NOTICE OF PROPOSED RULE MAKING Part 1205 Uniform Code: Variance and Appeals Procedures (19 NYCRR Part 1205)
This proposed rule making would amend Part 1205 of Title 19 of the New York Codes, Rules and Regulations. The Department of State (‘the Department’) invites public participation in the rule making process.
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.
Proposed Amendments to Part 1205
The proposed rule would amend and update Part 1205. The changes would clarify the routine cases aspect of the variance procedures as follows:
- That the Department can determine as a routine case a request for a variance from a construction-permitting agency that is based on a substantially similar petition previously granted by the Department or one of the six Regional Boards of Review (Albany, Long Island, Hudson Valley, Syracuse, Rochester, and Buffalo);
- In determining whether a petition is substantially similar, the Department may consider any relevant factors including but not limited to the applicable code provisions, design criteria, and geographic location; and
- Require any construction-permitting agency that petitions the Department for relief for a routine case variance to provide a copy of the variance decision for the substantially similar petition previously granted by the Department or a Regional Board of Review and an explanation of how the proposed variance is comparable, including but not limited to the petitioner arranging for the review of the request by experts and consultants with qualifications comparable to independent design professionals, at the Department’s discretion.
Invitation to Participate in Rule Making Process
The Department of State invites all interested parties, particularly those representing small businesses, local governments, and public or private interests in rural areas, to participate in the rule making process. Interested parties are invited to submit comments on the proposed rule.
If you have suggestions on how the proposed rule could be improved, suggested alternatives to the proposed rule that the Department of State could consider, or any other comments on the proposed rule, please contact Brian Tollisen, by mail at New York State Department of State Division of Buildings Standards & Codes, 99 Washington Ave., Albany, NY 12231-0001; by telephone at 518-486-5096; or by e-mail at [email protected]
Rule Making Schedule:
Published in the New York State Register: January 29, 2025
Public Comment Period Ends: April 7, 2025
Public Hearing to be held: April 2, 2025 at 10:00 am
Department of State
99 Washington Avenue
Conf. Rm. #505
Albany, New York 12231
Dated: January 22, 2025
NOTE: The proposed rule has not yet been adopted, and Part 1205 has not yet been amended in the manner described above.
NOTICE OF PROPOSED RULE MAKING Part 1210 Manufactured Housing (19 NYCRR Part 1210)
This proposed rule making would amend Part 1210 of Title 19 of the New York Codes, Rules and Regulations. The Department of State invites public participation in the rule making process.
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.
Proposed Amendments to Part 1210
Amendments to Part 1210 are 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 proposed rule would 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.
A copy of the Rule Text is available here.
Invitation to Participate in Rule Making Process
The Department of State invites all interested parties, particularly those representing small businesses, local governments, and public or private interests in rural areas, to participate in the rule making process. Interested parties are invited to submit comments on the proposed rule.
If you have suggestions on how the proposed rule could be improved, suggested alternatives to the proposed rule that the Department of State could consider, or any other comments on the proposed rule, please contact William Sherman, by mail at New York State Department of State Division of Buildings Standards & Codes, 99 Washington Ave., Albany, NY 12231-0001; by telephone at 518-486-5067; or by e mail at [email protected].
Rule Making Schedule:
Published in the New York State Register: January 24, 2024
Public Comment Period Ends: March 25, 2024
Dated: January 10, 2024
NOTE: The proposed rule has not yet been adopted, and Part 1210 has not yet been amended in the manner described above.