Section 383. Construction with other laws; severability


Latest version.
  • 1. The provisions
      of this article and of the uniform fire  prevention  and  building  code
      shall  supersede any other provision of a general, special or local law,
      ordinance, administrative code, rule or regulation  inconsistent  or  in
      conflict therewith provided however:
        a.  Nothing  herein  shall  impair  the  validity  of any action taken
      pursuant to or in compliance with such  law  or  regulation  before  the
      effective date of the uniform code; and
        b.  Any improvement, modification, alteration, adaptation, redesign or
      repair required by or pursuant to any general,  special  or  local  law,
      administrative code, rule or regulation enacted and effective before the
      effective  date  of  the  uniform  code  shall be made in the manner and
      within the time so required.
        c. That, in cities with a population of over one million, the existing
      building and fire prevention codes shall  continue  in  full  force  and
      effect  beyond  January  one,  nineteen  hundred  eighty-four unless the
      council, after analysis and consultation  with  the  building  and  fire
      officials   of  such  cities,  shall  determine  that  said  local  code
      provisions are less stringent than  the  uniform  code.  Existing  local
      statutory,  regulatory  and  administrative  laws and provisions of such
      cities shall continue in full force and effect unless the  foregoing  is
      determined  by  the  council.  Notwithstanding this paragraph, when such
      factory manufactured homes are intended for use as  one  or  two  family
      dwelling  units  or  multiple  dwellings of not more than two stories in
      height, provided such multiple dwellings are not  intended  for  use  as
      hotels or motels, the provisions of this article and of the uniform fire
      prevention  and  building  code pertaining to factory manufactured homes
      shall supersede any other provision of general, special  or  local  law,
      ordinance,  administrative  code,  rule or regulation inconsistent or in
      conflict therewith.
        2. Nothing herein shall be construed as affecting the authority of the
      state labor department to enforce a safety  or  health  standard  issued
      under  provisions  of  sections  twenty-seven  and twenty-seven-a of the
      labor law.
        3. Nothing  herein  shall  be  construed  to  relieve  a  person  from
      complying  with  a stricter standard issued pursuant to the Occupational
      Safety and Health Act of 1970, as amended.
        4. If any section of this article or the application  thereof  to  any
      person  or  circumstances  shall  be  adjudged  invalid  by  a  court of
      competent jurisdiction, such order or judgment shall be confined in  its
      operation  to  the  controversy  in which it was rendered, and shall not
      affect or invalidate the remainder of any provision of  any  section  or
      the application of any part thereof to any other person or circumstances
      and to this end the provisions of each section of the article are hereby
      declared to be separable.