2022 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,  environmental
conservation,  corrections and community supervision, education, health,
labor, mental health and social services, office  of  general  services,
division of housing and community renewal, the president of the New York
state  energy research and development authority, 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.