Bill Text: NY A04563 | 2019-2020 | General Assembly | Introduced

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Bill Title: Authorizes local governments to adopt or enact local laws, codes or ordinances imposing higher or more restrictive standards than the New York state fire prevention and building code, relating to the presence of lead in buildings; such local laws, codes and ordinances shall not be subject to the review of the state fire prevention and building code council.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental operations [A04563 Detail]

Download: New_York-2019-A04563-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4563
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Governmental Operations
        AN ACT to amend the executive law  and  the  general  business  law,  in
          relation  to  authorizing local governments to adopt and enforce local
          laws and ordinances relating to  the  abatement  of,  remediation  of,
          presence of and testing for lead in buildings
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section  379  of  the  executive  law,  as
     2  amended  by chapter 348 of the laws of 2017, is amended and a new subdi-
     3  vision 6 is added to read as follows:
     4    1. Except in the case of factory manufactured homes, intended for  use
     5  as  one  or  two family dwelling units or multiple dwellings of not more
     6  than two stories in height, the legislative body of any local government
     7  may duly enact or adopt local laws or ordinances imposing higher or more
     8  restrictive standards for construction within the jurisdiction  of  such
     9  local  government than are applicable generally to such local government
    10  in the uniform code. [Within] Except as otherwise provided  in  subdivi-
    11  sion  six  of  this  section,  within  thirty  days of such enactment or
    12  adoption, the chief executive officer, or if there be none, the chairman
    13  of the legislative body of such local government, shall  so  notify  the
    14  council,  and  shall petition the council for a determination of whether
    15  such local laws or ordinances are more stringent than the standards  for
    16  construction  applicable  generally  to  such  local  government  in the
    17  uniform code. Such local laws or ordinances shall take  full  force  and
    18  effect  upon  an  affirmative  determination  by the council as provided
    19  herein.
    20    6. Notwithstanding the provisions of any other  subdivisions  of  this
    21  section  and  except in the case of factory manufactured homes, intended
    22  for use as one or two family dwelling units or multiple dwellings of not
    23  more than two stories in height,  the  legislative  body  of  any  local
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08442-01-9
        A. 4563                             2
     1  government  may  duly  enact  or  adopt  local laws, codes or ordinances
     2  imposing higher or more  restrictive  standards  for  the  presence  of,
     3  abatement  of,  remediation  of  and testing for the presence of lead in
     4  buildings  within  the  jurisdiction  of  such local government that are
     5  applicable generally to such local government in the uniform code.    No
     6  local  law, code or ordinance enacted or adopted pursuant to this subdi-
     7  vision shall be subject to review or any determination by the council.
     8    § 2. Subdivision 2 of section 777 of  the  general  business  law,  as
     9  added by chapter 709 of the laws of 1988, is amended to read as follows:
    10    2. "Building code" means the uniform fire prevention and building code
    11  promulgated  under  section three hundred seventy-seven of the executive
    12  law,  local  building  code  standards  approved  by  the  uniform  fire
    13  prevention  and building code council under section three hundred seven-
    14  ty-nine of the executive law, local building code standards relating  to
    15  lead  enacted  or  adopted  pursuant to subdivision six of section three
    16  hundred seventy-nine of the executive law, and the building code of  the
    17  city of New York, as defined in title twenty-seven of the administrative
    18  code of the city of New York.
    19    § 3. This act shall take effect immediately.