A06094 Summary:

BILL NOA06094
 
SAME ASNo Same As
 
SPONSORRyan
 
COSPNSR
 
MLTSPNSR
 
Amd §379, Exec L; amd §777, Gen Bus L
 
Authorizes the city of Buffalo 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.
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A06094 Actions:

BILL NOA06094
 
02/28/2019referred to governmental operations
01/08/2020referred to governmental operations
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A06094 Committee Votes:

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A06094 Floor Votes:

There are no votes for this bill in this legislative session.
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A06094 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6094
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 28, 2019
                                       ___________
 
        Introduced  by  M. of A. RYAN -- 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 the city of Buffalo 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 348 of the laws of 2017, 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.  Such  local laws or ordinances shall take full force and
    18  effect upon an affirmative determination  by  the  council  as  provided
    19  herein.
    20    6.  Notwithstanding  the  provisions  of any other subdivision 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 the city of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08074-01-9

        A. 6094                             2
 
     1  Buffalo may duly enact or adopt local laws, codes or ordinances imposing
     2  higher or more restrictive standards for the presence of, abatement  of,
     3  remediation  of and testing for the presence of lead in buildings within
     4  the jurisdiction of such city that are applicable generally to such city
     5  in the uniform code.  No local law, code or ordinance enacted or adopted
     6  pursuant  to this subdivision shall be subject to review or any determi-
     7  nation 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.
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