NOTICE OF ADOPTION Part 1210 Civil Penalties

NOTICE OF ADOPTION

Part 1210 Manufactured Housing 

(19 NYCRR Part 1210)

Effective May 15, 2024

On April 30, 2024, the Department of State filed a Notice of Adoption that amends Part 1210 of Title 19 of the New York Codes, Rules and Regulations.

This rule will take effect on May 15, 2024.

Background

Article 21-B of the Executive Law provides for the initial training, certification, and continuing education of manufacturers, retailers, installers, and mechanics of manufactured homes, establishes procedures for the resolution of disputes relating to manufactured homes, and otherwise implements the provisions of the Federal Manufactured Housing Improvement Act of 2000 (PL 106-569), including the imposition of penalties. Executive Law §604 gives the Department of State (DOS) the power to promulgate rules and regulations related to the provisions of Article 21-B of the Executive Law with respect to manufactured housing. Those rules and regulations are currently set forth in Part 1210.

This rule is necessary to align with Executive Law §609 (as amended by Chapter 601 of the Laws of 2023). The amendment to Executive Law §609 changes the civil penalties for violations to the maximum civil penalty established by 24 C.F.R. § 3282.10, as then in effect, for each violation. Currently, with respect to violations of the provisions set forth in Executive Law §609, 19 NYCRR §1210.21(b) places a $1,100 civil penalty, with a maximum of $1,100,000 for any related series of violations occurring within one year after the first violation committed by a manufacturer or retailer. Therefore, an amendment to Part 1210 is necessary to bring the New York State civil penalty statutory amounts into alignment with the federal regulations of the Department of Housing and Urban Development and allow civil penalties to be uniform and adjusted for inflation annually. See 24 C.F.R. § 3282.10 and §3282.302(b)(3).

In addition, the amendments to Part 1210 integrate comments from the NYS Housing Association and the DOS experiences in implementing the manufactured housing program to help improve and streamline provisions of Part 1210.

Amendments to Part 1210

The Notice of Adoption will appear in May 15, 2024 edition of the State Register.  On and after May 15, 2024, the May 15, 2024 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, and Certification of Rule Text.

A copy of the Rule Text is available here.

Dated:  April 30, 2024

NOTICE OF ADOPTION Part 1263 Implementation of State Environmental Quality Review Act (19 NYCRR Part 1263)

Effective October 18, 2023

On Monday, October 2, 2023, the Department of State filed a Notice of Adoption that repeals and replaces Part 1263 of Title 19 of the New York Codes, Rules and Regulations.

This rule will take effect on October 18, 2023.



Background

Environmental Conservation Law §8-0113(3) authorizes the Department of State (DOS) to promulgate rules and regulations as may be necessary for the implementation of Article 8 of the Environmental Conservation Law consistent with the rules and regulations adopted by the Commissioner of the Department of Environmental Conservation.   

 

Part 1263 of Title 19 NYCRR, which became effective on September 1, 1976, establishes procedures to implement the State Environmental Quality Review Act (SEQRA) that are applicable to the State Building Code Council.  The existing version of Part 1263 pre-dated the Uniform Fire Prevention and Building Code Act (Chapter 707 of the Laws of 1981).  

 

This rule repeals and replaces Part 1263 to update the procedures to implement SEQRA consistent with the rules and regulations adopted by the Commissioner.  Particularly, the rule aligns the procedures of DOS and the State Fire Prevention and Building Code Council with 6 NYCRR Part 617, and identifies additional Type II actions. 

Amendments to Part 1263

The Notice of Adoption will appear in the October 18, 2023 edition of the State Register.  On and after October 18, 2023, the October 18, 2023 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, Statement Regarding Regulatory Flexibility Analysis for Small Businesses and Local Governments, Statement Regarding Rural Area Flexibility Analysis, Statement Regarding Job Impact Statement, Statement Regarding Regulatory Impact Statement, Assessment of Public Comments, and Certification of Rule Text.

A copy of the Rule Text is available here.

 

Dated: October 2, 2023 

NOTICE OF ADOPTION Part 1205 Uniform Code: Variance and Appeals Procedures (19 NYCRR Part 1205)

Effective June 28, 2023

On Monday, June 12, 2023, the Department of State filed a Notice of Adoption that repeals and replaces Part 1205 of Title 19 of the New York Codes, Rules and Regulations. 

This rule will take effect on June 28, 2023.
 


Background

Executive Law § 381(1) directs the Secretary of State to promulgate regulations for the administration and enforcement of the Uniform Fire Prevention and Building Code (Uniform Code), including the establishment of a procedure whereby any provision or requirement of the Uniform Code may be varied or modified in cases where strict compliance with such provision or requirement would entail practical difficulties or unnecessary hardship or would otherwise be unwarranted.  Such procedure shall be designed to ensure that any such variance or modification shall not substantially affect adversely provisions for health, safety, and security, and that equally safe and proper alternatives may be prescribed.

19 NYRCC Part 1205 establishes the procedures whereby any provision or requirement of the Uniform Code may be varied or modified.   

This rule amends and updates Part 1205.  Generally, changes were made throughout Part 1205 to:

  • Add definitions and for clarification, and
  • Add a process for alternative compliance cases to allow the use of the design, construction, and maintenance provisions or requirements of a nationally recognized standard or code that is not expressly allowed by the Uniform Code.

Amendments to Part 1205

The Notice of Adoption will appear in the June 28, 2023 edition of the State Register.  On and after June 28, 2023, the June 28, 2023 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, Summary of Rule Text, Statement Regarding Regulatory Flexibility Analysis for Small Businesses and Local Governments, Statement Regarding Rural Area Flexibility Analysis, Statement Regarding Job Impact Statement, Statement Regarding Regulatory Impact Statement, Assessment of Public Comments, and Certification of Rule Text.

A copy of the Rule Text is available here.

Dated:  June 12, 2023

AMENDED NOTICE OF ADOPTION - 19 NYCRR Part 1208: Minimum Standards for Code Enforcement Training in the State of New York

AMENDED NOTICE OF ADOPTION

Part 1208 – Minimum Standards for Code Enforcement Training in the State of New York

(19 NYCRR Part 1208)

Effective April 27, 2023

On Wednesday, April 26, 2023, the Department of State filed an Amended Notice of Adoption that amends Part 1208 of Title 19 of the New York Codes, Rules and Regulations.  The Department of State previously filed a Notice of Adoption on April 11, 2023 for a rule that amends Part 1208.  Such Notice appeared in the April 26, 2023 State Register.  The rule adopted within the Amended Notice of Adoption makes non-substantial revisions to the rule adopted within the original Notice of Adoption to clarify the definitions of certified building safety inspector and certified code enforcement official.

This rule will take effect on April 27, 2023.

Background

Executive Law §376-a authorizes the Secretary of State to promulgate rules and regulations relating to training of personnel charged with enforcement of the Uniform Fire Prevention and Building Code and the State Energy Conservation Construction Code.  Those rules and regulations are currently set forth in 19 NYCRR Part 1208.

This rule amends 19 NYCRR Part 1208 to include provisions addressing Executive Law §376-a, as amended by Chapter 797 of the Laws of 2022 and Chapter 88 of the Laws of 2023.

The amendments to Executive Law §376-a require the minimum basic training requirements to be completed within six months from the date of appointment for building safety inspectors (BSIs) and within twelve months from the date of appointment for code enforcement officials (CEOs), unless there is a written extension obtained from the Secretary of State for good cause shown.  In addition, a BSI must complete at least one-third of required basic training courses prior to performing BSI enforcement activities and a CEO must complete at least one-sixth of required basic training courses prior to performing BSI enforcement activities and must complete two-thirds of required basic training courses prior to performing CEO enforcement activities. 

The rule also amends 19 NYCRR Part 1208 to allow the Department of State to accept nationally recognized certifications as approved by the Secretary, or their designee, and after successful completion of the New York State Code Enforcement Principles and Practice Exam, in lieu of completing the basic training program, in accordance with the Governor’s State of the State proposal. See page 258 of the 2023 State of the State book: https://www.governor.ny.gov/sites/default/files/2023-01/2023SOTSBook.pdf.

19 NYCRR Part 1208 already establishes basic training and examination requirements for code enforcement personnel and provides for certification of persons who satisfy those requirements.  This rule amends Part 1208 to implement the amendments to Executive Law §376-a.
 

Amendments to Part 1208

The Amended Notice of Adoption will appear in the May 17, 2023 edition of the State Register.  On and after May 17, 2023, the May 17, 2023 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, Summary of Rule Text, Statement Regarding Regulatory Flexibility Analysis for Small Businesses and Local Governments, Statement Regarding Rural Area Flexibility Analysis, Statement Regarding Job Impact Statement, Statement Regarding Regulatory Impact Statement, and Certification of Rule Text.

A copy of the Rule Text is available here.

Dated:  April 26, 2023

Notice of Adoption - 19 NYCRR Parts 1220, 1221, 1226: Hot Tubs and Spas

NOTICE OF ADOPTION

19 NYCRR Parts 1220, 1221, 1226: Hot Tubs and Spas

EFFECTIVE April 19, 2023

 

 

On Tuesday, April 4, 2023, the Department of State filed a Notice of Adoption that amends the Uniform Fire Prevention and Building Code (Uniform Code).  Particularly, the rule amends 19 NYCRR Parts 1220, 1221, and 1226, to add an exception to the barrier requirement for hot tubs and spas equipped with a safety cover compliant with ASTM F1346 (2018), in order to comply with subdivision fourteen of Executive Law 378, as amended by Chapter 651 of the Laws of 2022 and Chapter 18 of the Laws of 2023. 

This rule will take effect on April 19, 2023.

 

Background

 

Executive Law §378 provides a list of the subjects that the Uniform Code shall address.  On November 23, 2022, Bill A8646/S7858 was signed by the Governor as Chapter 651 of the Laws of 2022 along with Approval Memorandum No. 33.  The law amends Paragraph c of Subdivision 14 of Executive Law §378 (as added by Chapter 75 of the Laws of 2007) to provide that a hot tub or spa with a safety cover which complies with ASTM F1346 (2003) or any similar standard which may be approved by the State Fire Prevention and Building Code Council (Code Council) or swimming pool with an automatic power safety cover which complies with ASTM F1436 (2003), or any similar standard which may be approved by the Code Council, shall be exempt from the provisions of this subdivision. 

Based on Approval Memorandum No. 33, an agreement was secured with the Legislature to clarify that the intent was only to exempt hot tubs and spas with safety covers from both the pool alarm and barrier requirements of Subdivision 14 and that swimming pools with automatic powers safety covers would still only be exempt from the pool alarm requirements. 

On March 3, 2023, Bill A625/S1347 was signed by the Governor as Chapter 18 of the Laws of 2023.  The law further amends Paragraph c of Subdivision 14 of Section 378 of the Executive Law to provide that a hot tub or spa with a safety cover which complies with ASTM F1346 (2003) or any similar standard which may be approved by the Code Council shall be exempt from the provisions of this subdivision and any swimming pool with an automatic power safety cover which complies with ASTM F1436 (2003) or any similar standard which may be approved by the Code Council shall be exempt from the provisions of paragraph b of this subdivision. The law also made a technical amendment to reletter the second paragraph c as paragraph d (which relates to temporary swimming pool enclosure requirements).

 

 

Amendments to the Uniform Code

The State Fire Prevention and Building Code Council has adopted a rule that amends and updates the Uniform Code by adding an exception to the barrier requirement for hot tubs and spas equipped with a safety cover compliant with ASTM F1346 (2018).

A copy of the Rule Text is available here.

The Notice of Adoption will appear in the April 19, 2023 edition of the State Register.  On and after April 19, 2023, the April 19, 2023 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, Statement Regarding Regulatory Flexibility Analysis for Small Businesses and Local Governments, Statement Regarding Rural Area Flexibility Analysis, Statement Regarding Job Impact Statement, Additional Matter Required by Statute, Statement Regarding Regulatory Impact Statement, and Certification of Rule Text.

Dated: April 4, 2023

Notice of Adoption - Part 1202 Uniform Code and Energy Code: Administration and Enforcement by the State in Certain Local Governments

NOTICE OF ADOPTION

Part 1202 Uniform Code and Energy Code:

Administration and Enforcement by the State in Certain Local Governments

(19 NYCRR Part 1202)

EFFECTIVE December 30, 2022

 

 

The Department of State has filed a Notice of Adoption of a rule repealing and replacing Part 1202 of Title 19 of the New York Codes, Rules and Regulations.  The Notice of Adoption will appear in the December 28, 2022 edition of the State Register.  On and after December 28, 2022, 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) and the State Energy Conservation Construction Code (Energy Code).  

Executive Law § 381(2) provides that in the event that a local government (city, town, or village) elects not to administer and enforce the Uniform Code and Energy Code within such local government, and the county in which such local government is located elects not to administer and enforce the Uniform Code and Energy Code in such county, the Secretary of State shall administer and enforce the Uniform Code and Energy Code in the place and stead of such local government.

19 NYCRR Part 1202 establishes the procedures applicable in circumstances in which the Secretary of State must administer and enforce the Uniform Code and Energy Code.   

The Uniform Code and Energy Code were amended and became effective on May 12, 2020.  Based on the updated versions of the Uniform Code and Energy Code, corresponding changes were necessary to 19 NYCRR Part 1203 with respect to minimum standards applicable to local governments that administer and enforce the Uniform Code and Energy Code.  The Department filed a Notice of Adoption for the updated Part 1203 on December 29, 2021, to take effect on December 30, 2022.  Accordingly, corresponding changes are necessary to 19 NYCRR Part 1202 to coordinate these rules and regulations in circumstances in which the Secretary of State must administer and enforce the Uniform Code and Energy Code.

The full Text of the rule is available here: https://dos.ny.gov/system/files/documents/2022/12/2022-12-2-rule-text-part-1202.pdf

The Fee Schedule is available here: https://dos.ny.gov/system/files/documents/2022/12/dos-admin-and-enforcement-fee-schedule-2022-08.pdf

Dated:  December 13, 2022

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