DOS-34-11-00007-P Annual Reports Relating to Administration and Enforcement of the Uniform Code

8/24/11 N.Y. St. Reg. DOS-34-11-00007-P

NEW YORK STATE REGISTER

VOLUME XXXIII, ISSUE 34

August 24, 2011

RULE MAKING ACTIVITIES

DEPARTMENT OF STATE

PROPOSED RULE MAKING

HEARING(S) SCHEDULED

 

I.D No. DOS-34-11-00007-P

Annual Reports Relating to Administration and Enforcement of the Uniform Code

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend section 1203.4 of Title 19 NYCRR.

Statutory authority:

Executive Law, section 381(1)

Subject:

Annual reports relating to administration and enforcement of the Uniform Code.

Purpose:

To eliminate requirement that cities, villages, towns, and counties annually submit a report to the Secretary of State.

Public hearing(s) will be held at:

10:00 a.m., Oct. 17, 2011 at Department of State, Conference Rm. 1135, One Commerce Plaza, 99 Washington Ave., Albany, NY.

Interpreter Service:

Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.

Accessibility:

All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.

Text of proposed rule:

1. Subdivision (a) of section 1203.4 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York is repealed.

2. Subdivision (b) of section 1203.4 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York is renumbered to be subdivision (a).

Text of proposed rule and any required statements and analyses may be obtained from:

Steven Rocklin, Department of State, Division of Code Enforcement and Administration, 99 Washington Ave., Albany, NY 12231, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Richard DiGiovanna, Department of State, Office of Counsel, 99 Washington Ave., Albany, NY 12231, [phone], email: [e-mail]

Public comment will be received until:

Five days after the last scheduled public hearing.

Consensus Rule Making Determination

Subdivision 11 of State Administrative Procedure Act § 102 provides that "consensus rule means a rule proposed by an agency for adoption on an expedited basis pursuant to the expectation that no person is likely to object to its adoption because it merely. . . makes technical changes or is otherwise non-controversial." The Department of State has concluded that this rule making is non-controversial and therefore no person is likely to object to its adoption. The proposed rule making would delete subdivision (a) of section 1203.4 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York. Currently, this subdivision provides that every city, village, town and county charged under subdivision 2 of section 381 of the Executive Law with the responsibility of administering and enforcing the Uniform Fire Prevention and Building Code shall annually submit to the Secretary of State a report of the individual municipality's activities relative to administration and enforcement of the code. Such annual report is on a form prescribed by the Secretary.

The subject of this rule making makes it highly unlikely that any one will object to its adoption. Rather than impose a requirement upon a regulated party, the deletion of subdivision (a) of section 1203.4 would eliminate the requirement to submit an annual report. The municipalities currently subject to such requirement are unlikely to oppose its elimination and therefore unlikely to object to adoption of this rule making. Should the Department of State determine that it has need of information previously collected by means of the annual report, such information may be obtained through direct contact with the particular municipality at issue.

Therefore, it is appropriate to characterize this rule making as a consensus rule. No one is likely to object to its adoption.

Job Impact Statement

The Department of State has concluded after reviewing the nature and purpose of the proposed rule that it will not have a substantial adverse impact on jobs and employment opportunities in New York. The proposed rule making would delete subdivision (a) of section 1203.4 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York. Currently, this subdivision provides that every city, village, town and county charged under subdivision 2 of section 381 of the Executive Law with the responsibility of administering and enforcing the Uniform Fire Prevention and Building Code shall annually submit to the Secretary of State a report of the activities of the individual municipality relative to administration and enforcement of the code. The Department has determined that elimination of the requirement to submit an annual report would yield a savings of approximately one working day for each local government code enforcement official resulting in a total savings statewide of 4000 working days. This equates to an approximate savings of $440,000 for municipalities across the state. Such savings can be used to fund other municipal programs and projects and possibly thereby create additional jobs and employment opportunities.

The Department finds that it is evident from the subject matter of the rule that it will have no adverse impact on jobs and employment opportunities.