NY State Senate Bill 2023-S6413

Senate Bill S6413

2023-2024 Legislative Session

Requires fire-resistant material applicators to undergo training and register with the office of fire prevention and control

download bill text pdf

Current Bill Status - Stricken

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
May 06, 2024	recommit, enacting clause stricken
Jan 03, 2024	referred to finance
Apr 18, 2023	referred to finance

2023-S6413 (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Amd §155-a, add §159-b, Exec L

2023-S6413 (ACTIVE) - Summary

Requires fire-resistant material applicators to undergo training and register with the office of fire prevention and control; imposes fines for violations.

2023-S6413 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6413

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the executive law, in relation to fire-resistant materi-
al applicator training and registration

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would mandate that fire-resistant material applicators shall
undergo training to apply fire-resistant material according to manufac-
turer specifications and annually register with the office of fire
prevention and control and shall be issued a certificate affirming their
certification. Any person applying this material who is not trained,
registered, and in possession of a certificate shall be fined not more
than two hundred fifty dollars per violation.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 defines "fire-resistant material" and "fire-resistant material
applicator"

Section 2 requires that fire-resistant material applicators undergo
training to apply fire-resistant material according to manufacturer
specifications, shall register annually with the office of fire
prevention and control, and shall be issued a certificate upon registra-
tion, and sets fines for violations of these requirements.

Section 3 establishes the effective date.

 
JUSTIFICATION:

Building fires can burn at 1,000 degrees Fahrenheit in under five
minutes. Modern fireproofing materials are a proven and effective method
of protecting structural steel in the event of a fire. When properly
applied, fireproofing materials can provide critically-important extra
time for firefighters to safely evacuate a building and get a fire under
control. By requiring certification for the application of these materi-
als, we will give firefighters and the general public further assurance
that the buildings that are in have the necessary, modern protections to
the structural steel at the core of the building.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This law shall take effect immediately after it shall become a law.

2023-S6413 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6413
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, in relation to fire-resistant materi-
   al applicator training and registration
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 155-a of the executive law is amended by adding two
 new subdivisions 6 and 7 to read as follows:
   6.  "FIRE-RESISTANT MATERIAL" SHALL MEAN CEMENTITIOUS OR FIBROUS MATE-
 RIALS  THAT  ARE  SPRAYED  ONTO  A  SURFACE  TO  PROVIDE  FIRE-RESISTANT
 PROTECTION OF THE SUBSTRATE.
   7.  "FIRE-RESISTANT  MATERIAL APPLICATOR" SHALL MEAN AN INDIVIDUAL WHO
 APPLIES FIRE-RESISTANT MATERIAL.
   § 2. The executive law is amended by adding a  new  section  159-b  to
 read as follows:
   §  159-B. FIRE-RESISTANT MATERIAL APPLICATORS; REGISTRATION; FINES. 1.
 (A) EVERY FIRE-RESISTANT MATERIAL APPLICATOR SHALL:
   (I) UNDERGO TRAINING TO APPLY  FIRE-RESISTANT  MATERIAL  ACCORDING  TO
 MANUFACTURER SPECIFICATIONS; AND
   (II) ANNUALLY REGISTER WITH THE OFFICE OF FIRE PREVENTION AND CONTROL.
   (B) WHEN A FIRE-RESISTANT MATERIAL APPLICATOR SATISFACTORILY COMPLETES
 TRAINING AND REGISTERS AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION,
 THE STATE FIRE ADMINISTRATOR SHALL ISSUE A CERTIFICATE WHICH STATES THAT
 SUCH APPLICATOR IS CERTIFIED TO APPLY FIRE-RESISTANT MATERIAL.
   2.  ANY  PERSON  APPLYING FIRE-RESISTANT MATERIAL WHO DOES NOT RECEIVE
 THE TRAINING, REGISTER, AND OBTAIN A CERTIFICATE AS REQUIRED BY SUBDIVI-
 SION ONE OF THIS SECTION SHALL BE FINED NOT MORE THAN TWO HUNDRED  FIFTY
 DOLLARS FOR EACH VIOLATION.
   3.  THE OFFICE OF FIRE PREVENTION AND CONTROL SHALL DEVELOP A TRAINING
 PROGRAM AND REGISTRATION PROCEDURE FOR FIRE-RESISTANT MATERIAL  APPLICA-
 TORS PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10059-01-3

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