§ 371 — Statement of legislative findings and purposes

New York § 371

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

Text

§ 371. Statement of legislative findings and purposes. 1. The\nlegislature hereby finds and declares that:\n a. The present level of loss of life, injury to persons, and damage to\nproperty as a result of fire demonstrates that the people of the state\nhave yet to receive the basic level of protection to which they are\nentitled in connection with the construction and maintenance of\nbuildings;\n b. There does not exist for all areas of the state a single, adequate,\nenforceable code establishing minimum standards for fire protection and\nconstruction, maintenance and use of materials in buildings. Instead,\nthere exists a multiplicity of codes and requirements for various types\nof buildings administered at various levels of state and local\ngovernment. There are, in addition, extensive areas of the state in\nwhich no code at all is in effect for the general benefit of the people\nof the state;\n c. The present system of enforcement of fire protection and building\nconstruction codes is characterized by a lack of adequately trained\npersonnel, as well as inconsistent qualifications for personnel who\nadminister and enforce those codes;\n d. Whether because of the absence of applicable codes, inadequate code\nprovisions or inadequate enforcement of codes, the threat to the public\nhealth and safety posed by fire remains a real and present danger for\nthe people of the state; and\n e. The multiplicity of fire protection and building construction code\nrequirements poses an additional problem for the people of the state\nsince it increases the cost of doing business in the state by\nperpetuating multiple requirements, jurisdictional overlaps and business\nuncertainties, and, in some instances, by artificially inducing high\nconstruction costs.\n 2. The legislature declares that it shall be the public policy of the\nstate of New York to:\n a. Immediately provide for a minimum level of protection from the\nhazards of fire in every part of the state;\n b. Provide for the promulgation of a uniform code addressing building\nconstruction and fire prevention in order to provide a basic minimum\nlevel of protection to all people of the state from hazards of fire and\ninadequate building construction. In providing for such a uniform code,\nit is declared to be the policy of the state of New York to:\n (1) reconcile the myriad existing and potentially conflicting\nregulations which apply to different types of buildings and occupancies;\n (2) recognize that fire prevention and fire prevention codes are\nclosely related to the adequacy of building construction codes, that the\ngreatest portion of a building code's requirements are fire safety\noriented, and that fire prevention and building construction concerns\nshould be the subject of a single code;\n (3) recognize that the decarbonization of new and existing buildings\nis closely related to the state's clean energy and climate agenda as\ndescribed in the New York climate leadership and community protection\nact set forth in chapter one hundred six of the laws of two thousand\nnineteen, and that the uniform code shall enable the state's clean\nenergy objectives;\n (4) place public and private buildings on an equal plane with respect\nto fire prevention and adequacy of building construction;\n (5) require new and existing buildings alike to keep pace with\nadvances in technology concerning fire prevention and building\nconstruction, including, where appropriate, that provisions apply on a\nretroactive basis; and\n (6) provide protection to both residential and non-residential\nbuildings;\n c. Insure that the uniform code be in full force and effect in every\narea of the state;\n d. Encourage local governments to exercise their full powers to\nadminister and enforce the uniform code; and\n e. Provide for a uniform, statewide approach to the training and\nqualification of personnel engaged in the administration and enforcement\nof the uniform code.\n