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Notice of Proposed Rule Making
(19 NYCRR Part 1228 – rail stations)



This proposed rule making would amend the Uniform Fire Prevention and Building Code (Uniform Code). Particularly, this proposed rule would amend 19 NYCRR Part 1219 and add a new Part 1228 to add provisions relating to rail stations to the Uniform Code. The Department of State invites public participation in the rule making process.

Background

Executive Law §377(1) authorizes the State Fire Prevention and Building Code Council to formulate the Uniform Code and, from time to time, to amend particular provisions of the Uniform Code.

The Uniform Code was amended and became effective on May 12, 2020. However, the current version of the Uniform Code does not include specific provisions tailored to address the unique nature of rail stations and, historically, have necessitated numerous variances over the years.

Proposed Amendments to Part 1228

The proposed rule would amend and update the Uniform Code by adding specific provisions in relation to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of rail stations. Particularly, the proposed rule would incorporate by reference a publication entitled “Uniform Code Provisions for Rail Stations” (publication date: March 2021) published by the Department of State and the reference standard “NFPA 130, Standard for Fixed Guideway Transit and Passenger Rail Systems” published by the National Fire Protection Association (NFPA).

The Notice of Proposed Rule Making will appear in the March 24, 2021 edition of the State Register. On and after March 24, 2021, the March 24, 2021 edition of the State Register can be viewed by clicking the "March 24" link at https://www.dos.ny.gov/info/register/2021.html. The Notice of Proposed Rule Making includes the Regulatory Flexibility Analysis, Rural Area Flexibility Analysis, Statement Regarding Job Impact Statement, Summary of Regulatory Impact Statement, and the Text of the proposed rule.

A draft of the full Regulatory Impact Statement is available here: Uniform Code Provisions for Rail Stations - Regulatory Impact Statement

A draft of the publication entitled “Uniform Code Provisions for Rail Stations” (publication date: March 2021) is available here: Uniform Code Provisions for Rail Stations (March 2021)

A copy of NFPA 130, Standard for Fixed Guideway Transit and Passenger Rail Systems can be viewed for free on NFPA’s website at: www.nfpa.org

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 draft rule that the Department of State could consider, or any other comments on the proposed rule, please contact Chad Sievers, 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 518-473-8809; or by e mail at code.development@dos.ny.gov.

Rule Making Schedule:

Published in the New York State Register:   March 24, 2021

Public Comment Period Ends:                         June 1, 2021

Public Hearing to be held:                               May 27, 2021 at 10 a.m.
                                                                           Department of State
                                                                           99 Washington Avenue
                                                                           Conf. Rm. #505
                                                                           Albany, New York 12231

Dated: March 9, 2021

NOTE: The draft rule has not yet been adopted, and Part 1228 has not yet been added to Title 19 NYCRR 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 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