAILURE TO OBTAIN A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY
            FOR A DWELLING IN THE FIRST DEGREE.
   A  PERSON  IS GUILTY OF FAILURE TO OBTAIN A BUILDING PERMIT OR CERTIF-
 ICATE OF OCCUPANCY FOR A DWELLING IN THE FIRST DEGREE WHEN:
   1. BEING THE OWNER OF THE DWELLING, HE OR SHE (A) FAILED TO  OBTAIN  A
 BUILDING  PERMIT  PURSUANT  TO THE BUILDING CODE OR A LOCAL LAW OR REGU-
 LATION REQUIRING PERMITS FOR ALTERATIONS PRIOR  TO  ENGAGING  IN  ALTER-
 ATIONS  TO  SUCH  DWELLING, (B) SUCH DWELLING WAS ILLEGALLY ALTERED WITH
 AUTHORIZATION OF THE OWNER, (C) A PERSON SUFFERED SERIOUS PHYSICAL INJU-
 RY IN OR AROUND SUCH DWELLING, AND (D)  ONE  OR  MORE  OF  SUCH  ILLEGAL
 ALTERATIONS  WERE  THE DIRECT OR INDIRECT CAUSE OF SUCH SERIOUS PHYSICAL
 INJURY; OR
   2. BEING THE OWNER OF THE DWELLING, HE OR SHE (A) ALTERED A  DWELLING,
 (B)  FAILED TO OBTAIN A CERTIFICATE OF OCCUPANCY PRIOR TO ALLOWING OCCU-
 PATION OF SUCH ALTERED DWELLING PURSUANT TO THE BUILDING CODE OR A LOCAL
 LAW OR REGULATION REQUIRING A CERTIFICATE OF OCCUPANCY PRIOR TO ITS  USE
 OR OCCUPANCY, (C) SUCH DWELLING WAS ILLEGALLY ALTERED WITH AUTHORIZATION
 OF THE OWNER, (D) A PERSON SUFFERED SERIOUS PHYSICAL INJURY IN OR AROUND
 SUCH  DWELLING, AND (E) ONE OR MORE OF SUCH ILLEGAL ALTERATIONS WERE THE
 DIRECT OR INDIRECT CAUSE OF SUCH SERIOUS PHYSICAL INJURY.
   FAILURE TO OBTAIN A BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY FOR  A
 DWELLING IN THE FIRST DEGREE IS A CLASS D FELONY.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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