NY Exec L § 379 (2021)
2021 New York Laws EXC - Executive Article 18 - New York State Uniform Fire Prevention and Building Code Act 379 - Incorporation of Higher Standards by Council Upon Recommendation of Local Government; Local Building Regulations.

§ 379. Incorporation    of    higher   standards   by   council   upon   recommendation of  local  government;  local  building  regulations.  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. Such local laws or ordinances shall take  full  force  and   effect  upon  an  affirmative  determination  by the council as provided   herein.2. If the council finds that such higher or more restrictive standards   are reasonably necessary because of special conditions prevailing within   the local government and  that  such  standards  conform  with  accepted   engineering  and  fire  prevention  practices  and  the purposes of this   article, the council shall adopt such standards, in whole or  part.  The   council  shall  have  the  power  to  limit the term or duration of such   standards, impose conditions in connection with  the  adoption  thereof,   and to terminate such standards at such times, and in such manner as the   council may deem necessary, desirable or proper.3.  Nothing  in  this  article  shall  be  construed  to  prohibit any   municipality from adopting or enacting any building regulations relating   to any matter as to which the uniform fire prevention and building  code   does not provide, but no municipality shall have the power to supersede,   void,  repeal  or  make  more or less restrictive any provisions of this   article or of rules or regulations made pursuant hereto.4. Within one hundred twenty days after  the  effective  date  of  the   uniform code, a local government may by resolution duly enacted petition   the  council  for  a  determination  as  to whether an existing building   and/or fire code in force in said local  government  is  more  stringent   than  the  uniform  code.  During  the  period  in  which the council is   considering such petition such local code shall remain in full force and   effect. If, after review, the council determines that such local code is   less stringent than the uniform code the council shall notify the  chief   executive  officer or, if there be none, the chairman of the legislative   body of such local government and the uniform code  shall,  thirty  days   after  the  date of notification, apply in such local government. If the   council finds that such local  code  is  not  less  stringent  than  the   uniform  code  such  local  code shall continue in full force and effect   until the council, upon its own initiative, reviews such local code  and   determines  that  it  is no longer more stringent, whereupon the council   shall notify the chief executive officer or chairman of the  legislative   body  of  such  local  government  and  thirty  days  after  the date of   notification the uniform code shall apply in such local government.5. Notwithstanding the provisions of subdivision one of this  section,   the  legislative  body of Nassau county may have duly enacted or adopted   or may duly enact or adopt local laws or ordinances imposing  higher  or   more  restrictive  standards for construction within the jurisdiction of   the county than are applicable generally to the county  in  the  uniform   code.  The chief executive officer, or if there be none, the chairman of   the legislative body of the county, shall notify the council, and  shall   petition  the  council  for  a determination of whether such preexisting    local laws or ordinances, or within thirty days  of  such  enactment  or   adoption  of  such local laws or ordinances, are more stringent than the   standards for construction applicable generally to such  county  in  the   uniform code. During the period in which the council is considering such   petition,  such  local laws or ordinances shall remain in full force and   effect.