New York Consolidated Laws
N.Y. Executive Law § 373 (2026)
Required immediate applicability of existing state codes
✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 373. Required immediate applicability of existing state codes. 1. The state building construction code provided for in article eighteen of this chapter, as added by chapter eight hundred of the laws of nineteen hundred fifty-one and the state building conservation and fire prevention code provided for in article eighteen-A of this chapter shall be applicable from and after the first day of March, nineteen hundred eighty-two in every local government that does not on such date have in effect a building or fire protection code. Said state building construction code and state building conservation and fire prevention code shall also be applicable in every local government that on the first day of March, nineteen hundred eighty-two has a building or fire prevention code in effect but which prior to the first day of January, nineteen hundred eighty-four, repeals such code, provided, however, that in the case of any such repeal, the state building construction code and the state building conservation and fire prevention code shall apply within such local government from and after the date of such repeal. 2. The secretary shall, within thirty days after the effective date of this article, notify the elective or appointive chief executive officer or, if there be none, the chairman of the legislative body of each local government and county of the provisions of this section. 3. The secretary shall, within ninety days after the effective date of this article, promulgate regulations establishing minimum standards for administration and enforcement of the state building construction code and the state building conservation and fire prevention code by local governments to which this section applies. 4. Within sixty days after the effective date of the regulations required by subdivision three of this section the elective or appointive chief executive officer of each local government to which this section applies shall report in writing to the executive or appointive chief executive officer or, if there be none, the chairman of the county legislative body of the county in which the local government is situated, the measures it has taken or contemplates taking for administration and enforcement of the state building construction code and the state building conservation and fire prevention code. 5. Within one hundred twenty days after the effective date of the regulations required by subdivision three of this section the elective or appointive chief executive officer or, if there be none, the chairman of the county legislative body shall forward to the secretary the reports of the local governments required by subdivision four of this section together with a report of the measures such county or local government has taken or contemplates taking for administration and enforcement of the state building construction code and the state building conservation and fire prevention code. 6. On and after the first day of March, nineteen hundred eighty-two, the provisions of subdivisions three, four and five of section three hundred eighty-one of this article shall immediately apply to the administration and enforcement of the state building construction code and the state building conservation and fire prevention code by every local government in which such codes have been made applicable pursuant to this section.
Notes of Decisions
Cited in 6
cases, 1998–2013 · leading case: Frooks v. Town of Cortlandt, 997 F. Supp. 438 (S.D.N.Y. 1998).
Frooks v. Town of Cortlandt, 997 F. Supp. 438 (S.D.N.Y. 1998). “In 1984, the Construction Code was superseded by the New York State Uniform Fire Prevention and Building Code, N.Y.Exec. Law § 373 et seq. (McKinney’s 1993) (the “Uniform Code” or the “Code”).”
Beneke v. Town of Santa Clara, 36 A.D.3d 1195 (N.Y. App. Div. 3d Dep't 2007). “With plaintiff admitting that the floating boathouse is a building which is subject to the State Uniform Fire Prevention and Building Code (see Executive Law § 372 [3]) and that the municipality is obligated to enforce that code — an assertion supported by DEC in support of its…”
Town of Carmel v. Melchner, 105 A.D.3d 82 (N.Y. App. Div. 2d Dep't 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…”
People v. Oceanside Institutional Indus., Inc., 15 Misc. 3d 22 (N.Y. App. Term. 2007). “The act further provided that said codes shall be applicable in every local government that had a building code in effect but which repealed said code prior to the effective date of the Uniform Code (see Executive Law § 373 [1]). Contrary to the opinion of the court below,…”
Morrison v. New York State Div. of Hous. & Cmty. Renewal, 241 A.D.2d 34 (N.Y. App. Div. 1st Dep't 1998). “To accomplish these goals, the State Uniform Code was made applicable as of March 1, 1982 in every local government that did not have an existing fire prevention and building code, and in those local governments that repealed their existing codes prior to January 1, 1984…”
Town of Carmel v. Melchner, 105 A.D.3d 82 (N.Y. App. Div. 2d Dep't 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…”
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