§ 379 — Incorporation of higher standards by council upon recommendation of local government; local building regulations

New York § 379

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

Text

§ 379. Incorporation of higher standards by council upon\nrecommendation of local government; local building regulations. 1.\nExcept in the case of factory manufactured homes, intended for use as\none or two family dwelling units or multiple dwellings of not more than\ntwo stories in height, the legislative body of any local government may\nduly enact or adopt local laws or ordinances imposing higher or more\nrestrictive standards for construction within the jurisdiction of such\nlocal government than are applicable generally to such local government\nin the uniform code. Within thirty days of such enactment or adoption,\nthe chief executive officer, or if there be none, the chairman of the\nlegislative body of such local government, shall so notify the council,\nand shall petition the council for a determination of whether such local\nlaws or ordinances are more stringent than the standards for\nconstruction applicable generally to such local government in the\nuniform code. Such local laws or ordinances shall take full force and\neffect upon an affirmative determination by the council as provided\nherein.\n 2. If the council finds that such higher or more restrictive standards\nare reasonably necessary because of special conditions prevailing within\nthe local government and that such standards conform with accepted\nengineering and fire prevention practices and the purposes of this\narticle, the council shall adopt such standards, in whole or part. The\ncouncil shall have the power to limit the term or duration of such\nstandards, impose conditions in connection with the adoption thereof,\nand to terminate such standards at such times, and in such manner as the\ncouncil may deem necessary, desirable or proper.\n 3. Nothing in this article shall be construed to prohibit any\nmunicipality from adopting or enacting any building regulations relating\nto any matter as to which the uniform fire prevention and building code\ndoes not provide, but no municipality shall have the power to supersede,\nvoid, repeal or make more or less restrictive any provisions of this\narticle or of rules or regulations made pursuant hereto.\n 4. Within one hundred twenty days after the effective date of the\nuniform code, a local government may by resolution duly enacted petition\nthe council for a determination as to whether an existing building\nand/or fire code in force in said local government is more stringent\nthan the uniform code. During the period in which the council is\nconsidering such petition such local code shall remain in full force and\neffect. If, after review, the council determines that such local code is\nless stringent than the uniform code the council shall notify the chief\nexecutive officer or, if there be none, the chairman of the legislative\nbody of such local government and the uniform code shall, thirty days\nafter the date of notification, apply in such local government. If the\ncouncil finds that such local code is not less stringent than the\nuniform code such local code shall continue in full force and effect\nuntil the council, upon its own initiative, reviews such local code and\ndetermines that it is no longer more stringent, whereupon the council\nshall notify the chief executive officer or chairman of the legislative\nbody of such local government and thirty days after the date of\nnotification the uniform code shall apply in such local government.\n 5. Notwithstanding the provisions of subdivision one of this section,\nthe legislative body of Nassau county may have duly enacted or adopted\nor may duly enact or adopt local laws or ordinances imposing higher or\nmore restrictive standards for construction within the jurisdiction of\nthe county than are applicable generally to the county in the uniform\ncode. The chief executive officer, or if there be none, the chairman of\nthe legislative body of the county, shall notify the council, and shall\npetition the council for a determination of whether such preexisting\nlocal laws or ordinances, or within thirty days of such enactment or\nadoption of such local laws or ordinances, are more stringent than the\nstandards for construction applicable generally to such county in the\nuniform code. During the period in which the council is considering such\npetition, such local laws or ordinances shall remain in full force and\neffect.\n