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        "IMPORTANT ANNOUNCEMENT - NYS Uniform Code and Energy Code Update"


IMPORTANT ANNOUNCEMENT

NYS Uniform Code and Energy Code Update

On March 9, 2016, the State Fire Prevention and Building Code Council completed a major update to the State Uniform Fire Prevention and Building Code (Uniform Code). The Notice of Adoption of the rule updating the Uniform Code was published in the April 6, 2016 edition of the State Register. The rule updating the Uniform Code incorporates the following documents by reference:

  • 2015 International Building Code
  • 2015 International Residential Code
  • 2015 International Existing Building Code
  • 2015 International Fire Code
  • 2015 International Plumbing Code
  • 2015 International Mechanical Code
  • 2015 International Fuel Gas Code
  • 2015 International Property Maintenance Code
  • 2016 Uniform Code Supplement

Effective Date

The updated version of the Uniform Code became fully effective on October 3, 2016.


NYS Energy Code Update

On March 9, 2016, the State Fire Prevention and Building Code Council adopted a rule updating the State Energy Conservation Construction Code (Energy Code). The Notice of Adoption of the March 9 rule was published in the April 6, 2016 edition of the State Register. On August 25, 2016, the Code Council adopted a rule amending the March 9 rule. The Amended Notice of Adoption of the amended rule updating the Energy Code will be published in the September 21, 2016 edition of the State Register. The amended rule updating the Energy Code update incorporates the following documents by reference:

  • 2015 International Energy Conservation Code
  • 2013 ASHRAE 90.1
  • 2016 Supplement to the New York State Energy Conservation Construction Code (Revised August 2016)

Effective Date

The amended rule updating the Energy Code becomes effective on October 3, 2016. There is no "transition period" for the Energy Code.

Public access to the ICC Codes;

The ICC 2015 codes adopted by New York State can be viewed at no cost at; http://codes.iccsafe.org/New%20York%20State.html#2015


Code Books

Local municipalities that submit their annual Code Enforcement and Administration report to the Division of Building Standards and Codes will receive copies of the newly adopted Uniform Code and Energy Code books. In addition to code books, municipalities will receive a one year electronic subscription to the newly adopted codes and a one year Governmental Membership to the International Code Council.

Copies of the 2015 International Codes and many other incorporated standards can be purchased from the International Code Council at http://shop.iccsafe.org/state-and-local-codes/new-york-state.html, or call (888) 422-7233. The 2016 Uniform Code and Energy Code Supplements can be downloaded from our website (www.dos.ny.gov/DCEA), at the links below;

2016 Uniform Code Supplement

2016 Supplement to the New York State Energy Conservation Construction Code (Revised August 2016)
"Revised August 2016" version was posted on the website on September 2, 2016, your copy is not current if you downloaded it before that date.



Notice of Rules 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 e mail 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

Permanent Rule Effective December 9, 2015

 Carbon Monoxide Alarms – Commercial Buildings

The Department of State has adopted a rule that amends the Uniform Code by adding provisions applicable to carbon monoxide alarms in commercial buildings. The rule text in is available by clicking here.

Permanent Effective Date: December 9, 2015

** NEW** Transition Period for Existing Commercial Buildings:  June 27, 2015 to June 27, 2016 
The “transition period” provides that owners of existing commercial buildings are encouraged to install carbon monoxide detection as quickly as practicable; provides that the owner of an existing commercial building shall not be deemed to be in violation of section 1228.4 if the owner provides the authority having jurisdiction with a written statement certifying that such owner is attempting in good faith to install carbon monoxide detection that complies with the requirements of this section 1228.4 in such owner’s existing commercial building as quickly as practicable; and provides that carbon monoxide detection that satisfies the requirements of section 1228.4 must be installed and must be fully operational in all existing commercial buildings by the end of the transition period.  

Compliance Date: June 27, 2016

Chapter 541 of the Laws of 2014
Recently, Governor Cuomo signed a bill that amends the Executive Law to require that the Uniform Fire Prevention and Building Code address standards for the installation of carbon monoxide detecting devices and requiring that every commercial building and restaurant that has appliances, devices or systems that may emit carbon monoxide or an attached garage be equipped with carbon monoxide detecting devices of such manufacture, design and installation standards as are established by the State Fire Prevention and Building Code Council.

State Fire Prevention and Building Code Council
The Department of State and the State Fire Prevention and Building Code Council (Code Council) have developed a rule that will add provisions applicable to carbon monoxide detecting devices to the Uniform Fire Prevention and Building Code (Uniform Code). The rule will apply to all new and existing commercial buildings and restaurants that have appliances, devices or systems that may emit carbon monoxide, or that have an attached garage. These new provisions will be contained in a new Section 1228.4 to be added to 19 NYCRR Part 1228.

Uniform Fire Prevention and Building Code
The Department of State adopted a rule that adds provisions applicable to carbon monoxide detecting devices to the Uniform Fire Prevention and Building Code (Uniform Code). The rule applies to all new and existing commercial buildings and restaurants that have appliances, devices or systems that may emit carbon monoxide, or that have an attached garage. These new provisions are contained in a new Section 1228.4 added to 19 NYCRR Part 1228. 

The most recent rule text is available by clicking here.

Click here for the Webex slide presentation (PDF Format)


Orders to Remedy

Effective January 12, 2015

 

TECHNICAL BULLETIN
19 NYCRR 1203.5: Time Fixed for Compliance with Orders to Remedy

(Click here for for printable PDF version of the bulletin)

 

Issued January 12, 2015

On Monday January 12, 2015, the New York Department of State adopted a regulation that fixes the time within which a person served with an Order to Remedy violation(s) of the Uniform Fire Prevention and Building Code (Uniform Code) must comply with that Order.  Specifically, the regulation provides that an Order to Remedy a condition in violation of the Uniform Code must state that full compliance with the Order is required within 30 days after the date of the Order.

The regulation was added as a new section 1203.5 to 19 NYCRR Part 1203.  Part 1203 establishes minimum standards for administration and enforcement of the Uniform Code.  All cities, towns, villages, counties, and State agencies that are responsible for the administration and enforcement of the Uniform Code are required to comply with Part 1203, including the newly added section 1203.5. 

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

 


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)

Rules currently in development would amend the State Uniform Fire Prevention and Building Code-(the “Uniform Code”) and the State Energy Conservation Construction Code (the “Energy Code”).

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


Proposed Amendments to the Uniform Code

An amended and updated version of the Uniform Code became full effective on October 3, 2016.  That amended and updated version of the Uniform Code incorporates by reference the 2015 edition of model codes (the “2015 ICC Codes”) published by the International Code Council, Inc., including the International Residential Code (the “2015 IRC”), the International Building Code (the “2015 IBC”), the International Plumbing Code (the “2015 IPC”), the International Mechanical Code (the “2015 IMC”), the International Fuel Gas Code (the “2015 IFGC”), the International Fire Code (the “2015 IFC”), the International Property Maintenance Code (the “2015 IPMC”), and the International Existing Building Code (the “2015 IEBC”).  Under the amended and updated version of the Uniform Code that became fully effective on October 3, 2016, certain provisions of the 2015 I-Codes are deemed to be amended in the manner provided in the publication entitled 2016 Uniform Code Supplement published by the New York State Department of State.
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 version of the Uniform Code that became effective on October 3, 2016. 
The rule currently in development would replace the 2016 Uniform Code Supplement with a new publication, to be entitled the 2017 Uniform Code Supplement.  If the rule currently in development is adopted, certain provisions in the 2015 I-Codes would be deemed to be amended in the manner provided in the 2017 Uniform Code Supplement.  In general, the changes made to the 2015 I-Codes by the 2016 Uniform Code Supplement will also be made by the 2017 Uniform Code Supplement.  However, the 2017 Uniform Code Supplement will make additional changes to the 2015 I-Codes.  

  • Chapter 1 of the 2017 Supplement will amend chapter 1 (Scope and Administration) of the 2015 IRC, IBC, IPC, IMC, IFGC, IFC, IPMC, and IEBC.
  • Chapter 2 of the 2017 Supplement will amend certain provisions of the 2015 IRC.
  • Chapter 3 of the 2017 Supplement will amend certain provisions of the 2015 IBC.
  • Chapter 4 of the 2017 Supplement will amend certain provisions of the 2015 IPC.
  • Chapter 5 of the 2017 Supplement will amend certain provisions of the 2015 IMC.
  • Chapter 6 of the 2017 Supplement will amend certain provisions of the 2015 IFGC.
  • Chapter 7 of the 2017 Supplement will amend certain provisions of the 2015 IFC.
  • Chapter 8 of the 2017 Supplement will amend certain provisions of the 2015 IPMC.
  • Chapter 9 of the 2017 Supplement will amend certain provisions of the 2015 IEBC.
  • Chapter 10 of the 2017 Supplement will list standards that are incorporated by reference.

The Department of State has filed a Notice of Proposed Rule Making for a proposed rule which, if adopted by the State Fire Prevention and Building Code Council, would amend the New York State Uniform Fire Prevention and Building Code (the Uniform Code). The proposed rule would also make corresponding changes to regulations relating to placement of signs on buildings that utilize truss-type construction (19 NYCRR 1264 and 1265).

The Notice of Proposed Rule Making will appear in the April 5, 2017 edition of the State Register.

The Text of the proposed rule and the Regulatory Impact Statement for the proposed rule are available by clicking here. (PDF Format)

A draft of the 2017 Uniform Code Supplement is available here. (PDF Format)


Proposed Amendments to the Energy Code

An amended and updated version of the Energy Code became effective on October 3, 2016.  That amended and updated version of the Energy Code incorporates by reference the 2015 edition of the International Energy Conservation Construction Code (the “2015 IECC”) published by the International Code Council, Inc. and the 2013 edition of the Energy Standard for Building Except Low-Rise Residential Buildings (“ASHRAE 90.1-2013”) published by the American Society of Heating, Refrigeration and Air-Conditioning Engineers, Inc.  Under the amended and updated version of the Energy Code that became effective on October 3, 2016, certain provisions of the 2015 IECC and certain provisions of ASHRAE 90.1-2013 are deemed to be amended in the manner provided in the publication entitled 2016 Supplement to the State Energy Conservation Construction Code (Revised August 2016)  (the “2016 Energy Code Supplement”) published by the New York State Department of State.

The 2016 Energy Code Supplement includes a number of references to the 2016 Uniform Code Supplement.

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 provide that 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 currently under development would make no substantive changes to the Energy Code.  

A draft of the Text of the rule that would amend the Energy Code is available here. (PDF Format)


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 click here or type 2017 UC Update in the subject line if your comment relate to the rule that would amend the Uniform Code, and please click here or type 2017 EC Update in the subject line if your comments relate to the rule that would amend the Energy Code.

Dated: March 9, 2017

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 Adoption
Permanent Rule - Effective June 3, 2015


Sparkling Devices

The Department of State has adopted a rule that amends the Uniform Code by adding provisions applicable to “sparkling devices.” The rule text in is available by clicking here.

Chapter 477 of the Laws of 2014
Recently, Governor Cuomo signed a bill that amends the Penal Law definition of fireworks to include several categories of devices, including “sparkling devices,” and authorizes any city (except the City of New York) or county (except those within the City of New York) to adopt a local law legalizing sparkling devices in such City or County. 

Local Laws
Under the new provision of the Penal Law, Cities or Counties wishing to be covered by this legislation must affirmatively enact a local law to legalize the possession, manufacture, storage, handling, sale and use of “sparkling devices” within their jurisdiction. 

Uniform Fire Prevention and Building Code
The Department of State adopted a rule that adds provisions applicable to “sparkling devices” to the Uniform Fire Prevention and Building Code (Uniform Code).  The rule applies to buildings where sparkling devices are manufactured, stored, sold or used; and will establish provisions to reduce the risk of fire in buildings resulting from the manufacture, storage, sale or use of sparkling devices.  These new provisions are based on provisions found in the 2015 International Fire Code and will be contained in a new Section 1228.3 to be added to 19 NYCRR Part 1228. 

A rule in is available by clicking here.



Notice of Adoption

Effective January 1, 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)


Notice Adoption
Permanent Rule Effective Date June 10, 2015
Truss type, pre-engineered wood or timber construction
in Residential Structures

Executive Law § 382-b, as added by Chapter 353 of the Laws of 2014, provides that any person utilizing truss type, pre-engineered wood or timber construction for the erection of any new residential structure, for any addition to an existing residential structure, or for any rehabilitation of an existing residential structure must (1) notify the local government that will issue the building permit that truss type, pre-engineered wood or timber construction is being utilized and (2) affix a sign or symbol to the electric box, if any, on the exterior of the structure indicating that truss type, pre-engineered wood or timber construction has been used. 

A new Part 1265 to Title 19 of the New York Codes, Rules and Regulations (NYCRR) has been adopted. The new Part 1265 prescribes (1) the form to be used to notify code enforcement officials that truss type, pre-engineered wood or timber construction is to be used in a residential structure; (2) the sign or symbol to be affixed to the exterior of a residential structure that has been constructed, added to or rehabilitated using truss type, pre-engineered wood or timber construction.

New Executive Law § 382-b does not apply, and this rule will not apply, in New York City.

Code Enforcement Officials should not issue a Certificate of Occupancy for a residential building that contains truss-type construction, pre-engineered wood construction or timber construction unless:

  1. the owner has notified the AHJ, on the form prescribed in the rule, that contains truss-type construction, pre-engineered wood construction or timber construction has been used and;
  2. the structure has the sign prescribed in the rule attached in the place prescribed in the rule. 

Code Enforcement Officials may want to notify people who received a permit prior to January 1, 2015 but did not receive a Certificate of Occupancy prior to January 1, 2015, so that those people can file the required notice and affix the required sign before the final inspection.    

The rule text is available by clicking here. (PDF format)

sample truss signSample Truss sign is available here (PDF format)

 

Sample form to be used to give notice required by Part 1265.3(a) is available here. (MSWord format)