N.Y. Laws » CHAPTER Executive / ARTICLE New York State Uniform Fire Prevention and Building Code Act
New York Consolidated Laws

N.Y. Executive Law § 377 (2026)

New York state uniform fire prevention and building code

✓ current as of May 2026
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§ 377. New York state uniform fire prevention and building code. 1.
The council shall formulate a uniform fire prevention and building code
which shall take effect on the first day of January, nineteen hundred
eighty-four. The council may from time to time amend particular
provisions of the uniform code and shall periodically review the entire
code to assure that it effectuates the purposes of this article and the
specific objectives and standards hereinafter set forth. The secretary
shall conduct public hearings on said uniform code and any amendment
thereto. The secretary shall review such code or amendment, together
with any changes incorporated by the council as a result of such
hearings, to insure that it effectuates the purposes of this article.
Upon being so satisfied, the secretary shall approve said code or
amendment prior to its becoming effective.
  2. The uniform fire prevention and building code shall:
  a. provide reasonably uniform standards and requirements for
construction and construction materials for public and private
buildings, including factory manufactured homes, consonant with accepted
standards of engineering and fire prevention practices;
  b. formulate such standards and requirements, so far as may be
practicable, in terms of performance objectives, so as to make adequate
performance for the use intended the test of acceptability;
  c. permit to the fullest extent feasible, use of modern technical
methods, devices and improvements which tend to reduce the cost of
construction without substantially affecting reasonable requirements for
the health, safety and security of the occupants or users of buildings;
  d. encourage, so far as may be practicable, the standardization of
construction practices, methods, equipment, material and techniques; and
  e. eliminate restrictive, obsolete, conflicting and unnecessary
building regulations and requirements which tend to increase
unnecessarily construction costs or retard unnecessarily the use of new
materials, or provide unwarranted preferential treatment to types or
classes of material or products or methods of construction.
Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1990–2025 · leading case: New York Propane Gas Ass'n v. New York State Dep't, 17 A.D.3d 915 (N.Y. App. Div. 2005).
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New York Propane Gas Ass'n v. New York State Dep't, 17 A.D.3d 915 (N.Y. App. Div. 2005). · cites it 2× “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).”
Scala v. Scala, 31 A.D.3d 423 (N.Y. App. Div. 2006). “This proof, coupled with a review of legislation implementing the New York State Uniform Fire Prevention and Building Code (hereinafter the Code) and various provisions of the Code, show that the requirement set forth in section R 315.”
Ophardt v. Vasquez, 74 A.D.3d 1742 (N.Y. App. Div. 2010). “; see Executive Law § 377). Supreme Court granted declaratory relief in favor of respondents and transferred the “[ajrticle 78 claims” to this Court pursuant to CPLR 7804 (g).”
Wagner v. Kenific, 161 A.D.2d 1092 (N.Y. App. Div. 1990). “2 [a]), the purpose of the tests was to ensure that the system adequately performs for the use intended (see, Executive Law § 377 [2] [b]). Part 907 specifically includes testing for defects, as well as leaks (see, 9 NYCRR 907.”
People v. Plateau Assocs. LLC, 38 Misc. 3d 770 (2012). · cites it 2× “(Executive Law § 377 [2] [a].) In authorizing the Uniform Code, the state legislature declared, in part, that it is the public policy of this state to “[pjrovide for the promulgation of a uniform code addressing building construction and fire prevention in order to provide a…”
Town of Aurora v. Tarquini, 158 A.D.2d 905 (N.Y. App. Div. 1990). · cites it 4× “The act authorizes the Council, following such study, to "formulate a uniform fire prevention and building code” to effectuate "the purposes of this article and the specific objectives and standards hereinafter set forth” (Executive Law § 377 [1]). To that end, the Council is…”
Mulhern Gas Co., Inc. v. Mosley (N.D.N.Y. 2024). · cites it 3× “Moreover, as will be discussed below, although the Legislature directed that the relevant amendments be integrated into the Codes, relevant statutory authority indicates that any amendments to the Code can become effective only upon the approval of the Secretary, a fact which…”
McNeil v. Van Houten (N.D.N.Y. 2025). · cites it 3× “*7 Moreover, N.Y. Exec. L. § 377 states as follows: The council may from time to time amend particular provisions of the uniform code and shall periodically review the entire code to ensure that it effectuates the purposes of this article and the specific objectives and…”
Kowalski v. Johnson, 247 A.D.2d 514 (N.Y. App. Div. 1998). “Accordingly, the court’s denial of their request to charge the jury on these statutory sections was not error.”
Richer v. JQ II Assoc., LLC, 2018 NY Slip Op 7474 (N.Y. App. Div. 2018). “The Supreme Court should have granted the plaintiffs' cross motion for leave to amend their bill of particulars to assert violations of certain provisions of the New York State Property Maintenance Code ( see Executive Law § 377; 19 NYCRR 1226.1). "In the absence of prejudice or…”
Herkimer Cnty. Indus. Dev. Agency v. Vill. of Herkimer, 2019 NY Slip Op 6237 (N.Y. App. Div. 2019). “; see Executive Law § 377). After HCIDA failed to comply, respondent John Spanfelner, as Codes Officer for the Village, issued an appearance ticket charging HCIDA criminally for violations of the Building Code.”
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