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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 (click “current adoption” from the drop down menu titled “Year” on the left of the page), or purchased at, https://shop.iccsafe.org/state-and-local-codes/new-york-state.html.


Notice of Rule in Development –

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

The Department of State is in the process of developing a rule that would amend the State Uniform Fire Prevention and Building Code (the “Uniform Code”).
The Department of State invites public participation in the rule development process.


Proposed Amendments 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 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.  The draft rule also makes minor revisions to the existing requirements for the abandonment or removal of heating oil storage tanks for clarification and consistency with the provisions of the 2015 International Fire Code.

A copy of the draft rule text is available here.

The Department of State anticipates presenting this rule as an emergency rule at the Code Council meeting scheduled for March 6, 2020. 


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 proposed rule. 
If you have suggestions on how the proposed rule could be improved, suggested alternatives that the Department of State could consider, or any other comments on the proposed rule, please contact Kevin Duerr-Clark 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) 474-4073; or by email at kevin.duerr-clark@dos.ny.gov
If submitting comments by email, please type “Subpart 1229-3” in the subject line.

Dated: February 3, 2020


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