On Monday January 12, 2015, the New York Department of State adopted a regulation that fixes the time within which a person served with an Order to Remedy violation(s) of the Uniform Fire Prevention and Building Code (Uniform Code) must comply with that Order. Specifically, the regulation provides that an Order to Remedy a condition in violation of the Uniform Code must state that full compliance with the Order is required within 30 days after the date of the Order.
The regulation was added as a new section 1203.5 to 19 NYCRR Part 1203. Part 1203 establishes minimum standards for administration and enforcement of the Uniform Code. All cities, towns, villages, counties, and State agencies that are responsible for the administration and enforcement of the Uniform Code are required to comply with Part 1203, including the newly added section 1203.5.
Adoption of this regulation as an emergency rule makes it effective immediately upon filing.
- ALL ORDERS TO REMEDY ISSUED ON OR AFTER JANUARY 12, 2015 MUST STATE THE DATE OF THE ORDER AND MUST INCLUDE A STATEMENT SUBSTANTIALLY SIMILAR TO THE FOLLOWING:
NOTICE: Full compliance with this order to remedy is required by _____ [specify date], which is thirty (30) days after the date of this order. If the person or entity served with this order to remedy fails to comply in full with this order to remedy within the thirty (30) day period, that person or entity will be subject to a fine of not more than $1,000 per day of violation, or imprisonment not exceeding one year, or both.
- ALL ORDERS TO REMEDY ISSUED ON OR AFTER JANUARY 12, 2015 MUST BE SERVED, PERSONALLY OR BY CERTIFIED OR REGISTERED MAIL, WITHIN FIVE (5) DAYS OF THE DATE OF THE ORDER. See 19 NYCRR 1203.5(c). This requirement ensures that the person served with an Order to Remedy has at least 25 days following the date of service of the Order in which to comply with the Order. NOTE: If the city, town, village or State agency issuing an Order to Remedy does not serve the Order within five days of the date of the Order, the city, town, village or State agency must issue a new Order, and should ensure than the new Order is served within 5 days of the date of the new Order.
Read more about this new procedure here.