N.Y. Executive Law § 383: Construction with other laws; severability

§ 383. Construction with other laws; severability. 1. The provisions

of this article and of the uniform fire prevention and building code

shall supersede any other provision of a general, special or local law,

ordinance, administrative code, rule or regulation inconsistent or in

conflict therewith provided however:

a. Nothing herein shall impair the validity of any action taken

pursuant to or in compliance with such law or regulation before the

effective date of the uniform code; and

b. Any improvement, modification, alteration, adaptation, redesign or

repair required by or pursuant to any general, special or local law,

administrative code, rule or regulation enacted and effective before the

effective date of the uniform code shall be made in the manner and

within the time so required.

c. That, in cities with a population of over one million, the existing

building and fire prevention codes shall continue in full force and

effect beyond January one, nineteen hundred eighty-four unless the

council, after analysis and consultation with the building and fire

officials of such cities, shall determine that said local code

provisions are less stringent than the uniform code. Existing local

statutory, regulatory and administrative laws and provisions of such

cities shall continue in full force and effect unless the foregoing is

determined by the council. Notwithstanding this paragraph, when such

factory manufactured homes are intended for use as one or two family

dwelling units or multiple dwellings of not more than two stories in

height, provided such multiple dwellings are not intended for use as

hotels or motels, the provisions of this article and of the uniform fire

prevention and building code pertaining to factory manufactured homes

shall supersede any other provision of general, special or local law,

ordinance, administrative code, rule or regulation inconsistent or in

conflict therewith.

2. Nothing herein shall be construed as affecting the authority of the

state labor department to enforce a safety or health standard issued

under provisions of sections twenty-seven and twenty-seven-a of the

labor law.

3. Nothing herein shall be construed to relieve a person from

complying with a stricter standard issued pursuant to the Occupational

Safety and Health Act of 1970, as amended.

4. If any section of this article or the application thereof to any

person or circumstances shall be adjudged invalid by a court of

competent jurisdiction, such order or judgment shall be confined in its

operation to the controversy in which it was rendered, and shall not

affect or invalidate the remainder of any provision of any section or

the application of any part thereof to any other person or circumstances

and to this end the provisions of each section of the article are hereby

declared to be separable.