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 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. 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.
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 Jeanne Rice, 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 518-473-2265; or by e mail at [email protected].
Rule Making Schedule:
Published in the New York State Register: March 29, 2023
Public Comment Period Ends: June 5, 2023
Public Hearing to be held: May 31, 2023 at 10 a.m.
Department of State
99 Washington Avenue
Conf. Rm. #505
Albany, New York 12231
Dated: March 13, 2023
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 - 19 NYCRR Parts 1220, 1221, 1226 – hot tubs and spas
This proposed rule making would amend the Uniform Fire Prevention and Building Code (Uniform Code). Particularly, this proposed rule would amend 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 as will be amended by a Chapter of the Laws of 2023, as indicated in Approval Memorandum No. 33. The Department of State invites public participation in the rule making process.
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, there will be a Chapter Amendment to clarify that the legislature only intended 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.
Proposed Amendments to Parts 1220, 1221, and 1226
The proposed rule would amend and update 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 Proposed Rule Making will appear in the January 18, 2023 edition of the State Register. On and after January 18, 2023, the January 18, 2023 edition of the State Register can be viewed at https://dos.ny.gov/state-register. The Notice of Proposed Rule Making includes the Text of the Rule, Regulatory Flexibility Analysis for Small Businesses and Local Governments, Rural Area Flexibility Analysis, Statement Regarding Job Impact Statement, Additional Matter Required by Statute, Regulatory Impact Statement, and the Text of the proposed rule.
Invitation to Participate in Rule Making Process
The Department of State and the Code Council invite 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 draft rule that the Department of State could consider, or any other comments on the proposed rule, please contact Jeanne Rice, 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 518-473-2265; or by e mail at [email protected].
Rule Making Schedule:
Published in the New York State Register: January 18, 2023
Public Comment Period Ends: March 27, 2023
Public Hearing to be held: March 22, 2023 at 10 a.m.
Department of State
99 Washington Avenue
Conf. Rm. #505
Albany, New York 12231
Dated: December 30, 2022
NOTE: The draft rule has not yet been adopted, and Parts 1220, 1221, and 1226 have not yet been amended to Title 19 NYCRR in the manner described above.
Dated: January 3, 2023
NOTICE OF PROPOSED RULE MAKING Part 1208 – Minimum Standards for Code Enforcement Training in the State of New York (19 NYCRR Part 1208)
This proposed rule making would amend Part 1208 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 §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 (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code). Those rules and regulations are currently set forth in 19 NYCRR Part 1208.
This proposed rule would amend 19 NYCRR Part 1208 to include provisions addressing Executive Law §376-a, as amended by Chapter 797 of the Laws of 2022 and as will be amended by a Chapter of the Laws of 2023, as indicated in Approval Memorandum No. 82.
The amendments to Executive Law §376-a would 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 proposed rule would also amend 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.
Proposed Amendments to Part 1208
The Notice of Proposed Rule Making will appear in the February 1, 2023 edition of the State Register. On and after February 1, 2023, the February 1, 2023 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.
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 Jeanne Rice, 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 518-473-2265; or by e mail at [email protected].
Rule Making Schedule:
Published in the New York State Register: February 1, 2023
Public Comment Period Ends: April 10, 2023
Public Hearing to be held: April 5, 2023 at 10 a.m.
Department of State
99 Washington Avenue
Conf. Rm. #505
Albany, New York 12231
Dated: January 19, 2023
NOTE: The draft rule has not yet been adopted, and Part 1208 has not yet been amended in the manner described above.