Section 379. Incorporation of higher standards by council upon recommendation of local government; local building regulations  


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  • 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. During the period in which the council is considering such
      petition, such local laws or ordinances shall remain in full  force  and
      effect.
        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.