Current through Register Vol. 46, No. 12, March 20, 2024
(a) A city, village, town or county will be
accountable for administration and enforcement of the Uniform Code with respect
to buildings, premises and equipment in the custody of, or activities related
thereto undertaken by, the respective city, village, town or county.
(b) A city, village, town or county shall be
accountable for administration and enforcement of the Uniform Code with respect
to buildings, premises and equipment in the custody of, or activities related
thereto undertaken by, any special purpose unit of local government created by
or for the benefit of the respective city, village, town or county.
(c) A county or a city which participates in
a regional off-track betting corporation established pursuant to article V of
the Racing, Pari-Mutuel Wagering and Breeding Law shall be accountable for
administration and enforcement of the Uniform Code with respect to buildings,
premises and equipment in the custody of, or activities related thereto
undertaken by, such corporation, whenever such buildings, premises, equipment
or activities are located or occur within the boundaries of the respective
county or city.
(d)
(1) The State shall be accountable for
administration and enforcement of the Uniform Code with respect to buildings,
premises and equipment in the custody of, or activities related thereto
undertaken by, a State department, bureau, commission, board or
authority.
(2) Without limiting the
generality of the provisions of paragraph (1) of this subdivision, the State
shall be accountable for administration and enforcement of the Uniform Code
with respect to all statewide wireless network facilities (as the term is
defined in section
1204.3[j]
of this Title) and all activities related thereto undertaken by the Office for
Technology; provided, however, that nothing in this paragraph shall be
construed as subjecting to the provisions of the Uniform Code any statewide
wireless network facility that would not otherwise be subject to the provisions
of the Uniform Code.
(3) In the
case of a statewide wireless network facility (as that term is defined in
section
1204.3[j]
of this Title) which is constructed or installed on or in a statewide wireless
network supporting building (as that term is defined in section
1204.3[k]
of this Title);
(i) the State shall be
accountable for administration and enforcement of the Uniform Code with respect
to such statewide wireless network facility and all activities related thereto
undertaken by the Office for Technology, but the State shall not be accountable
for administration and enforcement of the Uniform Code with respect to such
statewide wireless network supporting building;
(ii) the governmental entity that would have
been accountable for administration and enforcement of the Uniform Code with
respect to such statewide wireless network supporting building if such
statewide wireless network facility had not been constructed or installed
thereon or therein shall remain accountable for administration and enforcement
of the Uniform Code with respect to such statewide wireless network supporting
building, but such governmental entity shall not be responsible for
administration and enforcement of the Uniform Code with respect to such
statewide wireless network facility; and
(iii) the State and such governmental entity
shall consult with each other and fully cooperate with each other in connection
with the performance of their respective administrative and enforcement
obligations, and in particular, but not by way of limitation, the State shall
make all records in its possession pertaining to such statewide wireless
network facility available to such governmental entity upon request by such
governmental entity, and such governmental entity shall make all records in its
possession pertaining to such statewide wireless network supporting building
available to the State upon request by the State. Nothing in this paragraph
shall require the State to make available any record which, if disclosed, would
jeopardize the capacity of the State, the Office for Technology, or any other
State agency (as that term is defined in section
1204.3[h]
of this Title) to guarantee the security of its information technology assets,
such assets encompassing both electronic information systems and
infrastructures, or if access to such record could otherwise be denied under
section
87 of the Public Officers Law.
(e) The State Education
Department shall be accountable for administration and enforcement of the
Uniform Code with respect to buildings, premises and equipment in the custody
of, or activities related thereto undertaken by, school districts and boards of
cooperative educational services.
(f) To the maximum extent practicable, a
governmental entity acting under this section shall consult with those other
governmental entities providing services, under authority of other laws, to
those areas where the authority conferred by this section is
exercised.
(g) The Secretary of
State may examine records of a government related to the administration and
enforcement of the Uniform Code under this section. It shall be the duty of
such government to make those records available to the Secretary upon
request.