N.Y. Executive Law § 381: Administration and enforcement of the New York state uniform fire prevention and building code and the New York state energy conservation...

§ 381. Administration and enforcement of the New York state uniform

fire prevention and building code and the New York state energy

conservation construction code. 1. The secretary shall promulgate rules

and regulations prescribing minimum standards for administration and

enforcement of the uniform fire prevention and building code promulgated

in accordance with sections three hundred seventy-seven and three

hundred seventy-eight of this article and the state energy conservation

construction code adopted in accordance with article eleven of the

energy law. Such rules and regulations shall become effective not later

than the first day of January, nineteen hundred eighty-five. The

secretary shall promulgate such regulations after public hearing and

after considering reaction to initial administration and enforcement of

the uniform building and fire prevention code, including how local

governments have organized to provide for such initial administration

and enforcement. Such rules and regulations shall address the nature and

quality of enforcement and shall include, but not be limited to the

following:

a. frequency of mandatory inspections for compliance with the uniform

code and the state energy conservation construction code,

b. number and qualifications of staff, including requirements that

inspectors be certified pursuant to this chapter,

c. required minimum fees for administration and enforcement,

d. adequacy of inspections,

e. adequacy of means for insuring compliance with the uniform code and

the state energy conservation construction code, including provisions

intended to achieve compliance with the state energy conservation

construction code consistent with the compliance goals set forth in

section 410(2)(C) of the American Recovery and Reinvestment Act of 2009,

f. establishment of a procedure whereby any provision or requirement

of the uniform code may be varied or modified in cases where strict

compliance with such provision or requirement would entail practical

difficulties or unnecessary hardship or would otherwise be unwarranted.

Such procedure shall be designed to insure that any such variance or

modification shall not substantially affect adversely provisions for

health, safety and security, and that equally safe and proper

alternatives may be prescribed. Requests for a variance shall be

resolved within sixty days of the date of application unless a longer

period is required for good cause shown,

g. procedures for inspection of certain classes of buildings based

upon design, construction, ownership, occupancy or use, including, but

not limited to, mobile homes, factory manufactured homes and state-owned

buildings,

h. minimum basic training and in-service training requirements for

personnel charged with administration and enforcement of the state

energy conservation construction code;

i. standards and procedures for measuring the rate of compliance with

the state energy conservation construction code, and provisions

requiring that such rate of compliance be measured on an annual basis;

and

j. procedures requiring the documentation of compliance with

regulations adopted pursuant to section thirteen hundred seventy-seven

of the public health law as a condition to issuance of a certificate of

occupancy or certificate of compliance following a periodic fire safety

and property maintenance inspection for multiple dwellings.

Nothing in the rules shall require or be construed to require regular,

periodic inspections of (A) owner-occupied one and two-family dwellings,

or (B) agricultural buildings used directly and solely for agricultural

purposes, provided, however that this shall not be a limitation on

inspections conducted at the invitation of the owner or where conditions

on the premises threaten or present a hazard to public health, safety,

or welfare.

2. Except as may be provided in regulations of the secretary pursuant

to subdivision one of this section, every local government shall

administer and enforce the uniform fire prevention and building code and

the state energy conservation construction code on and after the first

day of January, nineteen hundred eighty-four, provided, however, that a

local government may enact a local law prior to the first day of July in

any year providing that it will not enforce such codes on and after the

first day of January next succeeding. In such event the county in which

said local government is situated shall administer and enforce such

codes within such local government from and after the first day of

January next succeeding the effective date of such local law, in

accordance with the provisions of paragraph b of subdivision five of

this section unless the county shall have enacted a local law providing

that it will not enforce such codes within that county. In such event

the secretary in the place and stead of the local government shall,

directly or by contract, administer and enforce the uniform code and the

state energy conservation construction code. A local government or a

county may repeal a local law which provides that it will not enforce

such codes and shall thereafter administer and enforce such codes as

provided above. Two or more local governments may provide for joint

administration and enforcement of the uniform code, the state energy

conservation construction code, or both, by agreement pursuant to

article five-G of the general municipal law. Any local government may

enter into agreement with the county in which such local government is

situated to administer and enforce the uniform code, the state energy

conservation construction code, or both, within such local government.

Local governments or counties may charge fees to defray the costs of

administration and enforcement.

3. On and after the first day of July, nineteen hundred eighty-five,

the secretary shall have power to investigate and conduct hearings

relative to whether administration and enforcement of the uniform fire

prevention and building code complies with the minimum standards

promulgated pursuant to subdivision one of this section. At least ten

days written notice of any such hearing shall be provided to the

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

chairman of the legislative body of the local government or county whose

administration and enforcement of the uniform code is at issue.

4. If the secretary determines that a local government has failed to

administer and enforce the uniform fire prevention and building code in

accordance with the minimum standards promulgated pursuant to

subdivision one of this section, the secretary shall take any of the

following actions, either individually or in combination in any

sequence:

a. The secretary may issue an order compelling compliance by such

local government with the standards for administration and enforcement

of the uniform code.

b. The secretary may ask the attorney general to institute in the name

of the secretary an action or proceeding seeking appropriate legal or

equitable relief to require such local government to administer and

enforce the uniform code.

c. the secretary may designate the county in which such local

government is located to administer and enforce the uniform code in such

local government. In the case of such designation, the provisions of

subdivision five of this section shall apply.

d. The secretary may, in the place and stead of the local government,

administer and enforce the uniform code in accordance with the minimum

standards promulgated pursuant to subdivision one of this section. In

such event, the provisions of subdivision five of this section shall

apply.

5. Where the secretary has designated a county to administer and

enforce the uniform fire prevention and building code within a local

government or has assumed authority for administration and enforcement

pursuant to subdivision two or paragraph d of subdivision four of this

section:

a. Such local government or county government shall not administer and

enforce the uniform code, and shall not charge or collect fees for such

administration and enforcement.

b. Such county shall administer and enforce the uniform code within

such local government from and after the date of such designation. Such

administration and enforcement shall apply the minimum standards

promulgated by the secretary pursuant to subdivision one of this

section. Notwithstanding any other provisions of law, such county shall

have full power to administer and enforce the uniform code in accordance

with such minimum standards, including the power to charge and collect

fees for such administration and enforcement.

c. The secretary shall designate the local government or county

government to resume administration and enforcement of the uniform code

when the secretary is satisfied that such local government or county

will provide such administration and enforcement in compliance with the

minimum standards promulgated pursuant to subdivision one of this

section.

d. The provisions of subdivisions three and four of this section shall

apply to counties which have been designated to administer and enforce

the uniform code in such local government.

6. The secretary shall study and from time to time make

recommendations to the governor and legislature concerning:

a. Appropriate means to provide encouragement, support and inducements

for local governments and counties to exercise their responsibilities

pursuant to this section; and

b. Appropriate means to provide encouragement, support and inducements

to facilitate compliance with the provisions of the uniform code.