Spitzer Vetoes Bill Toughening Building Policy

By ARI PAUL

Governor Spitzer vetoed a bill Aug. 28 that would have required the Buildings Department to re-inspect hazardous building code violations every two months and to issue a stop-work order or initiate legal proceedings if problems are not fixed.

JAMES F. BRENNAN: 'Woeful enforcement.'

Calling it a well-intentioned bill in his veto statement, the Governor said that the bill was inconsistent with the city's new Building Code, which will take effect July 1, 2008.

Fears Duplication

"Moreover, I am concerned that the bill will result in duplicative and inefficient administrative and legal proceedings," he said. "As drafted, the bill will mandate a new notice of violation and a stop-work order or referral for civil legal proceedings if a hazardous condition has not been corrected at the time of the 60-day re-inspection. However, because it typically will take three or four months for the Environmental Control Board adjudicative process to conclude, requiring a re-inspection within 60 days - and every 60 days thereafter - will mean that, in many cases, the initial violation proceeding will not have been concluded at the time of the subsequent inspection."

He added: "Indeed, New York City estimates that it would cost up to $10 million to comply with the terms of this bill."

Assembly Member Jim Brennan, who sponsored the legislation, called the Governor's action "highly regrettable" and said that City Hall's objections lacked merit.

"The bill targeted persons and properties that were ignoring violations," he said in a statement. "The Deutsche Bank tragedy, with its two Firefighter deaths, was a grim reminder of the woeful inadequacies of the enforcement of the building and fire codes."