S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4938
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 1, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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 expanding remedies for
   violations of New York state 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. Section 382 of the executive law, as added by  chapter  707
 of the laws of 1981, subdivision 2 as amended by chapter 135 of the laws
 of 1997, is amended to read as follows:
   § 382. Remedies.  1. In addition to and not in limitation of any power
 otherwise granted by law, every  local  government  and  its  authorized
 agents  shall  have  the  power to order in writing the remedying of any
 condition found to exist in, on or about any building  in  violation  of
 the  uniform  fire  prevention and building code and to issue appearance
 tickets for violations of the uniform code.
   2. Any person, having been served, either personally or by  registered
 or  certified  mail, with an order to remedy any condition, OTHER THAN A
 CONDITION THAT IS DEEMED AN IMMINENT THREAT TO THE SAFETY AND WELFARE OF
 THE BUILDING'S OCCUPANTS, 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  secre-
 tary  made thereunder regarding standards for construction, maintenance,
 or fire protection equipment and systems, shall be punishable by a  fine
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01593-01-9

 S. 4938                             2
 
 of not more than one thousand dollars per day of violation, or imprison-
 ment not exceeding one year, or both.
   3.  ANY PERSON, HAVING BEEN SERVED, EITHER PERSONALLY OR BY REGISTERED
 OR CERTIFIED MAIL, WITH AN ORDER TO REMEDY A CONDITION THAT IS AN  IMMI-
 NENT  THREAT  TO  THE  SAFETY AND WELFARE OF THE BUILDING'S OCCUPANTS AS
 DETERMINED BY THE LOCAL GOVERNMENT AND ITS AUTHORIZED AGENTS,  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 NO
 LESS THAN ONE THOUSAND DOLLARS AND NO MORE THAN  FIVE  THOUSAND  DOLLARS
 PER  DAY  OF  VIOLATION OR IMPRISONMENT NOT EXCEEDING ONE YEAR, OR BOTH,
 FOR THE FIRST OCCURRENCE OF A VIOLATION FOR ANY BUILDING OWNED  BY  SUCH
 PERSON.  A  PERSON'S  SECOND  VIOLATION RELATED TO ANY PROPERTY OWNED BY
 SUCH PERSON FOR A CONDITION THAT IS DEEMED AN  IMMINENT  THREAT  TO  THE
 SAFETY AND WELFARE OF THE BUILDING'S OCCUPANTS, SHALL BE PUNISHABLE BY A
 FINE  NO  LESS  THAN FIVE THOUSAND DOLLARS AND NO MORE THAN TEN THOUSAND
 DOLLARS PER DAY OF VIOLATION OR IMPRISONMENT NOT EXCEEDING ONE YEAR,  OR
 BOTH.  A  PERSON'S THIRD VIOLATION RELATED TO ANY PROPERTY OWNED BY SUCH
 PERSON FOR A CONDITION THAT IS DEEMED AN IMMINENT THREAT TO  THE  SAFETY
 AND  WELFARE  OF THE BUILDING'S OCCUPANTS, SHALL BE PUNISHABLE BY A FINE
 NO LESS THAN TEN THOUSAND DOLLARS PER DAY OF VIOLATION  OR  IMPRISONMENT
 NOT EXCEEDING ONE YEAR, OR BOTH.
   4.  Where the construction or use of a building is in violation of any
 provision of the uniform code or any lawful order obtained thereunder, a
 justice of the supreme court at a special term in the judicial  district
 in  which the building is located, may order the removal of the building
 or an abatement of the condition in violation  of  such  provisions.  An
 application for such relief may be made by the secretary, an appropriate
 municipal officer, or any other person aggrieved by the violation.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.