LBD04713-02-4
S. 3372--A 2
3. "Areas of public assembly" means all buildings or portions of
buildings used for gathering together fifty or more persons for amuse-
ment, athletic, civic, dining, educational, entertainment, patriotic,
political, recreational, religious, social, or similar purposes, the
entire fire area of which they are a part, and the means of egress ther-
efrom.
[3.] 4. "Building" means a combination of any materials, whether port-
able or fixed, having a roof, to form a structure affording shelter for
persons, animals or property. The word "building" shall be construed
when used herein as though followed by the words "or part or parts ther-
eof" unless the context clearly requires a different meaning. The term
"building" shall also mean "factory manufactured home" and "mobile
home". The term "building" shall not include a "temporary greenhouse".
[4.] 5. "Construction" means the construction, reconstruction, alter-
ation, conversion, repair, installation of equipment or use of build-
ings, and requirements or standards relating to or affecting materials
used in connection therewith, including provisions for safety and sani-
tary conditions.
[5.] 6. "Council" means the state fire prevention and building code
council created by this article.
[6.] 7. "DEFAULT CODE ENFORCEMENT PROGRAM" MEANS THE CODE ENFORCEMENT
PROGRAM ESTABLISHED BY THE RULES AND REGULATIONS PROMULGATED PURSUANT TO
SUBDIVISION SEVEN OF SECTION THREE HUNDRED EIGHTY-ONE OF THIS ARTICLE.
8. "Department" means the department of state.
[7.] 9. "Equipment" means plumbing, heating, electrical, ventilating,
air conditioning, refrigerating equipment, elevators, dumb waiters,
escalators and other mechanical additions or installations.
[8.] 10. "Factory manufactured home" means a structure designed prima-
rily for residential occupancy constructed by a method or system of
construction whereby the structure or its components are wholly or in
substantial part manufactured in manufacturing facilities, intended or
designed for permanent installation, or assembly and permanent installa-
tion, on a building site.
[9.] 11. "Fire area" means the floor area of a story of a building
within exterior walls, party walls, fire walls, or any combination ther-
eof.
[10.] 12. "Fire protection equipment and systems" means apparatus,
assemblies, or systems, either portable or fixed, for use to detect,
prevent, control, or extinguish fire.
[11.] 13. "Local government" means a village, town (outside the area
of any incorporated village) or city.
[12.] 14. "Means of egress" means a continuous unobstructed way of
exit from any point in a building or structure to a public way. A means
of egress comprises the vertical and horizontal ways of travel and
includes intervening room spaces, doorways, hallways, corridors,
passageways, balconies, ramps, stairs, enclosures, lobbies, escalators,
horizontal exits, courts, and yards.
[13.] 15. "Mobile home" means a moveable or portable unit designed and
constructed to be towed on its own chassis, comprised of frame and
wheels, connected to utilities, and designed and constructed without a
permanent foundation for year-round living. A unit may contain parts
that may be folded, collapsed or telescoped when being towed and
expanded later to provide additional cubic capacity as well as two or
more separately towable components designed to be joined into one inte-
gral unit capable of being again separated into the components for
S. 3372--A 3
repeated towing. "Mobile home" shall mean units designed to be used
exclusively for residential purposes, excluding travel trailers.
[14.] 16. "Office" means the office of fire prevention and control
created pursuant to article six-C of this chapter.
[15.] 17. "PERMIT OR CERTIFICATE OF OCCUPANCY PROVISION" SHALL MEAN
ANY PROVISION IN THE APPLICABLE CODE ENFORCEMENT PROGRAM THAT: (A)
PROHIBITS PERFORMANCE OF ANY WORK THAT MUST CONFORM WITH THE UNIFORM
CODE AND/OR STATE ENERGY CODE UNLESS A BUILDING PERMIT, CONSTRUCTION
PERMIT, DEMOLITION PERMIT, OR SIMILAR PERMIT HAS BEEN ISSUED, HAS NOT
BEEN SUSPENDED OR REVOKED, AND HAS NOT EXPIRED; (B) PROHIBITS THE
CONTINUATION OF WORK AFTER A STOP WORK ORDER HAS BEEN ISSUED; (C)
PROHIBITS THE CONDUCT OF ANY ACTIVITY OR THE USE OF ANY CATEGORY OF
BUILDING SPECIFIED IN THE RULES AND REGULATIONS PROMULGATED PURSUANT TO
SUBDIVISION ONE OF SECTION THREE HUNDRED EIGHTY-ONE OF THIS ARTICLE
UNLESS AN OPERATING PERMIT HAS BEEN ISSUED, HAS NOT BEEN SUSPENDED OR
REVOKED, AND HAS NOT EXPIRED; OR (D) PROHIBITS THE USE OR OCCUPANCY OF A
BUILDING OR THE CHANGE OF ANY USE OR OCCUPANCY OF A BUILDING UNLESS A
CERTIFICATE OF OCCUPANCY, CERTIFICATE OF COMPLETION, OR SIMILAR CERTIF-
ICATE HAS BEEN ISSUED, HAS NOT BEEN SUSPENDED OR REVOKED, AND HAS NOT
EXPIRED.
18. "REQUIRED FEATURES" MEANS THE FEATURES REQUIRED BY THE RULES AND
REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION ONE OF SECTION THREE
HUNDRED EIGHTY-ONE OF THIS ARTICLE TO BE INCLUDED IN A CODE ENFORCEMENT
PROGRAM.
19. "Secretary" means the secretary of state.
[16.] 20. "SECRETARY'S CODE ENFORCEMENT PROGRAM" MEANS THOSE RULES AND
REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION ONE OF SECTION THREE
HUNDRED EIGHTY-ONE OF THIS ARTICLE THAT ARE APPLICABLE IN SITUATIONS IN
WHICH THE SECRETARY ADMINISTERS AND ENFORCES THE UNIFORM CODE IN THE
PLACE AND STEAD OF THE LOCAL GOVERNMENT OR COUNTY.
21. "State agency" means any department, bureau, commission, board,
public authority or other agency of the state, including any public
benefit corporation any member of whose board is appointed by the gover-
nor.
[17.] 22. "Temporary greenhouse" means specialized agricultural equip-
ment having a framework covered with demountable polyurethane materials
or materials of polyurethane nature and lacking a permanent and contin-
uous foundation, which is specifically designed, constructed and used
for the culture and propagation of horticultural commodities. A "tempo-
rary greenhouse" may include, but is not limited to, the use of heating
devices, water and electrical utilities, and supporting poles embedded
in non-continuous concrete. In no instance will a temporary greenhouse
be used for the retail sale of any farm or non-farm products.
[18. "Uniform code" or "code" means the New York state uniform fire
prevention and building code promulgated pursuant to section three
hundred seventy-seven of this article.
19.] 23. "Truss type construction" means a fabricated structure of
wood or steel, made up of a series of members connected at their ends to
form a series of triangles to span a distance greater than would be
possible with any of the individual members on their own.
24. "UNIFORM CODE" OR "CODE" MEANS THE NEW YORK STATE UNIFORM FIRE
PREVENTION AND BUILDING CODE PROMULGATED PURSUANT TO SECTION THREE
HUNDRED SEVENTY-SEVEN OF THIS ARTICLE.
§ 2. Subdivisions 2, 3, 4 and 5 of section 381 of the executive law,
subdivision 2 as amended by chapter 560 of the laws of 2010 and subdivi-
sions 3, 4 and 5 as added by chapter 707 of the laws of 1981, are
S. 3372--A 4
amended, subdivision 6 is renumbered subdivision 8 and two new subdivi-
sions 6 and 7 are added to read as follows:
2. Except as may be provided in regulations of the secretary pursuant
to subdivision one of this section, AND SUBJECT TO THE PROVISIONS RELAT-
ING TO CITIES WITH A POPULATION OF OVER ONE MILLION AS SET FORTH IN
PARAGRAPH C OF SUBDIVISION ONE OF SECTION THREE HUNDRED EIGHTY-THREE OF
THIS ARTICLE, every local government shall administer and enforce the
uniform fire prevention and building code and the state energy conserva-
tion construction code on and after the first day of January, nineteen
hundred eighty-four, provided, however, that a local government may
enact a local law prior to the first day of July in any year providing
that it will not enforce such codes on and after the first day of [Janu-
ary] APRIL next succeeding. In such event the county in which said local
government is situated shall administer and enforce such codes within
such local government from and after the first day of [January] APRIL
next succeeding the effective date of such local law, in accordance with
the provisions of paragraph b of subdivision five of this section unless
the county shall have PREVIOUSLY enacted a local law providing that it
will not enforce such codes within that county. In such event the secre-
tary in the place and stead of the local government shall, directly or
by [contract] USING THE SERVICES OF ANY CONTRACTORS OR OTHER THIRD-PARTY
PROVIDERS AS THE SECRETARY MAY DEEM TO BE QUALIFIED, administer and
enforce the uniform code and the state energy conservation construction
code WITHIN SUCH LOCAL GOVERNMENT ON AND AFTER THE FIRST DAY OF APRIL
NEXT SUCCEEDING. A COUNTY THAT IS RESPONSIBLE FOR ADMINISTERING AND
ENFORCING SUCH CODES WITHIN A LOCAL GOVERNMENT PURSUANT TO THE FOREGOING
PROVISIONS OF THIS SUBDIVISION MAY ENACT A LOCAL LAW PRIOR TO THE FIRST
DAY OF OCTOBER IN ANY YEAR PROVIDING THAT IT WILL NOT ENFORCE SUCH CODES
WITHIN SUCH LOCAL GOVERNMENT ON AND AFTER THE FIRST DAY OF APRIL NEXT
SUCCEEDING. IN SUCH EVENT, THE SECRETARY, IN THE PLACE AND STEAD OF SUCH
LOCAL GOVERNMENT, SHALL, DIRECTLY OR BY USING THE SERVICES OF ANY
CONTRACTORS OR OTHER THIRD-PARTY PROVIDERS AS THE SECRETARY MAY DEEM TO
BE QUALIFIED, ADMINISTER AND ENFORCE SUCH CODES IN SUCH LOCAL GOVERNMENT
FROM AND AFTER THE FIRST DAY OF APRIL NEXT SUCCEEDING. A LOCAL GOVERN-
MENT THAT ADOPTS A LOCAL LAW PROVIDING THAT IT WILL NOT ENFORCE SUCH
CODES ON AND AFTER THE FIRST DAY OF APRIL NEXT SUCCEEDING SHALL PROMPTLY
NOTIFY THE COUNTY IN WHICH SUCH LOCAL GOVERNMENT IS LOCATED AND THE
SECRETARY OF THE ADOPTION OF SUCH LOCAL LAW. A COUNTY THAT ADOPTS A
LOCAL LAW PROVIDING THAT IT WILL NOT ENFORCE SUCH CODES ON AND AFTER THE
FIRST DAY OF APRIL NEXT SUCCEEDING SHALL PROMPTLY NOTIFY EACH LOCAL
GOVERNMENT IN WHICH SUCH COUNTY IS ADMINISTERING AND ENFORCING SUCH
CODES AND THE SECRETARY OF THE ADOPTION OF SUCH LOCAL LAW. A local
government or a county may repeal a local law which provides that it
will not enforce such codes and shall thereafter administer and enforce
such codes as provided above. Two or more local governments may provide
for joint administration and enforcement of the uniform code, the state
energy conservation construction code, or both, by agreement pursuant to
article five-G of the general municipal law. Any local government may
enter into agreement with the county in which such local government is
situated to administer and enforce the uniform code, the state energy
conservation construction code, or both, within such local government.
Local governments or counties THAT ADMINISTER AND ENFORCE THE UNIFORM
CODE, THE STATE ENERGY CONSERVATION CONSTRUCTION CODE, OR BOTH, may
charge AND COLLECT fees to defray the costs of administration and
enforcement. WHERE THE SECRETARY IS RESPONSIBLE FOR ADMINISTRATION AND
ENFORCEMENT OF THE UNIFORM CODE AND STATE ENERGY CONSERVATION
S. 3372--A 5
CONSTRUCTION CODE WITHIN A LOCAL GOVERNMENT PURSUANT TO THIS SUBDIVISION
OR PURSUANT TO PARAGRAPH E OF SUBDIVISION FOUR OF THIS SECTION, (A) THE
SECRETARY SHALL ADMINISTER AND ENFORCE THE CODES IN ACCORDANCE WITH THE
PROVISIONS OF THE SECRETARY'S CODE ENFORCEMENT PROGRAM; (B) SUCH RULES
AND REGULATIONS SHALL BE DEEMED TO BE THE APPLICABLE CODE ENFORCEMENT
PROGRAM FOR THE PURPOSES OF SECTION THREE HUNDRED EIGHTY-TWO OF THIS
ARTICLE; AND (C) THE SECRETARY MAY CHARGE AND COLLECT FEES TO DEFRAY THE
COSTS OF ADMINISTRATION AND ENFORCEMENT.
3. 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 AND THE STATE ENERGY CONSERVATION
CONSTRUCTION CODE complies with the minimum standards promulgated pursu-
ant to subdivision one of this section. IN CONNECTION WITH ANY SUCH
INVESTIGATION, THE SECRETARY SHALL HAVE THE POWER TO ISSUE SUBPOENAS
COMPELLING THE TESTIMONY OF WITNESSES, THE PRODUCTION OF DOCUMENTS, OR
BOTH, AND THE POWER, AT THE SECRETARY'S DISCRETION, TO CONDUCT ONE OR
MORE HEARINGS. 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 administration and enforcement of the uniform
code AND STATE ENERGY CONSERVATION CONSTRUCTION CODE is at issue.
4. If the secretary determines that a local government has failed to
administer and enforce the uniform fire prevention and building code
AND/OR THE STATE ENERGY CONSERVATION CONSTRUCTION CODE in accordance
with the minimum standards promulgated pursuant to subdivision 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 MINIMUM standards [for administration and
enforcement of the uniform code] PROMULGATED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION.
b. THE SECRETARY MAY APPOINT AND REMOVE ANY PERSON DEEMED QUALIFIED BY
THE SECRETARY AS AN OVERSIGHT OFFICER, WHO SHALL HAVE THE POWER AND
AUTHORITY TO DO ANY OF THE FOLLOWING, AT THE DISCRETION OF THE OVERSIGHT
OFFICER:
(I) OBSERVE, REVIEW RECORDS AND REPORT ON COMPLIANCE BY SUCH LOCAL
GOVERNMENT WITH THE MINIMUM STANDARDS PROMULGATED PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION;
(II) DIRECT ALL OR ANY PART OF THE CODE ENFORCEMENT ACTIVITIES OF THE
LOCAL GOVERNMENT'S CODE ENFORCEMENT PERSONNEL; AND
(III) TAKE ANY OTHER STEPS DEEMED BY THE OVERSIGHT OFFICER TO BE
NECESSARY OR APPROPRIATE TO ENSURE THAT THE UNIFORM CODE AND STATE ENER-
GY CONSERVATION CONSTRUCTION CODE ARE ADMINISTERED AND ENFORCED WITHIN
SUCH LOCAL GOVERNMENT IN A DUE AND PROPER MANNER AND IN COMPLIANCE WITH
THE MINIMUM STANDARDS PROMULGATED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION. ANY PERSON WHO IS APPOINTED AS AN OVERSIGHT OFFICER PURSUANT
TO THIS PARAGRAPH SHALL BE DEEMED TO BE A STATE OFFICER UNDER SECTION
TWO OF THE PUBLIC OFFICERS LAW.
C. 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 AND STATE ENERGY CONSERVATION CONSTRUCTION CODE
IN A DUE AND PROPER MANNER AND IN COMPLIANCE WITH THE MINIMUM STANDARDS
PROMULGATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, INCLUDING BUT
NOT LIMITED TO REQUIRING SUCH LOCAL GOVERNMENT TO TAKE SPECIFIC REMEDIAL
S. 3372--A 6
ACTIONS, SUCH AS ESTABLISHING AND ENFORCING AN EFFECTIVE CODE ENFORCE-
MENT PROGRAM, CONDUCTING FIRE SAFETY AND PROPERTY MAINTENANCE
INSPECTIONS, INCREASING THE FREQUENCY OF FIRE SAFETY AND PROPERTY MAIN-
TENANCE INSPECTIONS, AND TAKING ENFORCEMENT ACTIONS THAT ARE TIMELY AND
RESPONSIVE TO CIRCUMSTANCES ASSOCIATED WITH THE PROPERTY IN QUESTION
WHEN VIOLATIONS ARE IDENTIFIED.
[c. the] D. THE secretary may designate the county in which such local
government is located, OR ANY OTHER LOCAL GOVERNMENT THAT ADJOINS OR IS
REASONABLY PROXIMATE TO SUCH LOCAL GOVERNMENT, to administer and enforce
the uniform code AND STATE ENERGY CONSERVATION CONSTRUCTION CODE in such
local government. DESIGNATION OF AN ADJOINING OR REASONABLY PROXIMATE
LOCAL GOVERNMENT SHALL BE SUBJECT TO THE CONSENT OF THE SUPERVISOR OR
MAYOR, AS APPLICABLE, OF SUCH LOCAL GOVERNMENT. In the case of such
designation, the provisions of subdivision five of this section shall
apply.
[d.] E. The secretary may, in the place and stead of the local govern-
ment, DIRECTLY OR BY USING THE SERVICES OF ANY CONTRACTORS OR OTHER
THIRD-PARTY PROVIDERS AS THE SECRETARY MAY DEEM TO BE QUALIFIED, admin-
ister and enforce the uniform code AND STATE ENERGY CONSERVATION
CONSTRUCTION CODE IN SUCH LOCAL GOVERNMENT in accordance with the [mini-
mum standards promulgated pursuant to subdivision one of this section]
SECRETARY'S CODE ENFORCEMENT PROGRAM. In such event, the provisions of
subdivision five of this section shall apply.
F. THE SECRETARY MAY DESIGNATE THE COUNTY IN WHICH SUCH LOCAL GOVERN-
MENT IS LOCATED, ANY OTHER LOCAL GOVERNMENT THAT ADJOINS OR IS REASON-
ABLY PROXIMATE TO SUCH LOCAL GOVERNMENT, OR THE DEPARTMENT OF STATE TO
PERFORM WITHIN SUCH LOCAL GOVERNMENT SUCH TYPES AND CLASSES OF CODE
ENFORCEMENT ACTIVITIES, SUCH AS PERMIT APPLICATION REVIEW AND APPROVAL,
CONSTRUCTION INSPECTIONS, AND FIRE SAFETY AND PROPERTY MAINTENANCE
INSPECTIONS, AS THE SECRETARY MAY SPECIFY. DESIGNATION OF AN ADJOINING
OR REASONABLY PROXIMATE LOCAL GOVERNMENT SHALL BE SUBJECT TO THE CONSENT
OF THE SUPERVISOR OR MAYOR, AS APPLICABLE, OF SUCH LOCAL GOVERNMENT. IN
THE CASE OF SUCH DESIGNATION, THE PROVISIONS OF SUBDIVISION SIX OF THIS
SECTION SHALL APPLY.
G. THE SECRETARY MAY ORDER A LOCAL GOVERNMENT TO CEASE PROSECUTION OF
VIOLATIONS OF THE UNIFORM CODE AND ORDER THAT SUCH VIOLATIONS BE PROSE-
CUTED PURSUANT TO SECTION SEVEN HUNDRED OF THE COUNTY LAW.
5. Where the secretary has designated a county OR ADJOINING OR REASON-
ABLY PROXIMATE LOCAL GOVERNMENT to administer and enforce the uniform
fire prevention and building code AND STATE ENERGY CONSERVATION
CONSTRUCTION CODE within a local government PURSUANT TO PARAGRAPH D OF
SUBDIVISION FOUR OF THIS SECTION, or has assumed authority for adminis-
tration and enforcement OF THE UNIFORM FIRE PREVENTION AND BUILDING CODE
AND STATE ENERGY CONSERVATION CONSTRUCTION CODE WITHIN A LOCAL GOVERN-
MENT pursuant to [subdivision two or] paragraph [d] E of subdivision
four of this section:
a. [Such] THE local government [or county government] THAT IS NOT
ADMINISTERING OR ENFORCING THE UNIFORM CODE AND STATE ENERGY CONSERVA-
TION CONSTRUCTION CODE IN ACCORDANCE WITH MINIMUM STANDARDS shall not
administer and enforce the uniform code OR STATE ENERGY CONSERVATION
CONSTRUCTION CODE, and shall not charge or collect fees for such admin-
istration and enforcement.
b. [Such] THE DESIGNATED county OR LOCAL GOVERNMENT OR THE SECRETARY
shall administer and enforce the uniform code within [such] THE local
government WHOSE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE AND
STATE ENERGY CONSERVATION CONSTRUCTION CODE HAS NOT MET THE MINIMUM
S. 3372--A 7
STANDARDS from and after the date of such designation OR ASSUMPTION.
Such administration and enforcement shall apply the minimum standards
promulgated by the secretary pursuant to subdivision one of this
section. Notwithstanding any other provisions of law, such DESIGNATED
county OR LOCAL GOVERNMENT OR THE SECRETARY shall have full power to
administer and enforce the uniform code [in accordance with such] AND
STATE ENERGY CONSERVATION CONSTRUCTION CODE IN THE LOCAL GOVERNMENT
WHOSE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE AND STATE ENER-
GY CONSERVATION CONSTRUCTION CODE HAS NOT MET THE minimum standards,
including the power to charge and collect fees for such administration
and enforcement.
c. The secretary shall designate the local government [or county
government] WHOSE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE AND
STATE ENERGY CONSERVATION CONSTRUCTION CODE DID NOT MEET THE MINIMUM
STANDARDS to resume administration and enforcement of the uniform code
when the secretary is satisfied that such local government [or county]
will provide such administration and enforcement in compliance with the
minimum standards promulgated pursuant to subdivision one of this
section.
d. The provisions of subdivisions three and four of this section shall
apply to counties [which have been designated to administer and enforce
the uniform code in such local government] THAT ARE RESPONSIBLE FOR
ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE AND STATE ENERGY
CONSERVATION CONSTRUCTION CODE WITHIN A LOCAL GOVERNMENT PURSUANT TO
SUBDIVISION TWO OF THIS SECTION, TO COUNTIES THAT HAVE BEEN DESIGNATED
TO ADMINISTER AND ENFORCE THE UNIFORM CODE AND STATE ENERGY CONSERVATION
CONSTRUCTION CODE WITHIN A LOCAL GOVERNMENT PURSUANT TO PARAGRAPH D OF
SUBDIVISION FOUR OF THIS SECTION, AND TO LOCAL GOVERNMENTS THAT HAVE
BEEN DESIGNATED TO ADMINISTER AND ENFORCE THE UNIFORM CODE AND STATE
ENERGY CONSERVATION CONSTRUCTION CODE WITHIN ANOTHER LOCAL GOVERNMENT
PURSUANT TO PARAGRAPH D OF SUBDIVISION FOUR OF THIS SECTION. WHERE THE
PROVISIONS OF SUBDIVISIONS THREE AND FOUR OF THIS SECTION ARE APPLICABLE
TO A COUNTY, REFERENCES IN THOSE SUBDIVISIONS TO A LOCAL GOVERNMENT
WHOSE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE AND STATE ENER-
GY CONSERVATION CONSTRUCTION CODE HAVE BEEN DETERMINED BY THE SECRETARY
TO HAVE NOT MET THE MINIMUM STANDARDS SHALL BE CONSTRUED AS REFERENCES
TO SUCH COUNTY.
6. WHERE THE SECRETARY HAS DESIGNATED A COUNTY, ANOTHER LOCAL GOVERN-
MENT, OR THE DEPARTMENT TO PERFORM SPECIFIED TYPES AND CLASSES OF CODE
ENFORCEMENT ACTIVITIES WITHIN A LOCAL GOVERNMENT PURSUANT TO PARAGRAPH F
OF SUBDIVISION FOUR OF THIS SECTION:
A. THE LOCAL GOVERNMENT WHOSE ADMINISTRATION AND ENFORCEMENT OF THE
UNIFORM CODE AND STATE ENERGY CONSERVATION CONSTRUCTION CODE HAS NOT MET
THE MINIMUM STANDARDS SHALL NOT PERFORM THE TYPES AND CLASSES OF CODE
ENFORCEMENT ACTIVITIES SPECIFIED IN SUCH DESIGNATION AND SHALL ACCEPT
PERFORMANCE OF SUCH TYPES AND CLASSES OF CODE ENFORCEMENT ACTIVITIES BY
THE DESIGNEE;
B. THE LOCAL GOVERNMENT WHOSE ADMINISTRATION AND ENFORCEMENT OF THE
UNIFORM CODE AND STATE ENERGY CONSERVATION CONSTRUCTION CODE HAS NOT MET
THE MINIMUM STANDARDS SHALL REIMBURSE THE DESIGNEE FOR ANY REASONABLE
COSTS AND EXPENSES INCURRED BY THE DESIGNEE IN PERFORMING THE DESIGNATED
TYPES AND CLASSES OF CODE ENFORCEMENT ACTIVITIES; AND
C. THE SECRETARY SHALL DESIGNATE THE LOCAL GOVERNMENT WHOSE ADMINIS-
TRATION AND ENFORCEMENT OF THE UNIFORM CODE AND STATE ENERGY CONSERVA-
TION CONSTRUCTION CODE HAS NOT MET THE MINIMUM STANDARDS TO RESUME
PERFORMANCE OF THE DESIGNATED TYPES AND CLASSES OF CODE ENFORCEMENT
S. 3372--A 8
ACTIVITIES WHEN THE SECRETARY IS SATISFIED THAT SUCH LOCAL GOVERNMENT
WILL PERFORM SUCH ACTIVITIES IN A DUE AND PROPER MANNER AND WILL OTHER-
WISE PROVIDE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE AND
STATE ENERGY CONSERVATION CONSTRUCTION CODE IN COMPLIANCE WITH THE MINI-
MUM STANDARDS PROMULGATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
7. A. THE SECRETARY IS AUTHORIZED TO PROMULGATE, AND TO AMEND FROM
TIME TO TIME, RULES AND REGULATIONS ESTABLISHING A DEFAULT CODE ENFORCE-
MENT PROGRAM. SUCH DEFAULT CODE ENFORCEMENT PROGRAM SHALL INCLUDE
PROVISIONS ESTABLISHING THE REQUIRED FEATURES AND SUCH OTHER PROVISIONS
AS THE SECRETARY MAY DEEM TO BE APPROPRIATE FOR INCLUSION IN A CODE
ENFORCEMENT PROGRAM. SUCH DEFAULT CODE ENFORCEMENT PROGRAM SHALL ALSO
ESTABLISH FEES TO BE CHARGED BY ANY LOCAL GOVERNMENT OR COUNTY THAT
ADMINISTERS AND ENFORCES THE UNIFORM CODE AND/OR ENERGY CODE IN ACCORD-
ANCE WITH THE PROVISIONS OF THE DEFAULT CODE ENFORCEMENT PROGRAM.
B. ANY LOCAL GOVERNMENT OR COUNTY RESPONSIBLE FOR ADMINISTRATION AND
ENFORCEMENT OF THE UNIFORM CODE AND/OR STATE ENERGY CODE WITHIN A LOCAL
GOVERNMENT THAT HAS NOT ESTABLISHED ITS OWN CODE ENFORCEMENT PROGRAM
SHALL ADMINISTER AND ENFORCE THE UNIFORM CODE AND/OR ENERGY CODE IN
ACCORDANCE WITH THE PROVISIONS OF THE DEFAULT CODE ENFORCEMENT PROGRAM.
C. ANY LOCAL GOVERNMENT OR COUNTY THAT ADMINISTERS AND ENFORCES THE
UNIFORM CODE AND/OR ENERGY CODE IN ACCORDANCE WITH THE PROVISIONS OF THE
DEFAULT CODE ENFORCEMENT PROGRAM PURSUANT TO PARAGRAPH B OF THIS SUBDI-
VISION SHALL, THROUGH ITS CHIEF EXECUTIVE OFFICER, HAVE FULL POWER AND
AUTHORITY TO DESIGNATE THE PUBLIC OFFICER OR AGENCY AUTHORIZED TO ISSUE
AN APPEARANCE TICKET, AND A PUBLIC OFFICER WHO, BY VIRTUE OF OFFICE,
TITLE OR POSITION, IS AUTHORIZED OR REQUIRED TO ENFORCE THE PROVISIONS
OF THE UNIFORM CODE AND THE STATE ENERGY CONSERVATION CONSTRUCTION CODE
AND THE PROVISIONS OF THE DEFAULT CODE ENFORCEMENT PROGRAM AS FULLY AND
WITH THE SAME FORCE AND EFFECT AS SUCH LOCAL GOVERNMENT OR COUNTY WOULD
HAVE TO ENFORCE PROVISIONS ESTABLISHED BY A LOCAL LAW, ORDINANCE, OR
REGULATION ENACTED OR ADOPTED BY SUCH LOCAL GOVERNMENT OR COUNTY. THE
DESIGNATION AUTHORIZED BY THIS PARAGRAPH SHALL NOT TAKE EFFECT UNTIL IT
HAS BEEN FILED WITH THE DEPARTMENT OF STATE, AND MUST BE MAINTAINED ON
THE WEBSITE OF SUCH LOCAL GOVERNMENT OR COUNTY UNLESS AND UNTIL SUCH
LOCAL GOVERNMENT OR COUNTY PASSES A LOCAL LAW DELEGATING THE ENFORCEMENT
AUTHORITY REFERENCED IN THIS PARAGRAPH.
D. WHERE A LOCAL GOVERNMENT OR COUNTY IS ADMINISTERING AND ENFORCING
THE UNIFORM CODE AND/OR ENERGY CODE IN ACCORDANCE WITH THE PROVISIONS OF
THE DEFAULT CODE ENFORCEMENT PROGRAM PURSUANT TO PARAGRAPH B OF THIS
SUBDIVISION, THE DEFAULT CODE ENFORCEMENT PROGRAM SHALL BE DEEMED THE
APPLICABLE CODE ENFORCEMENT PROGRAM FOR THE PURPOSES OF SECTION THREE
HUNDRED EIGHTY-TWO OF THIS ARTICLE.
§ 3. Section 382 of the executive law, as added by chapter 707 of the
laws of 1981, subdivision 2 as amended by chapter 571 of the laws of
2021, subdivision 3 as amended by chapter 507 of the laws of 2021 and
subdivision 4 as amended by chapter 47 of the laws of 2021, 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. FAILURE TO COMPLY WITH THE UNIFORM FIRE PREVENTION AND BUILDING
CODE, PERMIT OR CERTIFICATE OF OCCUPANCY PROVISION OF THE CODE ENFORCE-
MENT PROGRAM, OR ORDER. Any person OR ENTITY, having been served, either
S. 3372--A 9
personally or by registered or certified mail, with an order to remedy
any condition 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 promul-
gated 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, subcon-
tractor, construction superintendent or their agents or any other person
taking part or assisting in the construction of any building who shall
knowingly violate (I) any of the applicable provisions of the uniform
code, (II) ANY PERMIT OR CERTIFICATE OF OCCUPANCY PROVISION OF THE
APPLICABLE CODE ENFORCEMENT PROGRAM, or (III) any lawful order of a
local government, a county or the secretary made [thereunder] UNDER THE
UNIFORM CODE OR UNDER THE APPLICABLE CODE ENFORCEMENT PROGRAM regarding
standards for construction, maintenance, or fire protection equipment
and systems, shall be punishable by a fine of not more than one thousand
dollars per day of violation, or imprisonment not exceeding one year, or
both for the first one hundred eighty days, and for the following one
hundred eighty days shall be punishable by a fine of no less than twen-
ty-five dollars and not more than one thousand dollars per day of
violation or imprisonment not exceeding one year, or both and thereafter
shall be punishable by a fine of no less than fifty dollars and not more
than one thousand dollars per day of violation or imprisonment not
exceeding one year, or both.
3. Where the construction or use of a building is in violation of (I)
any provision of the uniform code [or any lawful order obtained there-
under], (II) ANY PERMIT OR CERTIFICATE OF OCCUPANCY PROVISION OF THE
APPLICABLE CODE ENFORCEMENT PROGRAM, OR (III) ANY PROVISION OF ANY
LAWFUL ORDER MADE UNDER THIS ARTICLE, UNDER THE UNIFORM CODE, OR UNDER
THE APPLICABLE CODE ENFORCEMENT PROGRAM, a justice of the supreme court,
New York city civil court, a city court, district court or county court
may order the removal of the building or an abatement of the condition
in violation of such provisions. WHERE A PERSON OR ENTITY, HAVING BEEN
SERVED WITH ANY LAWFUL ORDER MADE UNDER THIS ARTICLE, UNDER THE UNIFORM
CODE, OR UNDER THE APPLICABLE CODE ENFORCEMENT PROGRAM, SHALL FAIL TO
COMPLY WITH SUCH ORDER, A JUSTICE OF THE SUPREME COURT, NEW YORK CITY
CIVIL COURT, A CITY COURT, DISTRICT COURT OR COUNTY COURT MAY ORDER
COMPLIANCE WITH SUCH ORDER. An application for such relief may be made
by the secretary, an appropriate municipal officer, or any other person
aggrieved by the violation.
4. In addition to any other applicable remedy or penalty, where a
building has been altered in violation of any provision of the uniform
code or any lawful order obtained [thereunder] UNDER THIS ARTICLE, UNDER
THE UNIFORM CODE, OR UNDER THE APPLICABLE CODE ENFORCEMENT PROGRAM, and
such alteration impedes a person's egress from such building during a
fire or other emergency evacuation, the owner of such building, and any
builder, architect, contractor, subcontractor or construction super-
intendent, or agent thereof who has knowledge of such alteration, or
owner who reasonably should have had knowledge of such alteration based
on either an inspection or repair of a leased premises with consent from
the tenant, shall be subject to a civil penalty of up to seven thousand
five hundred dollars.
5. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL FINES IMPOSED
AND COLLECTED FOR ANY VIOLATION OF THIS SECTION SHALL BE PAID AT LEAST
MONTHLY INTO THE TREASURY OF THE LOCAL GOVERNMENT IN WHICH SUCH
VIOLATION OCCURRED, UNLESS: (I) THE COUNTY IS ADMINISTERING AND ENFORC-
S. 3372--A 10
ING THE UNIFORM FIRE PREVENTION AND BUILDING CODE AND STATE ENERGY
CONSERVATION CONSTRUCTION CODE IN SUCH LOCAL GOVERNMENT AS PROVIDED BY
SUBDIVISION TWO OR FOUR OF SECTION THREE HUNDRED EIGHTY-ONE OF THIS
ARTICLE, IN WHICH CASE SUCH FINES AND PENALTIES COLLECTED IN CASES ARIS-
ING OUT OF THE VIOLATION OF THIS SECTION SHALL BE PAID AT LEAST MONTHLY
INTO THE TREASURY OF THE COUNTY, (II) AN ADJOINING OR REASONABLY PROXI-
MATE LOCAL GOVERNMENT IS ADMINISTERING AND ENFORCING THE UNIFORM FIRE
PREVENTION AND BUILDING CODE AND STATE ENERGY CONSERVATION CONSTRUCTION
CODE IN SUCH LOCAL GOVERNMENT AS PROVIDED BY SUBDIVISION FOUR OF SECTION
THREE HUNDRED EIGHTY-ONE OF THIS ARTICLE, IN WHICH CASE SUCH FINES AND
PENALTIES COLLECTED IN CASES ARISING OUT OF THE VIOLATION OF THIS
SECTION SHALL BE PAID AT LEAST MONTHLY INTO THE TREASURY OF SUCH ADJOIN-
ING OR REASONABLY PROXIMATE LOCAL GOVERNMENT, OR (III) THE SECRETARY IS
ADMINISTERING AND ENFORCING THE UNIFORM FIRE PREVENTION AND BUILDING
CODE AND STATE ENERGY CONSERVATION CONSTRUCTION CODE IN SUCH LOCAL
GOVERNMENT AS PROVIDED BY SUBDIVISION TWO OR FOUR OF SECTION THREE
HUNDRED EIGHTY-ONE OF THIS ARTICLE, IN WHICH CASE SUCH FINES AND PENAL-
TIES COLLECTED IN CASES ARISING OUT OF THE VIOLATION OF THIS SECTION
SHALL BE PAID AT LEAST MONTHLY INTO THE GENERAL FUND ESTABLISHED BY
SECTION SEVENTY-TWO OF THE STATE FINANCE LAW. WHERE TWO OR MORE LOCAL
GOVERNMENTS HAVE PROVIDED FOR JOINT ADMINISTRATION AND ENFORCEMENT OF
THE UNIFORM CODE, THE STATE ENERGY CONSERVATION CONSTRUCTION CODE, OR
BOTH, BY AGREEMENT PURSUANT TO ARTICLE FIVE-G OF THE GENERAL MUNICIPAL
LAW, SUCH LOCAL GOVERNMENTS MAY PROVIDE IN SUCH AGREEMENT FOR A DIFFER-
ENT DISTRIBUTION OF SUCH FINES.
(B) THE CIVIL PENALTIES PROVIDED IN SUBDIVISION FOUR OF THIS SECTION
MAY BE RECOVERED IN AN APPROPRIATE ACTION OR PROCEEDING COMMENCED BY THE
LOCAL GOVERNMENT, COUNTY, OR STATE AGENCY RESPONSIBLE FOR ADMINISTRATION
AND ENFORCEMENT OF THE UNIFORM CODE WITH RESPECT TO THE BUILDING THAT
WAS ALTERED IN VIOLATION OF ANY PROVISION OF THE UNIFORM CODE OR ANY
LAWFUL ORDER OBTAINED UNDER THIS ARTICLE, UNDER THE UNIFORM CODE, OR
UNDER THE APPLICABLE CODE ENFORCEMENT PROGRAM, AND SHALL BE PAYABLE TO
THE TREASURY OF SUCH LOCAL GOVERNMENT, THE TREASURY OF SUCH COUNTY, OR
THE GENERAL FUND OF THE STATE OF NEW YORK, AS APPLICABLE.
§ 4. Subdivision 15 of section 11-102 of the energy law, as amended by
chapter 560 of the laws of 2010 and renumbered by chapter 374 of the
laws of 2022, is amended to read as follows:
15. "Residential building." Any building which is designed or is to be
used primarily as a dwelling or household as defined by the state fire
prevention and building code council, including any factory manufactured
home as defined in subdivision [eight] TEN of section three hundred
seventy-two of the executive law and any mobile home as defined in
subdivision [thirteen] FIFTEEN of section three hundred seventy-two of
the executive law.
§ 5. This act shall take effect immediately.
