2023 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.