New York State Assembly

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Bill No.:  

 
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A05685 Summary:

BILL NO	A05685
SAME AS	No Same As
SPONSOR	Zebrowski
COSPNSR
MLTSPNSR
Amd §381, Exec L
Relates to enforcing fire prevention and building codes and allowing the secretary of state to appoint an oversight officer and describes the duties of such oversight officer.

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A05685 Actions:

BILL NO	A05685
03/20/2023	referred to governmental operations
03/30/2023	enacting clause stricken

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A05685 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A5685
 
SPONSOR: Zebrowski

 
TITLE OF BILL:
 
An act to amend the executive law, in relation to enforcing fire
prevention and building codes and appointing an oversight officer and
their duties
 
 
PURPOSE OF THE BILL:
 
This bill would authorize the department of state to appoint an over-
sight officer in local governments if they determine that the local
government has failed to properly enforce the uniform fire prevention
and building code.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 of the bill would amend provisions related to local govern-
ments and counties opting-out of code enforcement responsibilities and
the date by which such opt-out would take effect.
 
Section 2 of the bill would authorize the Secretary of State, when he or
she determines that a local government has failed to properly administer
and enforce the Uniform Code, to appoint an oversight officer to over-
see, report and direct the actions of a local code enforcement office.
 
Section 3 of the bill relates to a technical change. Section 4 of the
bill relates to the effective date.
 
 
JUSTIFICATION:
 
Local governments retain control over the enforcement and administration
of the uniform code. There have been instances over the past several
years where local governments were found to have failed to properly
enforce the building and fire codes; leading the Department to take
actions to correct any deficiencies in administration. Currently, the
Department has several options for intervening in a local government
that has been found to have failed to enforce the uniform code ranging
from an order by the Secretary of State to a complete takeover of all
code enforcement responsibilities by the. State. This bill provides an
additional power to intervene in municipalities by appointing a quali-
fied individual to act as an oversight officer.
 
The bill also allows for additional time for the State to assume code
enforcement responsibilities in the event that a locality opt-out.
 
 
PRIOR LEGISLATIVE HISTORY:
 
A.287(Zebrowski) of 2022 - Referred to Governmental Operations
 
A.287(Zebrowski) of 2021 - Referred to Governmental Operations
 
A.9592(Zebrowski) of 2020 - Referred to Governmental Operations
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

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