Notice of Rule in Development

NOTICE OF RULE IN DEVELOPMENT

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

State Energy Conservation Construction Code (19 NYCRR Part 1240)

Rules currently in development would amend the State 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 development process.

Please see the updated Errata information and document at the end of this posting.

Background

DOS is in the process of developing rules which, if adopted by the State Fire Prevention and Building Code Council (the “Code Council”), would amend the Uniform Code and Energy Code.

In general, the Uniform Code, as amended by this rule, will be set forth in NYS specific code books primarily based on the 2024 edition of the codes published by the International Code Council, Inc. (the “2024 ICC Codes”) and the Energy Code, as amended by this rule, will be set forth in NYS specific code books primarily based on the 2024 edition of the International Energy Conservation Code published by the International Code Council, Inc. and Energy Standard for Sites and Buildings Except Low-Rise Residential Buildings published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., also known as ASHRAE 90.1-2022.

Executive Law § 378 (19) and Energy Law §11-104(6), (7), and (8), as amended by Part RR of Chapter 56 of the Laws of 2023, establish requirements for the Uniform Code and Energy Code in relation to prohibiting the installation and use of fossil-fuel equipment and building systems in certain new structures and buildings.  Specifically, Part 1229 would implement the requirements into the Uniform Code and Part 1240 would implement the requirements into the Energy Code. 

Proposed Amendments to the Uniform Code

In light of the fact that DOS was working on preparing this Notice of Rule in Development simultaneously with the development of the 2024 ICC Codes, the draft documents show the proposed changes to the current version of each of the current 2020 NYS Code Books compared to the 2024 ICC Codes, along with NYS specific amendments.  Please note that unaltered portions of the current 2020 NYS Code Books are not included within these documents. Specifically, the following draft documents comprise the collective proposed changes to the updated Uniform Code:

1. Proposed Changes to the Residential Code of New York State
2. Proposed Changes to the Building Code of New York State
3. Proposed Changes to the Plumbing Code of New York State
4. Proposed Changes to the Mechanical Code of New York State
5. Proposed Changes to the Fuel Gas Code of New York State
6. Proposed Changes to the Fire Code of New York State
7. Proposed Changes to the Property Maintenance Code of New York State
8. Proposed Changes to the Existing Building Code of New York State
9. Proposed Changes to Reference Standards
10. Proposed Changes to Chapter 1 of each of the NYS Code Books
11. Proposed Amendments to 19 NYCRR Part 1228 – Rail Stations
12. Proposed Amendments to 19 NYCRR Part 1229 – Other Uniform Code Provisions

Proposed Amendments to the Energy Code

In light of the fact that DOS was working on preparing this Notice of Rule in Development simultaneously with the development of the 2024 International Energy Conservation Code (2024 IECC), the draft documents show the proposed changes to the current version of the 2020 Energy Conservation Construction Code of New York State (2020 ECCCNYS) compared to the 2024 IECC, along with NYS specific amendments, and proposed changes to ASHRAE 90.1-2022.  Please note that unaltered portions of the current 2020 ECCCNYS are not included within these documents.  Specifically, the following draft documents comprise the collective proposed changes to the updated Energy Code:

1. Proposed Changes to the Residential Provisions of the Energy Code
2. Proposed Changes to the Commercial Provisions of the Energy Code
3. Proposed Changes to ASHRAE 90.1-2022
4. Proposed Amendment to 19 NYCRR Part 1240 – fossil-fuel equipment and building systems

Invitation to Participate in Rule Development 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 development process. Interested parties are invited to submit comments on either or both of the draft rules.

If you have suggestions on how the draft rule amending the Uniform Code could be improved, suggested alternatives to the draft rule that the Department of State could consider, or any other comments on the draft rule, please contact Kevin Duerr-Clark, Assistant Director for Code Development, 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 draft rule that the Department of State could consider, or any other comments on the draft rule, please contact Emma Gonzalez-Laders, Assistant Director for Energy Code Services, 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].

Public comments will be accepted through September 24, 2024.

Dated: July 25, 2024

This document is an Errata for the Uniform Code and Energy Code Notice of Rule in Development which was originally released on July 25, 2024.  It includes corrections to clerical errors and items that were discussed in Code Council Meetings but were not included in the original Notice of Rule in Development publications. This does not include any response to any comments received during the Notice of Rule in Development. The deadline for comments remains unchanged and will be accepted through September 24, 2024.
 

Errata to the Uniform Code and Energy Code NRD documents - 8-21-2024.pdf

Dated August 21, 2024

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.