New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1203 - Uniform Code: Minimum Standards For Administration And Enforcement › Section 1203.2 - Program for administration and enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every city, village, town, and county
				responsible for administration and enforcement of either or both of the Codes
				shall establish a code enforcement program to provide for such administration
				and enforcement by local law, ordinance, or other appropriate regulation. Such
				code enforcement program shall include the features and provisions described in
				section 1203.3 of this Part.
(b) Where the State is responsible under
				section 1201.2(d) of Part
				1201 of this Title for administration and enforcement of the Uniform Code, the
				state agency or agencies determined in accordance with the provisions of Part
				1204 of this Title shall administer and enforce the Codes in accordance with
				Part 1204 of this Title and section
				1203.3(j) of this
				Part. For the purposes of section
				1203.3(j)(5) of
				this Part, the period fixed by the code enforcement program of such state
				agency, as the interval between periodic condition assessments, shall not
				exceed three years.
(c) Every state
				agency responsible under section
				1201.2 of this Title for
				administration and enforcement of the Uniform Code and not otherwise included
				in subdivisions (a) and (b) of this section shall provide for administration
				and enforcement of the Codes in regulation. Any such regulation shall include
				the features described in section
				1203.3 of this Part.
(d) Every authority having jurisdiction
				responsible for administration and enforcement of the Uniform Code shall
				exercise its powers in due and proper manner so as to extend to all people of
				the State protection from the hazards of fire and inadequate building
				construction. Every authority having jurisdiction responsible for
				administration and enforcement of the Energy Code shall exercise its powers in
				due and proper manner so as to further the purposes of Article 11 of the Energy
				Law, as applicable.
(e) An
				authority having jurisdiction may contract directly with an individual or
				business entity to perform "building safety inspector enforcement activities"
				or "code enforcement official enforcement activities" (as those terms are
				defined in Part 1208 of this Title) on behalf of the authority having
				jurisdiction, subject to the following conditions:
(1) Where an authority having jurisdiction
				contracts directly with an individual or a business entity to perform any
				building safety inspector enforcement activities on behalf of such authority
				having jurisdiction, the authority having jurisdiction shall satisfy itself
				that each individual performing such contracted-for building safety inspector
				enforcement activities has qualifications comparable to those of a person who
				has met the requirements of Part 1208 of this Title applicable to building
				safety inspectors.
(2) Where an
				authority having jurisdiction contracts directly with an individual or a
				business entity to perform any code enforcement official enforcement activities
				on behalf of such authority having jurisdiction, the authority having
				jurisdiction shall satisfy itself that each individual performing such
				contracted-for code enforcement official enforcement activities has
				qualifications comparable to those of a person who has met the requirements of
				Part 1208 of this Title applicable to code enforcement officials.
(3) No agreement shall be made by which
				building permits, certificates of occupancy, temporary certificates of
				occupancy, certificates of compliance, orders, appearance tickets, or other
				similar documents related to administration and enforcement of either or both
				of the Codes are issued by other than public officers of the authority having
				jurisdiction.
(4) "Special
				inspections" (as defined in the Uniform Code), including but not limited to,
				electrical inspections, elevator inspections, welding inspections, and smoke
				control system inspections are not considered to be building safety inspector
				enforcement activities or code enforcement official enforcement activities (as
				defined in Part 1208 of this Title). Accordingly, a special inspector
				performing a special inspection is not performing a building safety inspector
				enforcement activity or a code enforcement official enforcement activity and is
				not required to have qualifications comparable to those of a person who has met
				the requirements of Part 1208 of this Title. However, an authority having
				jurisdiction shall not accept or rely upon a special inspection unless the
				person performing such special inspection
(i)
				is a qualified person employed or retained by an agency that has been approved
				by the authority having jurisdiction and
(ii) has been approved by the authority
				having jurisdiction as having the competence necessary to inspect a particular
				type of construction requiring such special inspection.