New York Laws
Article 18 - New York State Uniform Fire Prevention and Building Code Act
375 - Powers of the Council.

§ 375. Powers of the council. The council is authorized and empowered:
1. To subpoena witnesses, take testimony, compel production of books and
records and to hold public hearings. The secretary may designate one or
more members of the council, or one or more officers or employees of the
department, or the administrator, on request of the secretary, may
designate one or more employees of the office, to hold public hearings
and report on such hearings to the council.

2. To study the operation of the uniform fire prevention and building
code, the state energy conservation construction code established by
article eleven of the energy law, local regulations and other laws
relating to the construction of buildings and the protection of
buildings from fire to ascertain their effects upon the cost of building
construction and the effectiveness of their provisions for health,
safety and security, particularly as such provisions relate to the
protection of life and property from the dangers of fire.

3. To recommend tests and approvals or to require the testing and
approval of materials, devices and methods of construction to ascertain
their acceptability under the requirements of the uniform fire
prevention and building code.

4. To advise and assist the secretary in carrying out the provisions
and purposes of this article and to make recommendations concerning the
program and activities of the office and appointments to be made by the
secretary in connection with the uniform fire prevention and building
code.

5. To make and establish and, from time to time, alter and amend rules
for the organization and internal management of the council, and for
such other purposes as may be necessary, desirable or proper in carrying
out its powers and duties under this article.

6. To avoid duplication of effort and in the interest of economy, the
council may make use of existing studies, surveys, plans, data and other
materials in the possession of any state agency. Each such agency is
hereby authorized and directed to make the same available to the council
and otherwise to assist it in the performance of its functions. The
officers and personnel of such agencies may serve at the request of the
council upon such advisory committees as the council shall determine to
create and such officers and personnel may serve upon such committees
without forfeiture of office or employment and with no loss or
diminution in the compensation, status, rights and privileges which they
otherwise enjoy.

7. To review and approve standards established by rules and
regulations promulgated by the commissioner of health for the
implementation of item (ii) of clause (a) of section three hundred
twenty-two-c of the general business law.

8. To examine, evaluate, and make recommendations concerning the
standardization of the uniform code and local building codes and permit
processes for the purpose of facilitating and encouraging the
installation and operation of solar and wind energy generating systems
throughout the state. For this purpose, the council is authorized to
hold public hearings and consult with the solar and wind energy
generating industry throughout the state. Any recommendations formulated
pursuant to this subdivision shall be submitted to the governor, the
secretary of state, the temporary president of the senate and the
speaker of the assembly along with such legislative proposals as the
council deems necessary to implement its recommendations.

9. To examine, evaluate, and make recommendations concerning the
standardization of the uniform code and local building codes and permit
processes for the purpose of protection against the effects of sea level
rise, flooding, saltwater corrosion, coastal or riparian erosion,

storms, and other degradation that may arise out of characteristics of
the coastal environment or structures located wholly or partially in a
Federal Emergency Management Agency ("FEMA") designated (i) Special
Flood Hazard Area according to FEMA's current flood insurance rate maps,
or (ii) a Moderate Risk Flood Hazard Area according to FEMA's current
flood insurance rate maps. For this purpose, the council is authorized
to hold public hearings and consult with relevant stakeholders
throughout the state. Any recommendations formulated pursuant to this
subdivision shall be submitted to the governor, the secretary of state,
the temporary president of the senate and the speaker of the assembly
along with such legislative proposals as the council deems necessary to
implement its recommendations.