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S1189Senate2015-2016 SessionSame asA2865

Expands remedies for violations of New York state uniform fire prevention and building code

Sponsor David CarlucciSD-38Affects Housing
Status
In Senate Committee
Housing, Construction And Community Development
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Housing, Construction And Community Development

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Who cares

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Sponsors

Primary sponsor
David Carlucci

Senator · Senate District 38

Chair, Social Services

No co-sponsors yet.

History

  1. Referred to housing, construction and community development
  2. Referred to housing, construction and community development

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A2865Assembly

Expands remedies for violations of New York state uniform fire prevention and building code

In Assembly Committee · Governmental Operations · Sponsor Kenneth Zebrowski

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S1189

Title of bill

An act to amend the executive law, in relation to expanding remedies for violations of New York state uniform fire prevention and building code

Purpose

This bill increases fines for building code violations which creates an immediate threat to the safety and welfare of the building occupants.

Summary of provisions

Section 1. Amends section 382 of the executive law as it relates to increasing the penalties for building code violations when the condition is deemed an imminent threat to the safety and welfare of the building's occupants by the local government. The bill provides for graduated penalties for repeat offenders. A first time violation carries a fine of no less than one thousand dollars and no more than five thousand dollars. A second violation will carry a fine of no less than five thousand dollars and no more than ten thousand dollars. Finally, a third violation will result in a fine that is no less than ten thousand dollars per day of violation or imprisonment not exceeding one year or both.

Section 2. Effective date.

Justification

The current law allows for a wide range of discretion in handing down penalties for failure to correct building code violations. The penalty structure allows for judicial flexibility in order to encourage compliance and avoid large fines. Unfortunately, some violations involve false walls, blocked exits and other circumstances that create an immediate threat to the safety of the occupants and emergency responders. These violations must be taken more seriously in order to deter this conduct. This bill will implement minimum fines for violations that put lives in danger and will make property owners more accountable.

Legislative history

2014: S7328/A9123 - Housing, Construction & Community Development/Government Operations

Fiscal implications

Possible increase in revenue to the state.

Effective date

This act shall take effect on the first of January next succeeding the date of which it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.