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Notice of Rule in Development



A rule currently in development would amend Part 1203 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 Fire Prevention and Building Code (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 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 Uniform Code and Energy Code were amended and became effective on May 12, 2020. Based on the new versions of the Uniform Code and Energy Code, corresponding changes are necessary to 19 NYCRR Part 1203 to coordinate these rules and regulations for administration and enforcement of the Uniform Code and Energy Code.

Proposed Amendments to Part 1203
The rule now under development would amend and update Part 1203; therefore, local governments that administer and enforce the Uniform Code and Energy Code would be required to also amend and update their local code enforcement program by local law, ordinance, or other appropriate regulation.

Generally, minor clarifications and editorial changes were made throughout Part 1203 based on Technical Support and feedback from authorities having jurisdiction over the years. The following are the notable changes being proposed to the current Part 1203:

  • Section 1203.1 was restructured from “introduction” to “Introduction and definitions” to include a list of defined terms used throughout Part 1203.
  • Section 1203.3 which includes the features required to be in a code enforcement program were updated as follows:
    • The list of building permit exemptions was clarified to remove items that are not covered by the Uniform Code;
    • The list of requirements for a building permit application were updated to coordinate with Uniform Code requirements and to allow for submissions in any acceptable format by the authority having jurisdiction (i.e. hard copy or electronic);
    • The list of operating permits was expanded to coordinate with the Uniform Code requirements for operating permits (i.e. requirements for operating permits found in 2020 FCNYS) and to allow flexibility for the authority having jurisdiction to not require operating permits in certain circumstances where the issuance of the certificate of occupancy and performance of required fire safety and property maintenance inspections are sufficient;
    • A new category for establishing climatic and geographic design criteria as required by the Uniform Code was added (i.e. design criteria for ground snow load, wind design load, seismic category; heating and cooling equipment design criteria for structures within the scope of the 2020 RCNYS; flood hazard maps).
    • A new requirement for adding a citation to specific code provision or provisions within violation notices for construction inspections and fire safety and property maintenance inspections.

A draft of the full Text of the rule now under development is available at: https://www.dos.ny.gov/dcea/2020%2009%2015_REG_Part%201203%20Update_NRD%20Posting.pdf.

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 Emma Gonzalez-Laders, Code Development Unit, by mail at New York State Department of State Division of Buildings Standards & Codes, 99 Washington Ave., Albany, NY 12231-0001; by telephone at 518-912-2283; or by e mail at code.development@dos.ny.gov.

Dated:September 16, 2020

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


Amended Notice of Adoption
Rule amending and updating the Uniform Code


EFFECTIVE May 12, 2020


On March 6, 2020, the State Fire Prevention and Building Code Council (the “Code Council”) adopted a rule that further amends and updates the original rule that appeared in the February 12, 2020 State Register to amend and update the New York State Uniform Fire Prevention and Building Code (the “Uniform Code”). 

The detailed changes from the original Notice of Adoption that appeared in the February 12, 2020 State Register to this Amended Notice of Adoption are as follows:

  • First, section 1220.3 of the Amended Rule was revised to amend provisions relating to abandonment or removal of heating oil storage tanks based on amendments to Executive Law §378(13) pursuant to Chapter 725 of the Laws of 2019 and corrections were made to Table N1102.1.2, Section P2603.5.1, and Appendix J within the 2020 Residential Code of New York State.  

  • Second, section 1221.3 of the Amended Rule was revised to correct the publisher’s address of one of the publications being incorporated by reference (Steel Joist Institute, SJI 100-15) and to replace the previously incorporated by reference standard TIA 222-G-2005 with the updated version of TIA 222-H-2017 (second printing – June 25, 2018) within the 2020 Building Code of New York State.

  • Third, section 1225.3 of the Amended Rule was added to amend provisions relating to abandonment or removal of heating oil storage tanks based on amendments to Executive Law §378(13) pursuant to Chapter 725 of the Laws of 2019 within the 2020 Fire Code of New York State.

  • Finally, section 1226.3 of the Amended Rule was added to amend the provisions relating to occupancy limitations in the 2020 Property Maintenance Code of New York State to exempt tiny houses constructed in accordance with the 2020 Residential Code of New York State and Appendix Q of the 2020 Residential Code of New York State.

The Department of State, acting on behalf of the Code Council, has filed an Amended Notice of Adoption of this rule.  The Amended Notice of Adoption will appear in the April 8, 2020 edition of the State Register.  On and after April 8, 2020, the Amended Notice of Adoption can be viewed by clicking the “April 8” link at: http://www.dos.ny.gov/info/register/2020.html.  The full text of the amended rule is here.

Effective Date: The effective date of the 2020 NYS Code Books, and the amendments to the 2020 NYS Code Books made by this amended rule, will be May 12, 2020.  There will be no transition period.  Beginning on May 12, 2020, regulated parties submitting building permit applications must comply with the 2020 NYS Code Books and the amendments to the 2020 NYS Code Books made by this amended rule.


Notices of Adoption
Rules amending and updating the Uniform Code and Energy Code


EFFECTIVE May 12, 2020


On December 6, 2019, the State Fire Prevention and Building Code Council (the “Code Council”) adopted rules that amend and update 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 February 12, 2020 edition of the State Register.  On and after February 12, 2020, the Notices of Adoption can be viewed by clicking the “February 12” link at: http://www.dos.ny.gov/info/register/2020.html

The rules will become effective on May 12, 2020.

Uniform Code
The Uniform Code (19 NYCRR Parts 1219 to 1229) now includes the 2015 editions of the code books published by the International Code Council (the “2015 I-Codes”), as amended by the publication entitled the 2017 Uniform Code Supplement (publication date:  July 2017).

The rule adopted by the Code Council on December 6, 2019 repeals the current version of the Uniform Code and adopts an amended and updated version of the Uniform Code.  The amended and updated version of the Uniform Code incorporates by reference the following publications:

 (collectively, the NYS Code Books)

Certain provisions of the 2020 Residential Code of New York State and 2020 Building Code of New York State are also amended as set forth in the rule adopted amending 19 NYCRR Parts 1220 and 1221.

Prior to May 12, 2020, the Uniform Code will continue to include the 2015 I-Codes, as amended by the 2017 Uniform Code Supplement.  On and after May 12, 2020, the Uniform Code will include the 2020 NYS Code Books. 

Effective Date:  The effective date of the 2020 NYS Code Books will be May 12, 2020.  There will be no transition period.  Beginning on May 12, 2020, regulated parties submitting building permit applications must comply with the 2020 NYS Code Books.

Energy Code
The Energy Code (19 NYCRR Part 1240) now includes the 2015 International Energy Conservation Code (the “2015 IECC”) and the 2013 edition of ASHRAE 90.1 (“ASHRAE 90.1-2013”), as amended by the publication entitled the 2016 Supplement to the State Energy Conservation Construction Code (Revised August 2016), sometimes referred to simply as the 2016 Energy Code Supplement

The rule adopted by the Code Council on December 6, 2019 repeals the current version of the Energy Code and adopts an amended and updated version of the Energy Code.  The amended and updated version of the Energy Code incorporates by reference the following publications:

Certain provisions of ASHRAE 90.1-2016 are amended as set forth in the rule adopted amending 19 NYCRR Part 1240.

Prior to May 12, 2020, the Energy Code will continue to include the 2015 IECC and ASHRAE 90.1-2013, as amended by the 2016 Energy Code Supplement.  On and after May 12, 2020, the Energy Code will include the 2020 ECCCNYS and ASHRAE 90.1-2016, as amended by 19 NYCRR Part 1240. 

Effective Date:  The effective date of the modifications to Part 1240 will be May 12, 2020.  There will be no transition period.  Beginning on May 12, 2020, regulated parties submitting building permit applications must comply with the 2020 ECCCNYS and ASHRAE 90.1-2016, as amended by 19 NYCRR 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 2017 Uniform Code Supplement.  Because the rule that amends the Uniform Code will replace the 2017 Uniform Code Supplement with the 2020 NYS Code Books effective May 12, 2020, the rule amending the Uniform Code adopted by the Code Council on December 6, 2019 also makes corresponding 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 May 12, 2020.  There will be no transition period. 

2020 NYS Code Books
The 2020 NYS Code Books can be viewed for free on the International Code Council (ICC) website at, https://codes.iccsafe.org/category/New%20York?year[]=Current+Adoption&page=1 or purchased at https://shop.iccsafe.org/state-and-local-codes/new-york-state.html.


Notice of Emergency Adoption
Emergency Rule – Effective March 19, 2020

Abandonment or Removal of Heating Oil Storage Tanks (19 NYCRR Subpart 1229-3)

On Thursday, March 19, 2020, the Department of State filed a Notice of Emergency Adoption that amends the State Uniform Fire Prevention and Building Code (the “Uniform Code”) by adding provisions relating to the abandonment or removal of heating oil storage tanks.

Adoption of this regulation as an emergency rule makes it effective immediately upon filing.


Amendments to the Uniform Code
The State Fire Prevention and Building Code Council (the “Code Council”) has adopted a rule that amends the current version of the Uniform Code, specifically, adding new Subpart 1229-3 to Title 19 of the NYCRR relating to the abandonment or removal of heating oil storage tanks. 

Chapter 725 of the Laws of 2019 amended Executive Law §378(13) requiring the Uniform Code to include a provision that requires a property owner to provide written notice to his or her home heating oil supplier or suppliers to inform them of such conversion to an alternate fuel following the abandonment or removal of a heating oil storage tank.  Accordingly, the Code Council adopted this rule on an emergency basis to protect health, safety, and security.  
The adoption of this emergency rule became effective on the date of filing, or March 19, 2020.  This rule will expire on May 12, 2020.

A copy of the rule text is available here.

The Notice of Emergency Adoption will appear in the April 8, 2020 edition of the State Register.  On and after April 8, 2020, the April 8, 2020 edition of the State Register can be viewed by clicking the "April 8" link at https://www.dos.ny.gov/info/register/2020.html.  The Notice of Emergency Adoption includes Text of the Rule, Regulatory Impact Statement, Regulatory Flexibility Analysis for Small Business and Local Governments, Rural Area Flexibility Analysis, Statement regarding Job Impact Statement, Statement of Findings Regarding Necessity for Emergency, Additional Matter Required by Statute, and Certification of Rule Text. 

Dated: March 19, 2020

Pursuant to General Business Law Section 778-aa, please see the following Notice of Home Heating Oil Conversion


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


EFFECTIVE January 1, 2019

The Department of State has adopted a rule that amends Part 1219 and adds a new Part 1229 of Title 19 of the New York Codes, Rules and Regulations. The rule amends the State Uniform Fire Prevention and Building Code by adding provisions for installation of safe, sanitary, and convenient diaper changing stations available for use by both sexes in certain buildings and by adding provisions requirng the signage associated with diaper changing stations. Click here for the Full Text of the Rule



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