Part 1203: Minimum Standards for Administration and Enforcement (19 NYCRR Part 1203)
This proposed rule making would amend Part 1203 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). 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 are necessary to 19 NYCRR Part 1203 to coordinate these rules and regulations for administration and enforcement of the Uniform Code and Energy Code.
Proposed Amendments to Part 1203
The proposed rule would amend and update Part 1203; therefore, local governments that administer and enforce the Uniform Code and Energy Code would be required to also amend and update their local code enforcement program by local law, ordinance, or other appropriate regulation.
Generally, minor clarifications and editorial changes were made throughout Part 1203 based on Technical Support and feedback from authorities having jurisdiction over the years. The following are the notable changes being proposed to the current Part 1203:
- Section 1203.1 was restructured from “introduction” to “Introduction and definitions” to include a list of defined terms used throughout Part 1203.
- Section 1203.3 which includes the features required to be in a code enforcement program was updated as follows:
- The time period for temporary certificates of occupancy, operating permits, and fire safety and property maintenance inspections was clarified and where necessary, aligned with the annual inspection requirements of the Education Law and Executive law.
- The list of requirements for a building permit application was updated to coordinate with Uniform Code and Energy Code requirements and to allow for submissions in any acceptable format by the authority having jurisdiction (i.e. hard copy or electronic).
- The list of operating permits was expanded to coordinate with the Uniform Code requirements for operating permits (i.e. requirements for operating permits found in 2020 FCNYS) and to allow flexibility for the authority having jurisdiction to not require operating permits in certain circumstances where the issuance of the certificate of occupancy and performance of required fire safety and property maintenance inspections are sufficient.
- A new category for establishing climatic and geographic design criteria as required by the Uniform Code was added (i.e. design criteria for ground snow load, wind design load, seismic category; heating and cooling equipment design criteria for structures within the scope of the 2020 RCNYS; flood hazard maps).
- A new requirement for adding a citation to specific code provision or provisions within violation notices for construction inspections and fire safety and property maintenance inspections.
The Notice of Proposed Rule Making will appear in the May 12, 2021 edition of the State Register. On and after May 12, 2021, the May 12, 2021 edition of the State Register can be viewed by clicking the "May 12" link 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, Summary of Regulatory Impact Statement, and Summary of Text of the proposed rule.
The full Text of the proposed rule is available here
The full Regulatory Impact Statement 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 draft rule, please contact Emma Gonzalez-Laders, 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 518-912-2283; or by e mail at [email protected].
Rule Making Schedule:
Published in the New York State Register: May 12, 2021
Public Comment Period Ends: July 20, 2021
Public Hearing to be held: July 15, 2021 at 10 a.m.
Department of State
99 Washington Avenue
Conf. Rm. #505
Albany, New York 12231
Dated: May 5, 2021
Update: On or about June 24, 2021, the Governor ended the State Disaster Emergency and rescinded the associated Executive Orders. Accordingly, the public hearing will be held at the above noted date, time, and location in-person, and will not be conducted virtually. Unless fully vaccinated, attendees of the public hearing are required to wear masks and adhere to 6 feet distancing protocols when in the building.
NOTE: The proposed rule has not yet been adopted, and Part 1203 has not yet been amended in the manner described above.