BILL NUMBER: S4535
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 well-being 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 has the authority to administer and
enforce the uniform fire prevention and building code and may petition
the secretary to have its authority restored.
Section 3: Sets effective date.
 
JUSTIFICATION:
According 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 thoroughly investigated the state building and fire prevention
code enforcement. 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 by local govern-
ments. 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
2019: N/A
2020: S7300B, Passed Senate
2021: S1830, Passed Senate
2022: S1830, Passed Senate
2023: S3354, Passed Senate
2024: S3354, Passed Senate
Assembly
2019: N/A
2020: A9631B, Amend and Recommit to Governmental Operations
2021: A392, Referred to Governmental Operations
2022: A392, Referred to Governmental Operations
2023: No Assembly Same-As
2024: No Assembly Same-As
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S4535: 381 executive law, 381(5) executive law