Executive Law Section 375
Powers of the council
1.To subpoena witnesses, take testimony, compel production of books and records and to hold public hearings. The secretary may designate one or more members of the council, or one or more officers or employees of the department, or the administrator, on request of the secretary, may designate one or more employees of the office, to hold public hearings and report on such hearings to the council.
2.To study the operation of the uniform fire prevention and building code, the state energy conservation construction code established by article eleven of the energy law, local regulations and other laws relating to the construction of buildings and the protection of buildings from fire to ascertain their effects upon the cost of building construction and the effectiveness of their provisions for health, safety and security, particularly as such provisions relate to the protection of life and property from the dangers of fire.
3.To recommend tests and approvals or to require the testing and approval of materials, devices and methods of construction to ascertain their acceptability under the requirements of the uniform fire prevention and building code.
4.To advise and assist the secretary in carrying out the provisions and purposes of this article and to make recommendations concerning the program and activities of the office and appointments to be made by the secretary in connection with the uniform fire prevention and building code.
5.To make and establish and, from time to time, alter and amend rules for the organization and internal management of the council, and for such other purposes as may be necessary, desirable or proper in carrying out its powers and duties under this article.
6.To avoid duplication of effort and in the interest of economy, the council may make use of existing studies, surveys, plans, data and other materials in the possession of any state agency. Each such agency is hereby authorized and directed to make the same available to the council and otherwise to assist it in the performance of its functions. The officers and personnel of such agencies may serve at the request of the council upon such advisory committees as the council shall determine to create and such officers and personnel may serve upon such committees without forfeiture of office or employment and with no loss or diminution in the compensation, status, rights and privileges which they otherwise enjoy.
7.To review and approve standards established by rules and regulations promulgated by the commissioner of health for the implementation of item (ii) of clause (a) of General Business Law § 322-C (Gas space heating appliances to be equipped with back draft diverters and automatic shutoff devices)section three hundred twenty-two-c of the general business law.
8.To examine, evaluate, and make recommendations concerning the standardization of the uniform code and local building codes and permit processes for the purpose of facilitating and encouraging the installation and operation of solar and wind energy generating systems throughout the state. For this purpose, the council is authorized to hold public hearings and consult with the solar and wind energy generating industry throughout the state. Any recommendations formulated pursuant to this subdivision shall be submitted to the governor, the secretary of state, the temporary president of the senate and the speaker of the assembly along with such legislative proposals as the council deems necessary to implement its recommendations.
9.To examine, evaluate, and make recommendations concerning the standardization of the uniform code and local building codes and permit processes for the purpose of protection against the effects of sea level rise, flooding, saltwater corrosion, coastal or riparian erosion, storms, and other degradation that may arise out of characteristics of the coastal environment or structures located wholly or partially in a Federal Emergency Management Agency (“FEMA”) designated (i) Special Flood Hazard Area according to FEMA’s current flood insurance rate maps, or
(ii)a Moderate Risk Flood Hazard Area according to FEMA’s current flood insurance rate maps. For this purpose, the council is authorized to hold public hearings and consult with relevant stakeholders throughout the state. Any recommendations formulated pursuant to this subdivision shall be submitted to the governor, the secretary of state, the temporary president of the senate and the speaker of the assembly along with such legislative proposals as the council deems necessary to implement its recommendations.
Section 375 — Powers of the council,
https://www.nysenate.gov/legislation/laws/EXC/375 (updated Jan. 6, 2023; accessed Dec. 9, 2023).