S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6094
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 28, 2019
                                ___________
 
 Introduced  by  M. of A. RYAN -- 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 the city of Buffalo 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 SUBDIVISION 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 THE CITY OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08074-01-9

 A. 6094                             2
 
 BUFFALO 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 CITY THAT ARE APPLICABLE GENERALLY TO SUCH CITY
 IN THE UNIFORM CODE.  NO LOCAL LAW, CODE OR ORDINANCE ENACTED OR ADOPTED
 PURSUANT  TO THIS SUBDIVISION SHALL BE SUBJECT TO REVIEW OR ANY DETERMI-
 NATION 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.