Notice of Adoption - Grease Traps or Interceptors (19 NYCRR Part 1229)

Notice of Adoption

Permanent Rule – Effective July 6, 2022 

Grease Traps or Interceptors (19 NYCRR Part 1229)

On Friday, June 17, 2022, the Department of State filed a Notice of Adoption that adds specific provisions in relation to the installation, modification, use, and maintenance of grease interceptors (commonly referred to as “grease traps”) to the New York State Uniform Fire Prevention and Building Code (the “Uniform Code”).

This rule will take effect on July 6, 2022.


Background

Chapter 753 of the Laws of 2021, Approval Memo No. 116, and Chapter 47 of the Laws of 2022 amended Executive Law §378 to add a new subdivision eighteen to provide that the Uniform Code shall address the following subject: 

Standards requiring that grease traps or interceptors located in a place that may be accessible by the public, or located inside any food service establishment, or located in any other building that is open to the public, shall be designed and maintained to withstand expected loads and to prevent unauthorized access. Such standards shall also include requiring the installation of a warning sign or symbol, as determined by the council, on or in the vicinity of such grease traps or interceptors.  Such standards shall apply to new and existing grease traps and interceptors. For the purposes of this subdivision, "food service establishment" shall have the same meaning as in part fourteen of title ten of the New York code of rules and regulations.

The amendment to Executive Law §378 became effective March 22, 2022.

Amendments to the Uniform Code

The State Fire Prevention and Building Code Council (the “Code Council”) has adopted a rule that adds provisions to the Uniform Code that require that all new and existing grease traps or interceptors be designed and maintained (1) to withstand expected loads, (2) to prevent unauthorized access, and (3) to have a warning sign or symbol installed on or in the vicinity of the grease traps or interceptor.  An exception is provided for grease traps or interceptors serving individual dwelling units and satisfying other criteria such as being installed in accordance with the manufacturer’s installation instructions, not accessible to the public, and are properly maintained and serviced.   

A copy of the Rule Text is available here.

A copy of the Full Revised Regulatory Impact Statement is available here.

The Department of State previously filed a substantially similar rule on an emergency basis on March 22, 2022.  Minor revisions were made to 19 NYCRR Part 1229.

The adoption of this permanent rule becomes effective on July 6, 2022.

The Notice of Adoption will appear in the July 6, 2022 edition of the State Register.  On and after July 6, 2022, the July 6, 2022 edition of the State Register can be viewed at https://dos.ny.gov/state-register.  The Notice of Adoption includes the Text of the Rule, Assessment of Public Comments, Summary of Revised Regulatory Impact Statement, Statement Regarding Regulatory Flexibility Analysis for Small Business and Local Governments, Statement Regarding Rural Area Flexibility Analysis, Statement Regarding Job Impact Statement, Additional Matter Required by Statute, and Certification of Rule Text. 


Dated: June 17, 2022

NOTICE OF ADOPTION - 19 NYCRR Part 1203 Uniform Code and the Energy Code: Minimum Standards for Administration and Enforcement

NOTICE OF ADOPTION

19 NYCRR Part 1203 Uniform Code and the Energy Code:

Minimum Standards for Administration and Enforcement

EFFECTIVE December 30, 2022

 

The Department of State has filed a Notice of Adoption of a rule repealing and replacing Part 1203 of Title 19 of the New York Codes, Rules and Regulations.  The Notice of Adoption will appear in the December 29, 2021 edition of the State Register.  On and after December 29, 2021, the Notice of Adoption can be viewed on the Department of State’s website at: https://dos.ny.gov/state-register.

The rule will become effective on December 30, 2022. 

 

Background

Executive Law § 381(1) authorizes the Department of State to promulgate regulations establishing minimum standards for administration and enforcement of the Uniform Fire Prevention and Building Code (Uniform Code).  Additionally, Energy Law § 11-107 provides that the Energy Code shall be administered and enforced in the manner prescribed by applicable local law or ordinance consistent with the standards and procedures adopted pursuant to § 381 of Executive Law.

Executive Law § 381(2) provides that local governments (cities, towns, and villages and, under some circumstances, counties) are required to administer and enforce the Uniform 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 Uniform Code and Energy Code were amended and became effective on May 12, 2020.  Based on the new versions of the Uniform Code and Energy Code, corresponding changes were necessary to 19 NYCRR Part 1203 to coordinate these rules and regulations for administration and enforcement of the Uniform Code and Energy Code. 

 

19 NYCRR Part 1203

Local governments will have until December 30, 2022 to update their code enforcement programs by local law, ordinance, or other appropriate regulation.

The full Text of the rule is available here: https://dos.ny.gov/system/files/documents/2021/12/2021-12-10-full-text-of-rule-part-1203.pdf

The full Assessment of Public Comments is available here: https://dos.ny.gov/system/files/documents/2021/12/2021-12-10_full-assessment-of-public-comments-part-1203.pdf

​​​​​​​The updated model local law is available here: https://dos.ny.gov/laws-and-regulations-division-building-standards-and-codes#model-local-law

 

The Technical Bulletin Requirements for Completing Table R301.2(1) in the 2020 Residential Code of New York State is available here: https://dos.ny.gov/system/files/documents/2021/12/2021-12-15_tb_table-r301.2.pdf

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 here.  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

On December 6, 2019, the State Fire Prevention and Building Code Council (the “Code Council”) adopted rules that amended and updated 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, filed Notices of Adoption of these rules.  The Notices of Adoption appeared in the February 12, 2020 edition of the State Register.  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 became effective on May 12, 2020.



Uniform Code
Prior to the update, the Uniform Code (19 NYCRR Parts 1219 to 1229) included 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 repealed that version of the Uniform Code and adopted an amended and updated version of the Uniform Code.  The amended and updated version of the Uniform Code incorporated, 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 were also amended as set forth in the adopted rule which amended 19 NYCRR Parts 1220 and 1221.

Effective Date:  The effective date of the 2020 NYS Code Books was May 12, 2020.  There was no transition period.  Beginning on May 12, 2020, regulated parties submitting building permit applications were required to comply with the 2020 NYS Code Books.

Energy Code

Prior to the update, the Energy Code (19 NYCRR Part 1240) included 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 repealed that version of the Energy Code and adopted an amended and updated version of the Energy Code.  The amended and updated version of the Energy Code incorporated, by reference, the following publications:

Certain provisions of ASHRAE 90.1-2016 w amended as set forth in the adopted rule which amended 19 NYCRR Part 1240.

Effective Date:  The effective date of the modifications to Part 1240 was May 12, 2020.  There was no transition period.  Beginning on May 12, 2020, regulated parties submitting building permit applications were required to 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 included references to the 2017 Uniform Code Supplement.  Because the rule that amended the Uniform Code replaced the 2017 Uniform Code Supplement with the 2020 NYS Code Books, the rule amending the Uniform Code, adopted by the Code Council on December 6, 2019, included corresponding changes to Parts 1264 and 1265.  The rule made no substantive changes to Part 1264 or Part 1265.

Effective Date:  The effective date of the amendments to Parts 1264 and 1265 was May 12, 2020.  There was 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 - 19 NYCRR Part 1228 – Rail Stations

NOTICE OF ADOPTION
 (19 NYCRR Part 1228 – rail stations)
EFFECTIVE October 12, 2021

On June 25, 2021, the State Fire Prevention and Building Code Council (the “Code Council”) adopted a rule that amends the New York State Uniform Fire Prevention and Building Code (the “Uniform Code”) to add a new Part 1228 to Title 19 of the Official Compilation of the Codes, Rules, and Regulations of the State of New York (NYCRR).  19 NYCRR Part 1228 adds 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 rule incorporates by reference a publication entitled “Uniform Code Provisions for Rail Stations” (publication date: June 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 Department of State, acting on behalf of the Code Council, has filed a Notice of Adoption of this rule.  The Notice of Adoption will appear in the July 14, 2021 edition of the State Register.  On or about July 14, 2021, the Notice of Adoption can be viewed at: https://dos.ny.gov/state-register.

The rule will become effective on October 12, 2021; however, the Code Council found that, in the period during which changes to the Uniform Code have been adopted but are not yet effective pursuant to Executive Law §378(18)(a), a person shall have the option of complying with either the provisions of the code as changed or with the code provisions as they were set forth immediately prior to the change.

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

The full Text of the rule is available here: https://dos.ny.gov/part-1228-rail-stations-rule-text

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

Dated: June 29, 2021