S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3959

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 31, 2011
                               ___________

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:

  Section 1. Section 379 of the executive law, as added by  chapter  707
of the laws of 1981, subdivision 1 as amended by chapter 772 of the laws
of  1986  and subdivision 5 as added by chapter 622 of the laws of 1986,
is amended to read as follows:
  S 379. [Incorporation of higher standards by council upon  recommenda-
tion  of  local government; local] LOCAL building regulations. 1. Except
in the case of factory manufactured homes, intended for use  as  one  or
two  family  dwelling  units  or multiple dwellings of not more than two
stories in height, the legislative body of any local government may duly
enact or adopt local laws or ordinances imposing higher or more restric-
tive standards for construction within the jurisdiction  of  such  local
government than are applicable generally to such local government in the
uniform  code.  [Within  thirty  days of such enactment or adoption, the
chief executive officer, or if there be none, the chairman of the legis-
lative body of such local government, shall so notify the  council,  and
shall  petition  the  council  for a determination of whether such local
laws  or  ordinances  are  more  stringent  than   the   standards   for
construction  applicable  generally  to  such  local  government  in the
uniform code. During the period in which the council is considering such
petition, such local laws or ordinances shall remain in full  force  and
effect.
  2. If the council finds that such higher or more restrictive standards
are reasonably necessary because of special conditions prevailing within

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07942-01-1
              

A. 3959                             2

the local government and that such standards conform with accepted engi-
neering  and fire prevention practices and the purposes of this article,
the council shall adopt such standards, in whole or  part.  The  council
shall  have  the  power to limit the term or duration of such standards,
impose conditions in connection with the adoption thereof, and to termi-
nate such standards at such times, and in such manner as the council may
deem necessary, desirable or proper.
  3.] 2. Nothing in this article shall  be  construed  to  prohibit  any
municipality from adopting or enacting any building regulations relating
to  any matter as to which the uniform fire prevention and building code
does not provide, but no municipality shall have the  power  to  [super-
sede, void, repeal or] make [more or] less restrictive any provisions of
this article or of rules or regulations made pursuant hereto.
  [4.  Within  one  hundred  twenty days after the effective date of the
uniform code, a local government may by resolution duly enacted petition
the council for a determination  as  to  whether  an  existing  building
and/or  fire  code  in  force in said local government is more stringent
than the uniform code. During the period in which the council is consid-
ering such petition such local code  shall  remain  in  full  force  and
effect. If, after review, the council determines that such local code is
less  stringent than the uniform code the council shall notify the chief
executive officer or, if there be none, the chairman of the  legislative
body  of  such  local government and the uniform code shall, thirty days
after the date of notification, apply in such local government.  If  the
council  finds  that  such  local  code  is  not less stringent than the
uniform code such local code shall continue in  full  force  and  effect
until  the council, upon its own initiative, reviews such local code and
determines that it is no longer more stringent,  whereupon  the  council
shall  notify the chief executive officer or chairman of the legislative
body of such local government and thirty days after the date of  notifi-
cation the uniform code shall apply in such local government.
  5.  Notwithstanding the provisions of subdivision one of this section,
the legislative body of Nassau county may have duly enacted  or  adopted
or  may  duly enact or adopt local laws or ordinances imposing higher or
more restrictive standards for construction within the  jurisdiction  of
the  county  than  are applicable generally to the county in the uniform
code. The chief executive officer, or if there be none, the chairman  of
the  legislative body of the county, shall notify the council, and shall
petition the council for a determination  of  whether  such  preexisting
local  laws  or  ordinances,  or within thirty days of such enactment or
adoption of such local laws or ordinances, are more stringent  than  the
standards  for  construction  applicable generally to such county in the
uniform code. During the period in which the council is considering such
petition, such local laws or ordinances shall remain in full  force  and
effect.]
  S  2.  Subdivision  2  of  section 777 of the general business law, as
added by chapter 709 of the laws of 1988, is amended to read as follows:
  2. "Building code" means the uniform fire prevention and building code
promulgated under section three hundred seventy-seven of  the  executive
law,  local  building  code  standards  [approved  by  the  uniform fire
prevention and building code council under] ENACTED PURSUANT TO  section
three  hundred  seventy-nine of the executive law, and the building code
of the city of New York, as defined in title twenty-seven of the  admin-
istrative code of the city of New York.
  S 3. This act shall take effect immediately.