What's happening
This bill expands and strengthens criminal enforcement for violations of New York’s fire prevention and building code, including increased penalties and broader liability.
Why it matters
Expands criminal liability to a broader range of people and entities. including property managers, agents, tenants, contractors, architects, and companies—making anyone with responsibility or control over a property or building potentially subject to prosecution for violations, not just owners or builders.
Introduces new categories of offenses. establishing both misdemeanor and violation levels of penalties, with misdemeanors carrying up to a year in jail and violations up to fifteen days, plus fines of up to $1,000 per day for each day of non-compliance.
Closes enforcement loopholes. by updating service requirements and clarifying that both individuals and business entities can be prosecuted even if their involvement is indirect (such as oversight or maintenance, not just construction), increasing the likelihood that violations will be prosecuted and remedied.
Raises the stakes for non-compliance. by allowing for criminal, not just civil, penalties for failing to remedy fire and building code violations, which could incentivize faster and more thorough compliance, potentially leading to improved safety for building occupants and first responders.
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Who cares
Headline styles
Toughen Fire Code Penalties
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
1 Multi-sponsor
History
- Referred to governmental operations
- Referred to governmental operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3798
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
Introduced by M. of A. JAFFEE -- read once and referred to the Committee on Governmental Operations
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 382 of the executive law, as amended by chapter 135 of the laws of 1997, is amended to read as follows:
2. [Any person, having been served, either personally or by registered or certified mail, with an order to remedy any condition found to exist in, on, or about any building in violation of the uniform fire prevention and building code, who shall fail to comply with such order within the time fixed by the regulations promulgated by the secretary pursuant to subdivision one of section three hundred eighty-one of this article, such time period to be stated in the order, and]
(a) Any person, limited liability company, limited liability partnership, or corporation owning, in control of, agent for, tenant of, or otherwise responsible for a property or building, having been served, either personally or pursuant to subdivision four of section three hundred eight of the civil practice law and rules, with an order to remedy any condition found to exist in, on, or about the property or any building on the property in violation of the uniform fire prevention and building code, who fails to comply with such order within the time stated therein or any owner, builder, property manager, property agent, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person [taking part or assisting in the construction of any building], limited liability company, limited liability partnership, or corporation participating or assisting in either the construction of any building or the maintenance, control, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01808-01-7
A. 3798 2
oversight of a property or building who [shall] knowingly [violate] violates any of the applicable provisions of the uniform code or any lawful order of a local government, a county or the secretary made thereunder regarding standards for construction, maintenance, or fire protection [equipment and systems, shall be], 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.
(b) Any person, limited liability company, limited liability partnership or corporation who owns, is in control of, is an agent for, is a tenant of, or is otherwise responsible for a property or building, having been served, either personally or pursuant to subdivision four of section three hundred eight of the civil practice law and rules, with an order to remedy any condition found to exist in, on, or about the property or any building on the property in violation of the uniform fire prevention and building code, who fails to comply with such order within the time stated therein or any owner, builder, property manager, property agent, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person, limited liability company, limited liability partnership, or corporation participating or assisting in either the construction of any building or the maintenance, control, or oversight of a property or building who violates any of the applicable provisions of the uniform code or any lawful order of a local government, a county or the secretary made thereunder regarding standards for construction, maintenance, or fire protection, is guilty of a violation, punishable by a fine of not more than one thousand dollars per day of violation, or imprisonment not exceeding fifteen days, or both.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.