§ 381. Administration and enforcement of the New York state uniform
fire prevention and building code and the New York state energy
conservation construction code. 1. The secretary shall promulgate rules
and regulations prescribing minimum standards for administration and
enforcement of the uniform fire prevention and building code promulgated
in accordance with sections three hundred seventy-seven and three
hundred seventy-eight of this article and the state energy conservation
construction code adopted in accordance with article eleven of the
energy law. Such rules and regulations shall become effective not later
than the first day of January, nineteen hundred eighty-five. The
secretary shall promulgate such regulations after public hearing and
after considering reaction to initial administration and enforcement of
the uniform building and fire prevention code, including how local
governments have organized to provide for such initial administration
and enforcement. Such rules and regulations shall address the nature and
quality of enforcement and shall include, but not be limited to the
following:

a. frequency of mandatory inspections for compliance with the uniform
code and the state energy conservation construction code,

b. number and qualifications of staff, including requirements that
inspectors be certified pursuant to this chapter,

c. required minimum fees for administration and enforcement,

d. adequacy of inspections,

e. adequacy of means for insuring compliance with the uniform code and
the state energy conservation construction code, including provisions
intended to achieve compliance with the state energy conservation
construction code consistent with the compliance goals set forth in
section 410(2)(C) of the American Recovery and Reinvestment Act of 2009,

f. establishment of a procedure whereby any provision or requirement
of the uniform code may be varied or modified in cases where strict
compliance with such provision or requirement would entail practical
difficulties or unnecessary hardship or would otherwise be unwarranted.
Such procedure shall be designed to insure that any such variance or
modification shall not substantially affect adversely provisions for
health, safety and security, and that equally safe and proper
alternatives may be prescribed. Requests for a variance shall be
resolved within sixty days of the date of application unless a longer
period is required for good cause shown,

g. procedures for inspection of certain classes of buildings based
upon design, construction, ownership, occupancy or use, including, but
not limited to, mobile homes, factory manufactured homes and state-owned
buildings,

* h. minimum basic training and in-service training requirements for
personnel charged with administration and enforcement of the state
energy conservation construction code; and

* NB Effective until May 3, 2026

* h. minimum basic training and in-service training requirements for
personnel charged with administration and enforcement of the state
energy conservation construction code;

* NB Effective May 3, 2026

* i. standards and procedures for measuring the rate of compliance
with the state energy conservation construction code, and provisions
requiring that such rate of compliance be measured on an annual basis.

* NB Effective until May 3, 2026

* i. standards and procedures for measuring the rate of compliance
with the state energy conservation construction code, and provisions
requiring that such rate of compliance be measured on an annual basis;
and

* NB Effective May 3, 2026

* j. procedures requiring the documentation of compliance with
regulations adopted pursuant to section thirteen hundred seventy-seven
of the public health law as a condition to issuance of a certificate of
occupancy or certificate of compliance following a periodic fire safety
and property maintenance inspection for multiple dwellings.

* NB Effective May 3, 2026

Nothing in the rules shall require or be construed to require regular,
periodic inspections of (A) owner-occupied one and two-family dwellings,
or (B) agricultural buildings used directly and solely for agricultural
purposes, provided, however that this shall not be a limitation on
inspections conducted at the invitation of the owner or where conditions
on the premises threaten or present a hazard to public health, safety,
or welfare.

2. Except as may be provided in regulations of the secretary pursuant
to subdivision one of this section, every local government shall
administer and enforce the uniform fire prevention and building code and
the state energy conservation construction code on and after the first
day of January, nineteen hundred eighty-four, provided, however, that a
local government may enact a local law prior to the first day of July in
any year providing that it will not enforce such codes on and after the
first day of January next succeeding. In such event the county in which
said local government is situated shall administer and enforce such
codes within such local government from and after the first day of
January next succeeding the effective date of such local law, in
accordance with the provisions of paragraph b of subdivision five of
this section unless the county shall have enacted a local law providing
that it will not enforce such codes within that county. In such event
the secretary in the place and stead of the local government shall,
directly or by contract, administer and enforce the uniform code and the
state energy conservation construction code. A local government or a
county may repeal a local law which provides that it will not enforce
such codes and shall thereafter administer and enforce such codes as
provided above. Two or more local governments may provide for joint
administration and enforcement of the uniform code, the state energy
conservation construction code, or both, by agreement pursuant to
article five-G of the general municipal law. Any local government may
enter into agreement with the county in which such local government is
situated to administer and enforce the uniform code, the state energy
conservation construction code, or both, within such local government.
Local governments or counties may charge fees to defray the costs of
administration and enforcement.

3. On and after the first day of July, nineteen hundred eighty-five,
the secretary shall have power to investigate and conduct hearings
relative to whether administration and enforcement of the uniform fire
prevention and building code complies with the minimum standards
promulgated pursuant to subdivision one of this section. At least ten
days written notice of any such hearing shall be provided to the
elective or appointive chief executive officer or, if there be none, the
chairman of the legislative body of the local government or county whose
administration and enforcement of the uniform code is at issue.

4. If the secretary determines that a local government has failed to
administer and enforce the uniform fire prevention and building code in
accordance with the minimum standards promulgated pursuant to
subdivision one of this section, the secretary shall take any of the
following actions, either individually or in combination in any
sequence:

a. The secretary may issue an order compelling compliance by such
local government with the standards for administration and enforcement
of the uniform code.

b. The secretary may ask the attorney general to institute in the name
of the secretary an action or proceeding seeking appropriate legal or
equitable relief to require such local government to administer and
enforce the uniform code.

c. the secretary may designate the county in which such local
government is located to administer and enforce the uniform code in such
local government. In the case of such designation, the provisions of
subdivision five of this section shall apply.

d. The secretary may, in the place and stead of the local government,
administer and enforce the uniform code in accordance with the minimum
standards promulgated pursuant to subdivision one of this section. In
such event, the provisions of subdivision five of this section shall
apply.

5. Where the secretary has designated a county to administer and
enforce the uniform fire prevention and building code within a local
government or has assumed authority for administration and enforcement
pursuant to subdivision two or paragraph d of subdivision four of this
section:

a. Such local government or county government shall not administer and
enforce the uniform code, and shall not charge or collect fees for such
administration and enforcement.

b. Such county shall administer and enforce the uniform code within
such local government from and after the date of such designation. Such
administration and enforcement shall apply the minimum standards
promulgated by the secretary pursuant to subdivision one of this
section. Notwithstanding any other provisions of law, such county shall
have full power to administer and enforce the uniform code in accordance
with such minimum standards, including the power to charge and collect
fees for such administration and enforcement.

c. The secretary shall designate the local government or county
government to resume administration and enforcement of the uniform code
when the secretary is satisfied that such local government or county
will provide such administration and enforcement in compliance with the
minimum standards promulgated pursuant to subdivision one of this
section.

d. The provisions of subdivisions three and four of this section shall
apply to counties which have been designated to administer and enforce
the uniform code in such local government.

6. The secretary shall study and from time to time make
recommendations to the governor and legislature concerning:

a. Appropriate means to provide encouragement, support and inducements
for local governments and counties to exercise their responsibilities
pursuant to this section; and

b. Appropriate means to provide encouragement, support and inducements
to facilitate compliance with the provisions of the uniform code.