2020 New York Laws
EXC - Executive
Article 18 - New York State Uniform Fire Prevention and Building Code Act
374 - State Fire Prevention and Building Code Council.

§  374.  State  fire prevention and building code council. 1. There is
hereby created and established in the department of state a council,  to
be  known  as  the state fire prevention and building code council. Such
council shall consist of the secretary of state, as chairman, the  state
fire administrator and fifteen other members to be appointed as follows:
  a.  Two  members,  to  be  appointed  by  the governor, from among the
commissioners of the departments of  economic  development,  corrections
and  community  supervision, education, health, labor, mental health and
social services, office of general services,  division  of  housing  and
community renewal, and the superintendent of financial services.
  b.  Six members, to be appointed by the governor, one of whom shall be
an elected official of a city with a population over one million, one of
whom shall be an elected official of another city with a population over
one hundred thousand, one of whom shall be an elected  official  of  any
other city, one of whom shall be an elected county official, one of whom
shall  be  an elected town official, and one of whom shall be an elected
village official.
  c. Seven members, to be appointed by the governor with the advice  and
consent of the senate, one of whom shall be a fire service official, one
of  whom  shall  be  a  registered  architect,  one  of  whom shall be a
professional engineer, one of whom shall be a code enforcement official,
one of whom shall represent builders, one of whom shall represent  trade
unions,  and  one of whom shall be a person with a disability as defined
in section two hundred ninety-two of this  chapter  who  would  directly
benefit  from  the  provisions  of article thirteen of the state uniform
fire  prevention  and  building  code.  The  registered  architect   and
professional   engineer   shall  be  duly  licensed  to  practice  their
respective professions in the state of New York. After the certification
of code enforcement personnel pursuant to this chapter shall have  begun
said code enforcement official shall be so certified.
  2.  The  members  of  the  council, other than the ex-officio members,
shall serve for terms of four years provided, however, that  any  member
appointed  pursuant  to  paragraph  b of subdivision one of this section
shall cease to be a member of the council when  such  member  no  longer
holds the elective office which made such member eligible to appointment
under  such  paragraph.  Such  terms  shall  commence on April first and
expire on March thirty-first provided,  however,  that  of  the  members
first  appointed  pursuant  to  paragraph  b  of subdivision one of this
section, three shall be appointed for terms of four years and three  for
a  term  of  two  years,  of  the  members  first  appointed pursuant to
paragraph c of subdivision one of this section, three shall be appointed
for terms of four years and three for a  term  of  two  years,  and  the
member  first  appointed  pursuant  to paragraph d of subdivision one of
this section shall be appointed for a  term  of  four  years.  Vacancies
shall  be  filled for unexpired terms in the same manner as the original
appointments.
  3. The council shall meet at  least  quarterly  at  the  call  of  the
chairman.  Additional  meetings  may  be  called upon at least five days
notice by the chairman or by petition of five members of the council.
  4. No member of the council shall be  disqualified  from  holding  any
other  public office, nor shall employment be forfeited by reason of the
member's appointment hereunder, notwithstanding the  provisions  of  any
general, special or local law, ordinance, county or city charter.
  5.  Each  member  of  the  council,  other than a full-time government
official, shall receive per diem compensation at the rate of one hundred
fifty dollars per day for each day  spent  in  the  performance  of  his
duties.  All  members  of the council shall receive actual and necessary
expenses incurred in the performance of their duties.

  6. The governor may remove any member  for  inefficiency,  neglect  of
duty  or  misconduct  in  office  after giving him a copy of the charges
against him and an opportunity to be heard, in person or by  counsel  in
his  defense, upon not less than ten days notice. If any member shall be
so  removed,  the  governor shall file in the office of the secretary of
state a complete statement of charges made aginst such member,  and  his
finding thereon, together with a complete record of the proceedings.
  7.  The  ex-officio  members of the council and the elected county and
local government official members appointed pursuant to paragraph  b  of
subdivision  one  of  this  section  may, by official authority filed in
their respective agencies, county or  local  governments  and  with  the
secretary,  designate  a  deputy  or  other  officer of their respective
agency, county or local government to exercise their powers and  perform
their duties on the council.
  8.  The  council  may create such subcommittees as it may from time to
time deem appropriate to provide  it  with  advice  and  recommendations
concerning the performance of its duties under this article.
  9.  a.  The chairman of the council shall appoint an advisory board on
assistive listening  systems  in  places  of  public  assembly  for  the
purposes   of  providing  the  full  council  with  recommendations  for
standards for such systems. Such advisory board  shall  consist  of  the
state  fire  administrator,  who  shall serve as chairman, and six other
members to be appointed as follows:
  (i) three members from among the members of the state fire  prevention
and building code council,
  (ii)  three  members one of whom shall represent an organization which
serves as an advocate for the deaf and hard  of  hearing,  one  of  whom
shall  represent consumers of products designed for the deaf and hard of
hearing, and one of whom represents an institution of  higher  education
with  expertise in the area of assistive listening technology, who shall
be entitled  to  be  reimbursed  for  necessary  travel  and  incidental
expenses  out  of  monies  appropriated  to  the division of housing and
community renewal.
  b. Such advisory board shall, prior to December thirty-first, nineteen
hundred eighty-nine, submit to the state fire  prevention  and  building
code council:
  (i)  findings  on  the  extent  of  existing  federal, state and local
requirements for assistive listening systems,
  (ii) findings on the  type,  design  and  use  of  existing  assistive
listening systems,
  (iii)  recommendations  for  design  and  installation  standards  for
assistive listening systems intended for places of public assembly, and
  (iv) recommendations for  capacity  standards  for  places  of  public
assembly which shall be required to install assistive listening systems.
  c.  In  developing  such recommendations the advisory board shall take
into consideration the costs of such systems,  the  standardization  and
compatibility  of  such  systems,  if  the  technology  permits, and the
utilization of such systems by the consumer  who  is  deaf  or  hard  of
hearing.  Particular  attention  should  be  given  to  the  ability  of
consumers to utilize a single receiver which is compatible in a  variety
of   installations   employing   the  same  assistive  listening  device
technology.
  d. In addition,  the  advisory  board  shall  ensure,  to  the  extent
possible,  that  the standards developed for the design and installation
of assistive listening systems take into consideration  the  opportunity
for  competition  among  manufacturers  of  the same or various approved
systems.