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NOTICE OF RULES IN DEVELOPMENT
State Uniform Fire Prevention and Building Code (19 NYCRR Parts 1219 to 1228) and State Energy Conservation Construction Code (19 NYCRR Part 1240)

The Department of State is in the process of developing two rules: one that would amend and update the State Uniform Fire Prevention and Building Code (the Uniform Code), and one that would amend and update and the State Energy Conservation Construction Code (the “Energy Code”).

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

Proposed Amendment to the Uniform Code

The Department of State is in the process of developing a rule which, if adopted by the State Fire Prevention and Building Code Council, would amend and update the current version of the Uniform Code.

The rule currently in development would repeal the current version of the Uniform Code and adopt an amended and updated version of the Uniform Code. If the rule currently in development is adopted, an amended and updated version of the Uniform Code would incorporate by reference the 2018 edition of the following ICC Codes (the 2018 ICC Codes):

  • International Residential Code (the “IRC”)
  • International Building Code (the “IBC”)
  • International Plumbing Code (the “IPC”)
  • International Mechanical Code (the “IMC”)
  • International Fuel Gas Code (the “IFGC”)
  • International Fire Code (the “IFC”)
  • International Property Maintenance Code (the “IPMC”)
  • International Existing Building Code (the “IEBC”)

Certain provisions in the 2018 ICC Codes would be amended. The following draft documents are being provided to summarize changes and to show the proposed amendments:

  • Summary of Changes between the 2015 ICC Codes and the 2018 ICC Codes – available here
    • This document identifies the notable differences between the 2015 ICC Codes, upon which the current version of the Uniform Code is based, and the 2018 ICC Codes, upon which the amended and updated version of the Uniform Code will be based. This document summarizes each notable change and the potential effect of each such change.
  • Summary of Changes between the 2017 Uniform Code Supplement and the proposed uniform code amendments – available here
    • This document identifies the notable differences between the 2017 Uniform Code Supplement, which amends the 2015 ICC Codes, and the changes to the 2018 ICC Codes, upon which the amended and updated version of the Uniform Code will be based. This document summarizes each notable change and the potential effect of each such change.
  • Draft version of the proposed Uniform Code amendments to the 2018 ICC Codes – available here
    • This document identifies each change to the 2018 ICC Codes that would be made in the proposed amended and updated version of the Uniform Code. This document presents the changes in a “redline” format.

      This document is organized as follows:
      • Chapter 1 will show the amendments to chapter 1 (Scope and Administration) of the 2018 IRC, IBC, IPC, IMC, IFGC, IFC, IPMC, and IEBC
      • Chapter 2 will show the amendments to certain provisions of the 2018 IRC.
      • Chapter 3 will show the amendments to certain provisions of the 2018 IBC.
      • Chapter 4 will show the amendments to certain provisions of the 2018 IPC.
      • Chapter 5 will show the amendments to certain provisions of the 2018 IMC
      • Chapter 6 will show the amendments to certain provisions of the 2018 IFGC.
      • Chapter 7 will show the amendments to certain provisions of the 2018 IFC.
      • Chapter 8 will show the amendments to certain provisions of the 2018 IPMC.
      • Chapter 9 will show the amendments to certain provisions of the 2018 IEBC.
      • Chapter 10 will list standards that are proposed to be incorporated by reference.

Proposed Amendments to the Energy Code

The Department of State is in the process of developing a rule which, if adopted by the State Fire Prevention and Building Code Council, would amend and update the current version of the Energy Code.

The rule currently in development would repeal the current version of the Energy Code and adopt an amended and updated version of the Energy Code. If the rule currently in development is adopted, an amended and updated version of the Energy Code would incorporate by reference the 2018 edition of the International Energy Conservation Code, published by the International Code Council, Inc. (the “2018 IECC”)) and the 2016 edition of the Energy Standard for Buildings Except Low-Rise Residential Buildings, published by ----- (“ASHRAE 90.1-2016”).

Certain provisions of the 2018 IECC and certain provisions of ASHRAE 90.1-2016 would be amended. The following draft documents are being provided to summarize changes and to show the proposed amendments:

  • Summary of Changes between the 2015 IECC and the 2018 IECC – available here
    • This document identifies the notable differences between the 2018 IECC Code, upon which the current version of the Energy Code is based, and the 2018 IECC Code, upon which the amended and updated version of the Energy Code will be based. This document summarizes each notable change and the potential effect of each such change.
  • Draft version of the proposed Energy Code amendments to the 2018 IECC Codes and ASHRAE 90.1-2016 – available here
    • This document identifies each change to the 2018 IECC Code and ASHRAE 90.1-2016 that would be made in the proposed amended and updated version of the Energy Code. This document presents the changes in a “redline” format.

      This document is organized as follows:
      • Part 1 will show the amendments to certain Commercial Provisions of the 2018 IECC.
      • Part 2 will show the amendments to certain provisions of ASHRAE 90.1-2016.
      • Part 3 will show the amendments to certain Residential Provisions of the 2018 IECC.
  • 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 either or both of the draft rules. If you have suggestions on how either or both of the draft rules could be improved, suggested alternatives to either or both of the draft rules that the Department of State could consider, or any other comments on either or both of the draft rules, please contact Gerard Hathaway, 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: Dos.sm.codes.codedevelopment@dos.ny.gov

    If submitting comments by email, please type 2019 UC Update in the subject line if your comment relates to the rule that would amend the Uniform Code, and please click here or type 2019 EC Update in the subject line if your comment relates to the rule that would amend the Energy Code.

    NOTE: The draft rules have not yet been adopted, and the Uniform Code and Energy Code have not yet been amended in the manner described above.


    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)