Section 373. Required immediate applicability of existing state codes  


Latest version.
  • 1.
      The state building construction code provided for in article eighteen of
      this chapter, as added by chapter eight hundred of the laws of  nineteen
      hundred   fifty-one   and  the  state  building  conservation  and  fire
      prevention code provided for in article eighteen-A of this chapter shall
      be applicable from and after the first day of  March,  nineteen  hundred
      eighty-two  in every local government that does not on such date have in
      effect  a  building  or  fire  protection  code.  Said  state   building
      construction  code  and  state building conservation and fire prevention
      code shall also be applicable in every  local  government  that  on  the
      first  day  of March, nineteen hundred eighty-two has a building or fire
      prevention code in effect but which prior to the first day  of  January,
      nineteen hundred eighty-four, repeals such code, provided, however, that
      in the case of any such repeal, the state building construction code and
      the  state  building  conservation  and fire prevention code shall apply
      within such local government from and after the date of such repeal.
        2. The secretary shall, within thirty days after the effective date of
      this article, notify the elective or appointive chief executive  officer
      or, if there be none, the chairman of the legislative body of each local
      government and county of the provisions of this section.
        3. The secretary shall, within ninety days after the effective date of
      this  article, promulgate regulations establishing minimum standards for
      administration and enforcement of the state building  construction  code
      and  the  state  building conservation and fire prevention code by local
      governments to which this section applies.
        4. Within sixty days after  the  effective  date  of  the  regulations
      required by subdivision three of this section the elective or appointive
      chief  executive  officer of each local government to which this section
      applies shall report in writing to the  executive  or  appointive  chief
      executive  officer  or,  if  there  be  none, the chairman of the county
      legislative body  of  the  county  in  which  the  local  government  is
      situated,   the  measures  it  has  taken  or  contemplates  taking  for
      administration and enforcement of the state building  construction  code
      and the state building conservation and fire prevention code.
        5.  Within  one  hundred  twenty  days after the effective date of the
      regulations required by subdivision three of this section  the  elective
      or appointive chief executive officer or, if there be none, the chairman
      of  the  county  legislative  body  shall  forward  to the secretary the
      reports of the local governments required by subdivision  four  of  this
      section  together  with  a  report  of the measures such county or local
      government has taken  or  contemplates  taking  for  administration  and
      enforcement  of  the  state  building  construction  code  and the state
      building conservation and fire prevention code.
        6. On and after the first day of March, nineteen  hundred  eighty-two,
      the  provisions  of  subdivisions  three, four and five of section three
      hundred eighty-one of  this  article  shall  immediately  apply  to  the
      administration  and  enforcement of the state building construction code
      and the state building conservation and fire prevention  code  by  every
      local  government in which such codes have been made applicable pursuant
      to this section.