N.Y. Executive Law § 379: Incorporation of higher standards by council upon recommendation of local government; local building regulations

§ 379. Incorporation of higher standards by council upon

recommendation of local government; local building regulations. 1.

Except in the case of factory manufactured homes, intended for use as

one or two family dwelling units or multiple dwellings of not more than

two stories in height, the legislative body of any local government may

duly enact or adopt local laws or ordinances imposing higher or more

restrictive standards for construction within the jurisdiction of such

local government than are applicable generally to such local government

in the uniform code. Within thirty days of such enactment or adoption,

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

legislative body of such local government, shall so notify the council,

and shall petition the council for a determination of whether such local

laws or ordinances are more stringent than the standards for

construction applicable generally to such local government in the

uniform code. Such local laws or ordinances shall take full force and

effect upon an affirmative determination by the council as provided

herein.

2. If the council finds that such higher or more restrictive standards

are reasonably necessary because of special conditions prevailing within

the local government and that such standards conform with accepted

engineering and fire prevention practices and the purposes of this

article, the council shall adopt such standards, in whole or part. The

council shall have the power to limit the term or duration of such

standards, impose conditions in connection with the adoption thereof,

and to terminate such standards at such times, and in such manner as the

council may deem necessary, desirable or proper.

3. Nothing in this article shall be construed to prohibit any

municipality from adopting or enacting any building regulations relating

to any matter as to which the uniform fire prevention and building code

does not provide, but no municipality shall have the power to supersede,

void, repeal or make more or less restrictive any provisions of this

article or of rules or regulations made pursuant hereto.

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

uniform code, a local government may by resolution duly enacted petition

the council for a determination as to whether an existing building

and/or fire code in force in said local government is more stringent

than the uniform code. During the period in which the council is

considering such petition such local code shall remain in full force and

effect. If, after review, the council determines that such local code is

less stringent than the uniform code the council shall notify the chief

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

body of such local government and the uniform code shall, thirty days

after the date of notification, apply in such local government. If the

council finds that such local code is not less stringent than the

uniform code such local code shall continue in full force and effect

until the council, upon its own initiative, reviews such local code and

determines that it is no longer more stringent, whereupon the council

shall notify the chief executive officer or chairman of the legislative

body of such local government and thirty days after the date of

notification the uniform code shall apply in such local government.

5. Notwithstanding the provisions of subdivision one of this section,

the legislative body of Nassau county may have duly enacted or adopted

or may duly enact or adopt local laws or ordinances imposing higher or

more restrictive standards for construction within the jurisdiction of

the county than are applicable generally to the county in the uniform

code. The chief executive officer, or if there be none, the chairman of

the legislative body of the county, shall notify the council, and shall

petition the council for a determination of whether such preexisting

local laws or ordinances, or within thirty days of such enactment or

adoption of such local laws or ordinances, are more stringent than the

standards for construction applicable generally to such county in the

uniform code. During the period in which the council is considering such

petition, such local laws or ordinances shall remain in full force and

effect.