N.Y. EXC Law § 375 — New York Code / Act EXC / Article 18 / Section 375
Powers of the council
Status: in_force

§ 375. Powers of the council. The council is authorized and empowered:\n1. To subpoena witnesses, take testimony, compel production of books and\nrecords and to hold public hearings. The secretary may designate one or\nmore members of the council, or one or more officers or employees of the\ndepartment, or the administrator, on request of the secretary, may\ndesignate one or more employees of the office, to hold public hearings\nand report on such hearings to the council.\n  2. To study the operation of the uniform fire prevention and building\ncode, the state energy conservation construction code established by\narticle eleven of the energy law, local regulations and other laws\nrelating to the construction of buildings and the protection of\nbuildings from fire to ascertain their effects upon the cost of building\nconstruction and the effectiveness of their provisions for health,\nsafety and security, particularly as such provisions relate to the\nprotection of life and property from the dangers of fire.\n  3. To recommend tests and approvals or to require the testing and\napproval of materials, devices and methods of construction to ascertain\ntheir acceptability under the requirements of the uniform fire\nprevention and building code.\n  4. To advise and assist the secretary in carrying out the provisions\nand purposes of this article and to make recommendations concerning the\nprogram and activities of the office and appointments to be made by the\nsecretary in connection with the uniform fire prevention and building\ncode.\n  5. To make and establish and, from time to time, alter and amend rules\nfor the organization and internal management of the council, and for\nsuch other purposes as may be necessary, desirable or proper in carrying\nout its powers and duties under this article.\n  6. To avoid duplication of effort and in the interest of economy, the\ncouncil may make use of existing studies, surveys, plans, data and other\nmaterials in the possession of any state agency. Each such agency is\nhereby authorized and directed to make the same available to the council\nand otherwise to assist it in the performance of its functions. The\nofficers and personnel of such agencies may serve at the request of the\ncouncil upon such advisory committees as the council shall determine to\ncreate and such officers and personnel may serve upon such committees\nwithout forfeiture of office or employment and with no loss or\ndiminution in the compensation, status, rights and privileges which they\notherwise enjoy.\n  7. To review and approve standards established by rules and\nregulations promulgated by the commissioner of health for the\nimplementation of item (ii) of clause (a) of section three hundred\ntwenty-two-c of the general business law.\n  8. To examine, evaluate, and make recommendations concerning the\nstandardization of the uniform code and local building codes and permit\nprocesses for the purpose of facilitating and encouraging the\ninstallation and operation of solar and wind energy generating systems\nthroughout the state. For this purpose, the council is authorized to\nhold public hearings and consult with the solar and wind energy\ngenerating industry throughout the state. Any recommendations formulated\npursuant to this subdivision shall be submitted to the governor, the\nsecretary of state, the temporary president of the senate and the\nspeaker of the assembly along with such legislative proposals as the\ncouncil deems necessary to implement its recommendations.\n  9. To examine, evaluate, and make recommendations concerning the\nstandardization of the uniform code and local building codes and permit\nprocesses for the purpose of protection against the effects of sea level\nrise, flooding, saltwater corrosion, coastal or riparian erosion,\nstorms, and other degradation that may arise out of characteristics of\nthe coastal environment or structures located wholly or partially in a\nFederal Emergency Management Agency ("FEMA") designated (i) Special\nFlood Hazard Area according to FEMA's current flood insurance rate maps,\nor (ii) a Moderate Risk Flood Hazard Area according to FEMA's current\nflood insurance rate maps. For this purpose, the council is authorized\nto hold public hearings and consult with relevant stakeholders\nthroughout the state. Any recommendations formulated pursuant to this\nsubdivision shall be submitted to the governor, the secretary of state,\nthe temporary president of the senate and the speaker of the assembly\nalong with such legislative proposals as the council deems necessary to\nimplement its recommendations.\n