NY State Senate Bill 2025-S4535

Senate Bill S4535

2025-2026 Legislative Session

Relates to conducting investigations into the administration and enforcement of the New York state uniform fire prevention and building code and the New York state energy conservation construction code

download bill text pdf

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 06, 2025	referred to housing, construction and community development

co-Sponsors

View additional co-sponsors

2025-S4535 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Executive Law
Laws Affected:: Amd §381, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7300
2021-2022: S1830
2023-2024: S3354

2025-S4535 (ACTIVE) - Summary

2025-S4535 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4535

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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 energy
conservation construction code

 
PURPOSE:

To protect the health and well-being of New Yorkers by giving the Secre-
tary of State new tools to deal with situations when a local government
fails to meet the minimum standards for enforcing and administering the
building and fire prevention code.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 381 of the executive law to:

1. Require that if a county provides official notice to the Secretary of

State that a municipality within a county is not providing adminis-
tration and enforcement of the uniform fire prevention and building code
that complies with the minimum standards. The Secretary shall investi-
gate and may conduct hearings in accordance with existing provisions
that allow the Secretary to investigate and conduct hearings into
alleged failure of local code enforcement.

2. Require the Secretary to transfer responsibility for administering
and enforcing the uniform fire prevention code from a local government
to the county in which that government is located. If the secretary's
investigation finds that the local government is not failing to meet the
minimum standards for enforcement and administration, the county has
requested the authority to enforce and administer the code, and the
Secretary has not found that the county would be unable to assume the
responsibility.

Section 2: Amends section 381 of the Executive Law to set forth a proc-
ess by which a local government has the authority to administer and
enforce the uniform fire prevention and building code and may petition
the secretary to have its authority restored.

Section 3: Sets effective date.

 
JUSTIFICATION:

According to Executive Law § 381, if the Secretary of State determines
that a local government is not meeting the minimum standards required,
the Secretary of State can designate the county in which a local govern-
ment is located to carry out the responsibility of administering and
enforcing the Uniform Code for buildings within the local government's
jurisdiction. In 2019, the Senate Investigations & Government Operations
Committee thoroughly investigated the state building and fire prevention
code enforcement. Throughout the investigation, the investigative team
received calls from counties across New York State, requesting that
local governments within their jurisdiction be investigated; such
requests highlight the need for additional oversight by local govern-
ments. Executive Law § 381 should be amended to accommodate such
requests. Specifically, counties should be empowered to petition the
Secretary of State to remove the authority of local governments to
administer and enforce the Uniform Code and empower the county to
perform the code enforcement responsibilities.

 
LEGISLATIVE HISTORY:

Senate

2019: N/A

2020: S7300B, Passed Senate

2021: S1830, Passed Senate

2022: S1830, Passed Senate

2023: S3354, Passed Senate

2024: S3354, Passed Senate

Assembly

2019: N/A

2020: A9631B, Amend and Recommit to Governmental Operations

2021: A392, Referred to Governmental Operations

2022: A392, Referred to Governmental Operations

2023: No Assembly Same-As

2024: No Assembly Same-As

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S4535 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4535
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2025
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  ADDABBO,  HARCKHAM,  JACKSON, KAVANAGH,
   RIVERA, SEPULVEDA, WEBB, WEBER -- 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 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]
 CHAIR  of  the  legislative body of the local government or county whose
 administration 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-
 TARY SHALL INVESTIGATE AND MAY CONDUCT HEARINGS IN ACCORDANCE  WITH  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08465-01-5

 S. 4535                             2
 
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.