S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4606
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08487-01-9

 A. 4606                             2

 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
 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.