Factory Manufactured Buildings (Modular)


The process of Modular Construction Review and Approval is outlined in Part 1209 Regulations and Fees for Factory Manufactured Buildings, and guided by the following documents for plan and specification submission:

  • Title 19 – NYCRR – Part 1209 Regulations and Fees for Factory Manufactured Buildings (Parts 1209 thru 1209.6)
  • Modular Residential Submission Development Worksheet
  • Modular Commercial Submission Development Worksheet
  • Documentation Guidelines for Factory Manufactured Approval

Due to the nature of modular construction, being that the building systems (ie. electrical, lighting, plumbing, HVAC, and fire protection systems) are enclosed and not visible for inspection upon delivery to the job site plan review and approval are required and regulated by the Building Codes of New York State and Part 1209. The plan and specification review and approval are accomplished by the Department of State as are the issuance of the Insignia of Approval (per Part 1209.3). The Insignia, which is to be affixed to the module(s) upon completion of construction. This is evidence of acceptability for the Local Authority Having Jurisdiction (LAHJ). Inspection in the manufacturing plant and attachment of the Insignia are accomplished by a Quality Assurance Agency (Third Party Inspection Agency) as described in Part 1209.3(g). The Quality Assurance Agency is required to submit documentation to the Department of State for approval to serve in this capacity. 


Regulations governing Factory Manufactured Buildings can be found in the New York Codes, Rules and Regulations, Title 19 Department of State, Chapter XXXII Division of Code Enforcement and Administration, Part 1209 Regulations and Fees for Factory Manufactured Homes (19 NYCRR XXXII 1209).


Factory Manufactured Buildings (Modular) are not to be confused with Manufactured Homes (mobile homes) which are generally defined by those homes built on a chassis and being transportable more than once.  

Submission Process

It is the modular manufacturer’s responsibility to make the submission to NYSDOS. The following is a brief overview of the modular submission process to obtain NYSDOS approval. The Documentation Guidelines for Factory Manufactured (Modular) Building Approval provides information as to what documentation is required and the format there of. 

  1. Submit the Application, check for $50.00, one set of hard copies and pdf files of the drawings, structural calculations, energy check, code analysis, pertinent material cut sheets, and the residential or commercial project submission development worksheet.
  2.  If 1st time applicant, you must submit Quality Assurance Manual (reviewed and approved by the Third-Party Inspection Agency {TPIA}), copy of TPIA Agreement, and Letter of introduction, interest and brief company history.
  3. When all required submission items have been received by NYSDOS, the submission will be logged in, assigned a review number and placed in the job queue for review.
  4. At NYSDOS discretion, one & two-family dwellings and townhouse submissions may be reviewed/approved by the TPIA. Projects must be submitted to both NYSDOS and the TPIA. The TPIA will not start the review until NYSDOS has logged the submission in. TPIA Individual Model Review Letter.
  5. All submissions are reviewed in the order they are received and logged in.
  6. The submission will be reviewed and deviation comments will be sent to the manufacturer’s contact person listed on the Application.
  7. It is the manufacturer’s responsibility to respond to the deviations and send revised documents to NYSDOS within 120 days.
  8. NYSDOS will review the responses and revisions to see that they have resolved all deviations. If the revisions are not adequate, steps 5 thru 7 will repeat until all deviations are satisfied.
  9. If the revisions are adequate, the review fee will be calculated and final documents need to be submitted.
  10. When the final documents and review fee check are received, the approval will be processed and sent to the manufacturer.
  11. The manufacturer applies for the NYSDOS Insignia of Approval label using Form DOS-1962-f. 
  12. The manufacturer and TPIA make arrangements for factory inspections to take place during manufacture of the approved design. When all inspections are satisfied and all red tags are removed, the NYSDOS Insignia may be applied. The Insignia must be applied to the modular units prior to shipment. NO modular unit is to be shipped to the building site without a NYSDOS Insignia.

Projects in New York City
All one & two-family dwellings and townhouses (3 stories and less) proposed for the 5 boroughs of NYC must first obtain NYSDOS Conditional Approval and follow NYC Building Bulletin 2019-xxx. Commercial projects located in NYC that are owned by a NYS Agency are to be submitted to NYSDOS only following the procedure outlined above. All other commercial projects get submitted to NYC Department of Buildings only.

Third-Party Agencies

Modular manufacturers are required to have a contractual agreement with a NYSDOS approved Quality Assurance Agency (also known as Third Party Inspection Agency or TPIA). The TPIA may perform (but not limited to) in-plant inspections for manufacturing facilities, Quality Assurance Manual review and approval, approved projects conformance to code and the approved documents, construction methods, procedures, test results and NYS Insignia control.  The TPIA may also be involved in the review and approval of Individual Model submissions and Systems Permit Set certification. Link to TPIA one & two-family dwelling and townhouse review letter.




Complaint Process