Relates to procedures for the adoption of local laws imposing more restrictive standards for construction than those under the state code

Section 2 amends Executive Law § 379(2) to clarify that the provisions relating to Code Council review and approval of MRLS apply to standards enacted or adopted by a local government (defined as a village, town or city) or by Nassau County.

Section 3 amends Executive Law § 379(3) to clarify that subdivision (3), which currently provides that no municipality shall have the power to supersede, void, repeal or make less restrictive any provision of any rule or regulation made pursuant to Article 18 of the Executive Law, does not limit the authority of any local government (defined as a village, town or city) or Nassau County to enact or adopt MRLS as provided in Executive Law §§ 379(1) and 379(5), respectively.

Section 4 amends Executive Law § 379(5) to provide that MRLS for construction imposed by a local law or ordinance enacted or adopted by Nassau County shall not be effective until such standards have been approved by the Code Council. Provisions relating to MRLS that may have been enacted or adopted by Nassau County before the effective date of the chapter law that originally added subdivision (5) to section 379 of the Executive Law are no longer necessary, and would be removed by section 4 of this bill.

Section 5 provides that the bill shall take effect immediately.

Existing law

Executive Law § 379(1) authorizes a local government (defined as a village, town or city) to enact or adopt local laws or ordinances imposing higher or more restrictive standards for construction than are applicable generally under the Uniform Code. Executive Law § 379(5) authorizes Nassau County to enact or adopt such local laws or ordinances.

When a local government or Nassau County enacts or adopts such a local law or ordinance, it must notify and petition the Code Council for a determination of whether the standards imposed by such local law or ordinance are higher or more restrictive than those imposed by the Uniform Code. Such a local law or ordinance remains in full force and effect during the period in which the Code Council is considering the petition. The Code Council may "adopt" the higher or more restrictive standards imposed by any such local law or ordinance only if the Code Council finds (1) that such standards are reasonably necessary because of special conditions prevailing within the local government, and (2) that such standards conform with generally accepted engineering and

fire prevention practices and the purposes of Article 18 of the Executive Law.

Prior legislative history

This is a new proposal.

Statement in support

Executive Law § 379 currently authorizes local governments (defined as a villages, towns or cities) and Nassau County, to enact or adopt local laws or ordinances imposing MRLS for construction that differ from those imposed by the Uniform Code. Within thirty days of the enactment or adoption of any such local law or ordinance, a local government or Nassau County, as the case may be, must petition the council for a determination of whether the local law or ordinance is in fact more stringent than the Uniform Code. Under current law, while the Code Council is considering such a petition, any such local law or ordinance remains in full force and effect.

The Code Council's approval is based on: 1) a determination that such standards are, in fact, higher or more restrictive than those imposed by the Uniform Code; 2) a finding that such standards are reasonably necessary because of special conditions prevailing within the local government; and 3) a finding that such standards conform with accepted engineering and fire prevention practices and with the purposes of Article IS of the Executive Law.

The Code Council may ultimately determine that the standards imposed by a local law or ordinance are actually less restrictive than those specified in the Uniform Code; that the standards cannot be approved because they are not justified by special conditions prevailing in the local government; or that they do not conform with accepted engineering and fire prevention practices or the purposes of Article 18 of the Executive Law. Under such circumstances, the petitioning government will have had less restrictive or otherwise conflicting standards in effect during the period of time between the adoption of its local law or ordinance and the disapproval of the standards by the Code Council. Such a scenario leads to confusion on the part of regulated parties and uncertainty about the state of the law.

Accordingly, this bill seeks to prevent such confusion and uncertainty by requiring that the Code Council approve MRLS imposed by a local law or ordinance before such standards may become effective.

Budget implications

None.

Effective Date: This bill would take effect immediately.