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NOTICE OF ADOPTION

 

EFFECTIVE February 8, 2017

19 NYCRR Parts 1264 and 1265

The State Fire Prevention and Building Code Council (the “Code Council”) adopted technical amendments to 19 NYCRR Parts 1264 and 1265.  The Notice of Adoption was published in the State Register on January 4th, 2017. 

19 NYCRR Part 1264 implements Executive Law § 382-a.  Executive Law § 382-a provides that all commercial and industrial structures that utilize truss type construction shall be marked by a sign or symbol in a manner sufficient to warn persons conducting fire control and other emergency operations of the existence of truss construction in the structure.  Executive Law § 382-a also provides that the State Fire Prevention and Building Code Council (the Code Council) shall promulgate rules and regulations it deems necessary to carry into effect the provisions of this section 382-a.

19 NYCRR Part 1265 implements Executive Law § 382-b.  Executive Law § 382-b 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.  Executive Law § 382-b provides that the form to be used to notify the local code official that truss type, pre-engineered wood or timber construction is to be used shall be prescribed by the Code Council and that the sign or symbol to be fixed to the electric box shall be as approved by the Code Council.  

On March 9th, 2016, the Code Council approved a rule to update the State Uniform Fire Prevention and Building Code (the Uniform Code) in its entirety (Parts 1219 through 1228).  That rule became effective on October 3rd, 2016.  The previous versions of Parts 1264 and 1265 referenced certain provisions of the Uniform Code that existed prior to the update, thereby making the references in Parts 1264 and 1265 inaccurate. 

The adopted rule updates Parts 1264 and 1265 by referencing the correct provisions in the current version of the Uniform Code now in effect (in lieu of the “old” provisions).  The rule makes no substantive changes to Parts 1264 and 1265. 

The text of the rule is available by clicking here. This link is broken and must be corrected to provide a link to the final Rule Text.

Dated: February 6th, 2017

The text of the rule is available by clicking here.