Notice of Rule in Development


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Notice of Rule in Development

The Department of State is currently developing a rule that would amend Uniform Code by adding provisions that would allow a building to be used on a temporary basis for a use not consistent with the building’s existing occupancy classification, provided that the building satisfies certain safety-related requirements.

The Department of State invites public participation in the rule development process.

If adopted, the rule would amend the Uniform Code by adding a new section 1228.3 to 19 NYCRR. The new section 1228.3 would allow a building to be used on a temporary basis for a use not consistent with the building’s existing occupancy classification, provided that the building satisfies certain safety-related requirements. The owner of a building would be required to apply to the Authority Having Jurisdiction for a Temporary Alternative Use Permit authorizing the alternative use. Only buildings with certain existing occupancy classifications will be eligible for a Temporary Alternative Use Permit, and only certain temporary uses will be allowed. The duration of the Temporary Alternative Use Permit would be limited to 60 days in a 12 month period. However, the alternative use of a building (or portion of a building) not exceeding 400 square feet for a mercantile use will be allowed to exceed 60 days in a 12 month period if the longer duration is approved by the local code enforcement official. If the proposed alternative use will have an occupant load of 50 or more, a written fire safety plan will be required.

The Uniform Code currently contains no provisions allowing a building to be used on a temporary basis for a use not consistent with the building’s existing occupancy classification. As a result, the owner of a building who wants to use the building for an alternative use is forced to choose between bringing the building into compliance with all Uniform Code requirements applicable to the alternative use, or not conducting the alternative use. DOS believes that there are instances where a building owner elects to conduct the alternative use without bringing the building into compliance with the code requirements applicable to the alternative use and without notice to, or input from, the local code enforcement official. New section 1228.3 will provide a means to allow an alternative use without bringing the building into compliance with all code requirements applicable to the alternative use, provided that the building satisfies the safety-related requirements specified in new section 1228.3.

The rule is being developed in response to maple producers who wanted to open their maple syrup facilities to the public to conduct tours, sell products and hold events such as pancake breakfasts as a way to promote their businesses. However, the draft rule would not be limited to maple syrup facilities. The draft rule will allow a wide variety of buildings to be used for a wide variety of temporary uses.

A draft rule is available by clicking here.

The Department of State invites all interested parties, particularly those representing small businesses, local governments, and public or private interests in rural areas, to participate in the rule development process. Interested parties are invited to submit comments on the draft rule. If you have suggestions on how the draft rule could be improved, suggested alternatives to the draft rule that the Department of State could consider, or any other comments on the draft rule, please contact Mark Blanke, P.E., Assistant Director for Code Development, by mail at New York State Department of State Division of Administration and Enforcement, 99 Washington Ave., Albany, NY 12231-0001; by telephone at (518)-474-4073; or by e mail at mark.blanke@dos.ny.gov

NOTE: The draft rule has not yet been proposed or adopted, and the Uniform Code has not yet been amended to include the proposed section 1228.3.