Bill Text: NY S07565 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides for the review of local governments' construction standards by the state fire prevention and building code council when such standards are more stringent than the state fire prevention and building code.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-05-15 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S07565 Detail]
Download: New_York-2013-S07565-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7565
I N S E N A T E
May 15, 2014
___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
AN ACT to amend the executive law, in relation to the adoption by local
governments of higher or more restrictive standards for construction
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 772 of the laws
3 of 1986 and subdivision 5 as added by chapter 622 of the laws of 1986,
4 is amended to read as follows:
5 S 379. [Incorporation] APPROVAL of higher standards by council upon
6 [recommendation] PETITION of local government; local building regu-
7 lations. 1. [Except in the case of factory manufactured homes, intended
8 for use as one or two family dwelling units or multiple dwellings of not
9 more than two stories in height, the] THE legislative body of any local
10 government may [duly enact or] adopt [local laws or ordinances imposing]
11 STANDARDS FOR CONSTRUCTION THAT ARE HIGHER OR MORE RESTRICTIVE THAN
12 THOSE APPLICABLE GENERALLY IN THE UNIFORM CODE BY ENACTING OR ADOPTING A
13 LOCAL LAW OR ORDINANCE AFTER OBTAINING THE APPROVAL OF THE COUNCIL. A
14 LOCAL GOVERNMENT THAT PROPOSES TO ADOPT higher or more restrictive stan-
15 dards for construction within the jurisdiction of such local government
16 than are applicable generally to such local government in the uniform
17 code[. Within thirty days of such enactment or adoption, the chief exec-
18 utive officer, or if there be none, the chairman of the legislative body
19 of such local government, shall so notify the council, and] shall peti-
20 tion the council for a determination of whether OR NOT such local [laws
21 or ordinances are] STANDARDS WOULD BE more stringent than the standards
22 for construction applicable generally [to such local government] in the
23 uniform code. During the period in which the council is considering such
24 petition, [such local laws or ordinances shall remain in full force and]
25 NO SUCH LOCAL STANDARDS SHALL TAKE effect. NO LOCAL GOVERNMENT MAY
26 ENACT OR ADOPT HIGHER OR MORE RESTRICTIVE STANDARDS FOR THE CONSTRUCTION
27 OF FACTORY MANUFACTURED HOMES INTENDED FOR USE AS ONE OR TWO FAMILY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15277-01-4
S. 7565 2
1 DWELLING UNITS OR MULTIPLE DWELLINGS OF NOT MORE THAN TWO STORIES IN
2 HEIGHT.
3 2. [If] WITHIN ONE HUNDRED EIGHTY DAYS FROM RECEIPT OF A COMPLETE
4 PETITION, THE COUNCIL SHALL DETERMINE WHETHER OR NOT A PROPOSED LOCAL
5 STANDARD IS APPROPRIATE AND SHALL NOTIFY THE LOCAL GOVERNMENT WHETHER
6 THE STANDARD WILL BE APPROVED OR REJECTED IN WHOLE OR IN PART. BEFORE
7 APPROVING A LOCAL STANDARD WHICH IS THE SUBJECT OF A PETITION, the coun-
8 cil [finds] MUST FIND that [such] THE STANDARD CONFORMS WITH ACCEPTED
9 ENGINEERING AND FIRE PREVENTION PRACTICES AND THE PURPOSES OF THIS ARTI-
10 CLE, IS higher or more restrictive [standards are] THAN THOSE EXISTING
11 IN THE UNIFORM CODE, AND IS reasonably necessary because of special
12 conditions prevailing within the local government [and that such stand-
13 ards conform with accepted engineering and fire prevention practices and
14 the purposes of this article, the council shall adopt such standards, in
15 whole or part], BUT DOES NOT MERIT PROPOSAL AS AN AMENDMENT TO THE
16 UNIFORM CODE. The council shall have the power to limit the term or
17 duration of such standards, impose conditions in connection with the
18 adoption thereof, and [to] terminate such standards at such times[,] and
19 in such manner as the council may deem necessary, desirable or proper.
20 UPON RECEIPT OF THE COUNCIL'S APPROVAL OF A PROPOSED HIGHER OR MORE
21 RESTRICTIVE LOCAL STANDARD, A LOCAL GOVERNMENT IS AUTHORIZED TO ADOPT BY
22 LOCAL LAW OR ORDINANCE SUCH STANDARD. IF THE COUNCIL FAILS TO RENDER A
23 DETERMINATION ON A COMPLETE PETITION WITHIN ONE HUNDRED EIGHTY DAYS OF
24 RECEIPT, THE REQUESTING LOCAL GOVERNMENT MAY ADOPT A LOCAL LAW OR ORDI-
25 NANCE IMPOSING THE PROPOSED STANDARD OR STANDARDS, IN WHOLE OR IN PART,
26 TO THE EXTENT THAT SUCH WERE CONTAINED IN THE PETITION ORIGINALLY
27 SUBMITTED TO THE COUNCIL. THE COUNCIL SHALL REVIEW ALL LOCAL STANDARDS
28 EVERY THREE YEARS TO ENSURE THAT EACH STANDARD IS NECESSARY AND APPRO-
29 PRIATE IN LIGHT OF ANY CHANGES TO THE UNIFORM CODE THAT HAVE BEEN
30 ADOPTED SINCE THE STANDARD WAS ADOPTED. IF THE COUNCIL FINDS THAT ANY
31 STANDARD IS NO LONGER NECESSARY AND APPROPRIATE, THE COUNCIL SHALL
32 DIRECT MODIFICATION OR REPEAL OF SUCH STANDARD.
33 3. Nothing in this article shall be construed to prohibit any munici-
34 pality from adopting or enacting any building regulations relating to
35 any matter as to which the uniform fire prevention and building code
36 does not provide, but no municipality shall have the power to supersede,
37 void, repeal or make more or less restrictive any provisions of this
38 article or of rules or regulations made pursuant hereto, EXCEPT AS
39 PROVIDED IN SUBDIVISIONS ONE AND TWO OF THIS SECTION.
40 4. Within one hundred twenty days after the effective date of the
41 uniform code, a local government may by resolution duly enacted petition
42 the council for a determination as to whether OR NOT an existing build-
43 ing and/or fire code in force in said local government is more stringent
44 than the uniform code. During the period in which the council is consid-
45 ering such petition, such local code shall remain in full force and
46 effect. If, after review, the council determines that such local code is
47 less stringent than the uniform code, the council shall notify the chief
48 executive officer or, if there be none, the [chairman] CHAIRPERSON of
49 the legislative body of such local government, and the uniform code
50 shall, thirty days after the date of notification, apply in such local
51 government. If the council finds that such local code is not less strin-
52 gent than the uniform code, such local code shall continue in full force
53 and effect until the council, upon its own initiative, reviews such
54 local code and determines that it is no longer more stringent, whereupon
55 the council shall notify the chief executive officer or [chairman]
56 CHAIRPERSON of the legislative body of such local government, and, thir-
S. 7565 3
1 ty days after the date of notification, the uniform code shall apply in
2 such local government.
3 5. Notwithstanding the provisions of subdivision one of this section,
4 the legislative body of Nassau county may have duly enacted or adopted
5 or may duly enact or adopt local laws or ordinances imposing higher or
6 more restrictive standards for construction within the jurisdiction of
7 the county than are applicable generally to the county in the uniform
8 code. The chief executive officer, or if there be none, the [chairman]
9 CHAIRPERSON of the legislative body of the county, shall notify the
10 council, and shall petition the council for a determination of whether
11 OR NOT such preexisting local laws or ordinances[, or within thirty days
12 of such enactment or adoption of such local laws or ordinances,] are
13 more stringent than the standards for construction applicable generally
14 to such county in the uniform code. During the period in which the coun-
15 cil is considering such petition, such local laws or ordinances shall
16 remain in full force and effect.
17 6. THE LEGISLATIVE BODY OF THE COUNTY OF NASSAU MAY ADOPT STANDARDS
18 FOR CONSTRUCTION THAT ARE HIGHER OR MORE RESTRICTIVE THAN ARE THE STAND-
19 ARDS THAT ARE APPLICABLE GENERALLY TO THE COUNTY IN THE UNIFORM CODE BY
20 FIRST OBTAINING THE APPROVAL OF THE COUNCIL. THE CHIEF EXECUTIVE OFFI-
21 CER, OR IF THERE BE NONE, THE CHAIRPERSON OF THE LEGISLATIVE BODY OF THE
22 COUNTY, SHALL PETITION THE COUNCIL FOR A DETERMINATION OF WHETHER OR NOT
23 LOCAL STANDARDS WHICH THE COUNTY LEGISLATIVE BODY PROPOSES TO ADOPT
24 WOULD BE MORE STRINGENT THAN STANDARDS APPLICABLE GENERALLY IN THE
25 UNIFORM CODE. DURING THE PERIOD IN WHICH THE COUNCIL IS CONSIDERING A
26 PETITION OF THE COUNTY, NO SUCH LOCAL STANDARDS SHALL TAKE EFFECT.
27 BEFORE APPROVING A LOCAL STANDARD PROPOSED FOR ADOPTION BY THE COUNTY
28 LEGISLATIVE BODY, THE COUNCIL MUST FIND THAT THE STANDARD CONFORMS WITH
29 ACCEPTED ENGINEERING AND FIRE PREVENTION PRACTICES AND THE PURPOSES OF
30 THIS ARTICLE, IS HIGHER OR MORE RESTRICTIVE THAN THOSE EXISTING IN THE
31 UNIFORM CODE, AND IS REASONABLY NECESSARY BECAUSE OF SPECIAL CONDITIONS
32 PREVAILING WITHIN THE COUNTY. THE COUNCIL SHALL HAVE THE POWER TO LIMIT
33 THE TERM OR DURATION OF SUCH STANDARD, IMPOSE CONDITIONS IN CONNECTION
34 WITH THE ADOPTION THEREOF, AND TERMINATE THE STANDARD AT SUCH TIMES AND
35 IN SUCH MANNER AS THE COUNCIL MAY DEEM NECESSARY, DESIRABLE OR PROPER.
36 UPON RECEIPT OF THE COUNCIL'S APPROVAL OF A PROPOSED HIGHER OR MORE
37 RESTRICTIVE LOCAL STANDARD, THE LEGISLATIVE BODY OF THE COUNTY OF NASSAU
38 MAY ADOPT BY LOCAL LAW OR ORDINANCE SUCH STANDARD. IF THE COUNCIL FAILS
39 TO RENDER A DETERMINATION ON A COMPLETE PETITION WITHIN ONE HUNDRED
40 EIGHTY DAYS OF RECEIPT, THE LEGISLATIVE BODY MAY ADOPT A LOCAL LAW OR
41 ORDINANCE IMPOSING THE PROPOSED STANDARD OR STANDARDS, IN WHOLE OR IN
42 PART, TO THE EXTENT THAT SUCH WERE CONTAINED IN THE PETITION ORIGINALLY
43 SUBMITTED TO THE COUNCIL. THE COUNCIL SHALL REVIEW ALL LOCAL STANDARDS
44 ADOPTED BY THE COUNTY LEGISLATIVE BODY EVERY THREE YEARS TO ENSURE THAT
45 EACH STANDARD IS NECESSARY AND APPROPRIATE IN LIGHT OF ANY CHANGES TO
46 THE UNIFORM CODE THAT HAVE BEEN ADOPTED SUBSEQUENT TO ADOPTION OF THE
47 LOCAL STANDARD. IF THE COUNCIL FINDS THAT ANY STANDARD IS NO LONGER
48 NECESSARY AND APPROPRIATE, THE COUNCIL SHALL DIRECT MODIFICATION OR
49 REPEAL OF SUCH STANDARD.
50 S 2. This act shall take effect immediately.
