What's happening
This bill requires local construction laws that are more restrictive than state standards to take effect only after state council approval.
Why it matters
Limits immediate enforcement of stricter local building codes. Local governments can no longer put more restrictive construction standards into effect right away; they must wait for state council approval, slowing down local regulatory responses to specific community needs or concerns.
Centralizes control over construction standards. The bill shifts decision-making power from local governments to the state council, potentially making it harder for localities to address unique environmental, safety, or historical preservation issues unless the state agrees.
Could create delays for local initiatives. Projects or policies aiming to quickly address local safety, resilience, or sustainability concerns may be delayed during the state review process, potentially impacting community priorities or urgent issues.
Seeks statewide uniformity in construction codes. By requiring state approval, the bill aims to prevent a patchwork of differing local regulations, which could benefit developers and builders operating in multiple jurisdictions, but may reduce local flexibility.
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Who cares
Headline styles
Allow Stricter Local Building Codes
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 3
No co-sponsors yet.
History
- Substituted by A6361
- Advanced to third reading
- 2nd report cal.
- 1st report cal.417
- Referred to housing, construction and community development
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Towns Set Stricter Codes
Signed by Governor · Sponsor Fred Thiele
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4284
2017-2018 Regular Sessions
IN SENATE
February 8, 2017
Introduced by Sen. CROCI -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development
AN ACT to amend the executive law, in relation to the adoption by local governments of higher or more restrictive standards for construction
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 379 of the executive law, as amended by chapter 772 of the laws of 1986, is amended to read as follows:
1. Except in the case of factory manufactured homes, intended for use as one or two family dwelling units or multiple dwellings of not more than two stories in height, the legislative body of any local government may duly enact or adopt local laws or ordinances imposing higher or more restrictive standards for construction within the jurisdiction of such local government than are applicable generally to such local government in the uniform code. Within thirty days of such enactment or adoption, the chief executive officer, or if there be none, the chairman of the legislative body of such local government, shall so notify the council, and shall petition the council for a determination of whether such local laws or ordinances are more stringent than the standards for construction applicable generally to such local government in the uniform code. [During the period in which the council is considering such petition, such] Such local laws or ordinances shall [remain in] take full force and effect upon an affirmative determination by the council as provided herein.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00979-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.