BILL NUMBER:  S4284

 TITLE OF BILL :  An act to amend the executive law, in relation to
the adoption by local governments of higher or more restrictive
standards for construction

 PURPOSE OF THE BILL :

To amend Executive Law § 379 to require approval by the State Fire
Prevention and Building Code Council prior to approving local
standards for construction which are higher or more restrictive than
those applicable generally in the Uniform Fire Prevention and Building
Code ("Uniform Code").

 SUMMARY OF SPECIFIC PROVISIONS :

§ 1 - Amends Executive Law § 379 to require local governments that
propose to adopt higher or more restrictive standards to obtain the
approval of the State Fire Prevention and Building. Code Council
("Code Council") prior to such proposed local standards taking effect.
The local standards would not take effect while the Code Council
considers the local government's petition.

§ 2 - Effective date.

 EXISTING LAW :
              

Executive Law § 379 authorizes cities, towns, villages and Nassau
County to adopt local laws or ordinances which impose higher or more
restrictive standards for construction than are applicable generally
in the Uniform Code; provided the municipality petitions the Code
Council within thirty days of the adoption of such law or ordinance
for a determination of whether the local standard is more stringent
than the standard applicable in the Uniform Code. During the period in
which the Code Council is considering such a petition any such local
laws or ordinances remain in full force and effect.

 JUSTIFICATION :

The Uniform Fire Prevention and Building Code is intended to be the
minimum standard for building construction and fire prevention in the
State. Executive Law § 379 authorizes adoption of higher or more
restrictive local standards so long as such standards are reasonably
necessary because of special conditions prevailing within the
municipality adopting such standard. Any local standard adopted by a
local governing body must be reviewed and approved by the Code
Council.  Although the Code Council's approval is necessary for the
local standard to remain in effect, the statute currently provides for
a mechanism whereby the local government adopts the local standard and
continues to enforce its requirements while its petition for approval
by the Code Council is pending. This has led to situations where
eventually the local standards were disapproved by the Code Council
because of the absence of special conditions prevailing within the
municipality. However, local property owners were required to comply
with the more restrictive standard during the pendency of the
municipality's petition before the Code Council.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 EFFECTIVE DATE :
This act shall take effect immediately.