Relates to conducting investigations into the administration and enforcement of the New York state uniform fire prevention and building code and the New York state energy conservation construction code by counties.
STATE OF NEW YORK
________________________________________________________________________
11016
IN ASSEMBLY
April 20, 2026
___________
Introduced by M. of A. P. CARROLL -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to conducting investi-
gations into the administration and enforcement of the New York state
uniform fire prevention and building code and the New York state ener-
gy conservation construction code
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 3 and 4 of section 381 of the executive law,
2 as added by chapter 707 of the laws of 1981, are amended to read as
3 follows:
4 3. a. On and after the first day of July, nineteen hundred eighty-
5 five, the secretary shall have power to investigate and conduct hearings
6 relative to whether administration and enforcement of the uniform fire
7 prevention and building code complies with the minimum standards promul-
8 gated pursuant to subdivision one of this section. At least ten days
9 written notice of any such hearing shall be provided to the elective or
10 appointive chief executive officer or, if there be none, the [chairman]
11 chair of the legislative body of the local government or county whose
12 administration and enforcement of the uniform code is at issue.
13 b. If the secretary receives from any county, official notice, in the
14 form of a resolution, approved by a majority vote by the county legisla-
15 ture, board of supervisors, or board of legislatures and then approved
16 by the county executive, where the county has a county executive, which
17 explains the basis of the request, that a local government within the
18 county is not providing administration and enforcement of the uniform
19 fire prevention and building code that complies with the minimum stand-
20 ards promulgated pursuant to subdivision one of this section, the secre-
21 tary shall investigate and may conduct hearings in accordance with the
22 provisions of this subdivision. The secretary shall not begin an inves-
23 tigation into a local government under this paragraph unless the local
24 government received a copy of the official notice and has had one month
25 to respond to the official notice and submit such response to the secre-
26 tary.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08465-01-5
A. 11016 2
1 4. If the secretary determines that a local government has failed to
2 administer and enforce the uniform fire prevention and building code in
3 accordance with the minimum standards promulgated pursuant to subdivi-
4 sion one of this section, the secretary shall take any of the following
5 actions, either individually or in combination in any sequence:
6 a. The secretary may issue an order compelling compliance by such
7 local government with the standards for administration and enforcement
8 of the uniform code.
9 b. The secretary may ask the attorney general to institute in the name
10 of the secretary an action or proceeding seeking appropriate legal or
11 equitable relief to require such local government to administer and
12 enforce the uniform code.
13 c. [the] The secretary may designate the county in which such local
14 government is located to administer and enforce the uniform code in such
15 local government. In the case of such designation, the provisions of
16 subdivision five of this section shall apply.
17 d. The secretary may, in the place and stead of the local government,
18 administer and enforce the uniform code in accordance with the minimum
19 standards promulgated pursuant to subdivision one of this section. In
20 such event, the provisions of subdivision five of this section shall
21 apply.
22 e. If the secretary finds that the local government is incapable of or
23 unwilling to administer and enforce the uniform code pursuant to the
24 minimum standards and the secretary's investigation of such local
25 government was initiated by an official notice from the county in which
26 such local government is located, and if the county has requested that
27 the secretary designate the county to administer and enforce the uniform
28 code in such local government, the secretary shall designate the county
29 in which such local government is located to administer and enforce the
30 uniform code in such local government unless the secretary finds that
31 the county would be incapable of assuming the responsibilities.
32 § 2. Subdivision 5 of section 381 of the executive law is amended by
33 adding a new paragraph e to read as follows:
34 e. After at least eighteen months from such designation, the local
35 government may petition the secretary to reassume authority for uniform
36 fire prevention and building code enforcement. To reassume authority for
37 uniform fire prevention and building code enforcement, the local govern-
38 ment shall demonstrate to the satisfaction of the secretary that the
39 conditions which led to its prior failure to provide administration and
40 enforcement of the uniform fire prevention and building code that
41 complies with the minimum standards promulgated pursuant to subdivision
42 one of this section are no longer present and that it will be able to
43 properly administer and enforce the code.
44 § 3. This act shall take effect immediately.
