2023 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; and
* NB Effective until May 3, 2026
* h.  minimum  basic training and in-service training requirements for
  personnel charged with  administration  and  enforcement  of  the  state
  energy conservation construction code;
* NB Effective May 3, 2026
* i.  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.
* NB Effective until May 3, 2026
* i.  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;
  and
* NB Effective May 3, 2026
* j.   procedures  requiring  the  documentation  of  compliance  with
  regulations adopted pursuant to section thirteen  hundred  seventy-seven
  of  the public health law as a condition to issuance of a certificate of
  occupancy or certificate of compliance following a periodic fire  safety
  and property maintenance inspection for multiple dwellings.
* NB Effective May 3, 2026
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; and
b. Appropriate means to provide encouragement, support and inducements
  to facilitate compliance with the provisions of the uniform code.