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Notice of Proposed Rule Making
Diaper Changing Station (amend 19 NYCRR Part 1219 and add new Part 1229)

This proposed rule making would amend the State Uniform Fire Prevention and Building Code (the “Uniform Code”). Particularly, this proposed rule would amend 19 NYCRR Part 1219 and add new Part 1229 to add provisions relating to the installation of diaper changings stations to the Uniform Code. The Department of State invites public participation in the rule making process.

Proposed Amendment to the Uniform Code

Chapter 58 of the Laws of 2018 amended Executive Law §378(16) and (17) which provide that at least one safe, sanitary, and convenient diaper changing station, deck, table, or similar amenity which shall be available for use by both male and female occupants and which must comply with Section 603.5 (Diaper Changing Tables) of the 2009 edition of ICC A117.1 Accessible and Usable Buildings and Facilities on each floor level containing a public toilet room in all newly constructed buildings that have one or more areas classified as Assembly Group A occupancies or Mercantile Group M occupancies and in all existing buildings that have one or more areas classified as Assembly Group A occupancies or Mercantile Group M occupancies that undergo a “substantial renovation.” The Code Council shall prescribe the type of renovation to be deemed a “substantial renovation” and may exempt historic buildings from these requirements. There is also a requirement that in each building that has one or more areas classified as Assembly Group A occupancies or Mercantile Group M occupancies and in which at least one diaper changing station is installed, a sign shall be posted in a conspicuous place in each public toilet room indicating the location of the nearest diaper changing station that is available for use by the gender using such public toilet room. The sign requirements shall apply without regard to whether the diaper changing station was installed voluntarily or pursuant to this law.

This proposed rule would amend the current Uniform Code by adding provisions for the installation of diaper changing stations in certain buildings and by adding provisions requiring the signage associated with diaper changing stations in accordance with the aforementioned Executive Law sections and Chapter 58 of the Laws of 2018.

The Notice of Proposed Rule Making will appear in the September 5, 2018 edition of the State Register. On and after September 5, 2018, the September 5, 2018 edition of the State Register can be viewed by clicking the "September 5" link at https://www.dos.ny.gov/info/register/2018.html. The Notice of Proposed Rule Making includes the Regulatory Flexibility Analysis, Rural Area Flexibility Analysis, Statement Regarding Job Impact Statement, Regulatory Impact Statement, and the Text of the proposed rule.

The full Text of the proposed rule is available by clicking here.

Invitation to Participate in Rule Making 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 making process.  Interested parties are invited to submit comments on the proposed rule.  If you have suggestions on how the proposed rule could be improved, suggested alternatives to the proposed rule that the Department of State could consider, or any other comments on the proposed rule, please contact Gerard Hathaway, Assistant Director for Code Development, by mail at New York State Department of State Division of Building Standards and Codes, 99 Washington Ave., Albany, NY 12231-0001; by telephone at (518)-486-6990; or by e mail at Dos.sm.codes.codedevelopment@dos.ny.gov. If submitting comments by email, please type Diaper Changing Stations: in the subject line.

Rule Making Schedule:

Published in the New York State Register: September 5, 2018
Public Comment Period Ends: November 13, 2018
Public Hearing to be held:

November 8, 2018 at 10 a.m.
Department of State
99 Washington Avenue
Conf. Rm. #505
Albany, New York 12231

Dated: August 22, 2018

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



Notice of Adoption - 19 NYCRR Subpart 1208-6 - Suspension or Revocation of Certifications of Code Enforcement Personnel
EFFECTIVE August 22, 2018

The rule authorizes the Secretary of State to revoke or suspend the certification of a Code Enforcement Official (CEO) or Building Safety Inspector (BSI) if an Administrative Law Judge determines, after a hearing, that the CEO or BSI materially failed to uphold his or her code enforcement duties. Click here for the Full Text of the Rule



NOTICE OF Adoption
Condition Assessments of Parking Garages
(19 NYCRR Parts 1202, 1203, 1204)
EFFECTIVE August 29, 2018

The Department of State has adopted a rule that amends Parts 1202, 1203, and 1204 of Title 19 of the New York Codes, Rules and Regulations. The amendments require cities, towns, villages, counties, and State agencies that are responsible for administering and enforcing the New York State Uniform Fire Prevention and Building Code (the Uniform Code) to require the owners of parking garages to have periodic condition assessments of those parking garages performed by qualified professional engineers. Click here for the Full Text of the Rule



NOTICE 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 Rule 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 email 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 August 22, 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)