Relates to the criminal enforcement of violations of the state's uniform fire prevention and building code

BILL NUMBER:S901A

Title of bill

An act to amend the executive law, in relation to the criminal enforcement of violations of the state's uniform fire prevention and building code

Title of bill

An act to amend the executive law, in relation to the criminal enforcement of violations of the state's uniform fire prevention and building code

Purpose or general idea of bill

To clarify the procedures for commencing a criminal action for violating the State's Uniform Fire Prevention and Building Code (Uniform Code) in relation to an imminent life safety violation that requires an immediate cure.

Summary of specific provisions

Amends section 382 of the Executive Law by adding subdivision 2 (b): Any person or entity owning, in control of, agent for, tenant of; or otherwise responsible for a property or building, having been served with an order to remedy an imminent life safety violation requiring immediate cure, who fails to comply with such order immediately may be ordered to vacate the premise until such imminent life safety violation is resolved. Any person or entity that knowingly violates the Uniform Code would be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars per day of violation, or imprisonment not exceeding one year, or both. The council shall promulgate rules and regulations it deems necessary to carry into effect this provision.

Justification

Currently under section 382 of the Executive Law, local governments and their code enforcement officials are authorized to order in writing the remedying of any condition found in violation of the uniform fire prevention and building code and to issue appearance tickets for such violations. The individual or entity served with such notice must remedy the condition within a proscribed period of time as stipulated under the uniform code, usually 30 days. Failure to comply with such order is punishable by a fine of not more than one thousand dollars per day of violation, or imprisonment not exceeding one year, or both.

The ambiguous and vague provisions of section 382 of the Executive Law have led courts to reach the conclusion that criminal actions may not be commenced against a defendant until a notice of violation (NOV) has been issued, see People v. Caravousanos, 2 Misc.3d 138(A) (Sup. Ct. App. Term 2004). Such a reading significantly hampers local government officials' ability to enforce the uniform code and deter flagrant violations of regulations designed to protect the public's health, safety and welfare. In instances when a violation of the uniform code has led to a condition that poses an imminent threat to life and safety, the person or entity served with a notice of violation, should be forced to comply with such order immediately.

This bill creates a new type of compliance order, an order to remedy an imminent life safety violation requiring immediate cure, which will enable local code enforcement officials to order any person or entity who fails to comply with such order immediately to vacate the property until such imminent life safety violation is resolved. Failure to comply with such order is guilty of a misdemeanor, punishable by a

fine of not more than one thousand dollars per day of violation, or imprisonment not exceeding one year or both.

Legislative history

S.7235 (2012)

Effective date

This act shall take effect the first of November after this bill shall become law.