Bill Text: NY A09561 | 2017-2018 | General Assembly | Introduced

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Bill Title: Authorizes local governments to adopt local building code standards which are more stringent than those in the New York state uniform fire prevention and building code without approval of the uniform fire prevention and building code council.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-23 - referred to governmental operations [A09561 Detail]

Download: New_York-2017-A09561-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9561
                   IN ASSEMBLY
                                    January 23, 2018
                                       ___________
        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 enact local laws and
          ordinances which are more stringent than the New  York  state  uniform
          fire prevention and building code
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 379 of the executive law, as added by  chapter  707
     2  of the laws of 1981, subdivision 1 as amended by chapter 348 of the laws
     3  of  2017  and subdivision 5 as added by chapter 622 of the laws of 1986,
     4  is amended to read as follows:
     5    § 379. [Incorporation of higher standards by council upon  recommenda-
     6  tion  of local government; local] Local building regulations.  1. Except
     7  in the case of factory manufactured homes, intended for use  as  one  or
     8  two  family  dwelling  units  or multiple dwellings of not more than two
     9  stories in height, the legislative body of any local government may duly
    10  enact or adopt local laws or ordinances imposing higher or more restric-
    11  tive standards for construction within the jurisdiction  of  such  local
    12  government than are applicable generally to such local government in the
    13  uniform  code.  [Within  thirty  days of such enactment or adoption, the
    14  chief executive officer, or if there be none, the chairman of the legis-
    15  lative body of such local government, shall so notify the  council,  and
    16  shall  petition  the  council  for a determination of whether such local
    17  laws  or  ordinances  are  more  stringent  than   the   standards   for
    18  construction  applicable  generally  to  such  local  government  in the
    19  uniform code. Such local laws or ordinances shall take  full  force  and
    20  effect  upon  an  affirmative  determination  by the council as provided
    21  herein.
    22    2. If the council finds that such higher or more restrictive standards
    23  are reasonably necessary because of special conditions prevailing within
    24  the local government and that such standards conform with accepted engi-
    25  neering and fire prevention practices and the purposes of this  article,
    26  the  council  shall  adopt such standards, in whole or part. The council

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03154-02-8
        A. 9561                             2

     1  shall have the power to limit the term or duration  of  such  standards,
     2  impose conditions in connection with the adoption thereof, and to termi-
     3  nate such standards at such times, and in such manner as the council may
     4  deem necessary, desirable or proper.
     5    3.]  2.  Nothing  in  this  article shall be construed to prohibit any
     6  municipality from adopting or enacting any building regulations relating
     7  to any matter as to which the uniform fire prevention and building  code
     8  does  not  provide,  but no municipality shall have the power to [super-
     9  sede, void, repeal or] make [more or] less restrictive any provisions of
    10  this article or of rules or regulations made pursuant hereto.
    11    [4. Within one hundred twenty days after the  effective  date  of  the
    12  uniform code, a local government may by resolution duly enacted petition
    13  the  council  for  a  determination  as  to whether an existing building
    14  and/or fire code in force in said local  government  is  more  stringent
    15  than the uniform code. During the period in which the council is consid-
    16  ering  such  petition  such  local  code  shall remain in full force and
    17  effect. If, after review, the council determines that such local code is
    18  less stringent than the uniform code the council shall notify the  chief
    19  executive  officer or, if there be none, the chairman of the legislative
    20  body of such local government and the uniform code  shall,  thirty  days
    21  after  the  date of notification, apply in such local government. If the
    22  council finds that such local  code  is  not  less  stringent  than  the
    23  uniform  code  such  local  code shall continue in full force and effect
    24  until the council, upon its own initiative, reviews such local code  and
    25  determines  that  it  is no longer more stringent, whereupon the council
    26  shall notify the chief executive officer or chairman of the  legislative
    27  body  of such local government and thirty days after the date of notifi-
    28  cation the uniform code shall apply in such local government.
    29    5. Notwithstanding the provisions of subdivision one of this  section,
    30  the  legislative  body of Nassau county may have duly enacted or adopted
    31  or may duly enact or adopt local laws or ordinances imposing  higher  or
    32  more  restrictive  standards for construction within the jurisdiction of
    33  the county than are applicable generally to the county  in  the  uniform
    34  code.  The chief executive officer, or if there be none, the chairman of
    35  the legislative body of the county, shall notify the council, and  shall
    36  petition  the  council  for  a determination of whether such preexisting
    37  local laws or ordinances, or within thirty days  of  such  enactment  or
    38  adoption  of  such local laws or ordinances, are more stringent than the
    39  standards for construction applicable generally to such  county  in  the
    40  uniform code. During the period in which the council is considering such
    41  petition,  such  local laws or ordinances shall remain in full force and
    42  effect.]
    43    § 2. Subdivision 2 of section 777 of  the  general  business  law,  as
    44  added by chapter 709 of the laws of 1988, is amended to read as follows:
    45    2. "Building code" means the uniform fire prevention and building code
    46  promulgated  under  section three hundred seventy-seven of the executive
    47  law, local  building  code  standards  [approved  by  the  uniform  fire
    48  prevention  and building code council under] enacted pursuant to section
    49  three hundred seventy-nine of the executive law, and the  building  code
    50  of  the city of New York, as defined in title twenty-seven of the admin-
    51  istrative code of the city of New York.
    52    § 3. This act shall take effect immediately.