Provides for the review of local governments' construction standards by the state fire prevention and building code council

Summary of specific provisions

Section 1 amends subdivisions 1, 2, 3, 4 and 5 of the Executive Law 379 and adds a new subdivision 6 to change the process by which cities, towns, villages and Nassau County may adopt higher or more restrictive construction standards than are applicable generally in the Uniform Code.

Subdivision 1 is amended to require local governments that propose to adopt higher or more restrictive standards to first petition the State Fire Prevention and Building Code Council ("Code Council") for approval of such proposed local standards. The local standards would not take effect while the Code Council considers the local government's petition.

Subdivision 2 is amended to provide that council review be completed and a determination issued within 180 days of receipt of a complete petition. If the Code Council fails to issue a determination in 180 days, the local government would be authorized to adopt the higher or more restrictive standard without council approval. The criteria for approval of a local standard by the Code Council would be clarified. In addition, the Code Council would be required to review local standards every three years to ensure that such standards are consistent with any changes to the Uniform Code adopted since the last review.

Subdivision 3 is amended to eliminate from its provisions an apparent inconsistency with subdivisions 1 and 2 of the statute.

Subdivision 4 and 5 would be amended and a new subdivision 6 added to the statute for the purpose of conforming the process for approving local standards proposed for adoption by Nassau County to the procedures set out in subdivisions one and two for approval of local standards.

Section 2 - Effective date.

Justification

Executive Law § 379 authorizes cities, towns, villages and Nassau County to adopt local laws or ordinances which impose higher or more restrictive standards for construction than are applicable generally in the Uniform Cod; provided the municipality petitions the Code Council within thirty days of the adoption of such law or ordinance for a determination of whether the local standard is more stringent than the standard applicable in the Uniform Code. During the period in which the Code Council is considering such a

petition any such local laws or ordinances remain in full force and effect.

The Uniform Fire Prevention and Building Code is intended to be the minimum standard for building construction and fire prevention in the State. Executive Law § 379 authorizes adoption of higher or more restrictive local standards so long as such standards are reasonably necessary because of special conditions prevailing within the municipality adopting such standard. Any local standard adopted by a local governing body must be reviewed and approved by the Code Council. Although the Code Council's approval is necessary for the local standard to remain in effect, the statute currently provides for a mechanism whereby the local government adopts the local standard and continues to enforce its requirements while its petition for approval by the Code Council is pending. This has led to situations where eventually the local standards were disapproved by the Code Council because of the absence of special conditions prevailing within the municipality. However, local property owners were required to comply with the more restrictive standard during the pendency of the municipality's petition before the Code Council.

The better practice would be to delay the effectiveness of the proposed local standard and continue the applicability of the minimum standards of the Uniform Code until the Code Council has had the opportunity to review and approve the proposed local standard. To ensure timely review by the Code Council, the amended statute would require council review and a determination to occur within 180 days of receipt of a petition or the local standard will be deemed approved. In accordance with the directives of Executive Law § 374, the Code Council meets quarterly. In 2002, the Code Council adopted new text to replace the current provisions of the New York Uniform Fire Prevention and Building Code. This new text took effect January 1, 2003 and was based upon a set of model codes developed by an organization comprised of government and industry representatives from throughout the nation. The goal of using national model codes as the basis of New York regulation is to bring the State into conformity with building and fire code provisions in use across the country. Conformity presumes uniformity to the greatest extent possible. Allowing local governments to adopt and enforce local standards which differ from the standard enforced throughout the country without first establishing that special conditions justify such a variation is contrary to this presumption of uniformity.

Prior legislative history

2005-2006: A.10609/S5027; 2003-2004: S.4904.;2007-2008.S.4800

Fiscal implications

None to the state.

Effective date

This act shall take effect immediately.