DOS-02-07-00010-A Uniform Fire Prevention and Building Code
10/3/07 N.Y. St. Reg. DOS-02-07-00010-A
NEW YORK STATE REGISTER
VOLUME XXIX, ISSUE 40
October 03, 2007
RULE MAKING ACTIVITIES
DEPARTMENT OF STATE
NOTICE OF ADOPTION
I.D No. DOS-02-07-00010-A
Filing No. 1005
Filing Date. Sept. 14, 2007
Effective Date. Jan. 01, 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 9 NYCRR.
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 final rule:
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.
Final rule as compared with last published rule:
Nonsubstantive changes were made in sections 1220.1, 1221.1, 1222.1, 1223.1, 1224.1, 1225.1, 1226.1 and 1227.1.
Text of rule and any required statements and analyses may be obtained from:
Raymond J. Andrews, Department of State, 41 State St., Albany, NY 12231, (518) 474-4073, e-mail: Raymond.
Additional matter required by statute:
Executive Law section 378 (15)(b) authorizes the State Fire Prevention and Building Code Council (the Code Council) to provide that during the period between the adoption of changes to the Uniform Fire Prevention and Building Code (the Uniform Code) and the date on which such changes become effective, a person shall have the option of complying either with the provisions of the Uniform Code as changed or the provisions of the Uniform Code as they existed immediately prior to adoption of the change.
At its meeting held on September 11, 2007, the Code Council voted to adopt this rule amending the Uniform Code. The Code Council also voted to provide that during the transition period between the adoption of this rule and the date on which the changes made to the Uniform Code by this rule become effective, a person shall have the option of complying with either the provisions of the Uniform Code as changed by this rule or with the provisions of the Uniform Code as in effect immediately prior to the adoption of this rule. The Code Council also voted to direct that without regard to which version of the Uniform Code a person elects to comply with during the transition period, such person shall also be required, during the transition period, to comply with any and all other provisions of the Uniform Code which are adopted after the adoption of this rule and which become effective during the transition period.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
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.
Although nonsubstantive changes were made to the proposed rule prior to its adoption, these changes do not necessitate further revision of the Regulatory Impact Statement, and these changes do not necessitate revision of the Regulatory Flexibility Analysis for Small Businesses and Local Governments, Rural Area Flexibility Analysis or Job Impact Statement.
The nonsubstantive changes made to the rule text since publication of the Notice of Proposed Rule Making include the following:
(1) To clarify that a freeboard is to be added to the design flood elevation, the phrase “plus freeboard” was to four sections of the Sections R323.1.5, R323.2.1.1, R323.2.1.3 and R323.3.2.1 of the publication entitled Residential Code of New York State (RCNYS).
(2) To clarify that home occupations must meet all requirements for habitable space, “home occupation” was added to the definition of habitable space in Chapter 2 of the new RCNYS, and Condition 1 of Section RAJ102.5.1 of the new RCNYS was changed to read as follows: “1. The home occupation shall meet all requirements for habitable space and shall not exceed 15 percent of the floor area of the primary structure.”
(3) The address of the Truss Plate Institute, as stated in the RCNYS, was corrected.
(4) Notations were added to the margins in the publication entitled Existing Building Code of New York State (EBCNYS) to indicate places where the EBCNYS differs from the model International Existing Building Code.
(5) Section 2308 of the publication entitled Building Code of New York State (BCNYS) was modified so that the 10 feet height limitation applies to stud height as permitted in Table 2308.9.1, and to add a maximum floor-to-floor limitation of 11 feet 7 inches to accommodate floor framing and other construction features recognized in other code provisions.
(6) The address of the Truss Plate Institute, as stated in the BCNYS, was corrected.
(7) The reference standard mentioned in Section 3801.1 of the publication entitled Fire Code of New York State (FCNYS) was changed from the 2001 Edition of NFPA 58 to the 2004 Edition of NFPA 58. In addition, Section 3801.1 was changed to provide a phase-in period of four years for inspection of LP tanks.
(8) Section 611 of the FCNYS was changed to require carbon monoxide alarms in the occupancies specified in Executive Law Section 378(5-a), with the effective dates specified in Executive Law Section 378(5-a).
(9) An appendix which includes sketches and commentary relating to fittings was added to the publication entitled Plumbing Code of New York State (PCNYS).
(10) Additional minor corrections were made in the text of the previously mentioned publications (the RCNYS, EBCNYS, BCNYS, FCNYS and PCNYS), and minor corrections were made in the text of the publications entitled Mechanical Code of New York State (MCNYS), Fuel Gas Code of New York State (FGCNYS), and Property Maintenance Code of New York State (PMCNYS).
(11) Revised versions of the RCNYS, BCNYS, PCNYS, MCNYS, FGCNYS, FCNYS, PMCNYS and EBCNYS, reflecting the changes described in (1) to (10) above, were prepared, and the text of 19 NYCRR sections 1220.1, 1221.1, 1222.1, 1223.1, 1224.1, 1225.1, 1226.1, and 1227.1 was changed to reflect the incorporation by reference in those sections of the revised versions of the RCNYS, BCNYS, PCNYS, MCNYS, FGCNYS, FCNYS, PMCNYS and EBCNYS. In addition, typographical errors in the text of sections 1227.2(a) and 1227.2(f) were corrected, and the definition of “existing building” is section 1227.1(d) was changed to the definition set forth in the EBCNYS.
(12) The address of the publisher of the RCNYS, BCNYS, PCNYS, MCNYS, FGCNYS, FCNYS, PMCNYS and EBCNYS, as stated in 19 NYCRR sections 1220.1, 1221.1, 1222.1, 1223.1, 1224.1, 1225.1, 1226.1, and 1227.1, was corrected.
(13) Statements were added to 19 NYCRR sections 1220.1, 1221.1, 1222.1, 1223.1, 1224.1, 1225.1, 1226.1, and 1227.1 to indicate that those published standards which are denoted in the RCNYS, BCNYS, PCNYS, MCNYS, FGCNYS, FCNYS, PMCNYS and EBCNYS as being incorporated by reference into the NYCRR are so incorporated; to indicate that copies of such standards are available for inspection and copying at the office of the Department of State; to correct errors in the edition dates of certain of such standards; to specify the name and address of the publisher of one such standard (the name and address of such publisher not being specified in the RCNYS); and to indicate that one standard which is denoted in the FCNYS as being incorporated by reference into the NYCRR is not so incorporated.
None of these nonsubstantive changes 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 and, 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.
Summary of Assessment of Public Comment
Several comments supported the general approach taken in this rule making, viz., adoption of the 2003 model International Codes, with the New York modifications.
A comment supported the New York accessibility modifications in the Building Code of New York State and the Existing Building Code of New York State.
Comment 1: In section R323.1.3.3 of the new Residential Code of New York State (RCNYS), “freeboard” is required to be added to the design flood elevation or other elevation required. Freeboard is not referenced again in any other provision in section R323.
Response: To clarify that a freeboard is to be added to the design flood elevation, the phrase “plus freeboard” was to four sections of the RCNYS sections R323.1.5, R323.2.1.1, R323.2.1.3 and R323.3.2.1.
Comment 2: In footnote “a” for Table R802.5.1(1) in the RCNYS, and in footnote “a” of all of the following tables for rafter spans for common lumber species, the values “2/3 or greater” and “½” for HC/HR and their rafter span adjustment factors, should be removed as they do not exist in the 2006 International Residential Code (IRC). The chart for footnote “a” should be relocated to the same page as the table so as to be less confusing and easier to read for the end user.
Response: No changes were made to address this comment. The subject values in footnote “a” of Table R802.5.1(1), and in footnote “a” of all of the following tables for rafter spans for common lumber species, reflects the content of the 2003 IRC, upon which the new RCNYS is based. Table R802.5.1(1) and all of the following tables for rafter spans for common lumber species, occupies two pages, and the chart for footnote “a” in the new RCNYS will be in the same general location as is found in all versions of IRC.
Comment 3: New section RAJ102.5 in Appendix J of the new RCNYS, regarding Home Occupation, does not include a definition of home occupation.
Response: To clarify that home occupations must meet all requirements for habitable space, “home occupation” was added to the definition of habitable space in Chapter 2 of the RCNYS, and Condition 1 of RCNYS section RAJ102.5.1 was changed to read as follows: “1. The home occupation shall meet all requirements for habitable space and shall not exceed 15 percent of the floor area of the primary structure.”
Comment 4: Section R402.3 in the current version of the RCNYS provides that “approved precast concrete foundations shall be designed and installed in accordance with the provisions of this code and the manufacturer's installation instructions.” The provision is not included in the new RCNYS. The deletion of former section 402.3 negatively affects members of the National Precast Concrete Association, as well as New York State Precast Concrete Producers.
Response: No changes were made to address this comment. The deletion of Section R403.2 does not prohibit precast concrete foundation systems, since the code allows the use of foundations designed in accordance with accepted engineering practice.
Comment 5: The Uniform Code should reference the “most current edition” of the National Electrical Code (NEC); the new RCNYS should reference the 2005 NEC; and RCNYS Part VIII (Electrical) should deleted.
Response: No changes were made to address these comments. Existing laws relating to amendments of the Uniform Code do not permit automatic inclusion of future versions of a published standard, such as the NEC. The RCNYS does not prohibit use of the 2005 NEC, since compliance with another appropriate codes, in lieu of compliance with the prescriptive provisions of Chapters 4 through 42, is not prohibited. RCNYS section R103.3 also allows the use of the current version of the NEC. Finally, the presence of Part VIII in the RCNYS reflects the intent that the RCNYS be a comprehensive, stand-alone document.
Comment 6: The phrase “on all sheathable areas of all exterior walls, and interior braced wall lines, where required” in the first sentence in RCNYS section R602.10.5 should be deleted.
Response: No changes were made to address this comment. The requested change would not make clear that alternate approved methods of wall bracing may be used in other areas of the structure.
Comment 7: The address of the Truss Plate Institute, as stated in the RCNYS, is incorrect.
Response: The RCNYS was changed to include the correct address.
Comment 8: The standard referenced in RCNYS section R502.11.2 should be changed from “TPI, HIB” to “TPI/WTCA BCSI.”
Response: No changes were made to address this comment. “TPI, HIB” was the correct title of the standard when the 2003 ICC International Residential Code was published.
Comment 9: (1) Table R301.5 in the RCNYS should be updated with an accepted code change in the ICC 2006/2007 Code Development Cycle; requirements regarding the increase in dead load should be clarified and harmonized with the IBC footnote to Table 1607.1 and with BOCA requirements. (2) A parallel change in Section R802.10.6 should be made. (3) Editorial errors in in Table R301.5 and section R802.10.6 should be corrected.
Response: (1) No changes were made to address the first request. Footnotes in Table R301.5 were amended to address sections specific to ceiling joists and truss construction, which makes the footnotes substantially different than the IRC footnotes. The subcommittee elected to retain storage requirements regardless of insulation depth. (2) To address the second request, the table reference was corrected. (3) To address the third request, the following changes were made: (a) In Table R301.5, the footnote reference in the second row was designated as g (not b); the table reference has been corrected. (b) In Table R301.5, the section references of footnotes b and g were transposed; the references have been corrected. (c) In section R802.10.6, the reference to Table R301.4 has been changed to Table R301.5.
Comment 10: RCNYS section R301.3 (entitled “Story height”) specifies certain limits on story heights, each of which includes provision for “a height of floor framing not to exceed sixteen inches.” A comment was received requesting the addition of the following immediately after the first sentence in the above-quoted provision: “Floor framing height shall be permitted to exceed these limits provided the story height does not exceed 11′- 7″.”
Response: No changes were made to address this comment. The new RCNYS is based on the 2003 International Residential Code (IRC). The change requested by this comment is based on amendments to the 2006 IRC. This matter may be considered in the next code revision cycle.
Comment 11: Indications should be added to the Existing Building Code of New York State (EBCNYS) to show the New York modifications to the ICC International Existing Building Code (IEBC), so the reader can know how the EBCNYS differs from the IEBC.
Response: The EBCNYS now includes indications showing how it differs from the model IEBC.
Comment 12: Exempting most existing buildings constructed prior to 2003 from the seismic provisions of the EBCNYS does not serve the public interest. Seismic engineers should be included as voting members of the technical subcommittee during the next review cycle.
Response: No changes were made to address this comment. The issue of seismic provision applicability was presented to the technical subcommittee at four subcommittee meetings. Seismic engineers made presentations to the subcommittee before it voted to exclude most existing buildings from the requirements.
Comment 13: Section 1612 of the new Building Code of New York State (BCNYS), which also regulates residential construction, does not mention “freeboard” (as found in the new RCNYS), or require a higher design flood elevation.
Response: No changes were made to address this comment. The design and construction of buildings in flood hazard areas must be in compliance with reference standard ASCE/SEI 24. Compliance with ASCE/SEI 24 replaces the lesser, prescriptive requirements found in the new RCNYS, including “freeboard.”
Comment 14: Footnote B in Table 1604.5 in the BCNYS reduces the wind factor (Iw) in hurricane prone regions, where the basic wind speed V is greater than 100 mph (V > 100), from 0.87 to 0.77
Response: No changes were made to address this comment. The wind factors are identical to those which first appeared in the ASCE 7-98, Minimum Design Loads for Buildings and other Structures.
Comment 15: BCNYS section 1504.5 should be modified so as not to require the edge securement for low-slope membrane roof systems be designed in accordance with ANSI/SPRI ES-1. The new BCNYS does not accommodate historic buildings where unique detailing may not meet the ES-1 standard.
Response: No changes were made to address these comments. The current code has required low-slope membrane roof systems metal edge securement to be designed in accordance with ANSI/SPRI ES-1 since it became effective on January 1, 2003; the only proposed changes to Section 1504.5 are (1) to clarify that it does not apply to gutters and (2) to reflect the update of ES-1 from the 1998 edition to the 2003 edition. EBCNYS section 1002.1 allows repairs of existing buildings with original or like materials and original methods of construction; therefore, BCNYS section 1504.5 should not affect historic buildings.
Comment 16: Item #2 of BCNYS section 2308 should be modified to allow the floor-to-floor height to be 11′ 7″, and maximum stud height to be 10′.
Response to Comment 16: Section 2308 was modified so that the 10′ height limitation applies to stud height, as permitted in Table 2308.9.1, and to add a maximum floor-to-floor limitation of 11′ 7″ to accommodate floor framing and other construction features recognized in other code provisions.
Comment 17: The address of the Truss Plate Institute, as stated in the BCNYS, is incorrect.
Response: The BCNYS was changed to include the correct address.
Comment 18: The new Fire Code of New York State (FCNYS) should be amended to remove the exception that allows fire extinguishers to be substituted with an automatic sprinkler system with quick response heads in assembly, business, and educational occupancies (Groups A, B and E, respectively).
Response: No changes were made to address these comments. This exception is part of the current edition of the FCNYS, and has been part of the ICC's model International Fire Code since its inception in 2000
Comment 19: FCNYS section 3801.1 should be amended to reflect the 2004 Edition of NFPA 58, and the FCNYS should be amended to include a phase-in period for the re-certification requirements for stationary liquefied petroleum gas (propane) cylinders.
Response: To address these comments, the reference standard mentioned in FCNYS section 3801.1 was changed from the 2001 Edition of NFPA 58 to the 2004 Edition of NFPA 58, and FCNYS section 3801.1 was changed to provide a phase-in period of four years.
Comment 20: The elimination from FCNYS section 508 of the requirement to provide fire hydrants for one- and two-family dwellings is detrimental to the operation of fire departments that are in response areas fully protected by fire hydrants.
Response: No changes were made to address these comments. Under the current FCNYS, if a municipal water system is accessible to the premises, a hydrant must always be provided within 400 feet (or 600 feet in some cases), without regard to the level of hazard. It is illogical that a one-family dwelling being constructed with no municipal water supply is not required to have any fire hydrants, while an identical one-family dwelling being constructed in an area accessible to a municipal water supply may be required to add more hydrants.
Comment 21: Comment was received supporting the requirements in FCNYS section 611 for carbon monoxide alarms in multi-family dwellings.
Response: Requirements for carbon monoxide alarms must comply with Executive Law section 378(5-a). Therefore, FCNYS section 611 was changed to apply to the occupancies specified in the Executive Law, with the effective dates specified in Executive Law.
Comment 22: A comment requested added clarifications for fitting shapes and names in the Plumbing Code of New York State (PCNYS).
Response: Sketches with commentary were added in an appendix.
