Bill Text: NY A01869 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires notice to be given to the fire department with jurisdiction over a residential building where construction will utilize truss type, pre-engineered wood, or timber construction.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Passed) 2014-09-17 - signed chap.353 [A01869 Detail]

Download: New_York-2013-A01869-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1869--C
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A.  SCHIMEL, WEISENBERG, HOOPER, JAFFEE, CURRAN,
         MONTESANO, COOK, ENGLEBRIGHT -- Multi-Sponsored by -- M. of  A.  GOTT-
         FRIED,  THIELE  --  read once and referred to the Committee on Govern-
         mental Operations  --  committee  discharged,  bill  amended,  ordered
         reprinted  as amended and recommitted to said committee -- recommitted
         to the Committee on Governmental Operations in accordance with  Assem-
         bly  Rule  3,  sec.  2  -- committee discharged, bill amended, ordered
         reprinted as amended  and  recommitted  to  said  committee  --  again
         reported  from  said  committee  with amendments, ordered reprinted as
         amended and recommitted to said committee
       AN ACT to amend the executive law, in relation  to  notice  requirements
         and  enforcement  for residential buildings with truss type, pre-engi-
         neered wood or timber construction
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The executive law is amended by adding a new section 382-b
    2  to read as follows:
    3    S 382-B.  RESIDENTIAL BUILDINGS WITH TRUSS TYPE,  PRE-ENGINEERED  WOOD
    4  OR TIMBER CONSTRUCTION; NOTICE REQUIREMENTS.  1. A. ANY PERSON UTILIZING
    5  TRUSS  TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION FOR THE ERECTION
    6  OF ANY NEW RESIDENTIAL STRUCTURE, FOR ANY ADDITION TO AN EXISTING  RESI-
    7  DENTIAL  STRUCTURE, OR FOR ANY REHABILITATION OF AN EXISTING RESIDENTIAL
    8  STRUCTURE, SHALL, UPON APPLICATION FOR A BUILDING PERMIT WITH THE  LOCAL
    9  GOVERNMENT  HAVING  JURISDICTION, INCLUDE ON THE PERMIT APPLICATION THAT
   10  TRUSS  TYPE,  PRE-ENGINEERED  WOOD  OR  TIMBER  CONSTRUCTION  IS   BEING
   11  UTILIZED.
   12    B.  THE  PROPERTY  OWNER  OR THE PROPERTY OWNER'S REPRESENTATIVE SHALL
   13  COMPLETE A FORM PRESCRIBED BY THE COUNCIL DESIGNATING THE  STRUCTURE  AS
   14  TRUSS  TYPE,  PRE-ENGINEERED  WOOD  OR TIMBER CONSTRUCTION AND FILE SUCH
   15  FORM WITH THE APPLICATION FOR A BUILDING PERMIT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03234-07-4
       A. 1869--C                          2
    1    C. UPON RECEIVING THE APPLICATION FOR A BUILDING  PERMIT  AND  A  FORM
    2  DESIGNATING  THE  STRUCTURE AS TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER
    3  CONSTRUCTION, THE LOCAL GOVERNMENT HAVING JURISDICTION SHALL  NOTIFY  BY
    4  CERTIFIED  MAIL,  FACSIMILE, E-MAIL OR OTHER ELECTRONIC MEANS, THE CHIEF
    5  OF  THE  FIRE DISTRICT, FIRE DEPARTMENT OR FIRE COMPANY HAVING JURISDIC-
    6  TION OVER THE STRUCTURE TO BE ERECTED, ADDED TO, OR MODIFIED, OR HIS  OR
    7  HER   DESIGNEE,   THAT   TRUSS   TYPE,  PRE-ENGINEERED  WOOD  OR  TIMBER
    8  CONSTRUCTION IS BEING UTILIZED.
    9    D. AS A CONDITION OF THE FINAL RECEIPT OF A CERTIFICATE  OF  OCCUPANCY
   10  OR  CERTIFICATE OF COMPLETION, A SIGN OR SYMBOL DESIGNED AND APPROVED BY
   11  THE COUNCIL SHALL BE AFFIXED TO ANY ELECTRIC BOX ATTACHED TO THE EXTERI-
   12  OR OF THE STRUCTURE, IF ONE EXISTS.
   13    E. THE PROPERTY OWNER OR HIS OR HER REPRESENTATIVE SHALL BE  RESPONSI-
   14  BLE  FOR MAINTAINING THE SIGN OR SYMBOL ON THE ELECTRIC BOX OF THE RESI-
   15  DENCE, AS REQUIRED BY PARAGRAPH D OF THIS SUBDIVISION, AND SHALL REPLACE
   16  THE SIGN OR SYMBOL WHEN ANY CHANGES OR MODIFICATIONS  ARE  MADE  TO  THE
   17  ELECTRIC BOX OR THE SIGN OR SYMBOL IS DAMAGED.
   18    2. A. THE LOCAL BUILDING DEPARTMENT OR LOCAL CODE ENFORCEMENT OFFICIAL
   19  HAVING  JURISDICTION OVER THE RESIDENTIAL STRUCTURE TO BE ERECTED, ADDED
   20  TO, OR MODIFIED, OR HIS OR HER DESIGNEE SHALL CONSULT  WITH  THE  COUNTY
   21  FIRE  COORDINATOR,  LOCAL  911  AND EMERGENCY DISPATCHERS, AND THE LOCAL
   22  FIRE PROTECTION PROVIDER OR ENTITY DEEMED  PERTINENT  TO  DETERMINE  THE
   23  MANNER  SUFFICIENT  TO  WARN  PERSONS  CONDUCTING FIRE CONTROL AND OTHER
   24  EMERGENCY OPERATIONS OF THE EXISTENCE OF TRUSS TYPE, PRE-ENGINEERED WOOD
   25  OR TIMBER CONSTRUCTION IN THE STRUCTURE.
   26    B. THE CHIEF OF THE FIRE DISTRICT, FIRE DEPARTMENT,  OR  FIRE  COMPANY
   27  HAVING  JURISDICTION OVER THE RESIDENTIAL STRUCTURE TO BE ERECTED, ADDED
   28  TO, OR MODIFIED, OR HIS  OR  HER  DESIGNEE  SHALL  USE  THE  INFORMATION
   29  PROVIDED  UNDER SUBDIVISION ONE OF THIS SECTION TO WARN PERSONS CONDUCT-
   30  ING FIRE CONTROL AND OTHER EMERGENCY  OPERATIONS  OF  THE  EXISTENCE  OF
   31  TRUSS TYPE, PRE-ENGINEERED WOOD OR TIMBER CONSTRUCTION IN THE STRUCTURE.
   32    C. THE OFFICERS AND MEMBERS OF THE FIRE DEPARTMENT SHALL NOT BE LIABLE
   33  CIVILLY  OR  CRIMINALLY  FOR ANY FAILURE TO WARN PERSONS CONDUCTING FIRE
   34  CONTROL OR OTHER EMERGENCY OPERATIONS EXCEPT  IN  INSTANCES  OF  WILLFUL
   35  NEGLIGENCE OR MALFEASANCE.
   36    3.  THE COUNCIL SHALL PROMULGATE RULES AND REGULATIONS IT DEEMS NECES-
   37  SARY TO CARRY INTO EFFECT THE PROVISIONS OF THIS SECTION INCLUDING,  BUT
   38  NOT LIMITED TO, THE DIMENSIONS AND COLOR OF SUCH SIGN OR SYMBOL.
   39    4.  LOCAL GOVERNMENTS SHALL PROVIDE BY LOCAL LAW OR RESOLUTION FOR THE
   40  ENFORCEMENT OF THE PROVISIONS OF THIS  SECTION,  IF  NECESSARY.    LOCAL
   41  GOVERNMENTS  MAY PROVIDE FOR JOINT ENFORCEMENT OF THE PROVISIONS OF THIS
   42  SECTION BY AGREEMENT PURSUANT TO ARTICLE FIVE-G OF THE GENERAL MUNICIPAL
   43  LAW.
   44    5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY CITY  WITH  A
   45  POPULATION OF ONE MILLION OR MORE PERSONS.
   46    S  2.  The secretary of state, and the state fire administrator, shall
   47  to the greatest extent practical make available,  and  incorporate  into
   48  existing  uniform  fire prevention and building code training, and other
   49  fire safety training, educational information highlighting  truss  type,
   50  pre-engineered wood or timber construction and safety precautions.
   51    S  3. This act shall take effect on the first of January next succeed-
   52  ing the date on which it shall have become  a  law;  provided,  however,
   53  that effective immediately, the addition, amendment and/or repeal of any
   54  rule  or  regulation necessary for the implementation of this act on its
   55  effective date is authorized and directed to be made and completed with-
   56  in 180 days after the date on which this act shall have become a law.