NYCL AGO 95-15.

• Case Date: March 03, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-15. March 3, 1995Informal Opinion No. 95-15Stephen L. Oppenheim, Esq. County Attorney County of Sullivan P. O. Box 5012 Monticello, NY 12701EXECUTIVE LAW § 381; 19 NYCRR §§ 441.2, 441.3.The county may not "opt out" of code enforcement with respect to IDA property. The county may "opt out" of enforcement with respect to all county property or may make agreements with local governments allocating enforcement responsibility.Dear Mr. Oppenheim: You have asked whether the county is responsible for enforcing the New York State Uniform Fire Prevention and Building Code with respect to property of the county industrial development agency (hereafter "IDA"). Code enforcement is governed by Executive Law § 381, which provides in part:

2. Except as may be provided in regulations of the secretary pursuant to subdivision one of this section, every local government shall administer and enforce the uniform fire prevention and building code on and after the first day of January, nineteen hundred eighty-four, provided, however, that a local government may enact a local law prior to the first day of July in any year providing that it will not enforce the uniform code on and after the first day of January next succeeding. In such event the county in which said local government is situated shall administer and enforce the uniform code within such local government from and after the first day of January next succeeding the effective date of such local law, in accordance with the provisions of paragraph b of subdivision five of this section unless the county shall have enacted a local law providing that it will not enforce the uniform code within that county. In such event the secretary in the place and stead of the local government shall, directly or by contract, administer and enforce the uniform code. A local government or a county may repeal a local law which provides that it will not enforce the uniform code and shall thereafter administer and enforce the uniform code as provided above. Local governments may provide for joint administration and enforcement by agreement pursuant to article five-G of the general municipal law. Any local government may enter into agreement with the county in which such local government is situated to administer and enforce the

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