2012 New York Consolidated Laws
EXC - Executive
Article 18 - (370 - 383) NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE ACT
381 - Administration and enforcement of the New York state uniform fire prevention and building code and the New York state energy conservation construction code.

 
    § 381.   Administration  and enforcement of the New York state uniform
  fire prevention  and  building  code  and  the  New  York  state  energy
  conservation construction code.  1. The secretary shall promulgate rules
  and  regulations  prescribing  minimum  standards for administration and
  enforcement of the uniform fire prevention and building code promulgated
  in accordance  with  sections  three  hundred  seventy-seven  and  three
  hundred  seventy-eight of this article and the state energy conservation
  construction code adopted in  accordance  with  article  eleven  of  the
  energy  law. Such rules and regulations shall become effective not later
  than the  first  day  of  January,  nineteen  hundred  eighty-five.  The
  secretary  shall  promulgate  such  regulations after public hearing and
  after considering reaction to initial administration and enforcement  of
  the  uniform  building  and  fire  prevention  code, including how local
  governments have organized to provide for  such  initial  administration
  and enforcement. Such rules and regulations shall address the nature and
  quality  of  enforcement  and  shall  include, but not be limited to the
  following:
    a. frequency of mandatory inspections for compliance with the  uniform
  code and the state energy conservation construction code,
    b.  number  and  qualifications  of staff, including requirements that
  inspectors be certified pursuant to this chapter,
    c. required minimum fees for administration and enforcement,
    d. adequacy of inspections,
    e. adequacy of means for insuring compliance with the uniform code and
  the state energy conservation construction  code,  including  provisions
  intended  to  achieve  compliance  with  the  state  energy conservation
  construction code consistent with the  compliance  goals  set  forth  in
  section 410(2)(C) of the American Recovery and Reinvestment Act of 2009,
    f.  establishment  of a procedure whereby any provision or requirement
  of the uniform code may be varied or  modified  in  cases  where  strict
  compliance  with  such  provision  or requirement would entail practical
  difficulties or unnecessary hardship or would otherwise be  unwarranted.
  Such  procedure  shall  be  designed to insure that any such variance or
  modification shall not substantially  affect  adversely  provisions  for
  health,   safety   and  security,  and  that  equally  safe  and  proper
  alternatives may  be  prescribed.  Requests  for  a  variance  shall  be
  resolved  within  sixty  days of the date of application unless a longer
  period is required for good cause shown,
    g. procedures for inspection of certain  classes  of  buildings  based
  upon  design,  construction, ownership, occupancy or use, including, but
  not limited to, mobile homes, factory manufactured homes and state-owned
  buildings,
    h. minimum basic training and  in-service  training  requirements  for
  personnel  charged  with  administration  and  enforcement  of the state
  energy conservation construction code; and
    i. standards and procedures for measuring the rate of compliance  with
  the   state   energy  conservation  construction  code,  and  provisions
  requiring that such rate of compliance be measured on an annual basis.
    Nothing in the rules shall require or be construed to require regular,
  periodic inspections of (A) owner-occupied one and two-family dwellings,
  or (B) agricultural buildings used directly and solely for  agricultural
  purposes,  provided,  however  that  this  shall  not be a limitation on
  inspections conducted at the invitation of the owner or where conditions
  on the premises threaten or present a hazard to public  health,  safety,
  or welfare.
    2.  Except as may be provided in regulations of the secretary pursuant
  to subdivision  one  of  this  section,  every  local  government  shall
  administer and enforce the uniform fire prevention and building code and

  the  state  energy conservation construction code on and after the first
  day of January, nineteen hundred eighty-four, provided, however, that  a
  local government may enact a local law prior to the first day of July in
  any  year providing that it will not enforce such codes on and after the
  first day of January next succeeding. In such event the county in  which
  said  local  government  is  situated  shall administer and enforce such
  codes within such local government from  and  after  the  first  day  of
  January  next  succeeding  the  effective  date  of  such  local law, in
  accordance with the provisions of paragraph b  of  subdivision  five  of
  this  section unless the county shall have enacted a local law providing
  that it will not enforce such codes within that county.  In  such  event
  the  secretary  in  the  place  and stead of the local government shall,
  directly or by contract, administer and enforce the uniform code and the
  state energy conservation construction code. A  local  government  or  a
  county  may  repeal  a local law which provides that it will not enforce
  such codes and shall thereafter administer and  enforce  such  codes  as
  provided  above.  Two  or  more  local governments may provide for joint
  administration and enforcement of the uniform  code,  the  state  energy
  conservation  construction  code,  or  both,  by  agreement  pursuant to
  article five-G of the general municipal law. Any  local  government  may
  enter  into  agreement with the county in which such local government is
  situated to administer and enforce the uniform code,  the  state  energy
  conservation  construction  code, or both, within such local government.
  Local governments or counties may charge fees to  defray  the  costs  of
  administration and enforcement.
    3.  On  and after the first day of July, nineteen hundred eighty-five,
  the secretary shall have  power  to  investigate  and  conduct  hearings
  relative  to  whether administration and enforcement of the uniform fire
  prevention  and  building  code  complies  with  the  minimum  standards
  promulgated  pursuant  to  subdivision one of this section. At least ten
  days written notice of  any  such  hearing  shall  be  provided  to  the
  elective or appointive chief executive officer or, if there be none, the
  chairman of the legislative body of the local government or county whose
  administration and enforcement of the uniform code is at issue.
    4.  If  the secretary determines that a local government has failed to
  administer and enforce the uniform fire prevention and building code  in
  accordance   with   the   minimum   standards  promulgated  pursuant  to
  subdivision one of this section, the secretary shall  take  any  of  the
  following   actions,  either  individually  or  in  combination  in  any
  sequence:
    a. The secretary may issue an  order  compelling  compliance  by  such
  local  government  with the standards for administration and enforcement
  of the uniform code.
    b. The secretary may ask the attorney general to institute in the name
  of the secretary an action or proceeding seeking  appropriate  legal  or
  equitable  relief  to  require  such  local government to administer and
  enforce the uniform code.
    c. the  secretary  may  designate  the  county  in  which  such  local
  government is located to administer and enforce the uniform code in such
  local  government.  In  the  case of such designation, the provisions of
  subdivision five of this section shall apply.
    d. The secretary may, in the place and stead of the local  government,
  administer  and  enforce the uniform code in accordance with the minimum
  standards promulgated pursuant to subdivision one of  this  section.  In
  such  event,  the  provisions  of subdivision five of this section shall
  apply.
    5. Where the secretary has  designated  a  county  to  administer  and
  enforce  the  uniform  fire  prevention and building code within a local

  government or has assumed authority for administration  and  enforcement
  pursuant  to  subdivision two or paragraph d of subdivision four of this
  section:
    a. Such local government or county government shall not administer and
  enforce  the uniform code, and shall not charge or collect fees for such
  administration and enforcement.
    b. Such county shall administer and enforce the  uniform  code  within
  such  local government from and after the date of such designation. Such
  administration  and  enforcement  shall  apply  the  minimum   standards
  promulgated  by  the  secretary  pursuant  to  subdivision  one  of this
  section. Notwithstanding any other provisions of law, such county  shall
  have full power to administer and enforce the uniform code in accordance
  with  such  minimum standards, including the power to charge and collect
  fees for such administration and enforcement.
    c. The secretary  shall  designate  the  local  government  or  county
  government  to resume administration and enforcement of the uniform code
  when the secretary is satisfied that such  local  government  or  county
  will  provide such administration and enforcement in compliance with the
  minimum standards  promulgated  pursuant  to  subdivision  one  of  this
  section.
    d. The provisions of subdivisions three and four of this section shall
  apply  to  counties which have been designated to administer and enforce
  the uniform code in such local government.
    6.  The  secretary  shall  study  and   from   time   to   time   make
  recommendations to the governor and legislature concerning:
    a. Appropriate means to provide encouragement, support and inducements
  for  local  governments  and counties to exercise their responsibilities
  pursuant to this section; and
    b. Appropriate means to provide encouragement, support and inducements
  to facilitate compliance with the provisions of the uniform code.