This chapter shall be known as the "Uniform Fire Prevention and Building Code Administration and Enforcement Law," to be hereinafter referred to as and shall be cited as the "Code Enforcement Law."
A.
This chapter is adopted pursuant to Article IX of the New York State Constitution and § 10 of the Municipal Home Rule Law. The purpose of this chapter is to provide for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code and the New York State Energy Conservation Construction Code, to be hereinafter referred to as the "Uniform Code," under the authority of the New York State Executive Law § 381, Subdivision (2), and 19 NYCRR Chapter XXXII, Part 1203 and Part 1240. Furthermore, it is the purpose of this chapter to provide for the administration and enforcement of laws and regulations as referenced by other chapters of this Code.
B.
Notwithstanding any other provision of law, any enforcement action undertaken pursuant to the Uniform Code shall be subject to the following:
(1)
Federal preemption determination. If any provision of the Uniform Code is determined, or reasonably anticipated to be determined, to be preempted, in whole or in part, by federal law under the Supremacy Clause of the United States Constitution, the enforcing agency or authority shall have the discretion to refrain from enforcing or to modify enforcement of such provision to the extent necessary to avoid conflict with federal law.
(2)
Pending court action on preemption. If a lawsuit or other legal action challenging the validity of any provision of the Uniform Code on the grounds of federal preemption is pending before any federal or state court, the enforcing agency or authority may suspend or limit enforcement of the challenged provision until such time as the court action is resolved.
(a)
Temporary enforcement stay. During the pendency of the court action, the agency or authority may, at its discretion, temporarily stay the enforcement of the provision in question to avoid potential legal liabilities or conflicts with federal law.
(b)
Judicial guidance. The agency or authority shall review any preliminary injunctions, court orders, or legal opinions issued during the court proceedings that impact enforcement and take appropriate actions in response.
(3)
Consultation. Prior to exercising discretion under this provision, the enforcing agency or authority may consult with legal counsel to determine the scope and applicability of federal preemption, and any pending or resolved court action that may influence enforcement decisions.
(4)
Severability. The exercise of enforcement discretion under this section shall not affect the validity or enforceability of other provisions within the Uniform Code that are not subject to federal preemption or pending legal action.
Except as otherwise provided within this chapter, or within the Uniform Code, all premises, regardless of use, are subject to the provisions of this chapter.
Where the provisions of this chapter conflict with or impose a different requirement than any other provisions of local laws, ordinances or any rule or regulation adopted by the City of Corning or amendments made thereof, the provision which establishes the stricter standard or requirement shall govern.