Notice of Adoption
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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 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 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.

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