Assembly Bill A9561

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9561
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Section 379 of the executive law, as added by  chapter  707
 of the laws of 1981, subdivision 1 as amended by chapter 348 of the laws
 of  2017  and subdivision 5 as added by chapter 622 of the laws of 1986,
 is amended to read as follows:
   § 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. Such local laws or ordinances shall take  full  force  and
 effect  upon  an  affirmative  determination  by the council as provided
 herein.
   2. If the council finds that such higher or more restrictive standards
 are reasonably necessary because of special conditions prevailing within
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03154-02-8

 A. 9561                             2

 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.]
   § 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.
   § 3. This act shall take effect immediately.