Notice of Rule in Development


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Notice of Rule in Development

Truss type, pre-engineered wood or timber construction
in Residential Structures

 

The Department of State is currently developing a rule that would establish regulations relating to the use of truss type construction, pre-engineered wood construction, and timber construction in the construction of new residential structures and the addition to or rehabilitation of existing residential structures.

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

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. 

New Executive Law § 382-b also provides that (1) upon receipt of a notice indicating that truss type, pre-engineered wood or timber construction is to be used in a residential structure, the code enforcement official must notify the chief of the fire district, fire department or fire company having jurisdiction over the structure of that fact; (2) the chief of the fire district, fire department, or fire company having jurisdiction over the residential structure to be erected, added to, or modified, or his or her designee shall use the information so provided to warn persons conducting fire control and other emergency operations of the existence of truss type, pre-engineered wood or timber construction in the structure; (3) the local building department or local code enforcement official must consult with the county fire coordinator, local 911 and emergency dispatchers, and the local fire protection provider or entity deemed pertinent to determine the manner sufficient to warn persons conducting fire control and other emergency operations of the existence of truss type, pre-engineered wood or timber construction in the structure; and (4) local governments shall provide by local law or resolution for the enforcement of the provisions of new Executive Law § 382-b, if necessary.

New Executive Law § 382-b also provides that the form to be used to notify the local code official that truss type, pre-engineered wood or timber construction is to be used shall be prescribed by the State Fire Prevention and Building Code Council (the Code Council); that the sign or symbol to be fixed to the structure shall be as approved by the Code Council; and that the Code Council shall promulgate rules and regulations it deems necessary to carry into effect the provisions of new Executive Law § 382-b. 

The Department of State is developing a rule that would add a new Part 1265 to Title 19 of the New York Codes, Rules and Regulations (NYCRR).  New Part 1265 would (1) prescribe 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) prescribe 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; and (3) otherwise implement new Executive Law § 382-b.

New Executive Law § 382-b does not apply, and this rule will not apply, in New York City.

A draft of the rule in development 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:  As of November 7, 2014, this draft rule has not yet been proposed or adopted and new Part 1265 has not yet been added to the NYCRR.