Relates to the adoption by local governments of higher or more restrictive standards for construction

Title of bill

An act to amend the executive law, in relation to the adoption by local governments of higher or more restrictive standards for construction

Purpose of the bill

To amend Executive Law § 379 to require approval by the State Fire Prevention and Building Code Council prior to approving local standards for construction which are higher or more restrictive than those applicable generally in the Uniform Fire Prevention and Building Code ("Uniform Code").

Summary of specific provisions

§ 1 - Amends Executive Law § 379 to require local governments that propose to adopt higher or more restrictive standards to obtain the approval of the State Fire Prevention and Building Code Council ("Code Council") prior to such proposed local standards taking effect. The local standards would not take effect while the Code Council considers the local government's petition.

§ 2 - Effective date.

Existing law

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 Code; 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.

Justification

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.

Prior legislative history

New bill.

Effective date

This act shall take effect immediately.