Bill Text: NY A06154 | 2015-2016 | General Assembly | Introduced

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

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Bill Title: Relates to the criminal enforcement of violations of the state's uniform fire prevention and building code.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Introduced - Dead) 2016-03-08 - reported referred to codes [A06154 Detail]

Download: New_York-2015-A06154-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6154
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 16, 2015
                                      ___________
       Introduced  by M. of A. SCHIMEL -- read once and referred to the Commit-
         tee on Governmental Operations
       AN ACT to amend the executive law, in relation to the criminal  enforce-
         ment of violations of the state's uniform fire prevention and building
         code
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section  382  of  the  executive  law,  as
    2  amended  by  chapter  135  of  the  laws  of 1997, is amended to read as
    3  follows:
    4    2. [Any person, having been served, either personally or by registered
    5  or certified mail, with an order to remedy any condition found to  exist
    6  in,  on,  or  about  any  building  in  violation  of  the  uniform fire
    7  prevention and building code, who shall fail to comply with  such  order
    8  within  the  time  fixed by the regulations promulgated by the secretary
    9  pursuant to subdivision one of section three hundred eighty-one of  this
   10  article, such time period to be stated in the order, and]
   11    (A)  ANY PERSON, LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNER-
   12  SHIP, OR CORPORATION OWNING, IN CONTROL OF, AGENT  FOR,  TENANT  OF,  OR
   13  OTHERWISE  RESPONSIBLE  FOR  A PROPERTY OR BUILDING, HAVING BEEN SERVED,
   14  EITHER PERSONALLY OR PURSUANT  TO  SUBDIVISION  FOUR  OF  SECTION  THREE
   15  HUNDRED  EIGHT  OF  THE  CIVIL  PRACTICE LAW AND RULES, WITH AN ORDER TO
   16  REMEDY ANY CONDITION FOUND TO EXIST IN, ON, OR ABOUT THE PROPERTY OR ANY
   17  BUILDING ON THE PROPERTY IN VIOLATION OF THE UNIFORM FIRE PREVENTION AND
   18  BUILDING CODE, WHO FAILS TO COMPLY WITH SUCH ORDER WITHIN THE TIME STAT-
   19  ED THEREIN OR any owner,  builder,  PROPERTY  MANAGER,  PROPERTY  AGENT,
   20  architect,  tenant,  contractor, subcontractor, construction superinten-
   21  dent or their agents or any other person [taking part  or  assisting  in
   22  the  construction  of  any building], LIMITED LIABILITY COMPANY, LIMITED
   23  LIABILITY PARTNERSHIP, OR  CORPORATION  PARTICIPATING  OR  ASSISTING  IN
   24  EITHER  THE CONSTRUCTION OF ANY BUILDING OR THE MAINTENANCE, CONTROL, OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02150-03-5
       A. 6154                             2
    1  OVERSIGHT OF A PROPERTY OR  BUILDING  who  [shall]  knowingly  [violate]
    2  VIOLATES  any  of  the  applicable provisions of the uniform code or any
    3  lawful order of a local government, a county or the secretary made ther-
    4  eunder  regarding  standards  for  construction,  maintenance,  or  fire
    5  protection [equipment and systems, shall be], IS GUILTY OF  A  MISDEMEA-
    6  NOR,  punishable  by  a fine of not more than [one] TWO thousand dollars
    7  per day of violation, or imprisonment not exceeding one year, or both.
    8    (B) ANY PERSON, LIMITED LIABILITY COMPANY, LIMITED LIABILITY  PARTNER-
    9  SHIP  OR  CORPORATION  WHO OWNS, IS IN CONTROL OF, IS AN AGENT FOR, IS A
   10  TENANT OF, OR IS OTHERWISE  RESPONSIBLE  FOR  A  PROPERTY  OR  BUILDING,
   11  HAVING BEEN SERVED, EITHER PERSONALLY OR PURSUANT TO SUBDIVISION FOUR OF
   12  SECTION THREE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES, WITH AN
   13  ORDER  TO REMEDY ANY CONDITION FOUND TO EXIST IN, ON, OR ABOUT THE PROP-
   14  ERTY OR ANY BUILDING ON THE PROPERTY IN VIOLATION OF  THE  UNIFORM  FIRE
   15  PREVENTION AND BUILDING CODE, WHO FAILS TO COMPLY WITH SUCH ORDER WITHIN
   16  THE TIME STATED THEREIN OR ANY OWNER, BUILDER, PROPERTY MANAGER, PROPER-
   17  TY  AGENT,  ARCHITECT,  TENANT,  CONTRACTOR, SUBCONTRACTOR, CONSTRUCTION
   18  SUPERINTENDENT OR THEIR AGENTS OR ANY OTHER  PERSON,  LIMITED  LIABILITY
   19  COMPANY,  LIMITED LIABILITY PARTNERSHIP, OR CORPORATION PARTICIPATING OR
   20  ASSISTING IN EITHER THE CONSTRUCTION OF ANY BUILDING OR THE MAINTENANCE,
   21  CONTROL, OR OVERSIGHT OF A PROPERTY OR BUILDING WHO VIOLATES ANY OF  THE
   22  APPLICABLE PROVISIONS OF THE UNIFORM CODE OR ANY LAWFUL ORDER OF A LOCAL
   23  GOVERNMENT,  A  COUNTY OR THE SECRETARY MADE THEREUNDER REGARDING STAND-
   24  ARDS FOR CONSTRUCTION, MAINTENANCE, OR FIRE PROTECTION, IS GUILTY  OF  A
   25  VIOLATION,  PUNISHABLE  BY  A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS
   26  PER DAY OF VIOLATION, OR IMPRISONMENT NOT  EXCEEDING  FIFTEEN  DAYS,  OR
   27  BOTH.
   28    S 2. This act shall take effect on the first of November next succeed-
   29  ing the date on which it shall have become a law.