Senate Bill S2738

                                 BILL NUMBER:  S2738

 TITLE OF BILL :  An act to authorize zoning boards in the county of
Westchester to permit structures not in compliance with ceiling height
requirements under the uniform fire prevention and building code
without requiring the applicant demonstrate state approval of a
variance

 PURPOSE OR GENERAL IDEA OF BILL :

This bill gives the local zoning boards the ability to make a decision
whether or not to accept or reject an application for a variance
involving heights and widths of cellars and/or attics.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Notwithstanding any other provision of any general, special
or local law or of any charter to the contrary, local zoning boards of
municipalities in the county of Westchester with populations of ten
thousand or more persons per square mile, may approve structures that
are not in compliance with ceiling height requirements promulgated
pursuant to the uniform fire prevention and building code. For such
municipalities no state approval for a variance of ceiling height
shall be required provided that the applicant is in compliance with
rules and regulations of the local zoning board.

              

§ 2. This act shall take effect immediately.

 JUSTIFICATION :

Currently state law does not allow the local zoning boards to address
the ceiling heights of attics and cellars for authorizing the issuance
of a variance. For example, a local zoning board receives a request
from an applicant to make an apartment or apartments using the attic
space or basement space in a building. The applicant will file for an
application for a variance with the local zoning board. The local
zoning board will send the request to the State Code Enforcement and
Administration, which administers the mandatory statewide Uniform Fire
Prevention and Building Code. The State Code Enforcement and
Administration will send the request back to regional boards comprised
of local people that may or may not have any more experience than the
local zoning board individual, who made the original request.

It is also important to remember that the local building department
personnel and local zoning board members are kept aware of the issue
and in fact play a very big part in determining whether the variance
is granted. In other words, sometimes there are just too many chefs in
the kitchen. If the issue is fire codes, I am sure the members of the
local zoning boards and the local building departments can read the
requirements just as well as someone else siting on the regional
board. I feel that the local boards should have the ability to grant
or deny the issuance of a variance once they have determined the
heights of attics and cellars are insufficient using the same fire
code criteria. By doing this there is much, more efficiency in
reducing the time it takes to apply to the state and get a reply as
well as being a more transparent process.

 PRIOR LEGISLATIVE HISTORY :

None

 FISCAL IMPLICATIONS :

None  EFFECTIVE DATE :
Immediate