BILL NUMBER: S3354
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the executive law, in relation to conducting investi-
gations into the administration and enforcement of the New York state
uniform fire prevention and building code and the New York state energy
conservation construction code
 
PURPOSE:
To protect the health and wellbeing of New Yorkers by giving the Secre-
tary of State new tools to deal with situations when a local government
fails to meet the minimum standards for enforcing and administering the
building and fire prevention code.
 
SUMMARY OF PROVISIONS:
Section 1: Amends section 381 of the executive law to:
1. Require that if a county provides official notice to the Secretary of
State that a municipality within a county is not providing adminis-
tration and enforcement of the uniform fire prevention and building code
that complies with the minimum standards, the Secretary shall investi-
gate and may conduct hearings, in accordance with existing provisions
that allow the Secretary to investigate and conduct hearings into
alleged failure of local code enforcement.
2. Require the Secretary to transfer responsibility for administering
and enforcing the uniform fire prevention code from a local government
to the county in which that government is located if the
Secretary's investigation finds that the local government is not failing
to meet the minimum standards for enforcement and administration, the
county has requested the authority to enforce and administer the code,
and the Secretary has not found that the county would be unable to
assume the responsibility.
Section 2: Amends section 381 of the Executive Law to set forth a proc-
ess by which a local government that has had its authority to administer
and enforce the uniform fire prevention and building code may petition
the secretary to have its authority restored.
Section 3: Sets effective date.
 
JUSTIFICATION:
Pursuant to Executive Law § 381, if the Secretary of State determines
that a local government is not meeting the minimum standards required,
the Secretary of State can designate the county in which a local govern-
ment is located to carry out the responsibility of administering and
enforcing the Uniform Code for buildings within the local government's
jurisdiction. In 2019, the Senate Investigations & Government Operations
Committee conducted a thorough investigation into enforcement of the
state building and fire prevention code. Throughout the investigation,
the investigative team received calls from counties across New York
State, requesting that local governments within their jurisdiction be
investigated; such requests highlight the need for additional oversight
local governments. Executive Law § 381 should be amended to accommodate
such requests. Specifically, counties should be empowered to petition
the Secretary of State to remove the authority of local governments to
administer and enforce the Uniform Code and empower the county to
perform the code enforcement responsibilities.
 
LEGISLATIVE HISTORY:
Senate
2020- S7300B Referred to Governmental Operations
2021-2022- S1830, Passed Senate
Assembly
2020- A9631B Amend and Recommit to Governmental Operations
2021-2022- A340, Referred to Governmental Operations
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S3354: 381 executive law, 381(5) executive law