Bill Text: NY S08281 | 2009-2010 | General Assembly | Introduced
Bill Title: Updates the state energy conservation construction code to address the requirements of the American Recovery and Reinvestment Act of 2009.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-06-24 - referred to energy [S08281 Detail]
Download: New_York-2009-S08281-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8281
I N S E N A T E
June 20, 2010
___________
Introduced by Sen. FOLEY -- (at request of the Governor) -- read twice
and ordered printed, and when printed to be committed to the Committee
on Rules
AN ACT to amend the energy law and the executive law, in relation to
updating the state energy conservation construction code to address
the requirements of the American Recovery and Reinvestment Act of 2009
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 11-102 of the energy law, as added by chapter 397
2 of the laws of 1978, subdivision 3 as amended, subdivisions 4, 5, 6 and
3 7 as renumbered and subdivisions 8 and 9 as added by chapter 516 of the
4 laws of 1984, is amended to read as follows:
5 S 11-102. Definitions. For the purposes of this article, the follow-
6 ing words and phrases shall have the following meanings unless a differ-
7 ent meaning is plainly required by the context:
8 1. "ADDITION." AN EXTENSION OR INCREASE IN THE CONDITIONED SPACE FLOOR
9 AREA OR HEIGHT OF ANY BUILDING.
10 2. "ALTERATION." ANY RENOVATION, RECONSTRUCTION OR RENEWAL OF OR TO AN
11 EXISTING BUILDING, OR PORTION THEREOF, OTHER THAN AN ADDITION. THE WORD
12 "ALTERATION" SHALL INCLUDE ANY CHANGE IN EQUIPMENT THAT INVOLVES AN
13 EXTENSION, ADDITION OR CHANGE TO THE ARRANGEMENT, TYPE OR PURPOSE OF THE
14 ORIGINAL INSTALLATION.
15 3. "ASHRAE 90.1-2007." ANSI/ASHRAE/IESNA STANDARD 90.1-2007, ENTITLED
16 "ENERGY STANDARDS FOR BUILDINGS EXCEPT LOW-RISE RESIDENTIAL BUILDINGS,"
17 PUBLISHED BY AMERICAN SOCIETY OF HEATING, REFRIGERATING AND AIR-CONDI-
18 TIONING ENGINEERS, INC.
19 4. "Building." Any [combination of materials, whether portable or
20 fixed, having a roof to form a structure which is heated or cooled in
21 the normal course affording shelter for persons, animals or property,
22 including any equipment therein, provided however that the term "build-
23 ing" shall not include any structure which is heated and cooled without
24 the use of electricity or fossil fuel. The word "building" shall include
25 "factory manufactured homes" as defined in section four hundred-c of
26 article eighteen-B of the executive law] STRUCTURE USED OR INTENDED FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12237-03-0
S. 8281 2
1 SUPPORTING OR SHELTERING ANY USE OR OCCUPANCY OR FOR AFFORDING SHELTER
2 TO PERSONS, ANIMALS OR PROPERTY, INCLUDING ANY EQUIPMENT THEREIN.
3 [2.] 5. "Code." The state energy conservation construction code
4 provided for in this article, or any portion thereof, any modification
5 of or amendments thereto.
6 [3. "Construction." The construction of a new building, or any addi-
7 tion to, or substantial renovation of, an existing building.
8 4.] 6. "COMMERCIAL BUILDING." ANY BUILDING THAT IS NOT A RESIDENTIAL
9 BUILDING.
10 7. "CONDITIONED SPACE." AN AREA OR ROOM WHICH IS WITHIN A BUILDING AND
11 WHICH IS (A) BEING HEATED OR COOLED, (B) CONTAINS UNINSULATED DUCTS, OR
12 (C) HAS A FIXED OPENING DIRECTLY INTO AN ADJACENT CONDITIONED SPACE.
13 8. "Equipment." Plumbing, heating, electrical, LIGHTING, insulating,
14 ventilating, air conditioning, and refrigerating equipment, elevators,
15 escalators, and other mechanical additions or installations but does not
16 include any items constituting an industrial or commercial process.
17 [5.] 9. "HISTORIC BUILDING." ANY BUILDING THAT IS (A) LISTED ON THE
18 NATIONAL REGISTER OF HISTORIC PLACES OR ON THE STATE REGISTER OF HISTOR-
19 IC PLACES, (B) DETERMINED BY THE COMMISSIONER OF PARKS, RECREATION AND
20 HISTORIC PRESERVATION TO BE ELIGIBLE FOR LISTING ON THE STATE REGISTER
21 OF HISTORIC PLACES, (C) DETERMINED BY THE COMMISSIONER OF PARKS, RECRE-
22 ATION AND HISTORIC PRESERVATION TO BE A CONTRIBUTING BUILDING TO AN
23 HISTORIC DISTRICT THAT IS LISTED OR ELIGIBLE FOR LISTING ON THE STATE OR
24 NATIONAL REGISTERS OF HISTORIC PLACES, OR (D) OTHERWISE DEFINED AS AN
25 HISTORIC BUILDING IN REGULATIONS ADOPTED BY THE STATE FIRE PREVENTION
26 AND BUILDING CODE COUNCIL.
27 10. "IECC" OR "INTERNATIONAL ENERGY CONSERVATION CODE." THE INTERNA-
28 TIONAL ENERGY CONSERVATION CODE, PUBLISHED BY INTERNATIONAL CODE COUN-
29 CIL, INC.
30 11. "LOCAL GOVERNMENT." ANY VILLAGE, TOWN (OUTSIDE THE AREA OF ANY
31 INCORPORATED VILLAGE) OR CITY.
32 12. "Municipality." Any county, city, town, village, school district
33 or district corporation.
34 [6.] 13. "Owner." The owner or owners of the freehold of a premises or
35 any lesser estate therein, a mortgagee or vendee in possession, a
36 contract vendee, assignee of rents, receiver, executor, trustee, lessee,
37 or any other person, firm or corporation in control of a building.
38 [7.] 14. "Residential BUILDING." Any building which is designed or is
39 to be used primarily as a dwelling or household AS DEFINED BY THE STATE
40 FIRE PREVENTION AND BUILDING CODE COUNCIL, INCLUDING ANY FACTORY MANU-
41 FACTURED HOME AS DEFINED IN SUBDIVISION EIGHT OF SECTION THREE HUNDRED
42 SEVENTY-TWO OF THE EXECUTIVE LAW AND ANY MOBILE HOME AS DEFINED IN
43 SUBDIVISION THIRTEEN OF SECTION THREE HUNDRED SEVENTY-TWO OF THE EXECU-
44 TIVE LAW.
45 [8. "Substantial renovation." The alteration of any existing building
46 in which more than fifty percent of any building subsystem is replaced.
47 9. "Subsystem." A building assembly made up of various components
48 which serve a specific function, including but not limited to exterior
49 walls, roof and ceiling, floors, lighting, piping, ductwork, and equip-
50 ment as defined in subdivision four of this section.]
51 15. "UNIFORM CODE." THE NEW YORK STATE UNIFORM FIRE PREVENTION AND
52 BUILDING CODE ADOPTED, AND AS MAY BE AMENDED, PURSUANT TO ARTICLE EIGH-
53 TEEN OF THE EXECUTIVE LAW.
54 S 2. Subdivision 1 of section 11-103 of the energy law, as amended by
55 chapter 292 of the laws of 1998, is amended to read as follows:
S. 8281 3
1 1. (a) [The code relating to the construction of all buildings, or
2 classes of buildings in the state, for purposes of minimizing the
3 consumption of energy and providing for the efficient utilization of the
4 energy expended in the use and occupancy of buildings is continued.
5 Such code shall be at least equal to the standards specified in standard
6 90-75 of the American Society of Heating, Refrigerating and Air Condi-
7 tioning Engineers, Inc., entitled "Energy Conservation in New Building
8 Design", known hereafter as ASHRAE Standard 90-75; and to the reference
9 standards upon which the ASHRAE Standard 90-75 is based; provided howev-
10 er, that in addition any portion of the code which applies to residen-
11 tial construction shall be at least equivalent to the requirements set
12 forth in the public service commission opinions, PSC 76-16 (C) dated May
13 fifteenth and sixteenth, nineteen hundred seventy-seven, and appendices
14 thereto. The code shall apply to all buildings for which application for
15 a building permit is made and plans are filed in this state on or after
16 January first, nineteen hundred seventy-nine, which date shall be the
17 effective date of the code.
18 (b) The rules and regulations relating specifically to the substantial
19 renovation of all buildings, or classes of buildings in the state, for
20 purposes of minimizing the consumption of energy and providing for the
21 efficient utilization of the energy expended in the use and occupancy of
22 such buildings are continued. Such rules and regulations shall apply
23 only to that portion of a building subsystem or subsystems which is
24 replaced; provided that fifty percent or more of such building subsystem
25 or subsystems is replaced.] THE STATE ENERGY CONSERVATION CONSTRUCTION
26 CODE ADOPTED BY THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL AND
27 CONSISTING OF A BUILDING ENERGY CODE FOR RESIDENTIAL BUILDINGS THROUGH-
28 OUT THE STATE AND A BUILDING ENERGY CODE FOR COMMERCIAL BUILDINGS
29 THROUGHOUT THE STATE IS CONTINUED UNTIL AMENDED OR A NEW CODE IS ADOPTED
30 AND EFFECTIVE.
31 (B) THE CODE SHALL APPLY TO THE CONSTRUCTION OF ANY NEW BUILDING. THE
32 CODE SHALL ALSO APPLY TO AN ADDITION TO, AND ALTERATION OF, ANY EXISTING
33 BUILDING OR BUILDING SYSTEM; PROVIDED, HOWEVER, THAT THE CODE SHALL NOT
34 BE INTERPRETED TO REQUIRE ANY UNALTERED PORTION OF THE EXISTING BUILDING
35 OR BUILDING SYSTEM TO COMPLY WITH THE CODE. THE CODE SHALL NOT APPLY TO
36 THE FOLLOWING PROVIDED THAT THE ENERGY USE OF THE BUILDING IS NOT
37 INCREASED:
38 (1) STORM WINDOWS INSTALLED OVER EXISTING FENESTRATION;
39 (2) GLASS ONLY REPLACEMENTS IN AN EXISTING SASH AND FRAME;
40 (3) EXISTING CEILING, WALL OR FLOOR CAVITIES EXPOSED DURING
41 CONSTRUCTION PROVIDED THAT THESE CAVITIES ARE FILLED WITH INSULATION;
42 (4) CONSTRUCTION WHERE THE EXISTING ROOF, WALL OR FLOOR CAVITY IS NOT
43 EXPOSED;
44 (5) REROOFING FOR ROOFS WHERE NEITHER THE SHEATHING NOR THE INSULATION
45 IS EXPOSED; ROOFS WITHOUT INSULATION IN THE CAVITY AND WHERE THE SHEATH-
46 ING OR INSULATION IS EXPOSED DURING REROOFING SHALL BE INSULATED EITHER
47 ABOVE OR BELOW THE SHEATHING;
48 (6) REPLACEMENT OF EXISTING DOORS THAT SEPARATE CONDITIONED SPACE FROM
49 THE EXTERIOR SHALL NOT REQUIRE THE INSTALLATION OF A VESTIBULE OR
50 REVOLVING DOOR, PROVIDED, HOWEVER, THAT AN EXISTING VESTIBULE THAT SEPA-
51 RATES SUCH CONDITIONED SPACE FROM THE EXTERIOR SHALL NOT BE REMOVED;
52 (7) ALTERATIONS THAT REPLACE LESS THAN FIFTY PERCENT OF THE LUMINAIRES
53 IN A SPACE, PROVIDED THAT SUCH ALTERATIONS DO NOT INCREASE THE INSTALLED
54 INTERIOR LIGHTING POWER;
S. 8281 4
1 (8) ALTERATIONS THAT REPLACE ONLY THE BULB AND BALLAST WITHIN THE
2 EXISTING LUMINAIRES IN A SPACE PROVIDED THAT THE ALTERATION DOES NOT
3 INCREASE THE INSTALLED INTERIOR LIGHTING POWER; AND
4 (9) ANY OTHER EXCEPTION ADOPTED BY THE STATE FIRE PREVENTION AND
5 BUILDING CODE COUNCIL PROVIDED THAT SUCH EXCEPTION WILL NOT PREVENT THE
6 ATTAINMENT OF THE COMPLIANCE GOALS SET FORTH IN SECTION 410(2)(C) OF THE
7 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009.
8 S 3. Subdivision 2 of section 11-103 of the energy law, as amended by
9 chapter 292 of the laws of 1998, is amended to read as follows:
10 2. The state fire prevention and building code council is authorized,
11 from time to time as it deems appropriate and consistent with the
12 purposes of this article, to review and amend the code, OR ADOPT A NEW
13 CODE, through rules and regulations provided that the code remains cost
14 effective with respect to building construction in the state. [The] IN
15 DETERMINING WHETHER THE CODE REMAINS COST EFFECTIVE, THE code COUNCIL
16 shall [be deemed cost effective if] CONSIDER WHETHER the cost of materi-
17 als and their installation to meet its standards would be equal to or
18 less than the present value of energy savings that could be expected
19 over a ten year period in the building in which such materials are
20 installed. FOR RESIDENTIAL BUILDINGS, THE CODE SHALL MEET OR EXCEED THE
21 THEN MOST RECENTLY PUBLISHED INTERNATIONAL ENERGY CONSERVATION CODE, OR
22 ACHIEVE EQUIVALENT OR GREATER ENERGY SAVINGS; AND FOR COMMERCIAL BUILD-
23 INGS, THE CODE SHALL MEET OR EXCEED ASHRAE 90.1-2007, OR ACHIEVE EQUIV-
24 ALENT OR GREATER ENERGY SAVINGS.
25 S 4. Subdivision 5 of section 11-104 of the energy law, as added by
26 chapter 516 of the laws of 1984, is amended to read as follows:
27 5. The code shall exempt from such uniform standards and requirements
28 [property that is listed on the national register of historic places,
29 property that is listed on the state register of historic places or
30 property that is determined to be eligible for listing on the state
31 register by the commissioner of parks, recreation and historic preserva-
32 tion] ANY HISTORIC BUILDING AS DEFINED IN SECTION 11-102 OF THIS
33 ARTICLE.
34 S 5. Section 11-105 of the energy law, as amended by chapter 292 of
35 the laws of 1998, is amended to read as follows:
36 S 11-105. Limitation of application. Notwithstanding the provisions
37 of subdivision one of section 11-103 of this article, the state fire
38 prevention and building code council, by regulation, may limit the
39 application of any portion of the code so as to include or exclude
40 classes or types of buildings, according to the use thereof or the cost
41 effectiveness of the code with respect to any such class or type of
42 building, or according to any other distinction as may make differen-
43 tiation or separate classification or regulation necessary, proper or
44 desirable, [so long as any] PROVIDED HOWEVER, THAT such limitation: (1)
45 is consistent with the purposes of this article and the criteria set
46 forth in section 11-104 of this article, (2) DOES NOT RENDER THE CODE
47 INCONSISTENT WITH THE ENERGY SAVINGS REQUIREMENTS OF SUBDIVISION TWO OF
48 SECTION 11-103 OF THIS ARTICLE, AND (3) WHETHER CONSIDERED INDIVIDUALLY
49 OR COLLECTIVELY WITH OTHER LIMITATIONS, WILL NOT PREVENT THE ATTAINMENT
50 OF THE COMPLIANCE GOALS SET FORTH IN SECTION 410(2)(C) OF THE AMERICAN
51 RECOVERY AND REINVESTMENT ACT OF 2009.
52 S 6. Section 11-107 of the energy law, as amended by chapter 517 of
53 the laws of 1984, is amended to read as follows:
54 S 11-107. Administration and enforcement. Except as otherwise
55 [expressly provided herein] PROVIDED IN REGULATIONS ADOPTED PURSUANT TO
56 SECTION THREE HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW, the adminis-
S. 8281 5
1 tration and enforcement of the provisions of the code [within any muni-
2 cipality] WITH RESPECT TO ANY BUILDING shall be the responsibility of
3 that governmental entity which is responsible for the administration and
4 enforcement of the provisions of the [building construction code or the]
5 UNIFORM CODE OR OTHER APPLICABLE fire prevention and building
6 construction code [applicable within such municipality] WITH RESPECT TO
7 SUCH BUILDING. The code shall be administered and enforced in the
8 manner prescribed by applicable local law or ordinance [or the] CONSIST-
9 ENT WITH THE STANDARDS AND procedures adopted pursuant to section three
10 hundred eighty-one of the executive law [for the administration and
11 enforcement of the state uniform fire prevention and building
12 construction code].
13 S 7. Subdivision 1 of section 11-108 of the energy law, as amended by
14 chapter 516 of the laws of 1984, is amended to read as follows:
15 1. Any person having been served with an order TO REMEDY A VIOLATION
16 OF THE CODE pursuant to the provisions of any local law or ordinance, or
17 the procedures adopted pursuant to section three hundred eighty-one of
18 the executive law [for the administration and enforcement of the state
19 uniform fire prevention and building construction code], who shall fail
20 to comply with such order within thirty days after such service or with-
21 in the time fixed by such order for compliance, whichever is greater,
22 and any owner, builder, architect, engineer, contractor or subcontractor
23 taking part or assisting in the construction or use of any building who
24 shall knowingly violate any applicable provisions of the code or any
25 lawful order of the governmental entity responsible for the adminis-
26 tration and enforcement thereof shall be punishable by a fine of not
27 more than [five hundred] ONE THOUSAND dollars or by imprisonment of not
28 more than thirty days in jail, or both.
29 S 8. Section 11-109 of the energy law, as added by chapter 397 of the
30 laws of 1978, subdivision 1 as amended by chapter 516 of the laws of
31 1984 and subdivision 2 as amended by chapter 292 of the laws of 1998, is
32 amended to read as follows:
33 S 11-109. Municipal regulations. 1. Nothing in this article shall be
34 construed as abrogating or impairing the power of any municipality or
35 the secretary of state to enforce the provisions of any local building
36 regulations or the state uniform fire prevention and building
37 [construction] code, provided that such local building regulations are
38 not inconsistent with the code. Nor shall anything in this article be
39 construed as abrogating or impairing the power of any municipality to
40 promulgate a local energy conservation construction code more stringent
41 than the code, INCLUDING BUT NOT LIMITED TO REQUIREMENTS FOR MANDATORY
42 ENERGY EFFICIENCY TESTING AND RATINGS.
43 2. Any municipality which adopts a local energy conservation
44 construction code in accordance with this section shall file a copy of
45 such code and any amendments or revisions thereof with the state fire
46 prevention and building code council within thirty days after promulga-
47 tion or adoption of such LOCAL code[,] OR ANY amendments or revisions
48 THEREOF. [The failure to comply with the provisions of this subdivision
49 shall not impair or otherwise affect the validity of such local code or
50 amendment or revision] IF THE MUNICIPALITY FILES SUCH COPY WITHIN SUCH
51 THIRTY DAY TIME PERIOD, THE MUNICIPALITY MAY ENFORCE SUCH LOCAL CODE,
52 AMENDMENT OR REVISION UNTIL AND UNLESS THE STATE FIRE PREVENTION AND
53 BUILDING CODE COUNCIL SHALL DETERMINE THAT SUCH LOCAL CODE, AMENDMENT OR
54 REVISION IS NOT MORE RESTRICTIVE THAN THE CODE. IF THE MUNICIPALITY
55 FAILS TO FILE SUCH COPY WITHIN SUCH THIRTY DAY TIME PERIOD, THE MUNICI-
56 PALITY MAY NOT ENFORCE SUCH LOCAL CODE, AMENDMENT OR REVISION UNTIL AND
S. 8281 6
1 UNLESS THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL SHALL DETER-
2 MINE THAT SUCH LOCAL CODE, AMENDMENT OR REVISION IS MORE RESTRICTIVE
3 THAN THE CODE.
4 S 9 Subdivision 2 of section 11-110 of the energy law, as amended by
5 chapter 292 of the laws of 1998, is amended to read as follows:
6 2. Agencies and municipalities of the state shall provide the secre-
7 tary of state with such cooperation and assistance as he OR SHE may deem
8 necessary to carry out the purposes of this article.
9 S 10. The section heading and subdivisions 1 and 2 of section 381 of
10 the executive law, as added by chapter 707 of the laws of 1981 and the
11 closing paragraph of subdivision 1 as amended by chapter 159 of the laws
12 of 2007, are amended to read as follows:
13 Administration and enforcement of the New York state uniform fire
14 prevention and building code AND THE NEW YORK STATE ENERGY CONSERVATION
15 CONSTRUCTION CODE. 1. The secretary shall promulgate rules and regu-
16 lations prescribing minimum standards for administration and enforcement
17 of the uniform fire prevention and building code promulgated in accord-
18 ance with sections three hundred seventy-seven and three hundred seven-
19 ty-eight of this article AND THE STATE ENERGY CONSERVATION CONSTRUCTION
20 CODE ADOPTED IN ACCORDANCE WITH ARTICLE ELEVEN OF THE ENERGY LAW. Such
21 rules and regulations shall become effective not later than the first
22 day of January, nineteen hundred eighty-five. The secretary shall
23 promulgate such regulations after public hearing and after considering
24 reaction to initial administration and enforcement of the uniform build-
25 ing and fire prevention code, including how local governments have
26 organized to provide for such initial administration and enforcement.
27 Such rules and regulations shall address the nature and quality of
28 enforcement and shall include, but not be limited to the following:
29 a. frequency of MANDATORY inspections FOR COMPLIANCE WITH THE UNIFORM
30 CODE AND THE STATE ENERGY CONSERVATION CONSTRUCTION CODE,
31 b. number and qualifications of staff, including requirements that
32 inspectors be certified pursuant to this chapter,
33 c. required minimum fees for administration and enforcement,
34 d. adequacy of inspections,
35 e. adequacy of means for insuring compliance with the uniform code AND
36 THE STATE ENERGY CONSERVATION CONSTRUCTION CODE, INCLUDING PROVISIONS
37 INTENDED TO ACHIEVE COMPLIANCE WITH THE STATE ENERGY CONSERVATION
38 CONSTRUCTION CODE CONSISTENT WITH THE COMPLIANCE GOALS SET FORTH IN
39 SECTION 410(2)(C) OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009,
40 f. establishment of a procedure whereby any provision or requirement
41 of the uniform code may be varied or modified in cases where strict
42 compliance with such provision or requirement would entail practical
43 difficulties or unnecessary hardship or would otherwise be unwarranted.
44 Such procedure shall be designed to insure that any such variance or
45 modification shall not substantially affect adversely provisions for
46 health, safety and security, and that equally safe and proper alterna-
47 tives may be prescribed. Requests for a variance shall be resolved with-
48 in sixty days of the date of application unless a longer period is
49 required for good cause shown, [and]
50 g. procedures for inspection of certain classes of buildings based
51 upon design, construction, ownership, occupancy or use, including, but
52 not limited to, mobile homes, factory manufactured homes and state-owned
53 buildings[.],
54 H. MINIMUM BASIC TRAINING AND IN-SERVICE TRAINING REQUIREMENTS FOR
55 PERSONNEL CHARGED WITH ADMINISTRATION AND ENFORCEMENT OF THE STATE ENER-
56 GY CONSERVATION CONSTRUCTION CODE; AND
S. 8281 7
1 I. STANDARDS AND PROCEDURES FOR MEASURING THE RATE OF COMPLIANCE WITH
2 THE STATE ENERGY CONSERVATION CONSTRUCTION CODE, AND PROVISIONS REQUIR-
3 ING THAT SUCH RATE OF COMPLIANCE BE MEASURED ON AN ANNUAL BASIS.
4 Nothing in the rules shall require or be construed to require regular,
5 periodic inspections of (A) owner-occupied one and two-family dwellings,
6 or (B) agricultural buildings used directly and solely for agricultural
7 purposes, provided, however that this shall not be a limitation on
8 inspections conducted at the invitation of the owner or where conditions
9 on the premises threaten or present a hazard to public health, safety,
10 or welfare.
11 2. Except as may be provided in regulations of the secretary pursuant
12 to subdivision one of this section, every local government shall admin-
13 ister and enforce the uniform fire prevention and building code AND THE
14 STATE ENERGY CONSERVATION CONSTRUCTION CODE on and after the first day
15 of January, nineteen hundred eighty-four, provided, however, that a
16 local government may enact a local law prior to the first day of July in
17 any year providing that it will not enforce [the uniform code] SUCH
18 CODES on and after the first day of January next succeeding. In such
19 event the county in which said local government is situated shall admin-
20 ister and enforce [the uniform code] SUCH CODES within such local
21 government from and after the first day of January next succeeding the
22 effective date of such local law, in accordance with the provisions of
23 paragraph b of subdivision five of this section unless the county shall
24 have enacted a local law providing that it will not enforce [the uniform
25 code] SUCH CODES within that county. In such event the secretary in the
26 place and stead of the local government shall, directly or by contract,
27 administer and enforce the uniform code AND THE STATE ENERGY CONSERVA-
28 TION CONSTRUCTION CODE. A local government or a county may repeal a
29 local law which provides that it will not enforce [the uniform code]
30 SUCH CODES and shall thereafter administer and enforce [the uniform
31 code] SUCH CODES as provided above. [Local] TWO OR MORE LOCAL govern-
32 ments may provide for joint administration and enforcement OF THE
33 UNIFORM CODE, THE STATE ENERGY CONSERVATION CONSTRUCTION CODE, OR BOTH,
34 by agreement pursuant to article five-G of the general municipal law.
35 Any local government may enter into agreement with the county in which
36 such local government is situated to administer and enforce the uniform
37 code, THE STATE ENERGY CONSERVATION CONSTRUCTION CODE, OR BOTH, within
38 such local government. Local governments or counties may charge fees to
39 defray the costs of administration and enforcement.
40 S 11. This act shall take effect January 1, 2011; provided, however,
41 that the state fire prevention and building code council and the secre-
42 tary of state are authorized and directed to adopt such regulations as
43 deemed necessary and proper to implement this act, prior to such effec-
44 tive date.
