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NOTICE OF RULE IN DEVELOPMENT
Condition Assessments of Parking Structures
(19 NYCRR Section 1203.3)

A rule currently in development would amend Section 1203.3 of Title 19 of the New York Codes, Rules and Regulations.  The Department of State invites public participation in the rule development process.

Background

Executive Law § 381(1) authorizes the Department of State to promulgate regulations establishing minimum standards for administration and enforcement of the Uniform Code.  

Executive Law § 381(2) provides that local governments (cities, towns, and villages and, under some circumstances, counties) are required to administer and enforce the New York State Uniform Fire Prevention and Building Code (the Uniform Code). 

19 NYCRR Part 1203 contains the “minimum standards” established by the Department of State pursuant to Executive Law § 381(1).  Part 1203 requires each local government that administers and enforces the Uniform Code and Energy Code to establish a code enforcement program and to include certain features within that program.  The required features include provisions requiring building permits, provisions requiring permit applications to include certain information, provisions requiring construction inspections at various stages of construction, and provisions establishing and maintaining a system for keeping records relating to the local government’s code enforcement activities.

While there is an existing requirement for provisions for fire safety and property maintenance inspections currently in Part 1203, these inspections do not rise to the level of ensuring the ongoing structural integrity of a parking structure.  The condition assessments required by this proposed rule address specific concerns and seek to avoid catastrophic collapse associated with the structural failures that would be uncovered during a condition assessment of a parking structure.

Proposed Amendments to Part 1203

The rule now under development would amend Section 1203.3 to provide that local governments’ code enforcement programs must include provisions requiring condition assessments of parking structures.  The term condition assessment means an on-site inspection and evaluation of a parking structure for evidence of deterioration of any structural element or building component of such parking structure, evidence of the existence of any unsafe condition in such parking structure, and evidence indicating that such parking structure is an unsafe structure.  Initial condition assessments of parking structures shall be conducted no later than three (3) years after the date of completion of the original construction of the parking structure or one hundred eighty (180) days after the effective date of the rule adding this provision to 19 NYCRR section 1203.3, whichever is later.  Thereafter, periodic condition assessments shall be conducted at intervals fixed by the authority having jurisdiction within its code enforcement program but in no event to exceed three (3) years.  Additional condition assessments could be required before the date of the next periodic condition assessment if any condition assessment report for a parking structure includes a recommendation by the responsible professional engineer that an additional condition assessment be performed or if the authority having jurisdiction becomes aware of any new or increased deterioration which, in the judgment of the authority having jurisdiction, indicates that an additional condition assessment of the entire parking structure, or of the portion of the parking structure affected by such new or increased deterioration, should be performed.  All condition assessments shall be conducted by or under the direct supervision of a licensed professional engineer who has qualifications deemed by the Authority Having Jurisdiction to be appropriate for the purposes of performing condition assessments of parking structures.  

The rule now under development would also amend Section 1203.3(g) to provide that local governments’ code enforcement programs must require operating permits for using parking structures.

A draft of the full Text of the rule now under development is available here.

Invitation to Participate in Rule Development Process

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 Gerard Hathaway, Assistant Director for Code Development, Division of Building Standards & Codes, 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 Dos.sm.codes.codedevelopment@dos.ny.gov.

If submitting comments by email, please click here or type Parking Structures: in the subject line.

Dated: September 18, 2017

NOTE:           The draft rule has not yet been adopted, and Part 1203 has not yet been amended in the manner described above.


Notices of Adoption
Rules amending the Uniform Code and Energy Code
EFFECTIVE October 31, 2017

On July 13, 2017, the State Fire Prevention and Building Code Council (the “Code Council”) adopted rules that amend the New York State Uniform Fire Prevention and Building Code (the “Uniform Code”) and the State Energy Conservation Construction Code (the “Energy Code”). 

The Department of State, acting on behalf of the Code Council, has filed Notices of Adoption of these rules.  The Notices of Adoption will appear in the August 2, 2017 edition of the State Register.  On and after August 2, 2017, the Notices of Adoption can be viewed by clicking the “August 2” link at: http://www.dos.ny.gov/info/register/2017.html

The rules will become effective on October 31, 2017.

Uniform Code
The rule adopted by the Code Council on July 13, 2017 makes several changes to the Uniform Code (19 NYCRR Parts 1219 to 1228).  These changes will be made by replacing the 2016 Uniform Code Supplement with a new publication entitled the 2017 Uniform Code Supplement (publication date: July 2017).

Prior to October 31, 2017, the Uniform Code will continue to include the 2015 I-Codes, as amended by the 2016 Uniform Code Supplement.  On and after October 31, 2017, the Uniform Code will include the 2015 I-Codes, as amended by the 2017 Uniform Code Supplement 1

Effective Date:  The effective date of the 2017 Uniform Code Supplement will be October 31, 2017.  There will be no transition period.  Beginning on October 31, 2017, regulated parties submitting building permit applications must comply with the 2015 I-Codes, as amended by the 2017 Uniform Code Supplement.

Click here to obtain the full text of the rule that amends the Uniform Code.

Click here to obtain the 2017 Uniform Code Supplement.

Energy Code
The rule adopted by the Code Council on July 13, 2017 makes no significant changes to the Energy Code (19 NYCRR Part 1240).  However, the publication entitled “2016 Supplement to the New York State Energy Conservation Construction Code (Revised August 2016)”(the “2016 Energy Code Supplement”) includes several references to the 2016 Uniform Code Supplement.  Because the rule that amends the Uniform Code will replace the 2016 Uniform Code Supplement with the 2017 Uniform Code Supplement effective October 31, 2017, it was necessary to adopt a rule that provides that, effective October 31, 2017, all references in the 2016 Energy Code Supplement to the 2016 Uniform Code Supplement will be deemed to be references to the 2017 Uniform Code Supplement.  The rule adopted by the Code Council on July 13, 2017 does that.

It is important to note that the rule adopted by the Code Council does not replace the 2016 Energy Code Supplement with a new publication.  The 2016 Energy Code Supplement will continue in full force in effect.  However, each Authority Having Jurisdiction and each regulated party should know that, on and after October 31, 2017, each reference in the 2016 Energy Code Supplement to the “2016 Uniform Code Supplement” must be read as if it were a reference to the “2017 Uniform Code Supplement.”

Effective Date:  The effective date of the modifications to Part 1240 will be October 31, 2017.  There will be no transition period.  Beginning on October 31, 2017, all references in the 2016 Supplement to the New York State Energy Conservation Construction Code (Revised August 2016) to the 2016 Uniform Code Supplement shall be deemed to be references to the 2017 Uniform Code Supplement.

Click here to obtain the full text of the rule that amends Part 1240.

Parts 1264 and 1265
19 NYCRR Part 1264 includes provisions relating to placement of signs or symbols on commercial buildings that utilize truss type construction.  19 NYCRR Part 1265 includes provisions relating to placement of signs or symbols on residential buildings that utilize truss type, pre-engineered wood or timber construction.

Parts 1264 and 1265 include references to the 2016 Uniform Code Supplement.  Because the rule that amends the Uniform Code will replace the 2016 Uniform Code Supplement with the 2017 Uniform Code Supplement effective October 31, 2017, it was necessary to adopt a rule that amends Parts 1264 and 1265 by changing all references in Parts 1264 and 1265 to the 2016 Uniform Code Supplement to references to the 2017 Uniform Code Supplement

The rule amending the Uniform Code adopted by the Code Council on July 13, 2017 also makes these necessary changes to Parts 1264 and 1265.  The rule makes no substantive changes to Part 1264 or Part 1265.

Effective Date:  The effective date of the amendments to Parts 1264 and 1265 will be October 31, 2017.  There will be no transition period.       

Click here to obtain the full text of the rule that amends Parts 1264 and 1265.


1 The “2015 I-Codes” include the 2015 editions of the International Residential Code, International Building Code, International Plumbing Code, International Mechanical Code, International Fuel Gas Code, International Fire Code, International Property Maintenance Code, and International Existing Building Code, all published by the International Code Council, Inc.



Notice of Rules in Development

(19 NYCRR Part 1203)

A rule currently in development would amend Part 1203 of Title 19 of the New York Codes, Rules and Regulations (“Part 1203”).  The Department of State invites public participation in the rule development process.

Background

Executive Law § 381(2) provides that, in general, local governments (cities, towns, and villages and, under some circumstances, counties) are required to administer and enforce the New York State Uniform Fire Prevention and Building Code (the Uniform Code).  Energy Law § 11-107 provides that local governments that administer and enforce the Uniform Code are also required to administer and enforce the State Energy Conservation Construction Code (the Energy Code).

Executive Law § 381(1) provides that the Department of State must promulgate regulations establishing minimum standards for administration and enforcement of the Uniform Code.   Energy Law § 11-107 provides that those minimum standard regulations also apply to administration and enforcement of the Energy Code.

19 NYCRR Part 1203 contains the “minimum standards” established by the Department of State pursuant to Executive Law § 381(1).  Part 1203 requires each local government that administers and enforces the Uniform Code and Energy Code to establish a code enforcement program and to include certain features within that program.  The required features include provisions requiring building permits, provisions requiring permit applications to include certain information, provisions requiring construction inspections at various stages of construction, and provisions establishing and maintaining a system for keeping records relating to the local government’s code enforcement activities.

An updated version of the Energy Code became effective on October 3, 2016.  That version of the Energy Code (the 2016 Energy Code) includes several new provisions that are intended to increase the rate of compliance with the Energy Code.  For example, the 2016 Energy Code includes provisions that (1) require applications for building permits to include specific information related to Energy Code compliance, (2) require construction documents submitted with permit application to include certification by the design professional (engineer or architect) that the design complies with the Energy Code, (3) require the governmental unit or agency responsible for administration and enforcement of the Energy Code (the Authority Having Jurisdiction) to stamp approved plans as “reviewed for Energy Code compliance,” and (4) require inspections for Energy Code compliance at specified stages of construction of a building.

Proposed Amendments to Part 1203

The rule now under development would amend Part 1203 to provide that local governments’ code enforcement programs must (1) require permit applications to include the additional Energy Code-specific information required by the 2016 Energy Code; (2) require permit applications to include the design professional’s certification as to code compliance; (3) provide that the Authority Having Jurisdiction will stamp approved plans as “reviewed for Energy Code Compliance;” and (4) provide for inspections for Energy Code compliance at the specific stages of construction required by the 2016 Energy Code.

Executive Law § 381(1)(i) provides that the matters to be addressed by the Department of State’s “minimum standards” regulations should include “standards and procedures for measuring the rate of compliance with the [Energy Code], and provisions requiring that such rate of compliance be measured on an annual basis.”  The rule now under development would implement Executive Law § 381(1)(i) by adding to Part 1203 provisions requiring local governments’ code enforcement programs to include provisions for measuring and reporting the rate of compliance with the Energy Code.   

The rule now under development would also make a number of technical changes to Part 1203, such as changing current references to the Uniform Code to references to both the Uniform Code and Energy Code.

A draft of the full Text of the rule now under development is available here.

Invitation to Participate in Rule Development Process

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 Joseph Ball, Associate Attorney, New York State Department of State, Office of General Counsel, 99 Washington Ave., Albany, NY 12231-0001; by telephone at (518)-474-6740; or by e mail at joseph.ball@dos.ny.gov.

Dated: March __, 2017

NOTE: The draft rule has not yet been adopted, and Part 1203 has not yet been amended in the manner described above.



Notice of Adoption

Effective January 1, 2015

 Regulation establishing training
requirements for code enforcement personnel

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.

Click here for a summary of the requirements

Full Text of Rule (PDF format)