•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A05618 Summary:

BILL NOA05618
 
SAME ASSAME AS S03354
 
SPONSORZebrowski
 
COSPNSREachus, Brabenec
 
MLTSPNSR
 
Amd §381, Exec L
 
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.
Go to top    

A05618 Actions:

BILL NOA05618
 
03/17/2023referred to governmental operations
01/03/2024referred to governmental operations
Go to top

A05618 Memo:

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.
Go to top

A05618 Text:



 
                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.
Go to top