N.Y. Comp. Codes R. & Regs. tit. 19 § 1204.13

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1204.13 - Agency relationships

(a) No construction-permitting agency shall delegate or transfer its authority to issue construction permits, code compliance certificates, or temporary approvals for occupancy to another State agency or to another party.

(b) Except as prohibited in subdivision (a) of this section, State agencies may arrange for the performance of required code related activities through agreements with other State agencies or other parties. Such agreement, however, shall not exempt a State agency from the obligation to appoint a code coordinator, to prepare an annual report pursuant to section 1204.14 of this Title and to comply with provisions of the Uniform Code.

(c) When more than one construction-permitting agency is involved in a particular construction project, such agencies may agree among themselves as to which agency shall act as the construction-permitting agency for the project. In the event of a dispute as to which agency shall act as construction-permitting agency, a decision shall be made based upon the following order of preference:

(1) the design agency;

(2) the construction agency; or

(3) the agency owning or with custody of the particular building or structure.

If the agencies involved are unable to agree, the Department of State shall be the final arbiter in determining which agency shall act as construction-permitting agency.

(d) When no construction-permitting agency is designing or constructing a specific project, the Office of General Services shall act as the construction-permitting agency for the project. Except for the Office of General Services, designation as a construction-permitting agency does not obligate a State agency to undertake construction-permitting responsibilities for any project for which the agency has no design or construction role.

(e) When an agency occupies a building or a portion thereof which is owned by or in the custody of another State agency, the agency occupying the space must notify the agency with custody or ownership of any physical changes to the building which are proposed or which are needed to achieve compliance with applicable provisions of the Uniform Code.

(f) In response to allegations of code violations or for other good cause, the Department of State, after notice to the agency or agencies involved, may inspect any building or construction activity in the custody of a State agency.

(g) In the event of a dispute arising between State agencies concerning the application of this Part, the Department of State, at the request of any party and after consultation with all the parties, may make a ruling binding on all parties.

(h) To the maximum extent practicable, a State agency acting pursuant to this Part shall consult with any other governmental entities providing services, under authority of other laws, to those areas where the authority conferred by this Part is exercised.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1204.13