STATE OF NEW YORK ________________________________________________________________________ 5620--A 2023-2024 Regular Sessions IN ASSEMBLY March 17, 2023 ___________ Introduced by M. of A. ZEBROWSKI -- read once and referred to the Committee on Governmental Operations -- recommitted to the Committee on Governmental Operations in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 372 of the executive law, as amended by chapter 309 2 of the laws of 1996, subdivision 3 as amended by chapter 159 of the laws 3 of 2007 and subdivision 19 as added by chapter 119 of the laws of 2001, 4 is amended to read as follows: 5 § 372. Definitions. As used in this article, the following terms shall 6 have the meaning ascribed to them, unless the context otherwise 7 requires: 8 1. "Administrator" means the state fire administrator established 9 pursuant to article six-C of this chapter. 10 2. "Applicable code enforcement program" means the program established 11 by a local government or county pursuant to the regulations promulgated 12 pursuant to subdivision one of section three hundred eighty-one of this 13 article, or, where so provided in subdivision two of section three 14 hundred eighty-one of this article, the secretary's code enforcement 15 program, or, where so provided in subdivision seven of section three 16 hundred eighty-one of this article the default code enforcement program. 17 3. "Areas of public assembly" means all buildings or portions of 18 buildings used for gathering together fifty or more persons for amuse- 19 ment, athletic, civic, dining, educational, entertainment, patriotic, 20 political, recreational, religious, social, or similar purposes, the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04713-05-4
A. 5620--A 2 1 entire fire area of which they are a part, and the means of egress ther- 2 efrom. 3 [3.] 4. "Building" means a combination of any materials, whether port- 4 able or fixed, having a roof, to form a structure affording shelter for 5 persons, animals or property. The word "building" shall be construed 6 when used herein as though followed by the words "or part or parts ther- 7 eof" unless the context clearly requires a different meaning. The term 8 "building" shall also mean "factory manufactured home" and "mobile 9 home". The term "building" shall not include a "temporary greenhouse". 10 [4.] 5. "Construction" means the construction, reconstruction, alter- 11 ation, conversion, repair, installation of equipment or use of build- 12 ings, and requirements or standards relating to or affecting materials 13 used in connection therewith, including provisions for safety and sani- 14 tary conditions. 15 [5.] 6. "Council" means the state fire prevention and building code 16 council created by this article. 17 [6.] 7. "Default code enforcement program" means the code enforcement 18 program established by the rules and regulations promulgated pursuant to 19 subdivision seven of section three hundred eighty-one of this article. 20 8. "Department" means the department of state. 21 [7.] 9. "Equipment" means plumbing, heating, electrical, ventilating, 22 air conditioning, refrigerating equipment, elevators, dumb waiters, 23 escalators and other mechanical additions or installations. 24 [8.] 10. "Factory manufactured home" means a structure designed prima- 25 rily for residential occupancy constructed by a method or system of 26 construction whereby the structure or its components are wholly or in 27 substantial part manufactured in manufacturing facilities, intended or 28 designed for permanent installation, or assembly and permanent installa- 29 tion, on a building site. 30 [9.] 11. "Fire area" means the floor area of a story of a building 31 within exterior walls, party walls, fire walls, or any combination ther- 32 eof. 33 [10.] 12. "Fire protection equipment and systems" means apparatus, 34 assemblies, or systems, either portable or fixed, for use to detect, 35 prevent, control, or extinguish fire. 36 [11.] 13. "Local government" means a village, town (outside the area 37 of any incorporated village) or city. 38 [12.] 14. "Means of egress" means a continuous unobstructed way of 39 exit from any point in a building or structure to a public way. A means 40 of egress comprises the vertical and horizontal ways of travel and 41 includes intervening room spaces, doorways, hallways, corridors, 42 passageways, balconies, ramps, stairs, enclosures, lobbies, escalators, 43 horizontal exits, courts, and yards. 44 [13.] 15. "Mobile home" means a moveable or portable unit designed and 45 constructed to be towed on its own chassis, comprised of frame and 46 wheels, connected to utilities, and designed and constructed without a 47 permanent foundation for year-round living. A unit may contain parts 48 that may be folded, collapsed or telescoped when being towed and 49 expanded later to provide additional cubic capacity as well as two or 50 more separately towable components designed to be joined into one inte- 51 gral unit capable of being again separated into the components for 52 repeated towing. "Mobile home" shall mean units designed to be used 53 exclusively for residential purposes, excluding travel trailers. 54 [14.] 16. "Office" means the office of fire prevention and control 55 created pursuant to article six-C of this chapter.
A. 5620--A 3 1 [15.] 17. "Permit or certificate of occupancy provision" shall mean 2 any provision in the applicable code enforcement program that: (a) 3 prohibits performance of any work that must conform with the uniform 4 code and/or state energy code unless a building permit, construction 5 permit, demolition permit, or similar permit has been issued, has not 6 been suspended or revoked, and has not expired; (b) prohibits the 7 continuation of work after a stop work order has been issued; (c) 8 prohibits the conduct of any activity or the use of any category of 9 building specified in the rules and regulations promulgated pursuant to 10 subdivision one of section three hundred eighty-one of this article 11 unless an operating permit has been issued, has not been suspended or 12 revoked, and has not expired; or (d) prohibits the use or occupancy of a 13 building or the change of any use or occupancy of a building unless a 14 certificate of occupancy, certificate of completion, or similar certif- 15 icate has been issued, has not been suspended or revoked, and has not 16 expired. 17 18. "Required features" means the features required by the rules and 18 regulations promulgated pursuant to subdivision one of section three 19 hundred eighty-one of this article to be included in a code enforcement 20 program. 21 19. "Secretary" means the secretary of state. 22 [16.] 20. "Secretary's code enforcement program" means those rules and 23 regulations promulgated pursuant to subdivision one of section three 24 hundred eighty-one of this article that are applicable in situations in 25 which the secretary administers and enforces the uniform code in the 26 place and stead of the local government or county. 27 21. "State agency" means any department, bureau, commission, board, 28 public authority or other agency of the state, including any public 29 benefit corporation any member of whose board is appointed by the gover- 30 nor. 31 [17.] 22. "Temporary greenhouse" means specialized agricultural equip- 32 ment having a framework covered with demountable polyurethane materials 33 or materials of polyurethane nature and lacking a permanent and contin- 34 uous foundation, which is specifically designed, constructed and used 35 for the culture and propagation of horticultural commodities. A "tempo- 36 rary greenhouse" may include, but is not limited to, the use of heating 37 devices, water and electrical utilities, and supporting poles embedded 38 in non-continuous concrete. In no instance will a temporary greenhouse 39 be used for the retail sale of any farm or non-farm products. 40 [18. "Uniform code" or "code" means the New York state uniform fire 41 prevention and building code promulgated pursuant to section three 42 hundred seventy-seven of this article. 43 19.] 23. "Truss type construction" means a fabricated structure of 44 wood or steel, made up of a series of members connected at their ends to 45 form a series of triangles to span a distance greater than would be 46 possible with any of the individual members on their own. 47 24. "Uniform code" or "code" means the New York state uniform fire 48 prevention and building code promulgated pursuant to section three 49 hundred seventy-seven of this article. 50 § 2. Subdivisions 2, 3, 4 and 5 of section 381 of the executive law, 51 subdivision 2 as amended by chapter 560 of the laws of 2010 and subdivi- 52 sions 3, 4 and 5 as added by chapter 707 of the laws of 1981, are 53 amended, subdivision 6 is renumbered subdivision 8 and two new subdivi- 54 sions 6 and 7 are added to read as follows: 55 2. Except as may be provided in regulations of the secretary pursuant 56 to subdivision one of this section, and subject to the provisions relat-
A. 5620--A 4 1 ing to cities with a population of over one million as set forth in 2 paragraph c of subdivision one of section three hundred eighty-three of 3 this article, every local government shall administer and enforce the 4 uniform fire prevention and building code and the state energy conserva- 5 tion construction code on and after the first day of January, nineteen 6 hundred eighty-four, provided, however, that a local government may 7 enact a local law prior to the first day of July in any year providing 8 that it will not enforce such codes on and after the first day of [Janu- 9 ary] April next succeeding. In such event the county in which said local 10 government is situated shall administer and enforce such codes within 11 such local government from and after the first day of [January] April 12 next succeeding the effective date of such local law, in accordance with 13 the provisions of paragraph b of subdivision five of this section unless 14 the county shall have previously enacted a local law providing that it 15 will not enforce such codes within that county. In such event the secre- 16 tary in the place and stead of the local government shall, directly or 17 by [contract] using the services of any contractors or other third-party 18 providers as the secretary may deem to be qualified, administer and 19 enforce the uniform code and the state energy conservation construction 20 code within such local government on and after the first day of April 21 next succeeding. A county that is responsible for administering and 22 enforcing such codes within a local government pursuant to the foregoing 23 provisions of this subdivision may enact a local law prior to the first 24 day of October in any year providing that it will not enforce such codes 25 within such local government on and after the first day of April next 26 succeeding. In such event, the secretary, in the place and stead of such 27 local government, shall, directly or by using the services of any 28 contractors or other third-party providers as the secretary may deem to 29 be qualified, administer and enforce such codes in such local government 30 from and after the first day of April next succeeding. A local govern- 31 ment that adopts a local law providing that it will not enforce such 32 codes on and after the first day of April next succeeding shall promptly 33 notify the county in which such local government is located and the 34 secretary of the adoption of such local law. A county that adopts a 35 local law providing that it will not enforce such codes on and after the 36 first day of April next succeeding shall promptly notify each local 37 government in which such county is administering and enforcing such 38 codes and the secretary of the adoption of such local law. A local 39 government or a county may repeal a local law which provides that it 40 will not enforce such codes and shall thereafter administer and enforce 41 such codes as provided above. Two or more local governments may provide 42 for joint administration and enforcement of the uniform code, the state 43 energy conservation construction code, or both, by agreement pursuant to 44 article five-G of the general municipal law. Any local government may 45 enter into agreement with the county in which such local government is 46 situated to administer and enforce the uniform code, the state energy 47 conservation construction code, or both, within such local government. 48 Local governments or counties that administer and enforce the uniform 49 code, the state energy conservation construction code, or both, may 50 charge and collect fees to defray the costs of administration and 51 enforcement. Where the secretary is responsible for administration and 52 enforcement of the uniform code and state energy conservation 53 construction code within a local government pursuant to this subdivision 54 or pursuant to paragraph e of subdivision four of this section, (a) the 55 secretary shall administer and enforce the codes in accordance with the 56 provisions of the secretary's code enforcement program; (b) such rules
A. 5620--A 5 1 and regulations shall be deemed to be the applicable code enforcement 2 program for the purposes of section three hundred eighty-two of this 3 article; and (c) the secretary may charge and collect fees to defray the 4 costs of administration and enforcement. 5 3. On and after the first day of July, nineteen hundred eighty-five, 6 the secretary shall have power to investigate [and conduct hearings 7 relative to] whether administration and enforcement of the uniform fire 8 prevention and building code and the state energy conservation 9 construction code complies with the minimum standards promulgated pursu- 10 ant to subdivision one of this section. In connection with any such 11 investigation, the secretary shall have the power to issue subpoenas 12 compelling the testimony of witnesses, the production of documents, or 13 both, and the power, at the secretary's discretion, to conduct one or 14 more hearings. At least ten days written notice of any such hearing 15 shall be provided to the elective or appointive chief executive officer 16 or, if there be none, the chairman of the legislative body of the local 17 government or county whose administration and enforcement of the uniform 18 code and state energy conservation construction code is at issue. 19 4. If the secretary determines that a local government has failed to 20 administer and enforce the uniform fire prevention and building code 21 and/or the state energy conservation construction code in accordance 22 with the minimum standards promulgated pursuant to subdivision one of 23 this section, the secretary shall take any of the following actions, 24 either individually or in combination in any sequence: 25 a. The secretary may issue an order compelling compliance by such 26 local government with the minimum standards [for administration and 27 enforcement of the uniform code] promulgated pursuant to subdivision one 28 of this section. 29 b. The secretary may appoint and remove any person deemed qualified by 30 the secretary as an oversight officer, who shall have the power and 31 authority to do any of the following, at the discretion of the oversight 32 officer: 33 (i) observe, review records and report on compliance by such local 34 government with the minimum standards promulgated pursuant to subdivi- 35 sion one of this section; 36 (ii) direct all or any part of the code enforcement activities of the 37 local government's code enforcement personnel; and 38 (iii) take any other steps deemed by the oversight officer to be 39 necessary or appropriate to ensure that the uniform code and state ener- 40 gy conservation construction code are administered and enforced within 41 such local government in a due and proper manner and in compliance with 42 the minimum standards promulgated pursuant to subdivision one of this 43 section. Any person who is appointed as an oversight officer pursuant 44 to this paragraph shall be deemed to be a state officer under section 45 two of the public officers law. 46 c. The secretary may ask the attorney general to institute in the name 47 of the secretary an action or proceeding seeking appropriate legal or 48 equitable relief to require such local government to administer and 49 enforce the uniform code and state energy conservation construction code 50 in a due and proper manner and in compliance with the minimum standards 51 promulgated pursuant to subdivision one of this section, including but 52 not limited to requiring such local government to take specific remedial 53 actions, such as establishing and enforcing an effective code enforce- 54 ment program, conducting fire safety and property maintenance 55 inspections, increasing the frequency of fire safety and property main- 56 tenance inspections, and taking enforcement actions that are timely and
A. 5620--A 6 1 responsive to circumstances associated with the property in question 2 when violations are identified. 3 [c. the] d. The secretary may designate the county in which such local 4 government is located, or any other local government that adjoins or is 5 reasonably proximate to such local government, to administer and enforce 6 the uniform code and state energy conservation construction code in such 7 local government. Designation of an adjoining or reasonably proximate 8 local government shall be subject to the consent of the supervisor or 9 mayor, as applicable, of such local government. In the case of such 10 designation, the provisions of subdivision five of this section shall 11 apply. 12 [d.] e. The secretary may, in the place and stead of the local govern- 13 ment, directly or by using the services of any contractors or other 14 third-party providers as the secretary may deem to be qualified, admin- 15 ister and enforce the uniform code and state energy conservation 16 construction code in such local government in accordance with the [mini- 17 mum standards promulgated pursuant to subdivision one of this section] 18 secretary's code enforcement program. In such event, the provisions of 19 subdivision five of this section shall apply. 20 f. The secretary may designate the county in which such local govern- 21 ment is located, any other local government that adjoins or is reason- 22 ably proximate to such local government, or the department of state to 23 perform within such local government such types and classes of code 24 enforcement activities, such as permit application review and approval, 25 construction inspections, and fire safety and property maintenance 26 inspections, as the secretary may specify. Designation of an adjoining 27 or reasonably proximate local government shall be subject to the consent 28 of the supervisor or mayor, as applicable, of such local government. In 29 the case of such designation, the provisions of subdivision six of this 30 section shall apply. 31 g. The secretary may order a local government to cease prosecution of 32 violations of the uniform code and order that such violations be prose- 33 cuted pursuant to section seven hundred of the county law. 34 5. Where the secretary has designated a county or adjoining or reason- 35 ably proximate local government to administer and enforce the uniform 36 fire prevention and building code and state energy conservation 37 construction code within a local government pursuant to paragraph d of 38 subdivision four of this section, or has assumed authority for adminis- 39 tration and enforcement of the uniform fire prevention and building code 40 and state energy conservation construction code within a local govern- 41 ment pursuant to [subdivision two or] paragraph [d] e of subdivision 42 four of this section: 43 a. [Such] The local government [or county government] that is not 44 administering or enforcing the uniform code and state energy conserva- 45 tion construction code in accordance with minimum standards shall not 46 administer and enforce the uniform code or state energy conservation 47 construction code, and shall not charge or collect fees for such admin- 48 istration and enforcement. 49 b. [Such] The designated county or local government or the secretary 50 shall administer and enforce the uniform code within [such] the local 51 government whose administration and enforcement of the uniform code and 52 state energy conservation construction code has not met the minimum 53 standards from and after the date of such designation or assumption. 54 Such administration and enforcement shall apply the minimum standards 55 promulgated by the secretary pursuant to subdivision one of this 56 section. Notwithstanding any other provisions of law, such designated
A. 5620--A 7 1 county or local government or the secretary shall have full power to 2 administer and enforce the uniform code [in accordance with such] and 3 state energy conservation construction code in the local government 4 whose administration and enforcement of the uniform code and state ener- 5 gy conservation construction code has not met the minimum standards, 6 including the power to charge and collect fees for such administration 7 and enforcement. 8 c. The secretary shall designate the local government [or county 9 government] whose administration and enforcement of the uniform code and 10 state energy conservation construction code did not meet the minimum 11 standards to resume administration and enforcement of the uniform code 12 when the secretary is satisfied that such local government [or county] 13 will provide such administration and enforcement in compliance with the 14 minimum standards promulgated pursuant to subdivision one of this 15 section. 16 d. The provisions of subdivisions three and four of this section shall 17 apply to counties [which have been designated to administer and enforce 18 the uniform code in such local government] that are responsible for 19 administration and enforcement of the uniform code and state energy 20 conservation construction code within a local government pursuant to 21 subdivision two of this section, to counties that have been designated 22 to administer and enforce the uniform code and state energy conservation 23 construction code within a local government pursuant to paragraph d of 24 subdivision four of this section, and to local governments that have 25 been designated to administer and enforce the uniform code and state 26 energy conservation construction code within another local government 27 pursuant to paragraph d of subdivision four of this section. Where the 28 provisions of subdivisions three and four of this section are applicable 29 to a county, references in those subdivisions to a local government 30 whose administration and enforcement of the uniform code and state ener- 31 gy conservation construction code have been determined by the secretary 32 to have not met the minimum standards shall be construed as references 33 to such county. 34 6. Where the secretary has designated a county, another local govern- 35 ment, or the department to perform specified types and classes of code 36 enforcement activities within a local government pursuant to paragraph f 37 of subdivision four of this section: 38 a. The local government whose administration and enforcement of the 39 uniform code and state energy conservation construction code has not met 40 the minimum standards shall not perform the types and classes of code 41 enforcement activities specified in such designation and shall accept 42 performance of such types and classes of code enforcement activities by 43 the designee; 44 b. The local government whose administration and enforcement of the 45 uniform code and state energy conservation construction code has not met 46 the minimum standards shall reimburse the designee for any reasonable 47 costs and expenses incurred by the designee in performing the designated 48 types and classes of code enforcement activities; and 49 c. The secretary shall designate the local government whose adminis- 50 tration and enforcement of the uniform code and state energy conserva- 51 tion construction code has not met the minimum standards to resume 52 performance of the designated types and classes of code enforcement 53 activities when the secretary is satisfied that such local government 54 will perform such activities in a due and proper manner and will other- 55 wise provide administration and enforcement of the uniform code and
A. 5620--A 8 1 state energy conservation construction code in compliance with the mini- 2 mum standards promulgated pursuant to subdivision one of this section. 3 7. a. The secretary is authorized to promulgate, and to amend from 4 time to time, rules and regulations establishing a default code enforce- 5 ment program. Such default code enforcement program shall include 6 provisions establishing the required features and such other provisions 7 as the secretary may deem to be appropriate for inclusion in a code 8 enforcement program. Such default code enforcement program shall also 9 establish fees to be charged by any local government or county that 10 administers and enforces the uniform code and/or energy code in accord- 11 ance with the provisions of the default code enforcement program. 12 b. Any local government or county responsible for administration and 13 enforcement of the uniform code and/or state energy code within a local 14 government that has not established its own code enforcement program 15 shall administer and enforce the uniform code and/or energy code in 16 accordance with the provisions of the default code enforcement program. 17 c. Any local government or county that administers and enforces the 18 uniform code and/or energy code in accordance with the provisions of the 19 default code enforcement program pursuant to paragraph b of this subdi- 20 vision shall, through its chief executive officer, have full power and 21 authority to designate the public officer or agency authorized to issue 22 an appearance ticket, and a public officer who, by virtue of office, 23 title or position, is authorized or required to enforce the provisions 24 of the uniform code and the state energy conservation construction code 25 and the provisions of the default code enforcement program as fully and 26 with the same force and effect as such local government or county would 27 have to enforce provisions established by a local law, ordinance, or 28 regulation enacted or adopted by such local government or county. The 29 designation authorized by this paragraph shall not take effect until it 30 has been filed with the department of state, and must be maintained on 31 the website of such local government or county unless and until such 32 local government or county passes a local law delegating the enforcement 33 authority referenced in this paragraph. 34 d. Where a local government or county is administering and enforcing 35 the uniform code and/or energy code in accordance with the provisions of 36 the default code enforcement program pursuant to paragraph b of this 37 subdivision, the default code enforcement program shall be deemed the 38 applicable code enforcement program for the purposes of section three 39 hundred eighty-two of this article. 40 § 3. Section 382 of the executive law, as added by chapter 707 of the 41 laws of 1981, subdivision 2 as amended by chapter 571 of the laws of 42 2021, subdivision 3 as amended by chapter 507 of the laws of 2021 and 43 subdivision 4 as amended by chapter 47 of the laws of 2021, is amended 44 to read as follows: 45 § 382. Remedies. 1. In addition to and not in limitation of any power 46 otherwise granted by law, every local government and its authorized 47 agents shall have the power to order in writing the remedying of any 48 condition found to exist in, on or about any building in violation of 49 the uniform fire prevention and building code and to issue appearance 50 tickets for violations of the uniform code. 51 2. Failure to comply with the uniform fire prevention and building 52 code, permit or certificate of occupancy provision of the code enforce- 53 ment program, or order. Any person or entity, having been served, either 54 personally or by registered or certified mail, with an order to remedy 55 any condition found to exist in, on, or about any building in violation 56 of the uniform fire prevention and building code, who shall fail to
A. 5620--A 9 1 comply with such order within the time fixed by the regulations promul- 2 gated by the secretary pursuant to subdivision one of section three 3 hundred eighty-one of this article, such time period to be stated in the 4 order, and any owner, builder, architect, tenant, contractor, subcon- 5 tractor, construction superintendent or their agents or any other person 6 taking part or assisting in the construction of any building who shall 7 knowingly violate (i) any of the applicable provisions of the uniform 8 code, (ii) any permit or certificate of occupancy provision of the 9 applicable code enforcement program, or (iii) any lawful order of a 10 local government, a county or the secretary made [thereunder] under the 11 uniform code or under the applicable code enforcement program regarding 12 standards for construction, maintenance, or fire protection equipment 13 and systems, shall be punishable by a fine of not more than one thousand 14 dollars per day of violation, or imprisonment not exceeding one year, or 15 both for the first one hundred eighty days, and for the following one 16 hundred eighty days shall be punishable by a fine of no less than twen- 17 ty-five dollars and not more than one thousand dollars per day of 18 violation or imprisonment not exceeding one year, or both and thereafter 19 shall be punishable by a fine of no less than fifty dollars and not more 20 than one thousand dollars per day of violation or imprisonment not 21 exceeding one year, or both. 22 3. Where the construction or use of a building is in violation of (i) 23 any provision of the uniform code [or any lawful order obtained there- 24 under], (ii) any permit or certificate of occupancy provision of the 25 applicable code enforcement program, or (iii) any provision of any 26 lawful order made under this article, under the uniform code, or under 27 the applicable code enforcement program, a justice of the supreme court, 28 New York city civil court, a city court, district court or county court 29 may order the removal of the building or an abatement of the condition 30 in violation of such provisions. Where a person or entity, having been 31 served with any lawful order made under this article, under the uniform 32 code, or under the applicable code enforcement program, shall fail to 33 comply with such order, a justice of the supreme court, New York city 34 civil court, a city court, district court or county court may order 35 compliance with such order. An application for such relief may be made 36 by the secretary, an appropriate municipal officer, or any other person 37 aggrieved by the violation. 38 4. In addition to any other applicable remedy or penalty, where a 39 building has been altered in violation of any provision of the uniform 40 code or any lawful order obtained [thereunder] under this article, under 41 the uniform code, or under the applicable code enforcement program, and 42 such alteration impedes a person's egress from such building during a 43 fire or other emergency evacuation, the owner of such building, and any 44 builder, architect, contractor, subcontractor or construction super- 45 intendent, or agent thereof who has knowledge of such alteration, or 46 owner who reasonably should have had knowledge of such alteration based 47 on either an inspection or repair of a leased premises with consent from 48 the tenant, shall be subject to a civil penalty of up to seven thousand 49 five hundred dollars. 50 5. (a) Notwithstanding any other provision of law, all fines imposed 51 and collected for any violation of this section shall be paid at least 52 monthly into the treasury of the local government in which such 53 violation occurred, unless: (i) the county is administering and enforc- 54 ing the uniform fire prevention and building code and state energy 55 conservation construction code in such local government as provided by 56 subdivision two or four of section three hundred eighty-one of this
A. 5620--A 10 1 article, in which case such fines and penalties collected in cases aris- 2 ing out of the violation of this section shall be paid at least monthly 3 into the treasury of the county, (ii) an adjoining or reasonably proxi- 4 mate local government is administering and enforcing the uniform fire 5 prevention and building code and state energy conservation construction 6 code in such local government as provided by subdivision four of section 7 three hundred eighty-one of this article, in which case such fines and 8 penalties collected in cases arising out of the violation of this 9 section shall be paid at least monthly into the treasury of such adjoin- 10 ing or reasonably proximate local government, or (iii) the secretary is 11 administering and enforcing the uniform fire prevention and building 12 code and state energy conservation construction code in such local 13 government as provided by subdivision two or four of section three 14 hundred eighty-one of this article, in which case such fines and penal- 15 ties collected in cases arising out of the violation of this section 16 shall be paid at least monthly into the general fund established by 17 section seventy-two of the state finance law. Where two or more local 18 governments have provided for joint administration and enforcement of 19 the uniform code, the state energy conservation construction code, or 20 both, by agreement pursuant to article five-G of the general municipal 21 law, such local governments may provide in such agreement for a differ- 22 ent distribution of such fines. 23 (b) The civil penalties provided in subdivision four of this section 24 may be recovered in an appropriate action or proceeding commenced by the 25 local government, county, or state agency responsible for administration 26 and enforcement of the uniform code with respect to the building that 27 was altered in violation of any provision of the uniform code or any 28 lawful order obtained under this article, under the uniform code, or 29 under the applicable code enforcement program, and shall be payable to 30 the treasury of such local government, the treasury of such county, or 31 the general fund of the state of New York, as applicable. 32 § 4. Subdivision 15 of section 11-102 of the energy law, as amended by 33 chapter 560 of the laws of 2010 and renumbered by chapter 374 of the 34 laws of 2022, is amended to read as follows: 35 15. "Residential building." Any building which is designed or is to be 36 used primarily as a dwelling or household as defined by the state fire 37 prevention and building code council, including any factory manufactured 38 home as defined in subdivision [eight] ten of section three hundred 39 seventy-two of the executive law and any mobile home as defined in 40 subdivision [thirteen] fifteen of section three hundred seventy-two of 41 the executive law. 42 § 5. This act shall take effect immediately.