S T A T E O F N E W Y O R K
________________________________________________________________________
7300--B
Cal. No. 396
I N S E N A T E
January 16, 2020
___________
Introduced by Sens. SKOUFIS, BIAGGI, KAVANAGH, RIVERA -- read twice and
ordered printed, and when printed to be committed to the Committee on
Housing, Construction and Community Development -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- reported favorably from said committee and
committed to the Committee on Rules -- ordered to a third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the executive law, in relation to conducting investi-
gations into the administration and enforcement of the New York state
uniform fire prevention and building code and the New York state ener-
gy conservation construction code
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 3 and 4 of section 381 of the executive law,
as added by chapter 707 of the laws of 1981, are amended to read as
follows:
3. A. On and after the first day of July, nineteen hundred eighty-
five, the secretary shall have power to investigate and conduct hearings
relative to whether administration and enforcement of the uniform fire
prevention and building code complies with the minimum standards promul-
gated pursuant to subdivision one of this section. At least ten days
written notice of any such hearing shall be provided to the elective or
appointive chief executive officer or, if there be none, the chairman of
the legislative body of the local government or county whose adminis-
tration and enforcement of the uniform code is at issue.
B. IF THE SECRETARY RECEIVES FROM ANY COUNTY, OFFICIAL NOTICE, IN THE
FORM OF A RESOLUTION, APPROVED BY A MAJORITY VOTE BY THE COUNTY LEGISLA-
TURE, BOARD OF SUPERVISORS, OR BOARD OF LEGISLATURES AND THEN APPROVED
BY THE COUNTY EXECUTIVE, WHERE THE COUNTY HAS A COUNTY EXECUTIVE, WHICH
EXPLAINS THE BASIS OF THE REQUEST, THAT A LOCAL GOVERNMENT WITHIN THE
COUNTY IS NOT PROVIDING ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM
FIRE PREVENTION AND BUILDING CODE THAT COMPLIES WITH THE MINIMUM STAND-
ARDS PROMULGATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE SECRE-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14489-09-0
S. 7300--B 2
TARY SHALL INVESTIGATE AND MAY CONDUCT HEARINGS IN ACCORDANCE WITH THE
PROVISIONS OF THIS SUBDIVISION. THE SECRETARY SHALL NOT BEGIN AN INVES-
TIGATION INTO A LOCAL GOVERNMENT UNDER THIS PARAGRAPH UNLESS THE LOCAL
GOVERNMENT RECEIVED A COPY OF THE OFFICIAL NOTICE AND HAS HAD ONE MONTH
TO RESPOND TO THE OFFICIAL NOTICE AND SUBMIT SUCH RESPONSE TO THE SECRE-
TARY.
4. If the secretary determines that a local government has failed to
administer and enforce the uniform fire prevention and building code in
accordance with the minimum standards promulgated pursuant to subdivi-
sion one of this section, the secretary shall take any of the following
actions, either individually or in combination in any sequence:
a. The secretary may issue an order compelling compliance by such
local government with the standards for administration and enforcement
of the uniform code.
b. The secretary may ask the attorney general to institute in the name
of the secretary an action or proceeding seeking appropriate legal or
equitable relief to require such local government to administer and
enforce the uniform code.
c. [the] THE secretary may designate the county in which such local
government is located to administer and enforce the uniform code in such
local government. In the case of such designation, the provisions of
subdivision five of this section shall apply.
d. The secretary may, in the place and stead of the local government,
administer and enforce the uniform code in accordance with the minimum
standards promulgated pursuant to subdivision one of this section. In
such event, the provisions of subdivision five of this section shall
apply.
E. IF THE SECRETARY FINDS THAT THE LOCAL GOVERNMENT IS INCAPABLE OF OR
UNWILLING TO ADMINISTER AND ENFORCE THE UNIFORM CODE PURSUANT TO THE
MINIMUM STANDARDS AND THE SECRETARY'S INVESTIGATION OF SUCH LOCAL
GOVERNMENT WAS INITIATED BY AN OFFICIAL NOTICE FROM THE COUNTY IN WHICH
SUCH LOCAL GOVERNMENT IS LOCATED, AND IF THE COUNTY HAS REQUESTED THAT
THE SECRETARY DESIGNATE THE COUNTY TO ADMINISTER AND ENFORCE THE UNIFORM
CODE IN SUCH LOCAL GOVERNMENT, THE SECRETARY SHALL DESIGNATE THE COUNTY
IN WHICH SUCH LOCAL GOVERNMENT IS LOCATED TO ADMINISTER AND ENFORCE THE
UNIFORM CODE IN SUCH LOCAL GOVERNMENT UNLESS THE SECRETARY FINDS THAT
THE COUNTY WOULD BE INCAPABLE OF ASSUMING THE RESPONSIBILITIES.
§ 2. Subdivision 5 of section 381 of the executive law is amended by
adding a new paragraph e to read as follows:
E. AFTER AT LEAST EIGHTEEN MONTHS FROM SUCH DESIGNATION, THE LOCAL
GOVERNMENT MAY PETITION THE SECRETARY TO REASSUME AUTHORITY FOR UNIFORM
FIRE PREVENTION AND BUILDING CODE ENFORCEMENT. TO REASSUME AUTHORITY FOR
UNIFORM FIRE PREVENTION AND BUILDING CODE ENFORCEMENT, THE LOCAL GOVERN-
MENT SHALL DEMONSTRATE TO THE SATISFACTION OF THE SECRETARY THAT THE
CONDITIONS WHICH LED TO ITS PRIOR FAILURE TO PROVIDE ADMINISTRATION AND
ENFORCEMENT OF THE UNIFORM FIRE PREVENTION AND BUILDING CODE THAT
COMPLIES WITH THE MINIMUM STANDARDS PROMULGATED PURSUANT TO SUBDIVISION
ONE OF THIS SECTION ARE NO LONGER PRESENT AND THAT IT WILL BE ABLE TO
PROPERLY ADMINISTER AND ENFORCE THE CODE.
§ 3. This act shall take effect immediately.
