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Notice of Proposed Rule Making

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IMPORTANT:

The public comment period for this rule making ended on May 27, 2025.

The documents and information provided below are for informational purposes only.

NOTICE OF PROPOSED RULE MAKING

State Uniform Fire Prevention and Building Code (19 NYCRR Parts 1219 to 1229)

State Energy Conservation Construction Code (19 NYCRR Part 1240)

These proposed rule makings would amend the State Uniform Fire Prevention and Building Code (the “Uniform Code”) and the State Energy Conservation Construction Code (the “Energy Code”).

The Department of State (DOS) invites public participation in the rule making process.

Proposed Amendments to the Uniform Code

The proposed rule would repeal the current version of the Uniform Code and adopt an amended and updated version of the Uniform Code.  The amended and updated version of the Uniform Code would incorporate by reference the following publications:

The Notice of Proposed Rule Making will appear in the March 19, 2025 edition of the State Register.  On and after March 19, 2025, the March 19, 2025 edition of the State Register can be viewed by clicking the "March 19" link at https://dos.ny.gov/state-register.  The Notice of Proposed Rule Making includes the full Regulatory Flexibility Analysis, the full Rural Area Flexibility Analysis, the full Statement Regarding Job Impact Statement, Public Hearings document, a summary of the Text of the proposed rule, and a summary of the Regulatory Impact Statement for the proposed rule.

Full Rule Text – Uniform Code

Full Regulatory Impact Statement – Uniform Code

Proposed Amendments to the Energy Code

The proposed rule would repeal the current version of the Energy Code and adopt an amended and updated version of the Energy Code.  The amended and updated version of the Energy Code would incorporate by reference the following publications:

The Notice of Proposed Rule Making will appear in the March 19, 2025 edition of the State Register.  On and after March 19, 2025, the March 19, 2025 edition of the State Register can be viewed by clicking the "March 19" link at https://dos.ny.gov/state-register.  The Notice of Proposed Rule Making includes the full Regulatory Flexibility Analysis, the full Rural Area Flexibility Analysis, the full Job Impact Statement, Public Hearings document, a summary of the Text of the proposed rule, and a summary of the Regulatory Impact Statement for the proposed rule.

Full Rule Text – Energy Code

Full Regulatory Impact Statement – Energy Code

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 either or both of the proposed rules.

If you have suggestions on how the draft rule amending the Uniform Code 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, Professional Engineer 1, Division of Building Standards & Codes, by mail at New York State Department of State Division of Administration and Enforcement, 99 Washington Ave., Albany, NY 12231-0001; by telephone at (518) 474-4073; or by email at [email protected].

If you have suggestions on how the draft rule amending the Energy Code 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 Christopher Jensen, Professional Engineer 1, Division of Building Standards & Codes, by mail at New York State Department of State Division of Administration and Enforcement, 99 Washington Ave., Albany, NY 12231-0001; by telephone at (518) 474-4073; or by email at [email protected].

If submitting comments by email, please type “2024 UC Update” in the subject line if your comment relates to the rule that would amend the Uniform Code, and please type “2024 EC Update” in the subject line if your comment relates to the rule that would amend the Energy Code.

 

Rule Making Schedule:

Published in the New York State Register: March 19, 2025

Public Comment Period Ends: May 27, 2025

Public Hearings to be held: May 20, 2025 at 10:00 am in-person at the following location:

Department of State,

99 Washington Ave,

Conference Rm. 505,

Albany, NY


May 21, 2025 at 10:00 am

Virtually via WebEx

https://meetny-gov.webex.com/weblink/register/r49373c0d53ac278ecdbecd9ea88e18ba


May 22, 2025 at 10:00 am

Virtually via WebEx

https://meetny-gov.webex.com/weblink/register/r04b7da5f229da04734e68a13c5500cda

SAPA Public Hearing Procedures

  • We anticipate numerous people wishing to testify, so we are limiting the time for each person’s testimony to three (3) minutes.  Please note that lengthier comments can be accepted in written form prior to the end of the public comment period which is May 27, 2025.
  • We encourage any person testifying at the hearing to provide a written copy of their testimony prior to the end of the public comment period.
  • The public hearing dates are as follows:
    • Tuesday, May 20, 2025, at 10 a.m. in-person at 99 Washington Ave, Conference Room 505, Albany, NY
      • Please note: All guests and visitors coming to Albany will be required to have picture ID and check in with security on the bank side of the lobby where they will receive a badge to enter the building.
    • Wednesday, May 21, 2025, at 10 a.m. virtually via WebEx
    • Thursday, May 22, 2025, at 10 a.m. virtually via WebEx
  • We encourage those wishing to speak at the in-person hearing to notify us in advance by email to [email protected] so we can plan accordingly.
  • We encourage those wishing to speak at the virtual hearing to register prior to the date of the scheduled public hearing so we can plan accordingly.
  • Those wishing to listen to virtual hearings can register at any time before or on the hearing date.
  • Individuals will only be allowed to testify once at the public hearing.
  • After the last scheduled public hearing, any comments can be submitted in writing prior to the end of the public comment period, or on or before May 27, 2025.

Dated:     March 2025

NOTE:     The draft rules have not yet been adopted, and the Uniform Code and Energy Code have not yet been amended in the manner described above.