BILL NUMBER: S2418
SPONSOR: COMRIE
 
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 thou-
sand 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 compli-
ance 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:
2022: S4708
2017-18: S774/A1490 - HOUSING, CONSTRUCTION AND COMMUNITY
DEVELOPMENT/gov't operations
2015-16: S1189/A2665 - Housing, Construction & Community
Development/Government Operations
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.

Statutes affected:
S2418: 382 executive law, 382(2) executive law