Bill Text: NY A03643 | 2017-2018 | General Assembly | Introduced
Bill Title: Authorizes local governments to adopt or enact local laws, codes or ordinances imposing higher or more restrictive standards than the New York state fire prevention and building code, relating to the presence of lead in buildings; such local laws, codes and ordinances shall not be subject to the review of the state fire prevention and building code council.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to governmental operations [A03643 Detail]
Download: New_York-2017-A03643-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3643 2017-2018 Regular Sessions IN ASSEMBLY January 30, 2017 ___________ Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law and the general business law, in relation to authorizing local governments to adopt and enforce local laws and ordinances relating to the abatement of, remediation of, presence of and testing for lead in buildings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 379 of the executive law, as 2 amended by chapter 772 of the laws of 1986, is amended and a new subdi- 3 vision 6 is added to read as follows: 4 1. Except in the case of factory manufactured homes, intended for use 5 as one or two family dwelling units or multiple dwellings of not more 6 than two stories in height, the legislative body of any local government 7 may duly enact or adopt local laws or ordinances imposing higher or more 8 restrictive standards for construction within the jurisdiction of such 9 local government than are applicable generally to such local government 10 in the uniform code. [Within] Except as otherwise provided in subdivi- 11 sion six of this section, within thirty days of such enactment or 12 adoption, the chief executive officer, or if there be none, the chairman 13 of the legislative body of such local government, shall so notify the 14 council, and shall petition the council for a determination of whether 15 such local laws or ordinances are more stringent than the standards for 16 construction applicable generally to such local government in the 17 uniform code. During the period in which the council is considering such 18 petition, such local laws or ordinances shall remain in full force and 19 effect. 20 6. Notwithstanding the provisions of any other subdivisions of this 21 section and except in the case of factory manufactured homes, intended 22 for use as one or two family dwelling units or multiple dwellings of not 23 more than two stories in height, the legislative body of any local EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03261-01-7A. 3643 2 1 government may duly enact or adopt local laws, codes or ordinances 2 imposing higher or more restrictive standards for the presence of, 3 abatement of, remediation of and testing for the presence of lead in 4 buildings within the jurisdiction of such local government that are 5 applicable generally to such local government in the uniform code. No 6 local law, code or ordinance enacted or adopted pursuant to this subdi- 7 vision shall be subject to review or any determination by the council. 8 § 2. Subdivision 2 of section 777 of the general business law, as 9 added by chapter 709 of the laws of 1988, is amended to read as follows: 10 2. "Building code" means the uniform fire prevention and building code 11 promulgated under section three hundred seventy-seven of the executive 12 law, local building code standards approved by the uniform fire 13 prevention and building code council under section three hundred seven- 14 ty-nine of the executive law, local building code standards relating to 15 lead enacted or adopted pursuant to subdivision six of section three 16 hundred seventy-nine of the executive law, and the building code of the 17 city of New York, as defined in title twenty-seven of the administrative 18 code of the city of New York. 19 § 3. This act shall take effect immediately.
