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.
STATE OF NEW YORK
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2431
2013-2014 Regular Sessions
IN ASSEMBLY
January 15, 2013
___________
Introduced by M. of A. ENGLEBRIGHT, GABRYSZAK -- 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.
LBD05896-01-3
A. 2431 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.
