DOS-02-07-00010-AA Uniform Fire Prevention and Building Code

1/9/08 N.Y. St. Reg. DOS-02-07-00010-AA

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 2

January 09, 2008

RULE MAKING ACTIVITIES

DEPARTMENT OF STATE

AMENDED NOTICE OF ADOPTION

 

I.D No. DOS-02-07-00010-AA

Filing No. 1406

Filing Date. Dec. 21, 2007

Effective Date. Jan. 09, 2008

Uniform Fire Prevention and Building Code

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken:

Repeal of Parts 1220–1226 and addition of new Parts 1219–1227 to Title 19 NYCRR.

Amended action:

This action amends the rule that was filed with the Secretary of State on September 14, 2007, to be effective January 1, 2008, File No. 1005. The notice of adoption, I.D. No. DOS-02-07-00010-A, was published in the October 3, 2007, issue of the State Register.

Statutory authority:

Executive Law, sections 377 and 378

Subject:

Standards for the construction and maintenance of buildings and structures and for protection from the hazards of fire (the New York State Uniform Fire Prevention and Building Code).

Purpose:

To amend the New York State Uniform Fire Prevention and Building Code to assure that it effectuates the purposes of article 18 of the Executive Law and the specific objectives and standards set forth in such article.

Substance of amended rule:

This Amended Notice of Adoption amends a previously adopted rule which amended and undated the State Uniform Fire Prevention and Building Code (the “Uniform Code”). Notice of Adoption of the previously adopted rule was published in the State Register on October 3, 2007. The previously adopted rule will become effective on January 1, 2008. The previously adopted rule, as amended by this Amended Notice of Adoption, is summarized as follows:

Section 377 of the Executive Law directs the State Fire Prevention and Building Code Council (the “Code Council”) to review the entire New York State Uniform Fire Prevention and Building Code (the “Uniform Code”) from time to time to assure that it effectuates the purposes of the Law, and authorizes the Code Council to amend the Uniform Code from time to time to achieve that end. The rule making would repeal the existing version of the Uniform Code (which is now found in 19 NYCRR Parts 1220 to 1226, inclusive, and in the publications incorporated by reference therein) and replace it with a new version of the Uniform Code, to be contained in new 19 NYCRR Parts 1219 to 1227, inclusive, and the new publications to be incorporated therein by reference.

The new version of the Uniform Code will include eight components: the Residential Code (Part 1220), the Building Code (Part 1221), the Plumbing Code (Part 1222), the Mechanical Code (Part 1223), the Fuel Gas Code (Part 1224), the Fire Code (Part 1225), the Property Maintenance Code (Part 1226), and the Existing Building Code (Part 1227).

The Residential Code addresses one-and two-family dwellings and townhouses not more than three stories in height with a separate means of egress and their accessory structures.

The Building Code establishes life safety construction requirements for assembly, business, educational, factory industrial, high hazard, institutional, mercantile, multi-family residential, storage and utility and miscellaneous buildings.

The Plumbing Code, Mechanical Code and Fuel Gas Code address the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of plumbing systems, mechanical systems and fuel gas systems.

The Fire Code provides requirements for life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing buildings.

The Property Maintenance Code provides minimum requirements to safeguard public safety, health and general welfare insofar as they are affected by the occupancy and maintenance of structures and premises.

The Existing Building Code provides minimum requirements to safeguard public safety, health and general welfare insofar as they are affected by the repair, alteration, change of occupancy, addition and relocations of existing buildings.

The Uniform Code will also include additional provisions not included in Parts 1220 to 1227 and in the publications incorporated therein by reference. Those additional provisions will be contained in 19 NYCRR Part 1228. Part 1228 will be added by separate rule makings.

Amended rule as compared with adopted rule:

Nonsubstantive revisions were made in sections 1219.1, 1220.1, 1221.1, 1221.2(a), 1222.1, 1222.2(b), 1223.1, 1223.2(a), 1224.1, 1224.2(a), 1225.1, 1226.1, 1227.1 and 1227.2(c).

Additional matter required by statute:

At its meeting held at Albany, New York on December 12, 2007, the Code Council found and determined that making this rule amending the previously adopted rule effective immediately upon publication of the Amended Notice of Adoption in the State Register is necessary to protect health, safety and security.

Text of amended rule and any required statements and analyses may be obtained from:

Raymond Andrews, Department of State, 41 State St., Albany, NY 12231, [phone], e-mail: [e-mail]

Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement

This rule amends a previously adopted rule that amended the State Uniform Fire Prevention and Building Code (the “Uniform Code”) by repealing Parts 1220, 1221, 1222, 1223, 1224, 1225 and 1226 and adding new Parts 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226 and 1227 to Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York. Notice of Adoption of the previously adopted rule was published in the State Register on October 3, 2007. The effective date of the previously adopted rule is January 1, 2008.

The previously adopted rule incorporates by reference a number of publications, including the 2007 edition of the Residential Code of New York State (the “2007 RCNYS”), the 2007 edition of the Building Code of New York State (the “2007 BCNYS”), the 2007 edition of the Plumbing Code of New York State (the “2007 PCNYS”), the 2007 edition of the Mechanical Code of New York State (the “2007 MCNYS”), the 2007 edition of the Fire Code of New York State (the “2007 FCNYS”), the 2007 edition of the Property Maintenance Code of New York State (the “2007 PMCNYS”), and the 2007 edition of the Existing Building Code of New York State (the “2007 EBCNYS”). This rule makes nonsubstantive changes to the previously adopted rule, including nonsubstantive changes to certain provisions in the publications that were incorporated by reference in the previously adopted rule.

The nonsubstantive changes made to the rule text since publication of the Notice of Adoption include the following:

(1) 19 NYCRR section 1219.1 was amended to clarify that the Uniform Code includes the additional provisions set forth in part 1228, as well as the provisions set forth in Parts 1220 to 1227.

(2) 19 NYCRR sections 1220.1(a)(1), 1221.2(a), 1222.2(b), 1223.2(a), 1224.2(a), and 1227.2(c) were amended to clarify that the 2007 RCNYS applies to detached one- and two-family dwellings not more than three stories in height above grade with a separate means of egress, and their accessory structures.

(3) 2007 RCNYS Table R502.5(2), which was inadvertently omitted from the 2007 RCNYS, was added in 19 NYCRR section 1220.1(d)(1).

(4) Two erroneous entries in 2007 RCNYS Table R802.5.1(4) were corrected in 19 NYCRR section 1220.1(d)(2).

(5) An error in the caption of 2007 RCNYS section G2433 was corrected in 19 NYCRR section 1220.1(d)(3).

(6) An error in 2007 RCNYS section P2602.1.1 was corrected in 19 NYCRR section 1220.1(d)(4).

(7) Exceptions from the requirements of provision of a supply of potable water and provision of electrical power for owner occupied one-family dwellings, provided that the code enforcement official shall have approved such exceptions, which were inadvertently omitted from 2007 RCNYS sections P2901.1 and E3301.5, were added in 19 NYCRR sections 1220.1(d)(5) and 1220.1(d)(6).

(8) To provide uniform definitions of the term “swimming pool” throughout the Uniform Code, the definition in section AG102.1 of the 2007 RCNYS was amended in 19 NYCRR section 1220.1(d)(7); the definition in section 3109.2 of the 2007 BCNYS was amended in 19 NYCRR section 1221.1(d)(2); and the definition in section 202 of the 2007 PCNYS was amended in 19 NYCRR section 1222.1(c)(1).

(9) To provide provisions regarding gates in swimming pool enclosures as required by Executive Law section 378(14)(a), the provisions in section AG105.2 of 2007 RCNYS were amended in 19 NYCRR section 1220.1(d)(8); the provisions in section 3109.4.1.7 of the 2007 BCNYS were amended in 19 NYCRR section 1221.1(d)(3); and the provisions in section 303.3.8 of the 2007 PMCNYS were amended in 19 NYCRR section 1226.1(e)(1).

(10) An erroneous entry in Table 601 in the 2007 BCNYS was corrected in 19 NYCRR section 1221.1(d)(1).

(11) An error in section 411.1 of the 2007 PCNYS was corrected in 19 NYCRR section 1222.1(c)(2).

(12) Provisions relating to approved portable kerosene heaters, which were inadvertently omitted from the 2007 MCNYS, were added in 19 NYCRR section 1223.1(c)(1).

(13) An error in Table 503.4 in the 2007 FCNYS was corrected in 19 NYCRR section 1224.1(c)(1).

(14) A reference to standard NFPA 1142-2001 was added to the 2007 FCNYS in 19 NYCRR section 1225.1(c)(4).

(15) A reference to standard NFPA 96-2004 was added to the 2007 FCNYS in 19 NYCRR section 1225.1(c)(5).

(16) An error in section 508.2 of the 2007 FCNYS was corrected in 19 NYCRR section 1225.1(d)(1).

(17) An error in section 1028.11.3.1 of the 2007 FCNYS was corrected in 19 NYCRR section 1225.1(d)(2).

(18) An error in section 706.1 of the 2007 EBCNYS was corrected in 19 NYCRR section 1227.1(e)(1).

The original Regulatory Impact Statement, Regulatory Flexibility Analysis for Small Businesses and Local Governments, Rural Area Flexibility Analysis, and Job Impact Statement, or summaries thereof, relating to the previously filed rule were published in the State Register on January 10, 2007. A Revised Regulatory Impact Statement was previously prepared, and a Summary of the Revised Regulatory Impact Statement was published in the State Register on February 28, 2007. None of the nonsubstantive changes made to the previously adopted rule by this rule affects the issues addressed in the Regulatory Impact Statement, the Revised Regulatory Impact Statement, the Regulatory Flexibility Analysis for Small Businesses and Local Governments, the Rural Area Flexibility Analysis, or the Job Impact Statement; therefore, no further revision of the Regulatory Impact Statement is necessary and no revision of the Regulatory Flexibility Analysis for Small Businesses and Local Governments, Rural Area Flexibility Analysis, or Job Impact Statement is necessary.