Relates to application of the state uniform fire prevention and building code to certain premises owned or leased by the state or public authorities

BILL NUMBER:S2213

Title of bill

An act to amend the executive law, in relation to application of the state uniform fire prevention and building code to certain premises

Purpose

To require state-owned buildings or state-leased space to adhere to the state uniform fire prevention and building codes.

Summary of provisions

This Bill would add subdivision 5 to Section 383 of the NYS executive law, which would require all buildings owned, or in which space is leased, by state agencies and covered authorities, to adhere to state uniform fire prevention and building code. Existing buildings and structures constructed before this amendment's effective date shall be subject to adherence to the codes under a stage plan, to be developed by the Office of General Services. Stage plans will not exceed 5 years, unless the Office of General Services deems a delay is necessary, in which case the stage plan is not to not exceed 10 years past the effective date. Building alterations or new construction will adhere to the state uniform fire prevention and building code.

Existing law

No Existing Law.

Justification

Buildings under government control should follow the same safety rules that other buildings in private hands do. The informal and voluntary nature of compliance with codes creates a risk that there is construction, demolition, or other hazardous activity taking place at these properties that local municipalities do not know about, cannot require building owners to correct, and may not be prepared to address in the event of an emergency.

Currently, local governments have limited enforcement powers over state building and property owners, depending on the enabling statute of the state entities. In some jurisdictions, the local government exercises its enforcement powers upon state entities mainly through the voluntary filing of construction and demolition projects by those entities, and through courtesy inspections and liaison relationships. This bill would require all buildings and structures that are owned, leased or operated by the state of New York or by any of its authorities to be code-compliant to the same extent that privately owned buildings and structures are under the jurisdiction of such agencies.

In every sense, this bill will enhance public safety throughout the five boroughs by requiring that the State and its authorities do what all private building owners are required to do.

Legislative history

S.5666 of 2009-10 - Referred to Housing

Fiscal implications

To be determined.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become law.