NY Exec L § 381 (2021)
2021 New York Laws EXC - Executive Article 18 - New York State Uniform Fire Prevention and Building Code Act 381 - Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code and the New York State Energy Conservation Construction Code.

§ 381.   Administration  and enforcement of the New York state uniform   fire prevention  and  building  code  and  the  New  York  state  energy   conservation construction code.  1. The secretary shall promulgate rules   and  regulations  prescribing  minimum  standards for administration and   enforcement of the uniform fire prevention and building code promulgated   in accordance  with  sections  three  hundred  seventy-seven  and  three   hundred  seventy-eight of this article and the state energy conservation   construction code adopted in  accordance  with  article  eleven  of  the   energy  law. Such rules and regulations shall become effective not later   than the  first  day  of  January,  nineteen  hundred  eighty-five.  The   secretary  shall  promulgate  such  regulations after public hearing and   after considering reaction to initial administration and enforcement  of   the  uniform  building  and  fire  prevention  code, including how local   governments have organized to provide for  such  initial  administration   and enforcement. Such rules and regulations shall address the nature and   quality  of  enforcement  and  shall  include, but not be limited to the   following:a. frequency of mandatory inspections for compliance with the  uniform   code and the state energy conservation construction code,b.  number  and  qualifications  of staff, including requirements that   inspectors be certified pursuant to this chapter,c. required minimum fees for administration and enforcement,d. adequacy of inspections,e. adequacy of means for insuring compliance with the uniform code and   the state energy conservation construction  code,  including  provisions   intended  to  achieve  compliance  with  the  state  energy conservation   construction code consistent with the  compliance  goals  set  forth  in   section 410(2)(C) of the American Recovery and Reinvestment Act of 2009,f.  establishment  of a procedure whereby any provision or requirement   of the uniform code may be varied or  modified  in  cases  where  strict   compliance  with  such  provision  or requirement would entail practical   difficulties or unnecessary hardship or would otherwise be  unwarranted.   Such  procedure  shall  be  designed to insure that any such variance or   modification shall not substantially  affect  adversely  provisions  for   health,   safety   and  security,  and  that  equally  safe  and  proper   alternatives may  be  prescribed.  Requests  for  a  variance  shall  be   resolved  within  sixty  days of the date of application unless a longer   period is required for good cause shown,g. procedures for inspection of certain  classes  of  buildings  based   upon  design,  construction, ownership, occupancy or use, including, but   not limited to, mobile homes, factory manufactured homes and state-owned   buildings,h. minimum basic training and  in-service  training  requirements  for   personnel  charged  with  administration  and  enforcement  of the state   energy conservation construction code; andi. standards and procedures for measuring the rate of compliance  with   the   state   energy  conservation  construction  code,  and  provisions   requiring that such rate of compliance be measured on an annual basis.Nothing in the rules shall require or be construed to require regular,   periodic inspections of (A) owner-occupied one and two-family dwellings,   or (B) agricultural buildings used directly and solely for  agricultural   purposes,  provided,  however  that  this  shall  not be a limitation on   inspections conducted at the invitation of the owner or where conditions   on the premises threaten or present a hazard to public  health,  safety,   or welfare.2.  Except as may be provided in regulations of the secretary pursuant   to subdivision  one  of  this  section,  every  local  government  shall   administer and enforce the uniform fire prevention and building code and    the  state  energy conservation construction code on and after the first   day of January, nineteen hundred eighty-four, provided, however, that  a   local government may enact a local law prior to the first day of July in   any  year providing that it will not enforce such codes on and after the   first day of January next succeeding. In such event the county in  which   said  local  government  is  situated  shall administer and enforce such   codes within such local government from  and  after  the  first  day  of   January  next  succeeding  the  effective  date  of  such  local law, in   accordance with the provisions of paragraph b  of  subdivision  five  of   this  section unless the county shall have enacted a local law providing   that it will not enforce such codes within that county.  In  such  event   the  secretary  in  the  place  and stead of the local government shall,   directly or by contract, administer and enforce the uniform code and the   state energy conservation construction code. A  local  government  or  a   county  may  repeal  a local law which provides that it will not enforce   such codes and shall thereafter administer and  enforce  such  codes  as   provided  above.  Two  or  more  local governments may provide for joint   administration and enforcement of the uniform  code,  the  state  energy   conservation  construction  code,  or  both,  by  agreement  pursuant to   article five-G of the general municipal law. Any  local  government  may   enter  into  agreement with the county in which such local government is   situated to administer and enforce the uniform code,  the  state  energy   conservation  construction  code, or both, within such local government.   Local governments or counties may charge fees to  defray  the  costs  of   administration and enforcement.3.  On  and after the first day of July, nineteen hundred eighty-five,   the secretary shall have  power  to  investigate  and  conduct  hearings   relative  to  whether administration and enforcement of the uniform fire   prevention  and  building  code  complies  with  the  minimum  standards   promulgated  pursuant  to  subdivision one of this section. At least ten   days written notice of  any  such  hearing  shall  be  provided  to  the   elective or appointive chief executive officer or, if there be none, the   chairman of the legislative body of the local government or county whose   administration and enforcement of the uniform code is at issue.4.  If  the secretary determines that a local government has failed to   administer and enforce the uniform fire prevention and building code  in   accordance   with   the   minimum   standards  promulgated  pursuant  to   subdivision one of this section, the secretary shall  take  any  of  the   following   actions,  either  individually  or  in  combination  in  any   sequence:a. The secretary may issue an  order  compelling  compliance  by  such   local  government  with the standards for administration and enforcement   of the uniform code.b. The secretary may ask the attorney general to institute in the name   of the secretary an action or proceeding seeking  appropriate  legal  or   equitable  relief  to  require  such  local government to administer and   enforce the uniform code.c. the  secretary  may  designate  the  county  in  which  such  local   government is located to administer and enforce the uniform code in such   local  government.  In  the  case of such designation, the provisions of   subdivision five of this section shall apply.d. The secretary may, in the place and stead of the local  government,   administer  and  enforce the uniform code in accordance with the minimum   standards promulgated pursuant to subdivision one of  this  section.  In   such  event,  the  provisions  of subdivision five of this section shall   apply.5. Where the secretary has  designated  a  county  to  administer  and   enforce  the  uniform  fire  prevention and building code within a local    government or has assumed authority for administration  and  enforcement   pursuant  to  subdivision two or paragraph d of subdivision four of this   section:a. Such local government or county government shall not administer and   enforce  the uniform code, and shall not charge or collect fees for such   administration and enforcement.b. Such county shall administer and enforce the  uniform  code  within   such  local government from and after the date of such designation. Such   administration  and  enforcement  shall  apply  the  minimum   standards   promulgated  by  the  secretary  pursuant  to  subdivision  one  of this   section. Notwithstanding any other provisions of law, such county  shall   have full power to administer and enforce the uniform code in accordance   with  such  minimum standards, including the power to charge and collect   fees for such administration and enforcement.c. The secretary  shall  designate  the  local  government  or  county   government  to resume administration and enforcement of the uniform code   when the secretary is satisfied that such  local  government  or  county   will  provide such administration and enforcement in compliance with the   minimum standards  promulgated  pursuant  to  subdivision  one  of  this   section.d. The provisions of subdivisions three and four of this section shall   apply  to  counties which have been designated to administer and enforce   the uniform code in such local government.6.  The  secretary  shall  study  and   from   time   to   time   make   recommendations to the governor and legislature concerning:a. Appropriate means to provide encouragement, support and inducements   for  local  governments  and counties to exercise their responsibilities   pursuant to this section; andb. Appropriate means to provide encouragement, support and inducements   to facilitate compliance with the provisions of the uniform code.