S T A T E O F N E W Y O R K
________________________________________________________________________
4563
2019-2020 Regular Sessions
I N A S S E M B L Y
February 4, 2019
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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 adopt and enforce local
laws and ordinances relating to the abatement of, remediation of,
presence of and testing for lead in buildings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 379 of the executive law, as
amended by chapter 348 of the laws of 2017, is amended and a new subdi-
vision 6 is added to read as follows:
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
restrictive standards for construction within the jurisdiction of such
local government than are applicable generally to such local government
in the uniform code. [Within] EXCEPT AS OTHERWISE PROVIDED IN SUBDIVI-
SION SIX OF THIS SECTION, WITHIN thirty days of such enactment or
adoption, the chief executive officer, or if there be none, the chairman
of the legislative 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.
6. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER SUBDIVISIONS OF THIS
SECTION AND 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08442-01-9
A. 4563 2
GOVERNMENT MAY DULY ENACT OR ADOPT LOCAL LAWS, CODES OR ORDINANCES
IMPOSING HIGHER OR MORE RESTRICTIVE STANDARDS FOR THE PRESENCE OF,
ABATEMENT OF, REMEDIATION OF AND TESTING FOR THE PRESENCE OF LEAD IN
BUILDINGS WITHIN THE JURISDICTION OF SUCH LOCAL GOVERNMENT THAT ARE
APPLICABLE GENERALLY TO SUCH LOCAL GOVERNMENT IN THE UNIFORM CODE. NO
LOCAL LAW, CODE OR ORDINANCE ENACTED OR ADOPTED PURSUANT TO THIS SUBDI-
VISION SHALL BE SUBJECT TO REVIEW OR ANY DETERMINATION BY THE COUNCIL.
§ 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 section three hundred seven-
ty-nine of the executive law, LOCAL BUILDING CODE STANDARDS RELATING TO
LEAD ENACTED OR ADOPTED PURSUANT TO SUBDIVISION SIX OF 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 administrative
code of the city of New York.
§ 3. This act shall take effect immediately.