New York Consolidated Laws
N.Y. Executive Law § 371 (2026)
Statement of legislative findings and purposes
✓ current as of May 2026
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§ 371. Statement of legislative findings and purposes. 1. The legislature hereby finds and declares that: a. The present level of loss of life, injury to persons, and damage to property as a result of fire demonstrates that the people of the state have yet to receive the basic level of protection to which they are entitled in connection with the construction and maintenance of buildings; b. There does not exist for all areas of the state a single, adequate, enforceable code establishing minimum standards for fire protection and construction, maintenance and use of materials in buildings. Instead, there exists a multiplicity of codes and requirements for various types of buildings administered at various levels of state and local government. There are, in addition, extensive areas of the state in which no code at all is in effect for the general benefit of the people of the state; c. The present system of enforcement of fire protection and building construction codes is characterized by a lack of adequately trained personnel, as well as inconsistent qualifications for personnel who administer and enforce those codes; d. Whether because of the absence of applicable codes, inadequate code provisions or inadequate enforcement of codes, the threat to the public health and safety posed by fire remains a real and present danger for the people of the state; and e. The multiplicity of fire protection and building construction code requirements poses an additional problem for the people of the state since it increases the cost of doing business in the state by perpetuating multiple requirements, jurisdictional overlaps and business uncertainties, and, in some instances, by artificially inducing high construction costs. 2. The legislature declares that it shall be the public policy of the state of New York to: a. Immediately provide for a minimum level of protection from the hazards of fire in every part of the state; b. Provide for the promulgation of a uniform code addressing building construction and fire prevention in order to provide a basic minimum level of protection to all people of the state from hazards of fire and inadequate building construction. In providing for such a uniform code, it is declared to be the policy of the state of New York to: (1) reconcile the myriad existing and potentially conflicting regulations which apply to different types of buildings and occupancies; (2) recognize that fire prevention and fire prevention codes are closely related to the adequacy of building construction codes, that the greatest portion of a building code's requirements are fire safety oriented, and that fire prevention and building construction concerns should be the subject of a single code; (3) recognize that the decarbonization of new and existing buildings is closely related to the state's clean energy and climate agenda as described in the New York climate leadership and community protection act set forth in chapter one hundred six of the laws of two thousand nineteen, and that the uniform code shall enable the state's clean energy objectives; (4) place public and private buildings on an equal plane with respect to fire prevention and adequacy of building construction; (5) require new and existing buildings alike to keep pace with advances in technology concerning fire prevention and building construction, including, where appropriate, that provisions apply on a retroactive basis; and (6) provide protection to both residential and non-residential buildings; c. Insure that the uniform code be in full force and effect in every area of the state; d. Encourage local governments to exercise their full powers to administer and enforce the uniform code; and e. Provide for a uniform, statewide approach to the training and qualification of personnel engaged in the administration and enforcement of the uniform code.
Notes of Decisions
Cited in 21
cases (3 in the last 5 years), 1987–2024 · leading case: WMC Realty Corp. v. City of Yonkers, 2021 NY Slip Op 02440 (N.Y. App. Div. 2021).
WMC Realty Corp. v. City of Yonkers, 2021 NY Slip Op 02440 (N.Y. App. Div. 2021). “In 1981, the New York State Legislature (hereinafter the legislature) enacted the Uniform Fire Prevention and Building Code Act (hereinafter [*2]the Uniform Act), providing, inter alia, for local enforcement of a uniform code addressing building constructions and fire prevention…”
New York Propane Gas Ass'n v. New York State Dep't, 17 A.D.3d 915 (N.Y. App. Div. 2005). “Executive Law § 377 authorized the initial formulation and promulgation of a uniform, statewide fire prevention and building code, the paramount purpose of which was to provide individuals with safe public and private buildings (see generally Executive Law § 371). Executive Law…”
People v. Oceanside Institutional Indus., Inc., 15 Misc. 3d 22 (N.Y. App. Term. 2007). “The New York State Uniform Fire Prevention and Building Code Act (Executive Law, art 18, §§ 370-383) was promulgated in 1981 to “provide for a minimum level of protection from the hazards of fire in every part of the state” (Executive Law § 371 [2] [a]) and to “provide a basic…”
Beneke v. Town of Santa Clara, 36 A.D.3d 1195 (N.Y. App. Div. 2007). “Although plaintiff contends that Navigation Law § 30 confers exclusive jurisdiction to the State over its navigable waters — a triable issue — the Executive Law and the State Uniform Fire Prevention and Building Code mandate that local governments enforce that code (see…”
Zanghi v. Niagara Frontier Transp. Comm'n, 649 N.E.2d 1167 (NY 1995). “e, the Legislature declared that it is the policy of this State to "recognize that fire prevention and fire prevention codes are closely related to the adequacy of building construction codes, that the greatest portion of a building code’s requirements are fire safety oriented,…”
Town of North Elba v. Grimditch, 131 A.D.3d 150 (N.Y. App. Div. 2015). “3 [a]; Joint Village of Lake Placid/Town of North Elba Land Use Code part III, art II, § 12 [A]), and there is no question that the Town has the authority to administer and enforce the provisions thereof (see Executive Law §§371 [d]; 381 [2]). Additionally, the LUC specifies a…”
Town of Carmel v. Melchner, 105 A.D.3d 82 (N.Y. App. Div. 2013). “*100 The Uniform Building Code Act In 1981, the legislature enacted the Uniform Building Code Act, providing for local enforcement of “a uniform code addressing building construction and fire prevention in order to provide a basic minimum level of protection to all people of the…”
Matter of Brown v. City of Schenectady, 2022 NY Slip Op 05245 (N.Y. App. Div. 2022). “Although a local government has the option to decline this responsibility by adopting a local law to that effect, thereby shifting the responsibility to the respective county ( see Executive Law § 381 [2];19 NYCRR § 1202.”
Beneke v. Town of Santa Clara, 28 A.D.3d 998 (N.Y. App. Div. 2006). “Failing to find that its *1000 commencement of this action was contrary to its authorized enforcement power (see Executive Law §§381, 382 [1]; see also Executive Law § 371 [2] [b] [5]; [d]; see generally Matter of ATM One v Landaverde, 2 NY3d 472, 476-477 [2004]), 2 we affirm.”
Tarquini v. Town of Aurora, 570 N.E.2d 186 (NY 1991). “Enacted in response to a series of tragic fires that had occurred in New York and elsewhere, the legislation was designed to reconcile and consolidate existing fire prevention and structural regulations into a single, uniform code in order to provide a minimum level of…”
Hart Fam. v. Town of Lake George, 110 A.D.3d 1278 (N.Y. App. Div. 2013). “Although the statutory authority of towns to enforce the State Uniform Fire Prevention and Building Code includes structures in navigable waters (see Executive Law § 371; Beneke v Town of Santa Clara, 36 AD3d 1195, 1198 [2007], lv dismissed 8 NY3d 938 [2007]), the Town has never…”
Elec. Inspectors, Inc. v. New York Bd. of Fire Underwriters, 145 F. Supp. 2d 271 (E.D.N.Y 2001). “” N.Y. Exec. Law § 371 (2)(d) (McKinney 1993) (emphasis added).”
— N.Y. Executive Law § 371(2)(b) — 1 case
WMC Realty Corp. v. City of Yonkers, 2021 NY Slip Op 02440 (N.Y. App. Div. 2021). “In 1981, the New York State Legislature (hereinafter the legislature) enacted the Uniform Fire Prevention and Building Code Act (hereinafter [*2]the Uniform Act), providing, inter alia, for local enforcement of a uniform code addressing building constructions and fire prevention…”
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