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:S1059

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's uniform fire prevention and building code.

Summary of provisions

Section 1 of this bill amends section 383 of the Executive Law by adding a new subdivision (5) to provide that, unless otherwise specifically provided by statute, all buildings owned or leased by a State agency or covered authority shall adhere to the uniform fire prevention and building code. For existing buildings and structures constructed before the act's effective date, the Office of General Services will create a staged plan for compliance. The staged plan may provide for compliance over a period of five years. If the Office of General Services determines that there are reasons requiring delay, the period for compliance shall be a period not to exceed ten years.

Section 2 of this bill provides that this act shall take effect on the one hundred eightieth day after it shall have become a law.

Existing law

Currently, there is no law that provides for State owned or leased property to conform with the State's uniform fire prevention and building code.

Justification

Buildings under government control should follow the same safety rules that other buildings in private hands are required to follow. 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. Their enforcement power depends upon the enabling statute of the State entities that own or lease the property. In some jurisdictions, the local government's main exercise of its enforcement powers upon State entities is 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 as privately owned buildings and structures.

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

2014: S.2747 3rd Reading Calendar 2013: S.2747 Passed the Senate 2012: S.2213 Referred to Housing, Construction, and Community Development 2011: S.2213 Referred to Housing, Construction, and Community Development 2010: S.5666 Referred to Housing, Construction, and Community Development 2009: S.5666 - Referred to Housing, Construction, and Community Development

Fiscal implications

None to the State.

Effective date

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