§ 383 — Construction with other laws; severability

New York § 383

• Jurisdiction: New York
• Law EXC: Executive
• Art. 18: New York State Uniform Fire Prevention and Building Code Act

Text

§ 383. Construction with other laws; severability. 1. The provisions\nof this article and of the uniform fire prevention and building code\nshall supersede any other provision of a general, special or local law,\nordinance, administrative code, rule or regulation inconsistent or in\nconflict therewith provided however:\n a. Nothing herein shall impair the validity of any action taken\npursuant to or in compliance with such law or regulation before the\neffective date of the uniform code; and\n b. Any improvement, modification, alteration, adaptation, redesign or\nrepair required by or pursuant to any general, special or local law,\nadministrative code, rule or regulation enacted and effective before the\neffective date of the uniform code shall be made in the manner and\nwithin the time so required.\n c. That, in cities with a population of over one million, the existing\nbuilding and fire prevention codes shall continue in full force and\neffect beyond January one, nineteen hundred eighty-four unless the\ncouncil, after analysis and consultation with the building and fire\nofficials of such cities, shall determine that said local code\nprovisions are less stringent than the uniform code. Existing local\nstatutory, regulatory and administrative laws and provisions of such\ncities shall continue in full force and effect unless the foregoing is\ndetermined by the council. Notwithstanding this paragraph, when such\nfactory manufactured homes are intended for use as one or two family\ndwelling units or multiple dwellings of not more than two stories in\nheight, provided such multiple dwellings are not intended for use as\nhotels or motels, the provisions of this article and of the uniform fire\nprevention and building code pertaining to factory manufactured homes\nshall supersede any other provision of general, special or local law,\nordinance, administrative code, rule or regulation inconsistent or in\nconflict therewith.\n 2. Nothing herein shall be construed as affecting the authority of the\nstate labor department to enforce a safety or health standard issued\nunder provisions of sections twenty-seven and twenty-seven-a of the\nlabor law.\n 3. Nothing herein shall be construed to relieve a person from\ncomplying with a stricter standard issued pursuant to the Occupational\nSafety and Health Act of 1970, as amended.\n 4. If any section of this article or the application thereof to any\nperson or circumstances shall be adjudged invalid by a court of\ncompetent jurisdiction, such order or judgment shall be confined in its\noperation to the controversy in which it was rendered, and shall not\naffect or invalidate the remainder of any provision of any section or\nthe application of any part thereof to any other person or circumstances\nand to this end the provisions of each section of the article are hereby\ndeclared to be separable.\n