Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATEChapter XXXII - Division of Code Enforcement and Administration
Part 1202 - Uniform Code and Energy Code: Administration and Enforcement by the State in Certain Local Governments
Section 1202.1 - Introduction

N.Y. Comp. Codes R. & Regs. tit. 19 § 1202.1

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Current through Register Vol. 46, No. 45, November 2, 2024
Section 1202.1 - Introduction
(a) In general, local governments are charged with the administration and enforcement of the Uniform Code and the Energy Code. However, a local government has the option to decline that responsibility by adopting a local law to that effect, in which event the responsibility passes to the respective county. Counties are accorded a similar option. If a local government and a county each exercise their option, the statute provides for administration and enforcement of the Uniform Code and Energy Code by the Secretary of State in the place and stead of the local government. Certain other events may also result in the administration and enforcement of both the Uniform Code and Energy Code by the Secretary of State. This Part establishes the procedures applicable in the circumstances in which the Secretary of State, through the Department of State (the department), will administer and enforce the Uniform Code and Energy Code in the place and stead of a local government or county.
(b) Where the department is responsible for administration and enforcement of the Uniform Code and Energy Code, it shall exercise its powers in a due and proper manner to extend to the public protection from the hazards of fire and inadequate building construction, and to further the purposes of Article 11 of the Energy Law.
(c) Subject to the provisions of section 1203.2(e) of Part 1203 of this Title, the department may contract directly with an individual or business entity to perform "building safety inspector enforcement activities" or "code enforcement official enforcement activities" (as those terms are defined in Part 1208 of this Title) on behalf of the department. Where the use of such services is in addition to services provided by the department, the owner shall pay the associated fee prescribed by this Part, including but not limited to the fee associated with the third-party services.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1202.1

Adopted New York State Register December 28, 2022/Volume XLIV, Issue 52 , eff. 12/30/2022