N.Y. Executive Law 382 – Remedies
§ 382. Remedies. 1. In addition to and not in limitation of any power otherwise granted by law, every local government and its authorized agents shall have the power to order in writing the remedying of any condition found to exist in, on or about any building in violation of the uniform fire prevention and building code and to issue appearance tickets for violations of the uniform code.
Terms Used In N.Y. Executive Law 382
- Building: means a combination of any materials, whether portable or fixed, having a roof, to form a structure affording shelter for persons, animals or property. See N.Y. Executive Law 372
- code: means the New York state uniform fire prevention and building code promulgated pursuant to section three hundred seventy-seven of this article. See N.Y. Executive Law 372
- Construction: means the construction, reconstruction, alteration, conversion, repair, installation of equipment or use of buildings, and requirements or standards relating to or affecting materials used in connection therewith, including provisions for safety and sanitary conditions. See N.Y. Executive Law 372
- Equipment: means plumbing, heating, electrical, ventilating, air conditioning, refrigerating equipment, elevators, dumb waiters, escalators and other mechanical additions or installations. See N.Y. Executive Law 372
- Local government: means a village, town (outside the area of any incorporated village) or city. See N.Y. Executive Law 372
- Secretary: means the secretary of state. See N.Y. Executive Law 372
2. Any person, having been served, either personally or by registered or certified mail, with an order to remedy any condition found to exist in, on, or about any building in violation of the uniform fire prevention and building code, who shall fail to comply with such order within the time fixed by the regulations promulgated by the secretary pursuant to subdivision one of section three hundred eighty-one of this article, such time period to be stated in the order, and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction of any building who shall knowingly violate any of the applicable provisions of the uniform code or any lawful order of a local government, a county or the secretary made thereunder regarding standards for construction, maintenance, or fire protection equipment and systems, shall be punishable by a fine of not more than one thousand dollars per day of violation, or imprisonment not exceeding one year, or both for the first one hundred eighty days, and for the following one hundred eighty days shall be punishable by a fine of no less than twenty-five dollars and not more than one thousand dollars per day of violation or imprisonment not exceeding one year, or both and thereafter shall be punishable by a fine of no less than fifty dollars and not more than one thousand dollars per day of violation or imprisonment not exceeding one year, or both.
3. Where the construction or use of a building is in violation of any provision of the uniform code or any lawful order obtained thereunder, a justice of the supreme court, New York city civil court, a city court, district court or county court may order the removal of the building or an abatement of the condition in violation of such provisions. An application for such relief may be made by the secretary, an appropriate municipal officer, or any other person aggrieved by the violation.
4. In addition to any other applicable remedy or penalty, where a building has been altered in violation of any provision of the uniform code or any lawful order obtained thereunder, and such alteration impedes a person's egress from such building during a fire or other emergency evacuation, the owner of such building, and any builder, architect, contractor, subcontractor or construction superintendent, or agent thereof who has knowledge of such alteration, or owner who reasonably should have had knowledge of such alteration based on either an inspection or repair of a leased premises with consent from the tenant, shall be subject to a civil penalty of up to seven thousand five hundred dollars.