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 by counties.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5618
SPONSOR: Zebrowski
 
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 OR GENERAL IDEA OF BILL:
To protect the health and wellbeing 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 one of the bill amends section 381 of the executive law as it
relates to allowing a county, through an official request by the county
executive and legislature, to file a complaint with the
Secretary about a municipality for failing to administer and enforce the
uniform code. It would require the Secretary, following an investi-
gation, to transfer the responsibility of code enforcement to the coun-
ty.
Section two of the bill amends section 381 of the executive law as it
relates to allowing a local government to petition the Secretary 18
months after which the county has been assigned code enforcement respon-
sibilities to reassume authority.
Section two of the bill related to the effective date.
 
JUSTIFICATION:
Pursuant 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. Oftentimes, Counties across New York State request that
local governments within their jurisdiction be investigated; such
requests highlight the need for additional oversight of 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 responsibil-
ities.
 
PRIOR LEGISLATIVE HISTORY:
A.392 of 2021-22,
A9631B of 2020.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5618
2023-2024 Regular Sessions
IN ASSEMBLY
March 17, 2023
___________
Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Governmental Operations
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:
1 Section 1. Subdivisions 3 and 4 of section 381 of the executive law,
2 as added by chapter 707 of the laws of 1981, are amended to read as
3 follows:
4 3. a. On and after the first day of July, nineteen hundred eighty-
5 five, the secretary shall have power to investigate and conduct hearings
6 relative to whether administration and enforcement of the uniform fire
7 prevention and building code complies with the minimum standards promul-
8 gated pursuant to subdivision one of this section. At least ten days
9 written notice of any such hearing shall be provided to the elective or
10 appointive chief executive officer or, if there be none, the chairman of
11 the legislative body of the local government or county whose adminis-
12 tration and enforcement of the uniform code is at issue.
13 b. If the secretary receives from any county, official notice, in the
14 form of a resolution, approved by a majority vote by the county legisla-
15 ture, board of supervisors, or board of legislatures and then approved
16 by the county executive, where the county has a county executive, which
17 explains the basis of the request, that a local government within the
18 county is not providing administration and enforcement of the uniform
19 fire prevention and building code that complies with the minimum stand-
20 ards promulgated pursuant to subdivision one of this section, the secre-
21 tary shall investigate and may conduct hearings in accordance with the
22 provisions of this subdivision. The secretary shall not begin an inves-
23 tigation into a local government under this paragraph unless the local
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00978-01-3
A. 5618 2
1 government received a copy of the official notice and has had one month
2 to respond to the official notice and submit such response to the secre-
3 tary.
4 4. If the secretary determines that a local government has failed to
5 administer and enforce the uniform fire prevention and building code in
6 accordance with the minimum standards promulgated pursuant to subdivi-
7 sion one of this section, the secretary shall take any of the following
8 actions, either individually or in combination in any sequence:
9 a. The secretary may issue an order compelling compliance by such
10 local government with the standards for administration and enforcement
11 of the uniform code.
12 b. The secretary may ask the attorney general to institute in the name
13 of the secretary an action or proceeding seeking appropriate legal or
14 equitable relief to require such local government to administer and
15 enforce the uniform code.
16 c. [the] The secretary may designate the county in which such local
17 government is located to administer and enforce the uniform code in such
18 local government. In the case of such designation, the provisions of
19 subdivision five of this section shall apply.
20 d. The secretary may, in the place and stead of the local government,
21 administer and enforce the uniform code in accordance with the minimum
22 standards promulgated pursuant to subdivision one of this section. In
23 such event, the provisions of subdivision five of this section shall
24 apply.
25 e. If the secretary finds that the local government is incapable of or
26 unwilling to administer and enforce the uniform code pursuant to the
27 minimum standards and the secretary's investigation of such local
28 government was initiated by an official notice from the county in which
29 such local government is located, and if the county has requested that
30 the secretary designate the county to administer and enforce the uniform
31 code in such local government, the secretary shall designate the county
32 in which such local government is located to administer and enforce the
33 uniform code in such local government unless the secretary finds that
34 the county would be incapable of assuming the responsibilities.
35 § 2. Subdivision 5 of section 381 of the executive law is amended by
36 adding a new paragraph e to read as follows:
37 e. After at least eighteen months from such designation, the local
38 government may petition the secretary to reassume authority for uniform
39 fire prevention and building code enforcement. To reassume authority for
40 uniform fire prevention and building code enforcement, the local govern-
41 ment shall demonstrate to the satisfaction of the secretary that the
42 conditions which led to its prior failure to provide administration and
43 enforcement of the uniform fire prevention and building code that
44 complies with the minimum standards promulgated pursuant to subdivision
45 one of this section are no longer present and that it will be able to
46 properly administer and enforce the code.
47 § 3. This act shall take effect immediately.