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NYS Uniform Code and Energy Code Update
On March 9, 2016, the State Fire Prevention and Building Code Council completed major updates to the Uniform Fire Prevention and Building Code (Uniform Code) and State Energy Conservation Construction Code (Energy Code). The Uniform Code update incorporates the following documents by reference:
The Energy Code incorporates the following documents by reference:
A Notice of Adoption for the Uniform Code and Energy Code update will be published in the April 6, 2016 edition of the State Register, establishing the following implementation schedule:
Uniform Code Transition Period – beginning on April 6th, regulated parties submitting a complete building permit application may comply with either the current Uniform Code or newly adopted Uniform Code as described above. The transition period will last from April 6, 2016 until October 3, 2016. On October 3rd, the newly adopted Uniform Code will become fully effective.
Energy Code Effective Date – On October 3, 2016, the newly adopted Energy Code as described above will become formally effective. There is no transition period for the Energy Code.
Local municipalities that submit their annual Code Enforcement and Administration report to the Division of Building Standards and Codes will receive copies of the newly adopted Uniform Code and Energy Code books.
In addition to code books, municipalities will receive a one year electronic subscription to the newly adopted codes and a one year Governmental Membership to the International Code Council.
Copies of the 2015 International Codes and many other incorporated standards can be purchased from the International Code Council at www.iccsafe.org, or call (888) 422-7233. The 2016 Uniform Code and Energy Code Supplements can be downloaded from our website (www.dos.ny.gov/DCEA).
The Department of State has adopted a rule that amends the Uniform Code by adding provisions applicable to carbon monoxide alarms in commercial buildings. The rule text in is available by clicking here.
Permanent Effective Date: December 9, 2015
** NEW** Transition Period for Existing Commercial Buildings: June 27, 2015 to June 27, 2016
The “transition period” provides that owners of existing commercial buildings are encouraged to install carbon monoxide detection as quickly as practicable; provides that the owner of an existing commercial building shall not be deemed to be in violation of section 1228.4 if the owner provides the authority having jurisdiction with a written statement certifying that such owner is attempting in good faith to install carbon monoxide detection that complies with the requirements of this section 1228.4 in such owner’s existing commercial building as quickly as practicable; and provides that carbon monoxide detection that satisfies the requirements of section 1228.4 must be installed and must be fully operational in all existing commercial buildings by the end of the transition period.
Compliance Date: June 27, 2016
Chapter 541 of the Laws of 2014
Recently, Governor Cuomo signed a bill that amends the Executive Law to require that the Uniform Fire Prevention and Building Code address standards for the installation of carbon monoxide detecting devices and requiring that every commercial building and restaurant that has appliances, devices or systems that may emit carbon monoxide or an attached garage be equipped with carbon monoxide detecting devices of such manufacture, design and installation standards as are established by the State Fire Prevention and Building Code Council.
State Fire Prevention and Building Code Council
The Department of State and the State Fire Prevention and Building Code Council (Code Council) have developed a rule that will add provisions applicable to carbon monoxide detecting devices to the Uniform Fire Prevention and Building Code (Uniform Code). The rule will apply to all new and existing commercial buildings and restaurants that have appliances, devices or systems that may emit carbon monoxide, or that have an attached garage. These new provisions will be contained in a new Section 1228.4 to be added to 19 NYCRR Part 1228.
Uniform Fire Prevention and Building Code
The Department of State adopted a rule that adds provisions applicable to carbon monoxide detecting devices to the Uniform Fire Prevention and Building Code (Uniform Code). The rule applies to all new and existing commercial buildings and restaurants that have appliances, devices or systems that may emit carbon monoxide, or that have an attached garage. These new provisions are contained in a new Section 1228.4 added to 19 NYCRR Part 1228.
Effective January 12, 2015
19 NYCRR 1203.5: Time Fixed for Compliance with Orders to Remedy
Issued January 12, 2015
On Monday January 12, 2015, the New York Department of State adopted a regulation that fixes the time within which a person served with an Order to Remedy violation(s) of the Uniform Fire Prevention and Building Code (Uniform Code) must comply with that Order. Specifically, the regulation provides that an Order to Remedy a condition in violation of the Uniform Code must state that full compliance with the Order is required within 30 days after the date of the Order.
The regulation was added as a new section 1203.5 to 19 NYCRR Part 1203. Part 1203 establishes minimum standards for administration and enforcement of the Uniform Code. All cities, towns, villages, counties, and State agencies that are responsible for the administration and enforcement of the Uniform Code are required to comply with Part 1203, including the newly added section 1203.5.
Adoption of this regulation as an emergency rule makes it effective immediately upon filing.
The Department of State has adopted a rule that amends the Uniform Code by adding provisions applicable to “sparkling devices.” The rule text in is available by clicking here.
Chapter 477 of the Laws of 2014
Recently, Governor Cuomo signed a bill that amends the Penal Law definition of fireworks to include several categories of devices, including “sparkling devices,” and authorizes any city (except the City of New York) or county (except those within the City of New York) to adopt a local law legalizing sparkling devices in such City or County.
Under the new provision of the Penal Law, Cities or Counties wishing to be covered by this legislation must affirmatively enact a local law to legalize the possession, manufacture, storage, handling, sale and use of “sparkling devices” within their jurisdiction.
Uniform Fire Prevention and Building Code
The Department of State adopted a rule that adds provisions applicable to “sparkling devices” to the Uniform Fire Prevention and Building Code (Uniform Code). The rule applies to buildings where sparkling devices are manufactured, stored, sold or used; and will establish provisions to reduce the risk of fire in buildings resulting from the manufacture, storage, sale or use of sparkling devices. These new provisions are based on provisions found in the 2015 International Fire Code and will be contained in a new Section 1228.3 to be added to 19 NYCRR Part 1228.
A rule in is available by clicking here.
The rule establishes levels of certification (Building Safety Inspector Certification and Code Enforcement Official Certification), prescribes the functions that can be performed by persons holding each level of certification, and establish the training requirements for each level of certification. This rule clarifies when a Building Safety Inspector Certification or a Code Enforcement Official Certification will be classified as inactive, and this rule specifies what a person whose certification has been classified as inactive must do to have his or her certification restored to “active” status.
Full Text of Rule (PDF format)
Executive Law § 382-b, as added by Chapter 353 of the Laws of 2014, provides that any person utilizing truss type, pre-engineered wood or timber construction for the erection of any new residential structure, for any addition to an existing residential structure, or for any rehabilitation of an existing residential structure must (1) notify the local government that will issue the building permit that truss type, pre-engineered wood or timber construction is being utilized and (2) affix a sign or symbol to the electric box, if any, on the exterior of the structure indicating that truss type, pre-engineered wood or timber construction has been used.
A new Part 1265 to Title 19 of the New York Codes, Rules and Regulations (NYCRR) has been adopted. The new Part 1265 prescribes (1) the form to be used to notify code enforcement officials that truss type, pre-engineered wood or timber construction is to be used in a residential structure; (2) the sign or symbol to be affixed to the exterior of a residential structure that has been constructed, added to or rehabilitated using truss type, pre-engineered wood or timber construction.
New Executive Law § 382-b does not apply, and this rule will not apply, in New York City.
Code Enforcement Officials should not issue a Certificate of Occupancy for a residential building that contains truss-type construction, pre-engineered wood construction or timber construction unless:
Code Enforcement Officials may want to notify people who received a permit prior to January 1, 2015 but did not receive a Certificate of Occupancy prior to January 1, 2015, so that those people can file the required notice and affix the required sign before the final inspection.