What's happening
This bill imposes civil penalties on building owners who know or should know about illegal alterations that impede emergency egress.
Why it matters
Strengthens accountability for building owners. by holding them liable not only if they actually knew about illegal alterations, but also if they reasonably should have known—raising the bar for due diligence and oversight.
Targets life-threatening hazards. by specifically penalizing alterations that block or restrict emergency exits, directly addressing dangerous conditions that can cause injury or death in emergencies like fires.
Imposes significant financial consequences. (up to $7,500 per violation), creating a strong deterrent against ignoring or overlooking illegal building changes that compromise safety.
Empowers enforcement. by giving authorities a clearer basis for imposing penalties, potentially leading to more proactive inspections and safer building management practices statewide.
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Who cares
Headline styles
Fine Owners for Unsafe Buildings
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to housing, construction and community development
- Referred to housing, construction and community development
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1771
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development
AN ACT to amend the executive law, in relation to subjecting owners who knew or should have known about an alteration in violation of the uniform code to a civil penalty
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 382 of the executive law is amended by adding a new subdivision 4 to read as follows:
4. Where a building has been altered in violation of any provision of the uniform code or any lawful order obtained thereunder, and such alteration impedes a person's egress from such building during a fire or other emergency evacuation, the owner of such building who has knowledge of such alteration or should have had knowledge of such alteration shall be subject to a civil penalty of up to seven thousand five hundred dollars.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01972-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to subjecting owners who knew or should have known about an alteration in violation of the uniform code to a civil penalty
Purpose of bill
To subject persons who own buildings to a civil penalty if a building is constructed or used in violation of the uniform fire prevention and building code in a manner that impedes egress during a fire or other emergency evacuation.
Summary of provisions
Section One - amends the executive law to impose a civil penalty of up to seven thousand five hundred dollars when the construction or use of a building impedes egress from the building during a fire or other emergency evacuation.
Section Two - this act will take effect immediately.
Justification
In recent years, there has been a proliferation of buildings that have been altered or otherwise used in a manner that violates the uniform fire prevention and building code in a manner that impedes egress during a fire or other emergency. In many instances, these unsafe conditions have resulted in the loss of life to tenants and other occupants of these buildings. In at least one instance, firefighters became trapped in a burning building when partitions were installed to create additional living quarters without regard to fire codes. This bill seeks to enhance penalties that may be imposed for creating these unsafe conditions.
Legislative history
2015-16: S3469 - Housing, Construction and Community Development. S.5041A of 2013 - Referred to Housing, Construction and Community Development. S.5041A of 2014 - Referred to Housing, Construction and Community Development.
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.