Bill Text: NY A05342 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the applicability of local building codes to state and state agency owned buildings; requires full compliance upon alteration or if such building ceases to be owned by the state.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2014-06-09 - held for consideration in codes [A05342 Detail]

Download: New_York-2013-A05342-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5342
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 25, 2013
                                      ___________
       Introduced  by  M.  of A. GOTTFRIED, BRENNAN, MILLMAN, COLTON, CASTRO --
         Multi-Sponsored by -- M. of A. COOK, CYMBROWITZ, GLICK, TITONE -- 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:
    1    Section 1. This act shall be known and may be cited as the "Graffagni-
    2  no and Beddia law".
    3    S  2.  The general city law is amended by adding a new section 20-h to
    4  read as follows:
    5    S 20-H. APPLICABILITY OF LOCAL CODES IN CITIES WITH  A  POPULATION  OF
    6  ONE  MILLION  OR  MORE INHABITANTS. 1.  NOTWITHSTANDING ANY PROVISION OF
    7  GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, IN CITIES  WITH  A  POPU-
    8  LATION  OF  ONE MILLION OR MORE INHABITANTS ALL BUILDINGS AND STRUCTURES
    9  OWNED, LEASED OR OPERATED BY THE STATE OF NEW YORK OR A STATE AGENCY, AS
   10  THAT TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-TWO OF THE  EXECU-
   11  TIVE  LAW,  THAT  ARE NOT OTHERWISE REQUIRED TO COMPLY WITH THE REQUIRE-
   12  MENTS OF TITLE TWENTY-EIGHT OF THE ADMINISTRATIVE CODE OF  THE  CITY  OF
   13  NEW  YORK  AND  THE  RULES  AND  REGULATIONS PROMULGATED THEREUNDER (DOB
   14  CODES) OR TITLE TWENTY-NINE OF THE ADMINISTRATIVE CODE OF  THE  CITY  OF
   15  NEW  YORK  AND  THE  RULES  AND REGULATIONS PROMULGATED THEREUNDER (FDNY
   16  CODES), SHALL BE UNDER THE JURISDICTION OF THE DEPARTMENT  OF  BUILDINGS
   17  OF SUCH CITY AND THE FIRE DEPARTMENT OF SUCH CITY AND SHALL BE DESIGNED,
   18  CONSTRUCTED,  OPERATED AND MAINTAINED, TO THE EXTENT SPECIFIED IN SUBDI-
   19  VISIONS TWO, THREE AND FOUR OF THIS SECTION, IN COMPLIANCE WITH THE  DOB
   20  CODES  AND THE FDNY CODES. THE AGENCIES OF SUCH CITY RESPONSIBLE FOR THE
   21  ENFORCEMENT OF SUCH LAWS, RULES AND REGULATIONS ARE HEREBY EMPOWERED  TO
   22  CONDUCT  ALL  INSPECTIONS AUTHORIZED BY SUCH LAWS, RULES AND REGULATIONS
   23  AND ENFORCE SUCH LAWS, RULES AND REGULATIONS AGAINST ALL SUCH  BUILDINGS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01193-01-3
       A. 5342                             2
    1  AND  STRUCTURES  IN THE SAME MANNER AND TO THE SAME EXTENT AS THEY WOULD
    2  CONDUCT INSPECTIONS AND ENFORCE SUCH LAWS, RULES AND REGULATIONS AGAINST
    3  OTHER BUILDINGS AND STRUCTURES UNDER THEIR JURISDICTION.
    4    2.  NEW BUILDINGS AND STRUCTURES. ALL BUILDINGS AND STRUCTURES COVERED
    5  BY THIS SECTION AND NEWLY CONSTRUCTED AFTER THE EFFECTIVE DATE  OF  THIS
    6  SECTION  SHALL  COMPLY  WITH  THE REQUIREMENTS OF THE DOB CODES AND FDNY
    7  CODES. CERTIFICATES OF OCCUPANCY ISSUED TO SUCH BUILDINGS AND STRUCTURES
    8  SHALL BE LIMITED TO THE DURATION OF OWNERSHIP BY THE STATE OF  NEW  YORK
    9  OR  STATE  AGENCY UNLESS COMPLIANCE WITH THE ZONING RESOLUTION OF A CITY
   10  OF ONE MILLION OR MORE INHABITANTS IS ALSO DEMONSTRATED.
   11    3. EXISTING BUILDINGS AND STRUCTURES. EXISTING  BUILDINGS  AND  STRUC-
   12  TURES ARE THOSE CONSTRUCTED BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   13    (A) CONTINUATION OF LAWFUL USE AND OCCUPANCY. THE LAWFUL USE AND OCCU-
   14  PANCY  OF  AN  EXISTING  BUILDING  OR STRUCTURE MAY BE CONTINUED FOR THE
   15  DURATION OF THE OWNERSHIP, LEASE OR OPERATION BY THE STATE OF  NEW  YORK
   16  OR  STATE  AGENCY  PROVIDED  SUCH  BUILDING OR STRUCTURE IS OPERATED AND
   17  MAINTAINED IN ACCORDANCE WITH THE REQUIREMENTS OF THE FDNY  CODES.  SUCH
   18  LAWFUL  USE AND OCCUPANCY MAY BE CONTINUED UNLESS EITHER THE BUILDING OR
   19  STRUCTURE IS ALTERED, IN WHICH CASE ALL ALTERATIONS TO SUCH BUILDING  OR
   20  STRUCTURE  SHALL  BE  SUBJECT TO THE PROVISIONS OF THE DOB CODES AND THE
   21  FDNY CODES.
   22    (B) CERTIFICATE OF OCCUPANCY. EXISTING BUILDINGS AND STRUCTURES  SHALL
   23  NOT  REQUIRE  A  CERTIFICATE  OF OCCUPANCY ISSUED BY THE COMMISSIONER OF
   24  BUILDINGS OF A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABITANTS
   25  UNLESS AND UNTIL AN ALTERATION REQUIRING A NEW CERTIFICATE OF  OCCUPANCY
   26  AS  PER THE DOB CODES IS MADE. THE COMMISSIONER OF BUILDINGS MAY REQUIRE
   27  THE BUILDING OR STRUCTURE TO BE PROVIDED WITH ADEQUATE MEANS  OF  EGRESS
   28  OR  FIRE  PROTECTION  AS  NECESSARY FOR THE SAFETY OF OCCUPANTS PRIOR TO
   29  ISSUING A CERTIFICATE OF OCCUPANCY. THE  COMMISSIONER  OF  BUILDINGS  OF
   30  SUCH  CITY  MAY  RESTRICT  THE  CERTIFICATE  OF OCCUPANCY ISSUED TO SUCH
   31  BUILDING OR STRUCTURE TO THE DURATION OF OWNERSHIP BY THE STATE  OF  NEW
   32  YORK  OR STATE AGENCY WHERE THE BUILDING OR STRUCTURE, ALTHOUGH LAWFULLY
   33  CONSTRUCTED AND ALTERED, IS NOT SHOWN TO HAVE COMPLIED WITH THE BUILDING
   34  AND ZONING LAWS AND RULES IN EFFECT FOR BUILDINGS WITHIN SUCH CITY  WHEN
   35  THE BUILDING OR STRUCTURE WAS ERECTED, AND, WHERE APPLICABLE, ALTERED.
   36    (C)  PLACES  OF  ASSEMBLY. (1) FOR ANY EXISTING PLACE OF ASSEMBLY THAT
   37  DOES NOT HAVE A CERTIFICATE OF OPERATION ISSUED BY THE  COMMISSIONER  OF
   38  BUILDINGS  OF  A  CITY WITH A POPULATION OF ONE MILLION OR MORE INHABIT-
   39  ANTS, A PROPOSED SEATING  ARRANGEMENT  PLAN  SHALL  BE  FILED  WITH  AND
   40  APPROVED  BY THE DEPARTMENT OF BUILDINGS AND THE FIRE DEPARTMENT OF SUCH
   41  CITY BEFORE ANY CHANGE IS MADE  TO  EITHER:  (A)  THE  EXISTING  SEATING
   42  ARRANGEMENT;  (B)  TYPE  OF  SEATING;  OR (C) INTERIOR LAYOUT; PROVIDED,
   43  HOWEVER, THAT IN REVIEWING THE SEATING ARRANGEMENT PLAN, THE  DEPARTMENT
   44  OF  BUILDINGS AND THE FIRE DEPARTMENT SHALL NOT APPROVE HAZARDOUS CONDI-
   45  TIONS OR CONFIGURATIONS. SUCH CHANGES  SHALL  NOT  REQUIRE  A  PLACE  OF
   46  ASSEMBLY CERTIFICATE OF OPERATION EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH
   47  TWO OF THIS PARAGRAPH.
   48    (2)  EXISTING PLACES OF ASSEMBLY SHALL NOT REQUIRE A PLACE OF ASSEMBLY
   49  CERTIFICATE OF OPERATION, PROVIDED, HOWEVER, THAT  UPON  ISSUANCE  OF  A
   50  CERTIFICATE  OF  OCCUPANCY FOR THE BUILDING OR STRUCTURE CONTAINING SUCH
   51  PLACE OF ASSEMBLY, A PLACE OF ASSEMBLY CERTIFICATE OF OPERATION SHALL BE
   52  OBTAINED WITHIN THREE MONTHS THEREAFTER. UPON  SATISFACTORY  APPLICATION
   53  BY  THE  STATE OF NEW YORK OR STATE AGENCY ACCORDING TO THE REQUIREMENTS
   54  AND PROCEDURES OF A CITY WITH A POPULATION OF ONE MILLION OR MORE INHAB-
   55  ITANTS, THE COMMISSIONER OF BUILDINGS OF SUCH CITY SHALL ISSUE A CERTIF-
   56  ICATE OF OPERATION TO ANY SUCH EXISTING PLACE OF ASSEMBLY,  PROVIDED  IT
       A. 5342                             3
    1  SUBSTANTIALLY  COMPLIES  WITH  THE DOB CODES' REQUIREMENTS PERTAINING TO
    2  MEANS OF EGRESS AND FIRE PROTECTION.
    3    (D) MAINTENANCE. EXISTING BUILDINGS AND STRUCTURES SHALL BE SUBJECT TO
    4  THE  MAINTENANCE  REQUIREMENTS  OF THE DOB CODES, INCLUDING ANY REQUIRED
    5  PERIODIC INSPECTIONS AND REPORTS. HOWEVER,  NO  REPORTS  OR  SUBMISSIONS
    6  SHALL BE REQUIRED OF THE STATE OF NEW YORK OR A STATE AGENCY RESPONSIBLE
    7  FOR  THE  OPERATION  AND  CONTROL  OF SUCH BUILDINGS OR STRUCTURES ON OR
    8  BEFORE JULY THIRTY-FIRST, TWO THOUSAND FOURTEEN.
    9    (E) RETROACTIVE REQUIREMENTS. EXISTING BUILDINGS AND STRUCTURES  SHALL
   10  BE  SUBJECT  TO  ALL  RETROACTIVE REQUIREMENTS IN THE 1968 NEW YORK CITY
   11  BUILDING CODE AND THE DOB CODES PERTAINING TO FIRE PROTECTION  AND  LIFE
   12  SAFETY,  WHETHER  OR  NOT  THE  DEADLINE  TO COMPLY WITH SUCH PROVISIONS
   13  PRECEDED THE EFFECTIVE DATE OF THIS SECTION. IN BUILDINGS OR  STRUCTURES
   14  WHERE  THE  DEADLINE  PRECEDED  THE EFFECTIVE DATE OF THIS SECTION, SUCH
   15  BUILDINGS AND STRUCTURES SHALL HAVE THREE YEARS TO COME INTO COMPLIANCE.
   16  WHERE THE DEADLINE HAS NOT YET PASSED, EXISTING BUILDINGS AND STRUCTURES
   17  SHALL HAVE AS MUCH TIME TO COME INTO COMPLIANCE AS EACH SUCH RETROACTIVE
   18  REQUIREMENT ORIGINALLY AFFORDED EXISTING BUILDINGS WHEN IT BECAME EFFEC-
   19  TIVE.
   20    4. DEPARTMENT OF LABOR COOPERATION WITH  DEPARTMENT  OF  ENVIRONMENTAL
   21  PROTECTION  OF  A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABIT-
   22  ANTS.  THE COMMISSIONER OF LABOR AND THE COMMISSIONER  OF  ENVIRONMENTAL
   23  PROTECTION  OF  A CITY WITH A POPULATION OF ONE MILLION OR MORE INHABIT-
   24  ANTS SHALL COOPERATE IN PROVIDING NOTIFICATION OF, AND SHARING  RELEVANT
   25  INFORMATION ABOUT ASBESTOS ABATEMENT PROJECTS IN SUCH CITY AT ALL BUILD-
   26  INGS  AND  STRUCTURES OWNED, LEASED OR OPERATED BY THE STATE OF NEW YORK
   27  OR A STATE AGENCY, AS THAT TERM IS  DEFINED  IN  SECTION  THREE  HUNDRED
   28  SEVENTY-TWO  OF  THE  EXECUTIVE  LAW,  AND  SHALL OTHERWISE COOPERATE AS
   29  NECESSARY, IN ORDER TO FURTHER ENHANCE THE SAFETY OF SUCH PROJECTS.
   30    S 3. This act shall take effect on the one hundred eightieth day after
   31  it shall have become a law.