NYS Related Links

Office of the NYS Comptroller Links

NYS PART 1203 - Uniform Code: Minimum Standards for Administration and Enforcement

2020 Property Maintenance Code of New York State

2021 NYS International Property Maintenance code Law

2015 NYS Properties Maintenance Code Law (effective October 3, 2016)

2010 NYS Properties Maintenance Code Law

NYS Building Standards and Codes - Rule Making

Zoning Enforcement - NYS Department of State Publication - This publication discusses the zoning enforcement process, including options for enforcement, along with the laws that authorize enforcement in the towns and villages of New York State.

Orders to Remedy

Effective January 12, 2015

TECHNICAL BULLETIN

19 NYCRR 1203.5: Time Fixed for Compliance with Orders to Remedy

(Click here for for printable PDF version of the bulletin)

Issued January 12, 2015

On Monday January 12, 2015, the New York Department of State adopted a regulation that fixes the time within which a person served with an Order to Remedy violation(s) of the Uniform Fire Prevention and Building Code (Uniform Code) must comply with that Order. Specifically, the regulation provides that an Order to Remedy a condition in violation of the Uniform Code must state that full compliance with the Order is required within 30 days after the date of the Order.

The regulation was added as a new section 1203.5 to 19 NYCRR Part 1203. Part 1203 establishes minimum standards for administration and enforcement of the Uniform Code. All cities, towns, villages, counties, and State agencies that are responsible for the administration and enforcement of the Uniform Code are required to comply with Part 1203, including the newly added section 1203.5.

Adoption of this regulation as an emergency rule makes it effective immediately upon filing.

See full - TECHNICAL BULLETIN - 19 NYCRR 1203.5: Time Fixed for Compliance with Orders to Remedy - Issued January 12, 2015

http://www.dos.ny.gov/dcea/pdf/TB_OrderRemedy_01122015.pdf

See Text of Rule

http://www.dos.ny.gov/DCEA/pdf/RuleText20141208_remedy.pdf

Reasons for Adoption of section 1203.5

Executive Law § 382(2) provides that a person who is served with an Order to Remedy and who fails to comply with that Order within the time fixed by Department of State regulations, such time period to be stated in such order, may be subject to a fine of up to $1,000 per day of violation, imprisonment up to one year, or both.

Prior to the adoption of new section 1203.5, no regulation adopted by the Department of State “fixed” a time within which a person served with an Order to Remedy must comply with that order. In general, local governments that issued Orders to Remedy would determine a “reasonable time” within which compliance with the Order would be required.

In a recent decision entitled People v. Plateau Associates, LLC, the New York State Supreme Court, Appellate Term, Second Department, held that in the absence of a Department of State regulation fixing the time within which compliance with an Order to Remedy is required, a party served with such an order could not be charged under Executive Law § 382(2) for failure to comply with such Order within the time fixed by regulation for such compliance. The Court rejected the argument that the local government that issued the Order to Remedy should be permitted to determine the “reasonable time” within which compliance with the Order to Remedy would be required.

With the adoption of new section 1203.5, a city, town, village, county or State agency that issues an Order to Remedy must specify in the Order that the person served with the Order must fully comply with the Order within 30 days of the date of the Order. (As will be more fully discussed below, the new regulation specifies the form of a statement that must be included in each Order to Remedy). On or after January 12, 2015, if the person served with the Order to Remedy fails to comply fully with the Order within 30 days of the date of the Order, the city, town, village, county or State agency that issued an Order will be able to charge that person under Executive Law § 382(2), and will be able to allege (1) that the person was served with an Order to Remedy, and (2) that the person failed to comply with the Order within 30 days after the date of the Order, which is the time “fixed” by the Department of State’s regulations and the time “stated” in the Order.

Department of State - Local Laws Search

http://locallaws.dos.ny.gov/search/laws/Ilion

Department of State -

REQUEST FOR A CODE INTERPRETATION BY THE SECRETARY OF STATE

Department of State - List of NYS Certified Building Safety Inspectors

Department of State - List of NYS Certified Code Enforcement Officials

CONTROLLING JUNK - Revised 2010 pdf file

Snippet from the Document's introduction.

This publication was prepared to inform municipalities of the options available to them to control the accumulation of junk motor vehicles as well as other household debris. A municipality may use statutory authority to adopt local regulations requiring junkyards to be licensed. These regulations can limit the potential location of a new junkyard if the applicant is unable to meet separation or other requirements. In addition, the location of junkyards may also be limited through zoning. A municipality may also adopt junk storage regulations that address household debris and other clutter, not just abandoned motor vehicles and their parts. A municipality that chooses not to adopt local regulations may enforce the provisions contained in the State’s motor vehicle junkyard law, as well as the New York State Uniform Fire Prevention and Building Code (Uniform Code). The pertinent parts of the Uniform Code, presented in Section Three of this publication, address the storage of junk motor vehicles and provide fire safety provisions related to debris in the yard.

NYS Property Maintenance Codes - 2010

This is the link to the most current version of the NYS Property Maintenance Codes.

NYS Property Maintenance Code - 2002 (see file in folder below)

This pdf file in the folder below is the 2002 booklet - the 2010 version is more current.

Division of Building Standards and Codes

http://www.dos.ny.gov/dcea/index.html

Local Government Training

http://www.dos.ny.gov/lg/publications.html

Shared Enforcement of the Uniform Code and Energy Code

This document provides a guide to increasing efficiency by sharing code enforcement responsibilities.

Shared Enforcement of the Uniform Code and Energy Code or (PDF, 12 pgs)

Sample County-Municipality Agreement or (PDF, 4 pgs)