Western Southern Tier Building Officials  

the Association of Building and Zoning Code Enforcement Officers in and near Chautauqua County, New York 

54g Legislation

WSTBO,

Here are some good links to add – ICC ABM and Conference registration -
http://abm.iccsafe.org/2008/splash.html

Here’s the link on the code grant federal legislation where people can get information and sign the petition! -
http://www.iccsafe.org/government/congressional/code-grant/index.html

Also, I attached the 54-g draft letters that people can send to their NYS Senate and Assembly Members – only one month of session left so we have to really get the word out!  The bill has moved out of the Senate Insurance Committee, now it’s on to the Senate Finance Committee before it goes to the Senate Floor.  We also need to get it out the Assembly Insurance Committee and then to Assembly Ways and Means before it can go to the Assembly Floor.  So the more grass roots efforts the better!  Also attached are the talking points on the legislation if WSTBOA Members are able to get a meeting with their Senate or Assembly Member.

Take care and let me know if you need anything!    - Dottie

Dorothy M. Harris
Vice President, State and Local Government Relations North
International Code Council, Inc.
48 Dublin Drive
Niskayuna , New York   12309
888-ICC-SAFE (422-7233), x 7722 phone 518 -783-4570 facsimile

                     Highlights & Justification for the passage of S.3019B/A.10840
                         – An Act to amend section 54-g of the State Finance Law

The formula for distribution is based upon the number of permits and the number of inspections a jurisdiction performs in a calendar year.  Senator Seward is the Senate Sponsor and Assemblyman Gordon is the Assembly Sponsor.

The bullets below can be used when speaking to Members of the Legislature or members of the press.

    Estimated $10 – 20 million annually would be dispersed to local governments

     Annual distribution on moneys based upon prior calendar year’s annual inspections and permits.

     Local governments (cities, towns and villages) began receiving this revenue in March of 1982 until 1991 when it diverted to the General Fund.

     Revenue raised by a 2% surcharge on all commercial fire insurance premiums as directed by the Insurance Law Section 9108.  The legislative intent of the law was that money collected from this fee would be used for the assistance of code enforcement.

      Studies indicate that every dollar spent on building safer and stronger on average reduces losses from high wind damage, floods, earthquakes and other disasters by $4.

       The adoption of the International Codes have decreased the cost of construction in NYS and proper code enforcement of these codes has increased economic development (more building creates more permits and inspections) which has and will continue to increase the tax base in local governments.

       Building permits are a user fee vs. a tax and therefore help to support the building department budget. However, these fees alone, cannot, by regulation support the department entirely.  Therefore 54-g could fill that gap.

      Due to the new rehabilitation code, it is easier and more cost effective to renovate existing downtown structures which have lead to increased downtown revitalization and rebuilding.  As a result, the number of permits and inspections has increased for building departments.

      New Department of State regulations (1203) have become effective which require every local government to annually inspect “areas of public assembly” (where 100 or more people can gather).  This will put a financial and personnel strain on building and fire departments (depending on who is doing the enforcement).

      Veto message of the Laws of 2000 references the formula for the distribution of the money.  The previous formula had allowed counties to receive money based upon population and assessed value, which would have meant the counties, would be “double dipping” and therefore taking money away for cities, towns and villages.  The formula also did not provide any resources to the Department of State if they are providing code enforcement for the municipalities which have opted out of code enforcement.  The formula was changed in S.3019/A.1736A to reflect annual building department activity (annual permits and inspections) vs. population.

    54-g resources could assist local governments for travel expenses or on-line courses for the annual 24 hours on in-service training required by the Department of State for certified code enforcement officials.

    The Department of State will be purchasing memberships to the International Code Council as well as code books for all certified code enforcement officials however, there is no statutory requirement for this to continue. 

     Those in support of this legislation: New York State Building Officials Conference (NYSBOC), New York State Fire Marshals and Inspectors Association, Fireman’s Association of New York (FASNY), New York State Association of Fire Chiefs, and the New York State Fire Districts, the New York State Association of Towns & the New York Conference of Mayors

                   ----------------------------------------------------------------------------------------------

Dear Senator _____:

My name is _____.  I am a code enforcement official (or fire marshal, fire chief, firefighter) in the town/village of ________.  I am writing to urge your support of S.3019B sponsored by Senator James Seward. 

The passage of this legislation is critical as it would provide much needed funding for local governments for the enforcement of the Uniform Fire Prevention and Building Code. Prior to 1992, a surcharge was collected on all fire insurance policies to reimburse local governments for code enforcement expenses.  The justification for this surcharge was based upon the principal that proper code enforcement directly impacts life safety and property loss. In 1992, these funds were diverted to the General Fund and state assistance under this program for local code enforcement activities ceased. New York State recently experienced the historic adoption of new building, fire prevention, energy and plumbing codes, known as the International Codes.  It is imperative that funding be available to ensure that these codes stay current and allow for new methods, regulations and materials. Additionally, Part 1203 of Title 19 NYCRR, requires annual inspections for all areas of public assemblies and some commercial buildings in addition to the regulations currently requiring 24 hours of in-service training.   The resources provided in this legislation will assist local governments to comply with these requirements as well as ensuring proper code enforcement to protect the citizens of the State of New York while improving efficiency and safety.

Additionally, several organizations are also in support of this important legislation.  Supporters include:  The New York State Building Officials Conference (NYSBOC), The New York State Fire Marshals and Inspectors Association, The Fireman’s Association of New York (FASNY), The New York State Association of Fire Chiefs, The New York State Fire Districts, The New York State Association of Towns and The New York Conference of Mayors

Now that Chairman Seward has moved it out of the Senate Insurance Committee, I am asking that you urge Chairman Owen Johnson to place this bill on the Finance Committee agenda so that can go directly to the Senate Floor and pass again as it did in last year’s Legislative Session.  I would be happy to meet with you to discuss this important legislation at your convenience.  I can be reached at ________.

Thank you for your consideration of this important matter.

 Sincerely,

              ----------------------------------------------------------------------------------------------

Dear Assembly Member _____:

My name is _____.  I am a code enforcement official (or fire marshal, fire chief, firefighter) in the town/village of ________.  I am writing to urge your support of A.10840 sponsored by Assemblyman Joseph Morelle. 

The passage of this legislation is critical as it would provide much needed funding for local governments for the enforcement of the Uniform Fire Prevention and Building Code. Prior to 1992, a surcharge was collected on all fire insurance policies to reimburse local governments for code enforcement expenses.  The justification for this surcharge was based upon the principal that proper code enforcement directly impacts life safety and property loss. In 1992, these funds were diverted to the General Fund and state assistance under this program for local code enforcement activities ceased. New York State recently experienced the historic adoption of new building, fire prevention, energy and plumbing codes, known as the International Codes.  It is imperative that funding be available to ensure that these codes stay current and allow for new methods, regulations and materials. Additionally, Part 1203 of Title 19 NYCRR, requires annual inspections for all areas of public assemblies and some commercial buildings in addition to the regulations currently requiring 24 hours of in-service training.   The resources provided in this legislation will assist local governments to comply with these requirements as well as ensuring proper code enforcement to protect the citizens of the State of New York while improving efficiency and safety.

Additionally, several organizations are also in support of this important legislation.  Supporters include:  The New York State Fire Marshals and Inspectors Association, The New York State Building Officials Conference (NYSBOC), The Fireman’s Association of New York (FASNY), The New York State Association of Fire Chiefs, The New York State Fire Districts, The New York State Association of Towns and The New York Conference of Mayors

I am asking that you urge Chairman Joseph Morelle to place this bill on the next Insurance Committee agenda and that it go directly to the Assembly Floor for passage in this Legislative Session.  I would be happy to meet with you to discuss this important legislation at your convenience.  I can be reached at ________.

Thank you for your consideration of this important matter.

 Sincerely,