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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.
NOTE: This rule was adopted as an emergency rule on December 30, 2014, and is currently in effect. A public hearing on the proposal to adopt this rule on a permanent basis will be held at 10:00 am on March 2, 2015 at 99 Washington Avenue, Albany, NY in Room 505.
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.