BILL NUMBER: S4534
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the executive law, in relation to ensuring proper admin-
istration and enforcement of the uniform fire prevention and building
code and the state energy conservation construction code; and to amend
the energy law, in relation to making conforming technical changes
 
PURPOSE:
This bill would strengthen the State's oversight authority over local
governments' administration and enforcement of the Uniform Code by
expanding the enforcement capabilities of the Department of State.
 
SUMMARY OF PROVISIONS:
Section 1: Amends section 372 of the executive law as it relates to
definitions.
Section 2: Amends section 381 of the executive law as it relates to
clarifying provisions for instances where the secretary would exercise
existing authority to enforce a local government's code. It authorizes
the Secretary to appoint an oversight officer to oversee a local govern-
ment's code enforcement program, clarify the Secretary's ability to
request the Attorney General to initiate an action compelling a local
government to enforce the Uniform Code and Energy Code provides the
Secretary the authority to designate a neighboring local government to
administer and enforce the code of a local government that is subject to
a Secretary's order, allow the Secretary to order a local government to
cease prosecutions of the uniform code. This section also provides tech-
nical and clarifying amendments necessary to ensure that any designation
by the Secretary to administer and enforce the code in a jurisdiction
has the tools and capability to take over such responsibilities. The
section authorizes the Secretary to develop a default code enforcement
program that may be enforced if a local government responsible for
administration and enforcement has not adopted its code enforcement
program.
Section 3: Amends section 382 of the executive law as it relates to
making technical amendments to penalties and remedies available to local
government for uniform code violations.
Section 4: Amends sections 11-102 of the energy law as they relate to a
conforming reference.
Section 5: Sets Effective Date
 
JUSTIFICATION:
The Department of State (DOS) currently oversees the administration and
enforcement of the Uniform Code and Energy Code by local governments.
However, the DOS has limited options to address a failure by a local
government to enforce and administer the code properly. If the local
government has been found, after an investigation, to have not enforced
the code in accordance with the minimum standards. In that case, the DOS
may initiate several oversight measures to protect the health, safety,
and security of the public. This bill would strengthen the State's over-
sight authority by enhancing the options for compliance, including
appointing an Oversight Officer, request for Attorney General action,
and designation of a county or adjoining local government to enforce the
code. In the rare circumstance that a local government fails to adminis-
ter and enforce the code properly, it is imperative that the State has
the tools to ensure that a functioning code enforcement program is in
place. This bill will help protect residents and first responders if
this occurs.
 
LEGISLATIVE HISTORY:
Senate
2021: N/A
2022: S9440, Referred to Housing, Construction, and Community Develop-
ment
2023: S3372A, Reported and Committed to Finance
2024: S3372A, Passed Senate
Assembly
2021: N/A
2022: A10437, Referred to Governmental Operations
2023: No Assembly Same-As
2024: No Assembly Same-As
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.