N.Y. EXC Law § 381 — New York Code / Act EXC / Article 18 / Section 381
Administration and enforcement of the New York state uniform fire prevention and building code and the New York state energy conservation...
Status: in_force

§ 381.  Administration and enforcement of the New York state uniform\nfire prevention and building code and the New York state energy\nconservation construction code. 1. The secretary shall promulgate rules\nand regulations prescribing minimum standards for administration and\nenforcement of the uniform fire prevention and building code promulgated\nin accordance with sections three hundred seventy-seven and three\nhundred seventy-eight of this article and the state energy conservation\nconstruction code adopted in accordance with article eleven of the\nenergy law. Such rules and regulations shall become effective not later\nthan the first day of January, nineteen hundred eighty-five. The\nsecretary shall promulgate such regulations after public hearing and\nafter considering reaction to initial administration and enforcement of\nthe uniform building and fire prevention code, including how local\ngovernments have organized to provide for such initial administration\nand enforcement. Such rules and regulations shall address the nature and\nquality of enforcement and shall include, but not be limited to the\nfollowing:\n  a. frequency of mandatory inspections for compliance with the uniform\ncode and the state energy conservation construction code,\n  b. number and qualifications of staff, including requirements that\ninspectors be certified pursuant to this chapter,\n  c. required minimum fees for administration and enforcement,\n  d. adequacy of inspections,\n  e. adequacy of means for insuring compliance with the uniform code and\nthe state energy conservation construction code, including provisions\nintended to achieve compliance with the state energy conservation\nconstruction code consistent with the compliance goals set forth in\nsection 410(2)(C) of the American Recovery and Reinvestment Act of 2009,\n  f. establishment of a procedure whereby any provision or requirement\nof the uniform code may be varied or modified in cases where strict\ncompliance with such provision or requirement would entail practical\ndifficulties or unnecessary hardship or would otherwise be unwarranted.\nSuch procedure shall be designed to insure that any such variance or\nmodification shall not substantially affect adversely provisions for\nhealth, safety and security, and that equally safe and proper\nalternatives may be prescribed. Requests for a variance shall be\nresolved within sixty days of the date of application unless a longer\nperiod is required for good cause shown,\n  g. procedures for inspection of certain classes of buildings based\nupon design, construction, ownership, occupancy or use, including, but\nnot limited to, mobile homes, factory manufactured homes and state-owned\nbuildings,\n  h. minimum basic training and in-service training requirements for\npersonnel charged with administration and enforcement of the state\nenergy conservation construction code;\n  i. standards and procedures for measuring the rate of compliance with\nthe state energy conservation construction code, and provisions\nrequiring that such rate of compliance be measured on an annual basis;\nand\n  j. procedures requiring the documentation of compliance with\nregulations adopted pursuant to section thirteen hundred seventy-seven\nof the public health law as a condition to issuance of a certificate of\noccupancy or certificate of compliance following a periodic fire safety\nand property maintenance inspection for multiple dwellings.\n  Nothing in the rules shall require or be construed to require regular,\nperiodic inspections of (A) owner-occupied one and two-family dwellings,\nor (B) agricultural buildings used directly and solely for agricultural\npurposes, provided, however that this shall not be a limitation on\ninspections conducted at the invitation of the owner or where conditions\non the premises threaten or present a hazard to public health, safety,\nor welfare.\n  2. Except as may be provided in regulations of the secretary pursuant\nto subdivision one of this section, every local government shall\nadminister and enforce the uniform fire prevention and building code and\nthe state energy conservation construction code on and after the first\nday of January, nineteen hundred eighty-four, provided, however, that a\nlocal government may enact a local law prior to the first day of July in\nany year providing that it will not enforce such codes on and after the\nfirst day of January next succeeding. In such event the county in which\nsaid local government is situated shall administer and enforce such\ncodes within such local government from and after the first day of\nJanuary next succeeding the effective date of such local law, in\naccordance with the provisions of paragraph b of subdivision five of\nthis section unless the county shall have enacted a local law providing\nthat it will not enforce such codes within that county. In such event\nthe secretary in the place and stead of the local government shall,\ndirectly or by contract, administer and enforce the uniform code and the\nstate energy conservation construction code. A local government or a\ncounty may repeal a local law which provides that it will not enforce\nsuch codes and shall thereafter administer and enforce such codes as\nprovided above. Two or more local governments may provide for joint\nadministration and enforcement of the uniform code, the state energy\nconservation construction code, or both, by agreement pursuant to\narticle five-G of the general municipal law. Any local government may\nenter into agreement with the county in which such local government is\nsituated to administer and enforce the uniform code, the state energy\nconservation construction code, or both, within such local government.\nLocal governments or counties may charge fees to defray the costs of\nadministration and enforcement.\n  3. On and after the first day of July, nineteen hundred eighty-five,\nthe secretary shall have power to investigate and conduct hearings\nrelative to whether administration and enforcement of the uniform fire\nprevention and building code complies with the minimum standards\npromulgated pursuant to subdivision one of this section. At least ten\ndays written notice of any such hearing shall be provided to the\nelective or appointive chief executive officer or, if there be none, the\nchairman of the legislative body of the local government or county whose\nadministration and enforcement of the uniform code is at issue.\n  4. If the secretary determines that a local government has failed to\nadminister and enforce the uniform fire prevention and building code in\naccordance with the minimum standards promulgated pursuant to\nsubdivision one of this section, the secretary shall take any of the\nfollowing actions, either individually or in combination in any\nsequence:\n  a. The secretary may issue an order compelling compliance by such\nlocal government with the standards for administration and enforcement\nof the uniform code.\n  b. The secretary may ask the attorney general to institute in the name\nof the secretary an action or proceeding seeking appropriate legal or\nequitable relief to require such local government to administer and\nenforce the uniform code.\n  c. the secretary may designate the county in which such local\ngovernment is located to administer and enforce the uniform code in such\nlocal government. In the case of such designation, the provisions of\nsubdivision five of this section shall apply.\n  d. The secretary may, in the place and stead of the local government,\nadminister and enforce the uniform code in accordance with the minimum\nstandards promulgated pursuant to subdivision one of this section. In\nsuch event, the provisions of subdivision five of this section shall\napply.\n  5. Where the secretary has designated a county to administer and\nenforce the uniform fire prevention and building code within a local\ngovernment or has assumed authority for administration and enforcement\npursuant to subdivision two or paragraph d of subdivision four of this\nsection:\n  a. Such local government or county government shall not administer and\nenforce the uniform code, and shall not charge or collect fees for such\nadministration and enforcement.\n  b. Such county shall administer and enforce the uniform code within\nsuch local government from and after the date of such designation. Such\nadministration and enforcement shall apply the minimum standards\npromulgated by the secretary pursuant to subdivision one of this\nsection. Notwithstanding any other provisions of law, such county shall\nhave full power to administer and enforce the uniform code in accordance\nwith such minimum standards, including the power to charge and collect\nfees for such administration and enforcement.\n  c. The secretary shall designate the local government or county\ngovernment to resume administration and enforcement of the uniform code\nwhen the secretary is satisfied that such local government or county\nwill provide such administration and enforcement in compliance with the\nminimum standards promulgated pursuant to subdivision one of this\nsection.\n  d. The provisions of subdivisions three and four of this section shall\napply to counties which have been designated to administer and enforce\nthe uniform code in such local government.\n  6. The secretary shall study and from time to time make\nrecommendations to the governor and legislature concerning:\n  a. Appropriate means to provide encouragement, support and inducements\nfor local governments and counties to exercise their responsibilities\npursuant to this section; and\n  b. Appropriate means to provide encouragement, support and inducements\nto facilitate compliance with the provisions of the uniform code.\n