Executive Order 202.11

 
Executive Order 202.11
 
Late on Friday March 27, 2020 the Governor released Executive Order 202.11 that brings enforcement to the local level.  
 
In short, 202.11 makes non-compliance with occupancy levels or the operation of a facility or business that has been ordered closed a violation of the New York State Uniform Fire Prevention and Building Code (Uniform Code). Building Safety Inspectors, Code Enforcement Officers, and Fire Marshalls are now authorized to issue notices to vacate, appearance tickets, orders to remedy, and other actions to enforce the COVID-19 response measures in the Executive Orders in regard to occupancy levels and mandatory closure of facilities. At the end of this email is the language of 202.11 with the relevant provisions. Also.. a section detailing what construction is still permitted and what is not.
 
With these new responsibilities CEO’s will, as is the case with their normal responsibilities, have to address complaints they receive.  As always, CEO response should begin with education before official actions are issued, and, if necessary, CEO’s should call 9-1-1 for assistance by law enforcement. Conversely, CEO’s may be contacted by law enforcement to determine occupancy levels that are acceptable and to issue official paperwork, including appearance tickets, that may lead to fines if and when law enforcement is unable to persuade people to close a business/facility or reduce occupancy levels.
 
 
The New York State Building Officials Conference | www.nysboc.net