S T A T E O F N E W Y O R K ________________________________________________________________________ 6154--A 2015-2016 Regular Sessions I N A S S E M B L Y March 16, 2015 ___________ Introduced by M. of A. SCHIMEL, JAFFEE, ENGLEBRIGHT, FINCH, COOK, MONTESANO, McKEVITT -- Multi-Sponsored by -- M. of A. CLARK -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02150-04-5 A. 6154--A 2 1 the construction of any building], LIMITED LIABILITY COMPANY, LIMITED 2 LIABILITY PARTNERSHIP, OR CORPORATION PARTICIPATING OR ASSISTING IN 3 EITHER THE CONSTRUCTION OF ANY BUILDING OR THE MAINTENANCE, CONTROL, OR 4 OVERSIGHT OF A PROPERTY OR BUILDING who [shall] knowingly [violate] 5 VIOLATES any of the applicable provisions of the uniform code or any 6 lawful order of a local government, a county or the secretary made ther- 7 eunder regarding standards for construction, maintenance, or fire 8 protection [equipment and systems, shall be], IS GUILTY OF A MISDEMEA- 9 NOR, punishable by a fine of not more than one thousand dollars per day 10 of violation, or imprisonment not exceeding one year, or both. 11 (B) ANY PERSON, LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNER- 12 SHIP OR CORPORATION WHO OWNS, IS IN CONTROL OF, IS AN AGENT FOR, IS A 13 TENANT OF, OR IS OTHERWISE RESPONSIBLE FOR A PROPERTY OR BUILDING, 14 HAVING BEEN SERVED, EITHER PERSONALLY OR PURSUANT TO SUBDIVISION FOUR OF 15 SECTION THREE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES, WITH AN 16 ORDER TO REMEDY ANY CONDITION FOUND TO EXIST IN, ON, OR ABOUT THE PROP- 17 ERTY OR ANY BUILDING ON THE PROPERTY IN VIOLATION OF THE UNIFORM FIRE 18 PREVENTION AND BUILDING CODE, WHO FAILS TO COMPLY WITH SUCH ORDER WITHIN 19 THE TIME STATED THEREIN OR ANY OWNER, BUILDER, PROPERTY MANAGER, PROPER- 20 TY AGENT, ARCHITECT, TENANT, CONTRACTOR, SUBCONTRACTOR, CONSTRUCTION 21 SUPERINTENDENT OR THEIR AGENTS OR ANY OTHER PERSON, LIMITED LIABILITY 22 COMPANY, LIMITED LIABILITY PARTNERSHIP, OR CORPORATION PARTICIPATING OR 23 ASSISTING IN EITHER THE CONSTRUCTION OF ANY BUILDING OR THE MAINTENANCE, 24 CONTROL, OR OVERSIGHT OF A PROPERTY OR BUILDING WHO VIOLATES ANY OF THE 25 APPLICABLE PROVISIONS OF THE UNIFORM CODE OR ANY LAWFUL ORDER OF A LOCAL 26 GOVERNMENT, A COUNTY OR THE SECRETARY MADE THEREUNDER REGARDING STAND- 27 ARDS FOR CONSTRUCTION, MAINTENANCE, OR FIRE PROTECTION, IS GUILTY OF A 28 VIOLATION, PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS 29 PER DAY OF VIOLATION, OR IMPRISONMENT NOT EXCEEDING FIFTEEN DAYS, OR 30 BOTH. 31 S 2. This act shall take effect on the ninetieth day after it shall 32 have become a law.