2022 New York Laws
EXC - Executive
Article 18 - New York State Uniform Fire Prevention and Building Code Act
371 - Statement of Legislative Findings and Purposes.

Universal Citation: NY Exec L § 371 (2022)
§  371.  Statement  of  legislative  findings  and  purposes.  1.  The
legislature hereby finds and declares that:
  a. The present level of loss of life, injury to persons, and damage to
property as a result of fire demonstrates that the people of  the  state
have  yet  to  receive  the  basic level of protection to which they are
entitled  in  connection  with  the  construction  and  maintenance   of
  b. There does not exist for all areas of the state a single, adequate,
enforceable  code establishing minimum standards for fire protection and
construction, maintenance and use of materials  in  buildings.  Instead,
there  exists a multiplicity of codes and requirements for various types
of  buildings  administered  at  various  levels  of  state  and   local
government.  There  are,  in  addition,  extensive areas of the state in
which no code at all is in effect for the general benefit of the  people
of the state;
  c.  The  present system of enforcement of fire protection and building
construction codes is characterized by  a  lack  of  adequately  trained
personnel,  as  well  as  inconsistent  qualifications for personnel who
administer and enforce those codes;
  d. Whether because of the absence of applicable codes, inadequate code
provisions or inadequate enforcement of codes, the threat to the  public
health  and  safety  posed by fire remains a real and present danger for
the people of the state; and
  e. The multiplicity of fire protection and building construction  code
requirements  poses  an  additional  problem for the people of the state
since  it  increases  the  cost  of  doing  business  in  the  state  by
perpetuating multiple requirements, jurisdictional overlaps and business
uncertainties,  and,  in  some  instances, by artificially inducing high
construction costs.
  2. The legislature declares that it shall be the public policy of  the
state of New York to:
  a.  Immediately  provide  for  a  minimum level of protection from the
hazards of fire in every part of the state;
  b. Provide for the promulgation of a uniform code addressing  building
construction  and  fire  prevention  in order to provide a basic minimum
level of protection to all people of the state from hazards of fire  and
inadequate  building construction. In providing for such a uniform code,
it is declared to be the policy of the state of New York to:

(1) reconcile the myriad existing and potentially conflicting regulations which apply to different types of buildings and occupancies;

(2) recognize that fire prevention and fire prevention codes are closely related to the adequacy of building construction codes, that the greatest portion of a building code's requirements are fire safety oriented, and that fire prevention and building construction concerns should be the subject of a single code;

(3) recognize that the decarbonization of new and existing buildings is closely related to the state's clean energy and climate agenda as described in the New York climate leadership and community protection act set forth in chapter one hundred six of the laws of two thousand nineteen, and that the uniform code shall enable the state's clean energy objectives;

(4) place public and private buildings on an equal plane with respect to fire prevention and adequacy of building construction;

(5) require new and existing buildings alike to keep pace with advances in technology concerning fire prevention and building construction, including, where appropriate, that provisions apply on a retroactive basis; and

(6) provide protection to both residential and non-residential buildings; c. Insure that the uniform code be in full force and effect in every area of the state; d. Encourage local governments to exercise their full powers to administer and enforce the uniform code; and e. Provide for a uniform, statewide approach to the training and qualification of personnel engaged in the administration and enforcement of the uniform code.

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