N.Y. Executive Law § 373: Required immediate applicability of existing state codes

§ 373. Required immediate applicability of existing state codes. 1.

The state building construction code provided for in article eighteen of

this chapter, as added by chapter eight hundred of the laws of nineteen

hundred fifty-one and the state building conservation and fire

prevention code provided for in article eighteen-A of this chapter shall

be applicable from and after the first day of March, nineteen hundred

eighty-two in every local government that does not on such date have in

effect a building or fire protection code. Said state building

construction code and state building conservation and fire prevention

code shall also be applicable in every local government that on the

first day of March, nineteen hundred eighty-two has a building or fire

prevention code in effect but which prior to the first day of January,

nineteen hundred eighty-four, repeals such code, provided, however, that

in the case of any such repeal, the state building construction code and

the state building conservation and fire prevention code shall apply

within such local government from and after the date of such repeal.

2. The secretary shall, within thirty days after the effective date of

this article, notify the elective or appointive chief executive officer

or, if there be none, the chairman of the legislative body of each local

government and county of the provisions of this section.

3. The secretary shall, within ninety days after the effective date of

this article, promulgate regulations establishing minimum standards for

administration and enforcement of the state building construction code

and the state building conservation and fire prevention code by local

governments to which this section applies.

4. Within sixty days after the effective date of the regulations

required by subdivision three of this section the elective or appointive

chief executive officer of each local government to which this section

applies shall report in writing to the executive or appointive chief

executive officer or, if there be none, the chairman of the county

legislative body of the county in which the local government is

situated, the measures it has taken or contemplates taking for

administration and enforcement of the state building construction code

and the state building conservation and fire prevention code.

5. Within one hundred twenty days after the effective date of the

regulations required by subdivision three of this section the elective

or appointive chief executive officer or, if there be none, the chairman

of the county legislative body shall forward to the secretary the

reports of the local governments required by subdivision four of this

section together with a report of the measures such county or local

government has taken or contemplates taking for administration and

enforcement of the state building construction code and the state

building conservation and fire prevention code.

6. On and after the first day of March, nineteen hundred eighty-two,

the provisions of subdivisions three, four and five of section three

hundred eighty-one of this article shall immediately apply to the

administration and enforcement of the state building construction code

and the state building conservation and fire prevention code by every

local government in which such codes have been made applicable pursuant

to this section.