N.Y. Executive Law § 371: Statement of legislative findings and purposes

§ 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

buildings;

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.