NY Exec L § 374 (2021)
2021 New York Laws EXC - Executive Article 18 - New York State Uniform Fire Prevention and Building Code Act 374 - State Fire Prevention and Building Code Council.

§  374.  State  fire prevention and building code council. 1. There is hereby created and established in the department of state a council,  to be  known  as  the state fire prevention and building code council. Such council shall consist of the secretary of state, as chairman, the  state fire administrator and fifteen other members to be appointed as follows:   a.  Two  members,  to  be  appointed  by  the governor, from among the commissioners of the departments of  economic  development,  corrections and  community  supervision, education, health, labor, mental health and social services, office of general services,  division  of  housing  and community renewal, and the superintendent of financial services.   b.  Six members, to be appointed by the governor, one of whom shall be an elected official of a city with a population over one million, one of whom shall be an elected official of another city with a population over one hundred thousand, one of whom shall be an elected  official  of  any other city, one of whom shall be an elected county official, one of whom shall  be  an elected town official, and one of whom shall be an elected village official.   c. Seven members, to be appointed by the governor with the advice  and consent of the senate, one of whom shall be a fire service official, one of  whom  shall  be  a  registered  architect,  one  of  whom shall be a professional engineer, one of whom shall be a code enforcement official, one of whom shall represent builders, one of whom shall represent  trade unions,  and  one of whom shall be a person with a disability as defined in section two hundred ninety-two of this  chapter  who  would  directly benefit  from  the  provisions  of article thirteen of the state uniform fire  prevention  and  building  code.  The  registered  architect   and professional   engineer   shall  be  duly  licensed  to  practice  their respective professions in the state of New York. After the certification of code enforcement personnel pursuant to this chapter shall have  begun said code enforcement official shall be so certified.   2.  The  members  of  the  council, other than the ex-officio members, shall serve for terms of four years provided, however, that  any  member appointed  pursuant  to  paragraph  b of subdivision one of this section shall cease to be a member of the council when  such  member  no  longer holds the elective office which made such member eligible to appointment under  such  paragraph.  Such  terms  shall  commence on April first and expire on March thirty-first provided,  however,  that  of  the  members first  appointed  pursuant  to  paragraph  b  of subdivision one of this section, three shall be appointed for terms of four years and three  for a  term  of  two  years,  of  the  members  first  appointed pursuant to paragraph c of subdivision one of this section, three shall be appointed for terms of four years and three for a  term  of  two  years,  and  the member  first  appointed  pursuant  to paragraph d of subdivision one of this section shall be appointed for a  term  of  four  years.  Vacancies shall  be  filled for unexpired terms in the same manner as the original appointments.   3. The council shall meet at  least  quarterly  at  the  call  of  the chairman.  Additional  meetings  may  be  called upon at least five days notice by the chairman or by petition of five members of the council.   4. No member of the council shall be  disqualified  from  holding  any other  public office, nor shall employment be forfeited by reason of the member's appointment hereunder, notwithstanding the  provisions  of  any general, special or local law, ordinance, county or city charter.   5.  Each  member  of  the  council,  other than a full-time government official, shall receive per diem compensation at the rate of one hundred fifty dollars per day for each day  spent  in  the  performance  of  his duties.  All  members  of the council shall receive actual and necessary expenses incurred in the performance of their duties.    6. The governor may remove any member  for  inefficiency,  neglect  of duty  or  misconduct  in  office  after giving him a copy of the charges against him and an opportunity to be heard, in person or by  counsel  in his  defense, upon not less than ten days notice. If any member shall be so  removed,  the  governor shall file in the office of the secretary of state a complete statement of charges made aginst such member,  and  his finding thereon, together with a complete record of the proceedings.   7.  The  ex-officio  members of the council and the elected county and local government official members appointed pursuant to paragraph  b  of subdivision  one  of  this  section  may, by official authority filed in their respective agencies, county or  local  governments  and  with  the secretary,  designate  a  deputy  or  other  officer of their respective agency, county or local government to exercise their powers and  perform their duties on the council.   8.  The  council  may create such subcommittees as it may from time to time deem appropriate to provide  it  with  advice  and  recommendations concerning the performance of its duties under this article.   9.  a.  The chairman of the council shall appoint an advisory board on assistive listening  systems  in  places  of  public  assembly  for  the purposes   of  providing  the  full  council  with  recommendations  for standards for such systems. Such advisory board  shall  consist  of  the state  fire  administrator,  who  shall serve as chairman, and six other members to be appointed as follows:  (i) three members from among the members of the state fire  prevention and building code council,  (ii)  three  members one of whom shall represent an organization which serves as an advocate for the deaf and hard  of  hearing,  one  of  whom shall  represent consumers of products designed for the deaf and hard of hearing, and one of whom represents an institution of  higher  education with  expertise in the area of assistive listening technology, who shall be entitled  to  be  reimbursed  for  necessary  travel  and  incidental expenses  out  of  monies  appropriated  to  the division of housing and community renewal.   b. Such advisory board shall, prior to December thirty-first, nineteen hundred eighty-nine, submit to the state fire  prevention  and  building code council:  (i)  findings  on  the  extent  of  existing  federal, state and local requirements for assistive listening systems,  (ii) findings on the  type,  design  and  use  of  existing  assistive listening systems,  (iii)  recommendations  for  design  and  installation  standards  for assistive listening systems intended for places of public assembly, and  (iv) recommendations for  capacity  standards  for  places  of  public assembly which shall be required to install assistive listening systems.   c.  In  developing  such recommendations the advisory board shall take into consideration the costs of such systems,  the  standardization  and compatibility  of  such  systems,  if  the  technology  permits, and the utilization of such systems by the consumer  who  is  deaf  or  hard  of hearing.  Particular  attention  should  be  given  to  the  ability  of consumers to utilize a single receiver which is compatible in a  variety of   installations   employing   the  same  assistive  listening  device technology.   d. In addition,  the  advisory  board  shall  ensure,  to  the  extent possible,  that  the standards developed for the design and installation of assistive listening systems take into consideration  the  opportunity for  competition  among  manufacturers  of  the same or various approved systems.