State Fire Prevention and Building Code Council

Overview

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.

Upcoming Meetings

See upcoming meetings.
meeting notices


2022 Schedule

  • March 4, 2022
  • June 17, 2022
  • September 23, 2022
  • December 9, 2022

Past Meeting Minutes

Members

 Code Council Members

Two members designated by statute:  
Secretary of State

Robert J. Rodriguez

(Designee: Matthew Tebo)

State Fire Administrator James Cable
(Designee: Benjamin Keller)
Two state officials appointed by the Governor  
Division of Housing and Community Renewal

RuthAnne Visnauskas 

Commissioner

(Designee:  Michael Weber) (Designee: Joseph Palozzola)

Department of Labor Roberta Reardon
Commissioner
(Designee: Vincent Rapacciuolo)
Six elected officials appointed by the Governor:  
City (population over 1,000,000)  
City (population over 100,000)  
City (population under 100,000)

Joseph M. DeStefano

Mayor - City of Middletown

County Claudia Braymer    
Town  
Village  
Seven members appointed by the Governor with the advice and consent of the Senate:  
Fire Service Official Joseph Toomey
Registered Architect Shawn Hamlin
Professional Engineer Timothy DeRuyscher
Code Enforcement Official Robert Hughes
Builders Representative William W. Tuyn
Trade Union Representative Patrick Dolan
Persons with Disabilities Representative Dominic Marinelli

Current as of 11/5/2021

More Restrictive Local Standards

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 (*)

Local Government

Topic

Local Law No.

Saltaire, Village of

Automatic Fire Sprinkler Systems - Single Family Residential LL No. 4 of 2022

 


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

Local Government

Local Law No.

Baldwinsville,  Village of LL No. 6 of 2022 and LL No. 7 of 2022

Beacon, City of

LL No. 2 of 2020

Bedford, Town of

LL No. 2 of 2021

Canandaigua, City of LL No. 1 of 2022

Dobbs Ferry, Village of

LL No. 6 of 2020

Dryden, Town of LL No. 3 of 2021
Esopus, Town of LL No. 14 of 2021
Geneva, Town of LL No. 7 of 2021

Hastings on Hudson, Village of

LL No. 8 of 2020

Humphrey, Town of  LL No. 5 of 2021
Irvington, Village of LL No. 4 of 2021
Lima, Village of LL No. 3 of 2021
Mamaroneck,  Town of LL No. 10 of 2021 and LL No. 11 of 2021
Montour Falls, Village of LL No. 1 of 2021
New Castle, Town of LL No. 6 of 2022
Newfield, Town of LL No. 3 of 2021

New Rochelle, City of

LL No. 4 of 2021

New York, City of LL No. 48 of 2020
Niskayuna, Town of LL No. 3 of 2021
North Salem, Town of LL No. 1 of 2022
Orangetown, Town of LL No. 8 of 2021
Ossining, Town of LL No. 5 of 2021
Oyster Bay Cove, Village of LL No. 2 of 2022
Philipstown, Town of LL No. 1 of 2022
Philmont, Village of LL No. 1 of 2021
Pittsford,  Village of LL No. 1 of 2022
Sodus, Village of LL No. 1 of 2022
Somers, Town of LL No. 6 of 2022
Southampton, Town of LL No. 25 of 2021
Tully, Village of LL No. 2 of 2021

 

*Last updated 6/28/2022.  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.