Notice of Proposed Rule Making

This proposed rule making would amend the Uniform Fire Prevention and Building Code (Uniform Code). Particularly, this proposed rule would amend 19 NYCRR Part 1219 and add a new Part 1228 to add provisions relating to rail stations to the Uniform Code. The Department of State invites public participation in the rule making process.

Background

Executive Law §377(1) authorizes the State Fire Prevention and Building Code Council to formulate the Uniform Code and, from time to time, to amend particular provisions of the Uniform Code.

The Uniform Code was amended and became effective on May 12, 2020. However, the current version of the Uniform Code does not include specific provisions tailored to address the unique nature of rail stations and, historically, have necessitated numerous variances over the years.

Proposed Amendments to Part 1228

The proposed rule would amend and update the Uniform Code by adding specific provisions in relation to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of rail stations. Particularly, the proposed rule would incorporate by reference a publication entitled “Uniform Code Provisions for Rail Stations” (publication date: March 2021) published by the Department of State and the reference standard “NFPA 130, Standard for Fixed Guideway Transit and Passenger Rail Systems” published by the National Fire Protection Association (NFPA).

The Notice of Proposed Rule Making will appear in the March 24, 2021 edition of the State Register. On and after March 24, 2021, the March 24, 2021 edition of the State Register can be viewed by clicking the "March 24" 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 the Text of the proposed rule.

A draft of the full Regulatory Impact Statement is available here: Uniform Code Provisions for Rail Stations - Regulatory Impact Statement

A draft of the publication entitled “Uniform Code Provisions for Rail Stations” (publication date: March 2021) is available here: Uniform Code Provisions for Rail Stations (March 2021)

A copy of NFPA 130, Standard for Fixed Guideway Transit and Passenger Rail Systems can be viewed for free on NFPA’s website at: www.nfpa.org

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 draft 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 518-473-8809; or by email at [email protected].

Rule Making Schedule:

Published in the New York State Register: March 24, 2021

Public Comment Period Ends: June 1, 2021

Public Hearing to be held:

May 27, 2021 at 10 a.m. 

Pursuant to Governor Cuomo’s Executive Order 202.1 issued on March 12, 2020, and subsequent Executive Orders extending the relevant provision in Executive Order 202.1, this meeting will be held remotely by WebEx conference call. The public will have the ability to view or listen to the proceeding in the manner described below. In addition, the meeting will be recorded and later transcribed.   

To view or listen to this meeting: 

First, register for the meeting at the link provided below. You may pre-register at any time before the meeting begins. If you have not pre-registered before the meeting begins, you may register at any time while the meeting is in progress.  

Second, access the meeting at the link provided below. You must register before you can access the meeting. 

Link for registration and for accessing the meeting: 

https://meetny.webex.com/meetny/onstage/g.php?MTID=e35c8094036028f266f848f506db135fd   

Should you require further information, please contact the Assistant Director for Code Development, Division of Building Standards and Codes, New York State Department of State, 99 Washington Avenue, Albany, NY 12231 (telephone:  518-474-4073 option 3 or; e-mail: [email protected]). 

Dated: March 9, 2021

NOTE: The draft rule has not yet been adopted, and Part 1228 has not yet been added to Title 19 NYCRR in the manner described above.

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

NOTE:     The proposed rule has not yet been adopted, and Part 1203 has not yet been amended in the manner described above.