Notice of Proposed Rule Making

NOTICE OF PROPOSED RULE MAKING

Part 1202 Uniform Code and Energy Code:

Administration and Enforcement by the State in Certain Local Governments

(19 NYCRR Part 1202)
 

This proposed rule making would amend Part 1202 of Title 19 of the New York Codes, Rules and Regulations.  The Department of State invites public participation in the rule making process.

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.

Proposed Amendments to Part 1202

The proposed rule would amend and update Part 1202.  Generally, changes were made throughout Part 1202 to:

• Update references to be consistent with the updated versions of the Uniform Code and Energy Code which took effect on May 12, 2020, and
• Update the features of the Department’s code enforcement program to be substantially similar to the features that local governments must include in the code enforcement program they are required to adopt under the updated version of Part 1203.

The Notice of Proposed Rule Making will appear in the September 28, 2022 edition of the State Register.  On and after September 28, 2022, the September 28, 2022 edition of the State Register can be viewed at https://dos.ny.gov/state-register.  The Notice of Proposed Rule Making includes the Regulatory Flexibility Analysis, Rural Area Flexibility Analysis, Statement Regarding Job Impact Statement, Regulatory Impact Statement, and Summary of Text of the proposed rule.

The full Text of the proposed rule is available here.

The Fee Schedule 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 Chad Sievers, Code Development Unit, by mail at New York State Department of State Division of Buildings Standards & Codes, 99 Washington Ave., Albany, NY 12231-0001; by telephone at 518-728-4905; or by e mail at [email protected].

Rule Making Schedule:

Published in the New York State Register:

September 28, 2022
 

Public Comment Period Ends:

December 5, 2022
 

Public Hearing to be held:

November 30, 2022 at 10 a.m.

Department of State

99 Washington Avenue

Conf. Rm. #505

Albany, New York 12231

Dated:  September 13, 2022

NOTE:      The draft rule has not yet been adopted, and Part 1202 has not yet been amended in the manner described above.