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Direct Enforcement

In general, local governments are charged with the administration and enforcement of the Uniform Code. However, a local government has the option to decline that responsibility by adopting a local law to that effect, in which event the responsibility passes to the respective county. Counties are accorded a similar option. If a county exercises this option, administration and enforcement of the Uniform Code is passed to the Secretary of State. Similarly, a local government who has previously declined the responsibility may choose to adopt a local law, reversing that decision and opt back into administrating and enforcing the code.

For those counties and their respective local governments who have adopted local laws declining the responsibility, the responsibility has been assigned to the Division of Building Standards and Codes (DBSC) to perform direct enforcement of the Uniform Code. This means the DBSC is the authority having jurisdiction over the Uniform Code in all buildings and structures, existing and proposed, within the custody of those municipalities. The Department’s responsibilities are established in 19 NYCRR Part 1202.

The DBSC is currently responsible for administering and enforcing the Uniform Code and the Energy Code for thirteen county governments. These include Saratoga, Clinton, Hamilton, St. Lawrence, Greene, Schoharie, Herkimer, Madison, Oneida, Allegany, Cattaraugus and Chautauqua counties.