State Codes and Statutes

Statutes > New-york > Exc > Article-18 > 379

§ 379. Incorporation    of    higher   standards   by   council   upon  recommendation of  local  government;  local  building  regulations.  1.  Except  in  the  case of factory manufactured homes, intended for use as  one or two family dwelling units or multiple dwellings of not more  than  two  stories in height, the legislative body of any local government may  duly enact or adopt local laws or ordinances  imposing  higher  or  more  restrictive  standards  for construction within the jurisdiction of such  local government than are applicable generally to such local  government  in  the  uniform code. Within thirty days of such enactment or adoption,  the chief executive officer, or if there be none, the  chairman  of  the  legislative  body of such local government, shall so notify the council,  and shall petition the council for a determination of whether such local  laws  or  ordinances  are  more  stringent  than   the   standards   for  construction  applicable  generally  to  such  local  government  in the  uniform code. During the period in which the council is considering such  petition, such local laws or ordinances shall remain in full  force  and  effect.    2. If the council finds that such higher or more restrictive standards  are reasonably necessary because of special conditions prevailing within  the  local  government  and  that  such  standards conform with accepted  engineering and fire prevention  practices  and  the  purposes  of  this  article,  the  council shall adopt such standards, in whole or part. The  council shall have the power to limit  the  term  or  duration  of  such  standards,  impose  conditions  in connection with the adoption thereof,  and to terminate such standards at such times, and in such manner as the  council may deem necessary, desirable or proper.    3. Nothing  in  this  article  shall  be  construed  to  prohibit  any  municipality from adopting or enacting any building regulations relating  to  any matter as to which the uniform fire prevention and building code  does not provide, but no municipality shall have the power to supersede,  void, repeal or make more or less restrictive  any  provisions  of  this  article or of rules or regulations made pursuant hereto.    4.  Within  one  hundred  twenty  days after the effective date of the  uniform code, a local government may by resolution duly enacted petition  the council for a determination  as  to  whether  an  existing  building  and/or  fire  code  in  force in said local government is more stringent  than the uniform code.  During  the  period  in  which  the  council  is  considering such petition such local code shall remain in full force and  effect. If, after review, the council determines that such local code is  less  stringent than the uniform code the council shall notify the chief  executive officer or, if there be none, the chairman of the  legislative  body  of  such  local government and the uniform code shall, thirty days  after the date of notification, apply in such local government.  If  the  council  finds  that  such  local  code  is  not less stringent than the  uniform code such local code shall continue in  full  force  and  effect  until  the council, upon its own initiative, reviews such local code and  determines that it is no longer more stringent,  whereupon  the  council  shall  notify the chief executive officer or chairman of the legislative  body of such  local  government  and  thirty  days  after  the  date  of  notification the uniform code shall apply in such local government.    5.  Notwithstanding the provisions of subdivision one of this section,  the legislative body of Nassau county may have duly enacted  or  adopted  or  may  duly enact or adopt local laws or ordinances imposing higher or  more restrictive standards for construction within the  jurisdiction  of  the  county  than  are applicable generally to the county in the uniform  code. The chief executive officer, or if there be none, the chairman  of  the  legislative body of the county, shall notify the council, and shall  petition the council for a determination  of  whether  such  preexistinglocal  laws  or  ordinances,  or within thirty days of such enactment or  adoption of such local laws or ordinances, are more stringent  than  the  standards  for  construction  applicable generally to such county in the  uniform code. During the period in which the council is considering such  petition,  such  local laws or ordinances shall remain in full force and  effect.

State Codes and Statutes

Statutes > New-york > Exc > Article-18 > 379

§ 379. Incorporation    of    higher   standards   by   council   upon  recommendation of  local  government;  local  building  regulations.  1.  Except  in  the  case of factory manufactured homes, intended for use as  one or two family dwelling units or multiple dwellings of not more  than  two  stories in height, the legislative body of any local government may  duly enact or adopt local laws or ordinances  imposing  higher  or  more  restrictive  standards  for construction within the jurisdiction of such  local government than are applicable generally to such local  government  in  the  uniform code. Within thirty days of such enactment or adoption,  the chief executive officer, or if there be none, the  chairman  of  the  legislative  body of such local government, shall so notify the council,  and shall petition the council for a determination of whether such local  laws  or  ordinances  are  more  stringent  than   the   standards   for  construction  applicable  generally  to  such  local  government  in the  uniform code. During the period in which the council is considering such  petition, such local laws or ordinances shall remain in full  force  and  effect.    2. If the council finds that such higher or more restrictive standards  are reasonably necessary because of special conditions prevailing within  the  local  government  and  that  such  standards conform with accepted  engineering and fire prevention  practices  and  the  purposes  of  this  article,  the  council shall adopt such standards, in whole or part. The  council shall have the power to limit  the  term  or  duration  of  such  standards,  impose  conditions  in connection with the adoption thereof,  and to terminate such standards at such times, and in such manner as the  council may deem necessary, desirable or proper.    3. Nothing  in  this  article  shall  be  construed  to  prohibit  any  municipality from adopting or enacting any building regulations relating  to  any matter as to which the uniform fire prevention and building code  does not provide, but no municipality shall have the power to supersede,  void, repeal or make more or less restrictive  any  provisions  of  this  article or of rules or regulations made pursuant hereto.    4.  Within  one  hundred  twenty  days after the effective date of the  uniform code, a local government may by resolution duly enacted petition  the council for a determination  as  to  whether  an  existing  building  and/or  fire  code  in  force in said local government is more stringent  than the uniform code.  During  the  period  in  which  the  council  is  considering such petition such local code shall remain in full force and  effect. If, after review, the council determines that such local code is  less  stringent than the uniform code the council shall notify the chief  executive officer or, if there be none, the chairman of the  legislative  body  of  such  local government and the uniform code shall, thirty days  after the date of notification, apply in such local government.  If  the  council  finds  that  such  local  code  is  not less stringent than the  uniform code such local code shall continue in  full  force  and  effect  until  the council, upon its own initiative, reviews such local code and  determines that it is no longer more stringent,  whereupon  the  council  shall  notify the chief executive officer or chairman of the legislative  body of such  local  government  and  thirty  days  after  the  date  of  notification the uniform code shall apply in such local government.    5.  Notwithstanding the provisions of subdivision one of this section,  the legislative body of Nassau county may have duly enacted  or  adopted  or  may  duly enact or adopt local laws or ordinances imposing higher or  more restrictive standards for construction within the  jurisdiction  of  the  county  than  are applicable generally to the county in the uniform  code. The chief executive officer, or if there be none, the chairman  of  the  legislative body of the county, shall notify the council, and shall  petition the council for a determination  of  whether  such  preexistinglocal  laws  or  ordinances,  or within thirty days of such enactment or  adoption of such local laws or ordinances, are more stringent  than  the  standards  for  construction  applicable generally to such county in the  uniform code. During the period in which the council is considering such  petition,  such  local laws or ordinances shall remain in full force and  effect.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Exc > Article-18 > 379

§ 379. Incorporation    of    higher   standards   by   council   upon  recommendation of  local  government;  local  building  regulations.  1.  Except  in  the  case of factory manufactured homes, intended for use as  one or two family dwelling units or multiple dwellings of not more  than  two  stories in height, the legislative body of any local government may  duly enact or adopt local laws or ordinances  imposing  higher  or  more  restrictive  standards  for construction within the jurisdiction of such  local government than are applicable generally to such local  government  in  the  uniform code. Within thirty days of such enactment or adoption,  the chief executive officer, or if there be none, the  chairman  of  the  legislative  body of such local government, shall so notify the council,  and shall petition the council for a determination of whether such local  laws  or  ordinances  are  more  stringent  than   the   standards   for  construction  applicable  generally  to  such  local  government  in the  uniform code. During the period in which the council is considering such  petition, such local laws or ordinances shall remain in full  force  and  effect.    2. If the council finds that such higher or more restrictive standards  are reasonably necessary because of special conditions prevailing within  the  local  government  and  that  such  standards conform with accepted  engineering and fire prevention  practices  and  the  purposes  of  this  article,  the  council shall adopt such standards, in whole or part. The  council shall have the power to limit  the  term  or  duration  of  such  standards,  impose  conditions  in connection with the adoption thereof,  and to terminate such standards at such times, and in such manner as the  council may deem necessary, desirable or proper.    3. Nothing  in  this  article  shall  be  construed  to  prohibit  any  municipality from adopting or enacting any building regulations relating  to  any matter as to which the uniform fire prevention and building code  does not provide, but no municipality shall have the power to supersede,  void, repeal or make more or less restrictive  any  provisions  of  this  article or of rules or regulations made pursuant hereto.    4.  Within  one  hundred  twenty  days after the effective date of the  uniform code, a local government may by resolution duly enacted petition  the council for a determination  as  to  whether  an  existing  building  and/or  fire  code  in  force in said local government is more stringent  than the uniform code.  During  the  period  in  which  the  council  is  considering such petition such local code shall remain in full force and  effect. If, after review, the council determines that such local code is  less  stringent than the uniform code the council shall notify the chief  executive officer or, if there be none, the chairman of the  legislative  body  of  such  local government and the uniform code shall, thirty days  after the date of notification, apply in such local government.  If  the  council  finds  that  such  local  code  is  not less stringent than the  uniform code such local code shall continue in  full  force  and  effect  until  the council, upon its own initiative, reviews such local code and  determines that it is no longer more stringent,  whereupon  the  council  shall  notify the chief executive officer or chairman of the legislative  body of such  local  government  and  thirty  days  after  the  date  of  notification the uniform code shall apply in such local government.    5.  Notwithstanding the provisions of subdivision one of this section,  the legislative body of Nassau county may have duly enacted  or  adopted  or  may  duly enact or adopt local laws or ordinances imposing higher or  more restrictive standards for construction within the  jurisdiction  of  the  county  than  are applicable generally to the county in the uniform  code. The chief executive officer, or if there be none, the chairman  of  the  legislative body of the county, shall notify the council, and shall  petition the council for a determination  of  whether  such  preexistinglocal  laws  or  ordinances,  or within thirty days of such enactment or  adoption of such local laws or ordinances, are more stringent  than  the  standards  for  construction  applicable generally to such county in the  uniform code. During the period in which the council is considering such  petition,  such  local laws or ordinances shall remain in full force and  effect.