State Fire Prevention and Building Code Council

The Code Council is comprised of 17 members appointed by the Governor; some with the advice and consent of the Senate. The Code Council is empowered to maintain and periodically update the Uniform Fire Prevention and Building Code and State Energy Conservation Construction Code, and to adopt higher or more restrictive local standards upon the recommendation of local governments. The members of this group represent architects, engineers, builders, trade unions, persons with disabilities, code enforcement, fire prevention, villages, towns, cities, counties, state agencies, the State Fire Administrator and the Secretary of State. A quorum of nine members must be present to adopt proposed code changes.

The Executive Law requires meetings to be held a minimum of four times a year. The mandated meetings are typically scheduled at the last meeting of each year. Meetings are held in Albany. All general meetings are open to the public.

Pursuant to Public Officers Law §103‐a and Resolution No. 1 of 2022 adopted by the Code Council following a public hearing, the Code Council is authorized to use videoconferencing to conduct meetings in the manner authorized by Public Officers Law §103-a. Resolution No. 1 of 2022 and the Procedures Governing Member and Public Attendance at Meetings Conducted by Use of Videoconferencing can be found HERE.

See upcoming meetings.
meeting notices

2024 Schedule

• March 22, 2024
• June 28, 2024
• July 26, 2024
• September 27, 2024
• December 6, 2024

meeting minutes

PAST MEETING DOCUMENTS

STATE ENVRIONMENTAL QUALITY REVIEW ACT (SEQR)

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

State Energy Conservation Construction Code (19 NYCRR Part 1240)

Background

The New York State Department of State (DOS) proposes to repeal and replace the regulations that implement the New York State Uniform Fire Prevention and Building Code (Uniform Code) set forth in 19 NYCRR Parts 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227, 1228 and 1229 and the New York State Energy Conservation Construction Code (Energy Code) set forth in 19 NYCRR Part 1240. The Uniform Code applies to all buildings and structures in New York State except for those located within the City of New York. The Energy Code applies to all buildings and structures in New York State, including the City of New York. The principal purpose of the amendments is to update the Uniform Code and the Energy Code to incorporate revisions to New York State laws and the International Code Council’s (ICC) Model Codes since the 2020 rulemakings. The changes being proposed are significant in nature, in that both the codes changes from ICC’s 2021 and 2024 Model Codes are being incorporated.

Additionally, several significant New York legislative bills impacting the Uniform Code and Energy Code were passed and signed by the Governor in 2020 through 2024.

DOS has not identified any significant adverse environmental impacts from the proposed amendments. However, DOS has chosen to use a generic environmental impact statement (GEIS) as the means to discuss the objectives and the rationale for the proposed regulations,present alternative measures, which are under consideration, and provide the maximum opportunity for public participation.

The State Fire Prevention and Building Code Council (Code Council) is the lead agency for these rulemaking proposals as determined by the Code Council at the July 26, 2024 meeting of the Code Council; however, DOS acts administratively on behalf of the Code Council to file, post, and publish any supporting documents.

Scoping

To provide early public review of the proposed amendments, DOS conducted a public scoping of issues to be addressed in the draft GEIS. A Notice of Intent to Prepare Draft GEIS and a Draft Scope for Draft GEIS were prepared to facilitate the scoping discussion. The Notice of Draft Scope was published in the Environmental Notice Bulletin on August 7, 2024 and comments were received through September 6, 2024.

Draft Scope for Draft GEIS

Notice of Intent to Prepare Draft GEIS

The Code Council voted to publish the Final Scope for Draft GEIS on the DOS website and for the Notice of Final Scope to appear in the Environmental Notice Bulletin at the September 27, 2024 meeting of the Code Council. The Code Council directed DOS to prepare the Draft GEIS for proposed amendment of the Uniform Code and Energy Code in accordance with the Final Scope.

Final Scope for Draft GEIS

Dated: September 27, 2024

 Code Council Members

Each member of the council, other than a full-time  government official, shall receive per diem compensation at the rate of one hundred fifty  dollars per day for each day spent in the performance of his duties. All members of the council shall receive actual and necessary expenses incurred in the performance of their duties.

Executive Law §379 and Energy Law §11-109 individually provide a process for adoption of more restrictive standards for construction to the Uniform Code and local energy conservation construction codes more stringent than the State Energy Code.  The two processes are independent of each other, and some local laws may require both a petition under Executive Law §379 and a filing under Energy Law §11-109.  Code departments should work closely with their municipal attorneys to determine when a local law requires a petition be submitted and/or the local law be filed with the Code Council. Please note that submission of the petition and filing with the Department of State’s Division of Building Standards and Codes and Code Council pursuant to Executive Law §379 and Energy Law §11-109 are in addition to, and not in lieu of, any filing requirement with the Department of State’s Division of Corporations, State Records, and Uniform Commercial Code pursuant to the Municipal Home Rule Law.

Uniform Code (Notice and Petition)

Executive Law §379 authorizes the legislative body of a local government (city, town, village, and Nassau County) to enact or adopt local laws and ordinances that impose standards for construction that are “higher” or “more restrictive” than the corresponding standards imposed by the Uniform Code.  The Code Council is empowered by Executive Law §379 to approve these more restrictive standards when such standards are in compliance with Executive Law §379.  Below is the Notice and Petition local governments should submit to the Code Council, along with any necessary supporting documentation to satisfy Executive Law §379.  

Notice and Petition Relating to More Restrictive Construction Standards (Uniform Code – Executive Law § 379)

Uniform Code (Notice and Petition) inquiries contact:
Kevin Duerr-Clark, P.E.
Assistant Director of Code Development
Phone 518-474-4073       Email [email protected]

State Energy Code (Filing)

Energy Law §11-109 allows counties, cities, towns, villages, school districts or district corporations to promulgate local energy conservation construction codes that are more stringent than the State Energy Code.  The Code Council is empowered by Energy Law §11-109 to approve these more stringent local energy conservation construction codes when such codes are in compliance with Energy Law §11-109.  Below is the form that should be used to file with the Code Council, along with any necessary supporting documentation to satisfy Energy Law §11-109.  

Filing to the State Fire Prevention & Building Code Council of More Stringent Local Energy Conservation Construction Code (Energy Code – Energy Law § 11-109) 

State Energy Code (Filing) inquiries contact:
Emma Gonzalez-Laders, RA, LEED AP
Assistant Director for Energy Code Services
Phone 518-474-4073       Email [email protected]

Below is a list of petitions (Executive Law §379) and filings (Energy Law §11-109) received since the May 12, 2020 update to the Uniform Code and Energy Code and for which the State Fire Prevention and Building Code Council (Code Council) has made a determination. For information on local laws petitioned or filed prior to this date, please consult with the local government directly or submit a Freedom of Information Law (FOIL) request to the Division.

Please note, following each code update, each local government that has local standards for construction that were previously approved by the Code Council or a local energy code that was previously filed with the Code Council, should evaluate those local standards or that local energy code to ensure they are more restrictive than the updated codes and report its determination to the Department of State.  Additionally, local governments, in collaboration with the municipal attorney, should periodically review their local laws and ordinances for any local standards for construction or local energy codes not previously submitted to the Code Council, evaluate them for compliance with Executive Law and Energy Law, and report their determination to the Department of State.

Petitions approved pursuant to Executive Law §379 (*)

Filings found to be more restrictive than the State Energy Code pursuant to Energy Law §11-109 (*)

*Last updated 9/27/2022.  This does not include any petitions or filings received but not yet heard by the Code Council, nor any petitions or filings denied or withdrawn.