§ 381. Administration and enforcement of the New York state uniform\nfire prevention and building code and the New York state energy\nconservation construction code. 1. The secretary shall promulgate rules\nand regulations prescribing minimum standards for administration and\nenforcement of the uniform fire prevention and building code promulgated\nin accordance with sections three hundred seventy-seven and three\nhundred seventy-eight of this article and the state energy conservation\nconstruction code adopted in accordance with article eleven of the\nenergy law. Such rules and regulations shall become effective not later\nthan the first day of January, nineteen hundred eighty-five. The\nsecretary shall promulgate such regulations after public hearing and\nafter considering reaction to initial administration and enforcement of\nthe uniform building and fire prevention code, including how local\ngovernments have organized to provide for such initial administration\nand enforcement. Such rules and regulations shall address the nature and\nquality of enforcement and shall include, but not be limited to the\nfollowing:\n a. frequency of mandatory inspections for compliance with the uniform\ncode and the state energy conservation construction code,\n b. number and qualifications of staff, including requirements that\ninspectors be certified pursuant to this chapter,\n c. required minimum fees for administration and enforcement,\n d. adequacy of inspections,\n e. adequacy of means for insuring compliance with the uniform code and\nthe state energy conservation construction code, including provisions\nintended to achieve compliance with the state energy conservation\nconstruction code consistent with the compliance goals set forth in\nsection 410(2)(C) of the American Recovery and Reinvestment Act of 2009,\n f. establishment of a procedure whereby any provision or requirement\nof the uniform code may be varied or modified in cases where strict\ncompliance with such provision or requirement would entail practical\ndifficulties or unnecessary hardship or would otherwise be unwarranted.\nSuch procedure shall be designed to insure that any such variance or\nmodification shall not substantially affect adversely provisions for\nhealth, safety and security, and that equally safe and proper\nalternatives may be prescribed. Requests for a variance shall be\nresolved within sixty days of the date of application unless a longer\nperiod is required for good cause shown,\n g. procedures for inspection of certain classes of buildings based\nupon design, construction, ownership, occupancy or use, including, but\nnot limited to, mobile homes, factory manufactured homes and state-owned\nbuildings,\n h. minimum basic training and in-service training requirements for\npersonnel charged with administration and enforcement of the state\nenergy conservation construction code;\n i. standards and procedures for measuring the rate of compliance with\nthe state energy conservation construction code, and provisions\nrequiring that such rate of compliance be measured on an annual basis;\nand\n j. procedures requiring the documentation of compliance with\nregulations adopted pursuant to section thirteen hundred seventy-seven\nof the public health law as a condition to issuance of a certificate of\noccupancy or certificate of compliance following a periodic fire safety\nand property maintenance inspection for multiple dwellings.\n Nothing in the rules shall require or be construed to require regular,\nperiodic inspections of (A) owner-occupied one and two-family dwellings,\nor (B) agricultural buildings used directly and solely for agricultural\npurposes, provided, however that this shall not be a limitation on\ninspections conducted at the invitation of the owner or where conditions\non the premises threaten or present a hazard to public health, safety,\nor welfare.\n 2. Except as may be provided in regulations of the secretary pursuant\nto subdivi
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.