S T A T E   O F   N E W   Y O R K
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                                    132
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. GOTTFRIED, COLTON -- Multi-Sponsored by -- M. of
   A. CARROLL, COOK, CYMBROWITZ, GLICK -- read once and referred  to  the
   Committee on Cities
 
 AN  ACT  to amend the general city law, in relation to the applicability
   of local codes in cities with a population  of  one  million  or  more
   inhabitants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "Graffagni-
 no and Beddia law".
   § 2. The general city law is amended by adding a new section  20-h  to
 read as follows:
   §  20-H.  APPLICABILITY  OF LOCAL CODES IN CITIES WITH A POPULATION OF
 ONE MILLION OR MORE INHABITANTS. 1.   NOTWITHSTANDING ANY  PROVISION  OF
 GENERAL,  SPECIAL  OR  LOCAL LAW TO THE CONTRARY, IN CITIES WITH A POPU-
 LATION OF ONE MILLION OR MORE INHABITANTS ALL BUILDINGS  AND  STRUCTURES
 OWNED, LEASED OR OPERATED BY THE STATE OF NEW YORK OR A STATE AGENCY, AS
 THAT  TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-TWO OF THE EXECU-
 TIVE LAW, THAT ARE NOT OTHERWISE REQUIRED TO COMPLY  WITH  THE  REQUIRE-
 MENTS  OF  TITLE  TWENTY-EIGHT OF THE ADMINISTRATIVE CODE OF THE CITY OF
 NEW YORK AND THE  RULES  AND  REGULATIONS  PROMULGATED  THEREUNDER  (DOB
 CODES)  OR  TITLE  TWENTY-NINE OF THE ADMINISTRATIVE CODE OF THE CITY OF
 NEW YORK AND THE RULES  AND  REGULATIONS  PROMULGATED  THEREUNDER  (FDNY
 CODES),  SHALL  BE UNDER THE JURISDICTION OF THE DEPARTMENT OF BUILDINGS
 OF SUCH CITY AND THE FIRE DEPARTMENT OF SUCH CITY AND SHALL BE DESIGNED,
 CONSTRUCTED, OPERATED AND MAINTAINED, TO THE EXTENT SPECIFIED IN  SUBDI-
 VISIONS  TWO, THREE AND FOUR OF THIS SECTION, IN COMPLIANCE WITH THE DOB
 CODES AND THE FDNY CODES. THE AGENCIES OF SUCH CITY RESPONSIBLE FOR  THE
 ENFORCEMENT  OF SUCH LAWS, RULES AND REGULATIONS ARE HEREBY EMPOWERED TO
 CONDUCT ALL INSPECTIONS AUTHORIZED BY SUCH LAWS, RULES  AND  REGULATIONS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00178-01-1

 A. 132                              2
 
 AND  ENFORCE SUCH LAWS, RULES AND REGULATIONS AGAINST ALL SUCH BUILDINGS
 AND STRUCTURES IN THE SAME MANNER AND TO THE SAME EXTENT AS  THEY  WOULD
 CONDUCT INSPECTIONS AND ENFORCE SUCH LAWS, RULES AND REGULATIONS AGAINST
 OTHER BUILDINGS AND STRUCTURES UNDER THEIR JURISDICTION.
   2.  NEW BUILDINGS AND STRUCTURES. ALL BUILDINGS AND STRUCTURES COVERED
 BY THIS SECTION AND NEWLY CONSTRUCTED AFTER THE EFFECTIVE DATE  OF  THIS
 SECTION  SHALL  COMPLY  WITH  THE REQUIREMENTS OF THE DOB CODES AND FDNY
 CODES. CERTIFICATES OF OCCUPANCY ISSUED TO SUCH BUILDINGS AND STRUCTURES
 SHALL BE LIMITED TO THE DURATION OF OWNERSHIP BY THE STATE OF  NEW  YORK
 OR  STATE  AGENCY UNLESS COMPLIANCE WITH THE ZONING RESOLUTION OF A CITY
 OF ONE MILLION OR MORE INHABITANTS IS ALSO DEMONSTRATED.
   3. EXISTING BUILDINGS AND STRUCTURES. EXISTING  BUILDINGS  AND  STRUC-
 TURES ARE THOSE CONSTRUCTED BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   (A) CONTINUATION OF LAWFUL USE AND OCCUPANCY. THE LAWFUL USE AND OCCU-
 PANCY  OF  AN  EXISTING  BUILDING  OR STRUCTURE MAY BE CONTINUED FOR THE
 DURATION OF THE OWNERSHIP, LEASE OR OPERATION BY THE STATE OF  NEW  YORK
 OR  STATE  AGENCY  PROVIDED  SUCH  BUILDING OR STRUCTURE IS OPERATED AND
 MAINTAINED IN ACCORDANCE WITH THE REQUIREMENTS OF THE FDNY  CODES.  SUCH
 LAWFUL  USE AND OCCUPANCY MAY BE CONTINUED UNLESS EITHER THE BUILDING OR
 STRUCTURE IS ALTERED, IN WHICH CASE ALL ALTERATIONS TO SUCH BUILDING  OR
 STRUCTURE  SHALL  BE  SUBJECT TO THE PROVISIONS OF THE DOB CODES AND THE
 FDNY CODES.
   (B) CERTIFICATE OF OCCUPANCY. EXISTING BUILDINGS AND STRUCTURES  SHALL
 NOT  REQUIRE  A  CERTIFICATE  OF OCCUPANCY ISSUED BY THE COMMISSIONER OF
 BUILDINGS OF A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS
 UNLESS AND UNTIL AN ALTERATION REQUIRING A NEW CERTIFICATE OF  OCCUPANCY
 AS  PER THE DOB CODES IS MADE. THE COMMISSIONER OF BUILDINGS MAY REQUIRE
 THE BUILDING OR STRUCTURE TO BE PROVIDED WITH ADEQUATE MEANS  OF  EGRESS
 OR  FIRE  PROTECTION  AS  NECESSARY FOR THE SAFETY OF OCCUPANTS PRIOR TO
 ISSUING A CERTIFICATE OF OCCUPANCY. THE  COMMISSIONER  OF  BUILDINGS  OF
 SUCH  CITY  MAY  RESTRICT  THE  CERTIFICATE  OF OCCUPANCY ISSUED TO SUCH
 BUILDING OR STRUCTURE TO THE DURATION OF OWNERSHIP BY THE STATE  OF  NEW
 YORK  OR STATE AGENCY WHERE THE BUILDING OR STRUCTURE, ALTHOUGH LAWFULLY
 CONSTRUCTED AND ALTERED, IS NOT SHOWN TO HAVE COMPLIED WITH THE BUILDING
 AND ZONING LAWS AND RULES IN EFFECT FOR BUILDINGS WITHIN SUCH CITY  WHEN
 THE BUILDING OR STRUCTURE WAS ERECTED, AND, WHERE APPLICABLE, ALTERED.
   (C)  PLACES  OF  ASSEMBLY. (1) FOR ANY EXISTING PLACE OF ASSEMBLY THAT
 DOES NOT HAVE A CERTIFICATE OF OPERATION ISSUED BY THE  COMMISSIONER  OF
 BUILDINGS  OF  A  CITY WITH A POPULATION OF ONE MILLION OR MORE INHABIT-
 ANTS, A PROPOSED SEATING  ARRANGEMENT  PLAN  SHALL  BE  FILED  WITH  AND
 APPROVED  BY THE DEPARTMENT OF BUILDINGS AND THE FIRE DEPARTMENT OF SUCH
 CITY BEFORE ANY CHANGE IS MADE  TO  EITHER:  (A)  THE  EXISTING  SEATING
 ARRANGEMENT;  (B)  TYPE  OF  SEATING;  OR (C) INTERIOR LAYOUT; PROVIDED,
 HOWEVER, THAT IN REVIEWING THE SEATING ARRANGEMENT PLAN, THE  DEPARTMENT
 OF  BUILDINGS AND THE FIRE DEPARTMENT SHALL NOT APPROVE HAZARDOUS CONDI-
 TIONS OR CONFIGURATIONS. SUCH CHANGES  SHALL  NOT  REQUIRE  A  PLACE  OF
 ASSEMBLY CERTIFICATE OF OPERATION EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH
 TWO OF THIS PARAGRAPH.
   (2)  EXISTING PLACES OF ASSEMBLY SHALL NOT REQUIRE A PLACE OF ASSEMBLY
 CERTIFICATE OF OPERATION, PROVIDED, HOWEVER, THAT  UPON  ISSUANCE  OF  A
 CERTIFICATE  OF  OCCUPANCY FOR THE BUILDING OR STRUCTURE CONTAINING SUCH
 PLACE OF ASSEMBLY, A PLACE OF ASSEMBLY CERTIFICATE OF OPERATION SHALL BE
 OBTAINED WITHIN THREE MONTHS THEREAFTER. UPON  SATISFACTORY  APPLICATION
 BY  THE  STATE OF NEW YORK OR STATE AGENCY ACCORDING TO THE REQUIREMENTS
 AND PROCEDURES OF A CITY WITH A POPULATION OF ONE MILLION OR MORE INHAB-
 ITANTS, THE COMMISSIONER OF BUILDINGS OF SUCH CITY SHALL ISSUE A CERTIF-

 A. 132                              3
 
 ICATE OF OPERATION TO ANY SUCH EXISTING PLACE OF ASSEMBLY,  PROVIDED  IT
 SUBSTANTIALLY  COMPLIES  WITH  THE DOB CODES' REQUIREMENTS PERTAINING TO
 MEANS OF EGRESS AND FIRE PROTECTION.
   (D) MAINTENANCE. EXISTING BUILDINGS AND STRUCTURES SHALL BE SUBJECT TO
 THE  MAINTENANCE  REQUIREMENTS  OF THE DOB CODES, INCLUDING ANY REQUIRED
 PERIODIC INSPECTIONS AND REPORTS. HOWEVER,  NO  REPORTS  OR  SUBMISSIONS
 SHALL BE REQUIRED OF THE STATE OF NEW YORK OR A STATE AGENCY RESPONSIBLE
 FOR  THE  OPERATION  AND  CONTROL  OF SUCH BUILDINGS OR STRUCTURES ON OR
 BEFORE JULY THIRTY-FIRST, TWO THOUSAND TWENTY-TWO.
   (E) RETROACTIVE REQUIREMENTS. EXISTING BUILDINGS AND STRUCTURES  SHALL
 BE  SUBJECT  TO  ALL  RETROACTIVE REQUIREMENTS IN THE 1968 NEW YORK CITY
 BUILDING CODE AND THE DOB CODES PERTAINING TO FIRE PROTECTION  AND  LIFE
 SAFETY,  WHETHER  OR  NOT  THE  DEADLINE  TO COMPLY WITH SUCH PROVISIONS
 PRECEDED THE EFFECTIVE DATE OF THIS SECTION. IN BUILDINGS OR  STRUCTURES
 WHERE  THE  DEADLINE  PRECEDED  THE EFFECTIVE DATE OF THIS SECTION, SUCH
 BUILDINGS AND STRUCTURES SHALL HAVE THREE YEARS TO COME INTO COMPLIANCE.
 WHERE THE DEADLINE HAS NOT YET PASSED, EXISTING BUILDINGS AND STRUCTURES
 SHALL HAVE AS MUCH TIME TO COME INTO COMPLIANCE AS EACH SUCH RETROACTIVE
 REQUIREMENT ORIGINALLY AFFORDED EXISTING BUILDINGS WHEN IT BECAME EFFEC-
 TIVE.
   4. DEPARTMENT OF LABOR COOPERATION WITH  DEPARTMENT  OF  ENVIRONMENTAL
 PROTECTION  OF  A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABIT-
 ANTS.  THE COMMISSIONER OF LABOR AND THE COMMISSIONER  OF  ENVIRONMENTAL
 PROTECTION  OF  A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABIT-
 ANTS SHALL COOPERATE IN PROVIDING NOTIFICATION OF, AND SHARING  RELEVANT
 INFORMATION ABOUT ASBESTOS ABATEMENT PROJECTS IN SUCH CITY AT ALL BUILD-
 INGS  AND  STRUCTURES OWNED, LEASED OR OPERATED BY THE STATE OF NEW YORK
 OR A STATE AGENCY, AS THAT TERM IS  DEFINED  IN  SECTION  THREE  HUNDRED
 SEVENTY-TWO  OF  THE  EXECUTIVE  LAW,  AND  SHALL OTHERWISE COOPERATE AS
 NECESSARY, IN ORDER TO FURTHER ENHANCE THE SAFETY OF SUCH PROJECTS.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.