New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1201 - Uniform Code: Procedures For Certain Classes Of Buildings › Section 1201.2 - Governmental buildings and activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A city, village, town or county will be
				accountable for administration and enforcement of the Uniform Code with respect
				to buildings, premises and equipment in the custody of, or activities related
				thereto undertaken by, the respective city, village, town or county.
(b) A city, village, town or county shall be
				accountable for administration and enforcement of the Uniform Code with respect
				to buildings, premises and equipment in the custody of, or activities related
				thereto undertaken by, any special purpose unit of local government created by
				or for the benefit of the respective city, village, town or county.
(c) A county or a city which participates in
				a regional off-track betting corporation established pursuant to article V of
				the Racing, Pari-Mutuel Wagering and Breeding Law shall be accountable for
				administration and enforcement of the Uniform Code with respect to buildings,
				premises and equipment in the custody of, or activities related thereto
				undertaken by, such corporation, whenever such buildings, premises, equipment
				or activities are located or occur within the boundaries of the respective
				county or city.
(d)
(1) The State shall be accountable for
				administration and enforcement of the Uniform Code with respect to buildings,
				premises and equipment in the custody of, or activities related thereto
				undertaken by, a State department, bureau, commission, board or
				authority.
(2) Without limiting the
				generality of the provisions of paragraph (1) of this subdivision, the State
				shall be accountable for administration and enforcement of the Uniform Code
				with respect to all statewide wireless network facilities (as the term is
				defined in section
				1204.3[j] of this
				Title) and all activities related thereto undertaken by the Office for
				Technology; provided, however, that nothing in this paragraph shall be
				construed as subjecting to the provisions of the Uniform Code any statewide
				wireless network facility that would not otherwise be subject to the provisions
				of the Uniform Code.
(3) In the
				case of a statewide wireless network facility (as that term is defined in
				section 1204.3[j] of this
				Title) which is constructed or installed on or in a statewide wireless network
				supporting building (as that term is defined in section
				1204.3[k] of this
				Title);
(i) the State shall be accountable for
				administration and enforcement of the Uniform Code with respect to such
				statewide wireless network facility and all activities related thereto
				undertaken by the Office for Technology, but the State shall not be accountable
				for administration and enforcement of the Uniform Code with respect to such
				statewide wireless network supporting building;
(ii) the governmental entity that would have
				been accountable for administration and enforcement of the Uniform Code with
				respect to such statewide wireless network supporting building if such
				statewide wireless network facility had not been constructed or installed
				thereon or therein shall remain accountable for administration and enforcement
				of the Uniform Code with respect to such statewide wireless network supporting
				building, but such governmental entity shall not be responsible for
				administration and enforcement of the Uniform Code with respect to such
				statewide wireless network facility; and
(iii) the State and such governmental entity
				shall consult with each other and fully cooperate with each other in connection
				with the performance of their respective administrative and enforcement
				obligations, and in particular, but not by way of limitation, the State shall
				make all records in its possession pertaining to such statewide wireless
				network facility available to such governmental entity upon request by such
				governmental entity, and such governmental entity shall make all records in its
				possession pertaining to such statewide wireless network supporting building
				available to the State upon request by the State. Nothing in this paragraph
				shall require the State to make available any record which, if disclosed, would
				jeopardize the capacity of the State, the Office for Technology, or any other
				State agency (as that term is defined in section
				1204.3[h] of this
				Title) to guarantee the security of its information technology assets, such
				assets encompassing both electronic information systems and infrastructures, or
				if access to such record could otherwise be denied under section 87  of the
				Public Officers Law.