Third Party Review Program for Modular Construction


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Third Party Review Application For Modular Construction

The State of New York is charged with the administration and enforcement of the Uniform Code for Factory Manufactured Buildings. Standard procedures require an application for a plan approval, a plan review performed by the Department of State (DOS), factory inspections by an approved quality assurance agency (third party), followed by the issuance of insignia of approvals by the DOS.
The third party review application program provides the opportunity for manufacturers to utilize third party review agencies in their applications for approval thereby limiting the scope and review time by DOS staff. Such applications generally receive a response in less than 2 weeks.
This program is optional. A manufacturer may continue to seek approvals under our standard procedures. The following describes two (2) methods by which modular building plans may be approved:

1. An application may be submitted for approval of a new individual model or system subject to a full review performed by the DOS. This is consistent with our current procedures and may take 3 to 4 weeks for an initial response.

2. A new individual model may be submitted to the DOS for approval following an application under the third party review program, subsequent to a review completed by an approved third party review agency. The DOS is committed to responding quickly to such applications usually within a 2 week period. Generally a review performed by the DOS under this program is limited to checking for compliance with established submission standards and code review forms identified above.

Program Features

1. Applications for approval in this program will be limited to individual models no more than 4-stories in height with a maximum total area of 12,000 square feet and may not be for a modification of an existing approval.
2. Qualifying manufacturers may not have had an unresolved code complaint over the last 12 months beyond a reasonable period or a time frame established by the Department of State at the time of the complaint. An unresolved complaint is one in which the manufacturer has not responded to a written request by the DOS identifying a complaint or has not demonstrated a willingness to work towards a code compliant resolution.
3. Qualifying manufacturer may not have had an application with more than 3 submissions with excessive code deviations or omissions leading toward an approval over the past 12 months.
4. The third party review agency and the design professional of record is responsible for ensuring that drawings are in compliance with all DOS established guidelines including the required coordination between the design of the modular structure and the design of the foundation.
5. The DOS has developed Modular Submissions Standards. Submitted documents are expected to meet or be equivalent to these standards.
6. The DOS has developed two (2) Submission Development Worksheets, one based on the Residential Code of New York State and one based on the Building Code of New York State. The third party review agency and the design professional is responsible for completing the appropriate Submission Development Worksheet.
7. DOS will strive to review and process applications seeking approval under the third party review program within a 2 week period from the date of receipt. DOS review will specifically be to determine compliance with all established DOS guidelines.
8. The DOS may conduct partial or complete oversight reviews as needed of any building before or after completion of a project to determine compliance with the codes. The manufacturer will be responsible to demonstrate compliance with the code to the satisfaction of the DOS. The manufacturer will also be responsible to correct any violation of the code that may be discovered after the building installation. Correction of deficiencies may require the manufacturer to employ the services of an independent design professional consultant to prescribe an appropriate action. The correction will be made to the satisfaction of the DOS.
9. The third party review agency shall stamp all construction documents with the following statement:
These documents have been reviewed by [name of agency] and determined to be in substantial compliance with the Building Code of New York State.
10. The design professional of record shall stamp all construction documents with the following statement:
To the best of my knowledge, belief, and professional judgement, these plans and specifications are in compliance with the [Residential Code of New York State] [Building Code of New York State].

Application Procedure

To apply for approval under this program, a manufacturer must submit the following:
1. The appropriate application form that demonstrates that the manufacturer, third party agency, and design professional of record qualify for the program.
2. Plans, specifications, calculations, and other documentation in accordance with the Modular Submission Standards.
3. Submission Development Worksheet based on the appropriate code, i.e., Building Code of New York State or Residential Code of New York State.