Section 371. Statement of legislative findings and purposes  


Latest version.
  • 1.  The
      legislature hereby finds and declares that:
        a. The present level of loss of life, injury to persons, and damage to
      property as a result of fire demonstrates that the people of  the  state
      have  yet  to  receive  the  basic level of protection to which they are
      entitled  in  connection  with  the  construction  and  maintenance   of
      buildings;
        b. There does not exist for all areas of the state a single, adequate,
      enforceable  code establishing minimum standards for fire protection and
      construction, maintenance and use of materials  in  buildings.  Instead,
      there  exists a multiplicity of codes and requirements for various types
      of  buildings  administered  at  various  levels  of  state  and   local
      government.  There  are,  in  addition,  extensive areas of the state in
      which no code at all is in effect for the general benefit of the  people
      of the state;
        c.  The  present system of enforcement of fire protection and building
      construction codes is characterized by  a  lack  of  adequately  trained
      personnel,  as  well  as  inconsistent  qualifications for personnel who
      administer and enforce those codes;
        d. Whether because of the absence of applicable codes, inadequate code
      provisions or inadequate enforcement of codes, the threat to the  public
      health  and  safety  posed by fire remains a real and present danger for
      the people of the state; and
        e. The multiplicity of fire protection and building construction  code
      requirements  poses  an  additional  problem for the people of the state
      since  it  increases  the  cost  of  doing  business  in  the  state  by
      perpetuating multiple requirements, jurisdictional overlaps and business
      uncertainties,  and,  in  some  instances, by artificially inducing high
      construction costs.
        2. The legislature declares that it shall be the public policy of  the
      state of New York to:
        a.  Immediately  provide  for  a  minimum level of protection from the
      hazards of fire in every part of the state;
        b. Provide for the promulgation of a uniform code addressing  building
      construction  and  fire  prevention  in order to provide a basic minimum
      level of protection to all people of the state from hazards of fire  and
      inadequate  building construction. In providing for such a uniform code,
      it is declared to be the policy of the state of New York to:
        (1)  reconcile  the  myriad  existing  and   potentially   conflicting
      regulations which apply to different types of buildings and occupancies;
        (2)  recognize  that  fire  prevention  and  fire prevention codes are
      closely related to the adequacy of building construction codes, that the
      greatest portion of a  building  code's  requirements  are  fire  safety
      oriented,  and  that  fire prevention and building construction concerns
      should be the subject of a single code;
        (3) place public and private buildings on an equal plane with  respect
      to fire prevention and adequacy of building construction;
        (4)  require  new  and  existing  buildings  alike  to  keep pace with
      advances  in  technology  concerning  fire   prevention   and   building
      construction,  including,  where appropriate, that provisions apply on a
      retroactive basis; and
        (5)  provide  protection  to  both  residential  and   non-residential
      buildings;
        c.  Insure  that the uniform code be in full force and effect in every
      area of the state;
        d. Encourage local  governments  to  exercise  their  full  powers  to
      administer and enforce the uniform code; and
    
        e.  Provide  for  a  uniform,  statewide  approach to the training and
      qualification of personnel engaged in the administration and enforcement
      of the uniform code.