What's happening
This bill grants New York City fire officers immunity from administrative liability if not properly trained on building codes or inspection duties.
Why it matters
Shifts responsibility for training from individual fire officers to the fire department. if officers haven’t been trained on building codes or inspection changes, they cannot be held administratively liable, spotlighting the department’s duty to provide up-to-date training.
Could impact accountability in code enforcement and fire safety inspections. by removing administrative liability for untrained officers, the bill may make it harder to hold individuals responsible for inspection failures or lapses related to building code compliance.
Applies only to New York City fire officers. (cities with over one million people), potentially creating a different standard for liability and training compared to other cities in New York State.
Makes the law retroactive to changes after July 1, 2008. meaning any amendments or new codes since that date are covered, which could affect any current or future administrative actions related to training gaps.
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Who cares
Headline styles
Protect Fire Officers from Penalties
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.696
- Print number 1609a
- Amend and recommit to cities
- Referred to cities
- Referred to cities
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.
Protect Fire Inspectors From Penalties
In Assembly Committee · Governmental Employees · Sponsor Peter Abbate
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1609--A
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sens. GOLDEN, AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities -- recommitted to the Committee on Cities in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the general municipal law, in relation to providing immunity from administrative action against certain New York city fire officers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general municipal law is amended by adding a new section 209-fff to read as follows:
§ 209-fff. Liability of fire officers. In any city with a population of one million or more, the fire officers of the fire department of such city shall be immune from administrative liability relating to any act or omission which may be attributable to the failure of the fire department of such city to provide training to such officers in regard to the building and construction codes and local ordinances of such city, with an emphasis on the inspection duties of fire officers, and any pertinent changes in such duties resulting from the enactment of or any amendment to any of such codes on or after July first, two thousand eight.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06039-02-8
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general municipal law, in relation to providing immunity from administrative action against certain New York city fire officers
Purpose or general idea of bill
The bill will provide immunity from administrative action against New York City Fire Officers who, due to lack of such training, are effec- tively unable to properly conduct building inspections.
Summary of provisions
Section one of the bill provides that a fire officer of the New York City Fire Department ("FDNY") will be immune from administrative liabil- ity for any act or omission stemming from the failure of FDNY to provide the fire officer with proper training in regard to (i) the New York City building and construction codes and local ordinances, (ii) the inspection duties of fire fighters, or (iii) changes to the codes that became effective on or after July 1, 2008.
Section two of the bill provides that this act shall take effect imme- diately.
Existing law
Currently, a fire officer can be held liable in an administrative proceeding for acting or failing to act even though the officer did not receive adequate training regarding his or her responsibilities and the current law.
Justification
During the 2010 legislative session a bill to provide New York City Fire Officers 40 hours training in the new Fire Code and 40 hours training in the new Building Code (both effective July 2008) received a New York City Council Home Rule Message and overwhelmingly passed both houses of the NY State Legislature only to be vetoed by the Governor primarily for financial reasons. Since the mandate to provide the training has effec- tively been removed and the City of New York refuses to provide adequate training on building inspection and code enforcement, the bill will provide immunity from administrative action against New York City Fire Officers who, due to lack of such training, are effectively unable to properly conduct building inspections.
Prior legislative history
2018: S.1609 - Referred to Cities 2017: S.1609 - Referred to Cities 2015-6: S.1992 - 3rd Reading Calendar 2014: S.4421 - Referred to Cities 2013: S.4421 - 3rd Reading Calendar 2011-2: S.5334 - Referred to Cities Similar to: 2010: S.6784 - Veto Message 6824
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.