NY S04535

Counties can now formally request state investigations into local governments' compliance with uniform fire prevention and building codes by passing a resolution approved by the county legislature and county executive

Local governments must receive a copy of the county's official notice and have one month to respond before the state Secretary can begin an investigation

If the Secretary finds a local government is incapable or unwilling to enforce building codes and the investigation was initiated by the county, the Secretary must designate the county to take over enforcement responsibilities (unless the county is also incapable)

Local governments that lose code enforcement authority can petition to regain it after at least 18 months by demonstrating to the Secretary that prior compliance issues have been resolved

The Secretary retains existing authority to issue compliance orders, seek legal action through the Attorney General, or assume direct state enforcement of building codes in non-compliant localities