2010 New York Code
EXC - Executive
Article 18 - (370 - 383) NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE ACT
379 - Incorporation of higher standards by council upon recommendation of local government; local building regulations.

§ 379. Incorporation    of    higher   standards   by   council   upon
  recommendation of  local  government;  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
  restrictive  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
  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. During the period in which the council is considering such
  petition, such local laws or ordinances shall remain in full  force  and
  effect.
    2. If the council finds that such higher or more restrictive standards
  are reasonably necessary because of special conditions prevailing within
  the  local  government  and  that  such  standards conform with accepted
  engineering 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 terminate such standards at such times, and in such manner as the
  council may deem necessary, desirable or proper.
    3. 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 supersede,
  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
  considering 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
  notification 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.