New York Laws
Article 18 - New York State Uniform Fire Prevention and Building Code Act
379 - Incorporation of Higher Standards by Council Upon Recommendation of Local Government; Local Building Regulations.

§ 379. Incorporation of higher standards by council upon
recommendation of local government; local building regulations. 1.
Except in the case of factory manufactured homes, intended for use as
one or two family dwelling units or multiple dwellings of not more than
two stories in height, the legislative body of any local government may
duly enact or adopt local laws or ordinances imposing higher or more
restrictive standards for construction within the jurisdiction of such
local government than are applicable generally to such local government
in the uniform code. Within thirty days of such enactment or adoption,
the chief executive officer, or if there be none, the chairman of the
legislative body of such local government, shall so notify the council,
and shall petition the council for a determination of whether such local
laws or ordinances are more stringent than the standards for
construction applicable generally to such local government in the
uniform code. Such local laws or ordinances shall take full force and
effect upon an affirmative determination by the council as provided
herein.

2. If the council finds that such higher or more restrictive standards
are reasonably necessary because of special conditions prevailing within
the local government and that such standards conform with accepted
engineering and fire prevention practices and the purposes of this
article, the council shall adopt such standards, in whole or part. The
council shall have the power to limit the term or duration of such
standards, impose conditions in connection with the adoption thereof,
and to terminate such standards at such times, and in such manner as the
council may deem necessary, desirable or proper.

3. Nothing in this article shall be construed to prohibit any
municipality from adopting or enacting any building regulations relating
to any matter as to which the uniform fire prevention and building code
does not provide, but no municipality shall have the power to supersede,
void, repeal or make more or less restrictive any provisions of this
article or of rules or regulations made pursuant hereto.

4. Within one hundred twenty days after the effective date of the
uniform code, a local government may by resolution duly enacted petition
the council for a determination as to whether an existing building
and/or fire code in force in said local government is more stringent
than the uniform code. During the period in which the council is
considering such petition such local code shall remain in full force and
effect. If, after review, the council determines that such local code is
less stringent than the uniform code the council shall notify the chief
executive officer or, if there be none, the chairman of the legislative
body of such local government and the uniform code shall, thirty days
after the date of notification, apply in such local government. If the
council finds that such local code is not less stringent than the
uniform code such local code shall continue in full force and effect
until the council, upon its own initiative, reviews such local code and
determines that it is no longer more stringent, whereupon the council
shall notify the chief executive officer or chairman of the legislative
body of such local government and thirty days after the date of
notification the uniform code shall apply in such local government.

5. Notwithstanding the provisions of subdivision one of this section,
the legislative body of Nassau county may have duly enacted or adopted
or may duly enact or adopt local laws or ordinances imposing higher or
more restrictive standards for construction within the jurisdiction of
the county than are applicable generally to the county in the uniform
code. The chief executive officer, or if there be none, the chairman of
the legislative body of the county, shall notify the council, and shall
petition the council for a determination of whether such preexisting

local laws or ordinances, or within thirty days of such enactment or
adoption of such local laws or ordinances, are more stringent than the
standards for construction applicable generally to such county in the
uniform code. During the period in which the council is considering such
petition, such local laws or ordinances shall remain in full force and
effect.