Section 381. Administration and enforcement of the New York state uniform fire prevention and building 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. 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 inspections,
    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,
    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, and
    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.
    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  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
  the uniform code 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  the  uniform  code  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 the  uniform
  code  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. A local government or a county may  repeal
  a local law which provides that it will not enforce the uniform code and

  shall  thereafter  administer  and  enforce the uniform code as provided
  above.   Local governments may  provide  for  joint  administration  and
  enforcement  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 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.