DOS-40-16-00029-EP Signs on Buildings Utilizing Truss Type, Pre-Engineered Wood or Timber Construction

10/5/16 N.Y. St. Reg. DOS-40-16-00029-EP

NEW YORK STATE REGISTER

VOLUME XXXVIII, ISSUE 40

October 05, 2016

RULE MAKING ACTIVITIES

DEPARTMENT OF STATE

EMERGENCY/PROPOSED RULE MAKING

HEARING(S) SCHEDULED

 

I.D No. DOS-40-16-00029-EP

Filing No. 889

Filing Date. Sept. 20, 2016

Effective Date. Oct. 03, 2016

Signs on Buildings Utilizing Truss Type, Pre-Engineered Wood or Timber Construction

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

Proposed Action:

Amendment of sections 1264.4(b), (e), 1265.3(c), (d), (h), (j), (k), 1265.5(e)(3)(i) and (ii) of Title 19 NYCRR.

Statutory authority:

Executive Law, sections 382-a and 382-b

Finding of necessity for emergency rule:

Preservation of public safety and general welfare.

Specific reasons underlying the finding of necessity:

This rule is adopted by the State Fire Prevention and Building Code Council (the “Code Council”) as an emergency measure to preserve public safety and general welfare and because time is of the essence.

19 NYCRR Part 1264 (“Part 1264”) and 19 NYCRR Part 1265 (“Part 1265”) implement Executive Law § 382-a and Executive Law § 382-b, respectively. Part 1264 requires placement of a sign or symbol on commercial structures that utilize truss-type construction. Part 1265 requires placement of a sign or symbol on residential structures that utilize truss-type, pre-engineered wood or timber construction.

Parts 1264 and 1265 currently include references to provisions in the current version of the State Uniform Fire Prevention and Building Code (the “Uniform Code”). The Code Council recently approved a rule that amends and updates the Uniform Code. The amended and updated Uniform Code will become effective on October 3, 2016.

This rule amends Parts 1264 and 1265. Under this rule, existing references in Parts 1264 and 1265 to provisions in the current version of the Uniform Code will be changed to references to the corresponding provisions in the amended and updated version of the Uniform Code that will become effective on October 3, 2016. This rule makes no substantive changes to Part 1264 or Part 1265.

Adoption of this rule on an emergency basis is necessary to preserve public safety because (1) in the absence of this rule, the existing references in Parts 1264 and 1265 to provisions in the current version of the Uniform Code will become obsolete on October 3, 2016, when the amended and updated version of the Uniform Code becomes effective, and (2) a non-emergency rule cannot be proposed and adopted prior to October 3, 2016. Amending Parts 1264 and 1265 in the manner contemplated by this rule prior to October 3, 2016 is necessary to minimize confusion on the part of regulated parties who need to comply with Parts 1264 and 1265 and the authorities having jurisdiction responsible for enforcing Parts 1264 and 1265.

Subject:

Signs on buildings utilizing truss type, pre-engineered wood or timber construction.

Purpose:

The purpose of this rule is to amend Parts 1264 and 1265 of Title 19 NYCRR in the manner required to reflect the recently approved rule that amends and updates the State Uniform Fire Prevention and Building Code (the Uniform Code). The amended and updated version of the Uniform Code will become effective on October 3, 2016. Under this rule, existing references in Parts 1264 and 1265 to provisions in the current version of the Uniform Code will be changed to references to the corresponding provisions in the amended and updated version of the Uniform Code.

Public hearing(s) will be held at:

10:00 a.m., November 21, 2016 at Department of State, 99 Washington Ave., Rm. 505, Albany, NY.

Interpreter Service:

Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.

Accessibility:

All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.

Text of emergency/proposed rule:

Subdivision (b) of section 1264.4 of Title 19 NYCRR is amended to read as follows:

(b) Signs shall be affixed where a building or a portion thereof is classified as Group A, B, E, F, H, I, M or S occupancy, and in hotels and motels classified as Group R-1 or R-2 occupancy, in accordance with the provisions for the classification of buildings set forth in chapter 3 of the [Building Code of New York State (see Part 1221 of this Title)] 2015 International Building Code, as amended by the 2016 Uniform Code Supplement (said publications being incorporated by reference in Part 1221 of this Title).

Subdivision (e) of section 1264.4 of Title 19 NYCRR is amended to read as follows:

(e) Signs identifying the existence of truss construction shall contain the roman alphanumeric designation of the construction type of the building, in accordance with the provisions for the classification of types of construction set forth in section 602 of the [Building Code of New York State (see Part 1221 of this Title)] 2015 International Building Code, as amended by the 2016 Uniform Code Supplement (said publications being incorporated by reference in Part 1221 of this Title), and an alphabetic designation for the structural components that are of truss construction, as follows:

“F” shall mean floor framing, including girders and beams

“R” shall mean roof framing

“FR” shall mean floor and roof framing

The construction type designation shall be placed at the 12 o’clock position over the structural component designation, which shall be placed at the six o’clock position.

Subdivisions (c), (d), (h), (j), and (k) of section 1265.3 of Title 19 NYCRR are amended to read as follows:

(c) [BCNYS] IBC. The term [BCNYS] IBC shall mean the [publication which is entitled Building Code of New York State and which is incorporated by reference in Part 1221 of this Title] 2015 International Building Code, as amended by the 2016 Uniform Code Supplement (said publications being incorporated by reference in Part 1221 of this Title).

(d) Electric box. The term electric box shall mean the box, if any, mounted on the exterior of the residential structure at the [service point (as that term is defined in section E3401 of the RCNYS)] point of connection between the facilities of the serving utility and the premises wiring.

(h) [RCNYS] IRC. The term [RCNYS] IRC shall mean the [publication which is entitled Residential Code of New York State and which is incorporated by reference in Part 1220 of this Title] 2015 International Residential Code, as amended by the 2016 Uniform Code Supplement (said publications being incorporated by reference in Part 1220 of this Title).

(j) Residential structure. The term residential structure shall include one-family dwellings, two-family dwellings, and townhouses (as those terms are defined in the [publication entitled RCNYS] IRC) and structures or portions of structures classified as residential group R in accordance with chapter 3 of the [BCNYS] IBC (excluding, however, hotels and motels which are classified as group R-1 or R-2 occupancy in accordance with chapter 3 of the [BCNYS] IBC and which are subject to the provisions of Part 1264 of this Title).

(k) Timber construction. The term timber construction shall mean construction that uses, for any load-supporting purpose(s), solid or laminated wood having the minimum dimensions required for structures built using type IV construction (HT) in accordance section 602.4 of the [BCNYS] IBC.

Subparagraphs (i) and (ii) of paragraph (3) of subdivision (e) of section 1265.5 of Title 19 NYCRR are amended to read as follows:

(i) if the residential structure is subject to the provisions of the [RCNYS] IRC, the construction type designation shall be “V”; and

(ii) if the residential structure is subject to the provisions of the [BCNYS] IBC, the construction type designation shall be “I”, “II”, “III”, “IV” or “V” to indicate the construction classification of the structure under section 602 of the [BCNYS] IBC.

This notice is intended:

to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire December 18, 2016.

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

Joseph Ball, Department of State, 99 Washington Ave., Suite 1120, Albany, NY 12231-0001, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

Five days after the last scheduled public hearing.

This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.

Regulatory Impact Statement

1. STATUTORY AUTHORITY AND LEGISALTIVE OBJECTIVES

19 NYCRR Part 1264 (“Part 1264”) and 19 NYCRR Part 1265 (“Part 1265”) implement Executive Law § 382-a and Executive Law § 382-b, respectively. Part 1264 requires placement of a sign or symbol on commercial structures that utilize truss-type construction. Part 1265 requires placement of a sign or symbol on residential structures that utilize truss-type, pre-engineered wood or timber construction.

The Legislative objectives of Executive Law § 382-a include providing for the placement and maintenance of a sign or symbol on the exterior of commercial structures that utilize truss-type construction to provide notice to firefighters and other first responders of the existence of truss construction in the structure. The Legislative objectives of Executive Law § 382-b include (1) providing a means of notifying a local code enforcement official when truss type, pre-engineered wood or timber construction is to be utilized in the construction of a new residential structure or in the addition to or rehabilitation of an existing residential structure; (2) providing for the placement and maintenance of a sign or symbol on the exterior of such residential structures to provide notice to firefighters and other first responders that one or more of those construction types have been used; and (3) providing for communication and coordination between and among code enforcement officials, fire departments, and emergency dispatch personnel for the purpose of providing warning to firefighters and other first responders that one or more of those construction types have been used.

Part 1264 and Part 1265 include references to certain provisions in the State Uniform Fire Prevention and Building Code (the “Uniform Code”). The State Fire Prevention and Building Code Council (the “Code Council”) recently approved a rule amending and updating the Uniform Code. That rule will become effective on October 3, 2016.

This rule amends Parts 1264 and Part 1265. Under this rule, references in Parts 1264 and 1265 to provisions in the current version of the Uniform Code will be changed to references to the corresponding provisions in the updated version of the Uniform Code that will take effect on October 3, 2016. This rule makes no substantive changes to Part 1264 or Part 1265.

This rule will assure that the Legislative objectives of Executive Law §§ 382-a and 382-b will continue to be achieved after the effective date of the updated version of the Uniform Code.

2. NEEDS AND BENEFITS

Under this rule, references in Parts 1264 and 1265 to provisions in the current version of the Uniform Code will be changed to references to the corresponding provisions in the updated version of the Uniform Code that will take effect on October 3, 2016. In the absence of this rule, the references in Parts 1264 and 1265 to provisions in the current version of the Uniform Code will become obsolete on October 3, 2016, when the amended and updated version of the Uniform Code becomes effective. This rule will minimize confusion on the part of regulated parties who must comply with Parts 1264 and 1265 and on the part of local governments that must enforce Parts 1264 and 1265. This rule will assure that the Legislative objectives of Executive Law §§ 382-a and 382-b will continue to be achieved after the effective date of the updated version of the Uniform Code.

3. COSTS

A. Regulated Parties

Under the current version of Part 1264, a regulated party who chooses to use truss-type construction in a commercial building is required to affix a sign or symbol of the type prescribed by Part 1264 on the building and to pay a $50 fee to the authority having jurisdiction. This rule makes no changes to these requirements. This rule imposes no new requirements and imposes no new costs.

Under the current version of Part 1265, a regulated party who chooses to use truss type, pre-engineered wood or timber construction in the construction of a new residential structure or the addition to or rehabilitation of an existing residential structure is required to file a form of the type prescribed by Part 1265 with the local code enforcement official notifying that official of the use of truss type, pre-engineered wood or timber construction in the structure; to pay any fee charged by the authority having jurisdiction for processing that form; to affix a sign or symbol of the type prescribed by Part 1265 on the structure; and to maintain that sign or symbol. This rule makes no changes to these requirements. This rule imposes no new requirements and imposes no new costs.

B. Department of State, the State, and Local Governments

This rule will impose no new requirements on the Department of State (“DOS”), the State of New York, or local governments in the State. DOS does not anticipate that DOS, the State of New York, or local governments in this State will incur any additional costs for the implementation of, and continued administration of, this rule.

4. PAPERWORK

This rule imposes no new paperwork requirements.

5. LOCAL GOVERNMENT MANDATES

This rule imposes no new mandates on local government.

6. DUPLICATION

This rule does not duplicate any rule or other legal requirement of the State or Federal government known to DOS.

7. ALTERNATIVES

No significant alternatives to this rule were considered by DOS. DOS believes that the provisions of this rule are necessary to assure that assure that Parts 1264 and 1265 will continue to achieve the Legislative objectives of Executive Law §§ 382-a and 382-b after the effective date of the updated version of the Uniform Code.

8. FEDERAL STANDARDS

This rule does not exceed any minimum standards of the Federal government for the same or similar subject areas known to DOS.

9. COMPLIANCE SCHEDULE

DOS anticipates that regulated parties will be able to comply with this rule immediately.

Regulatory Flexibility Analysis

1. TYPES AND NUMBER OF SMALL BUSINESSES AND LOCAL GOVERNMENTS TO WHICH THE RULE WILL APPLY:

19 NYCRR Part 1264 (“Part 1264”) and 19 NYCRR Part 1265 (“Part 1265”) implement Executive Law § 382-a and Executive Law § 382-b, respectively. Part 1264 requires placement of a sign or symbol on commercial structures that utilize truss-type construction. Part 1265 requires placement of a sign or symbol on residential structures that utilize truss-type, pre-engineered wood or timber construction.

Parts 1264 and 1265 apply in all parts of the State except New York City. Therefore, Parts 1264 and 1265 currently apply to all small businesses and all local governments that construct commercial structures that utilize truss-type construction in any part of the State except New York City, and to all small businesses and all local governments that utilize truss-type, pre-engineered wood or timber construction in the construction of new residential buildings, or the addition to or rehabilitation of existing residential structures, in any part of the State except New York City.

In addition, local governments are required to enforce Part 1264 and Part 1265. Therefore, Parts 1264 and 1265 currently apply to all or most of the local governments in the State other than New York City.

Parts 1264 and 1265 currently include references to provisions in the current version of the State Uniform Fire Prevention and Building Code (the “Uniform Code”). The State Fire Prevention and Building Code Council (the “Code Council”) recently approved a rule that amends and updates the Uniform Code. The amended and updated Uniform Code will become effective on October 3, 2016.

This rule amends Parts 1264 and 1265. Under this rule, existing references in Parts 1264 and 1265 to provisions in the current version of the Uniform Code will be changed to references to the corresponding provisions in the amended and updated version of the Uniform Code that will become effective on October 3, 2016. This rule makes no substantive changes to Part 1264 or Part 1265.

Small businesses and local governments that are currently subject to Part 1264 and Part 1265 will continue to be subject to Part 1264 and Part 1265 as amended by this rule.

This rule will apply to all small businesses and local governments that are currently subject to Part 1264 and Part 1265.

2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS:

Under this rule, existing references in Parts 1264 and 1265 to provisions in the current version of the Uniform Code will be changed to references to the corresponding provisions in the amended and updated version of the Uniform Code that will become effective on October 3, 2016.

This rule makes no substantive changes to Part 1264 or Part 1265.

This rule imposes no new reporting, recordkeeping or other compliance requirement on small businesses or local governments.

3. PROFESSIONAL SERVICES:

Under this rule, existing references in Parts 1264 and 1265 to provisions in the current version of the Uniform Code will be changed to references to the corresponding provisions in the amended and updated version of the Uniform Code that will become effective on October 3, 2016.

This rule makes no substantive changes to Part 1264 or Part 1265.

This rule creates no new need for professional services.

4. COMPLIANCE COSTS:

Under this rule, existing references in Parts 1264 and 1265 to provisions in the current version of the Uniform Code will be changed to references to the corresponding provisions in the amended and updated version of the Uniform Code that will become effective on October 3, 2016.

This rule makes no substantive changes to Part 1264 or Part 1265.

This rule imposes no new initial capital costs of complying with Parts 1264 and 1265. This rule will not result in any variation in initial capital costs of complying with Parts 1264 and 1265 for small businesses or local governments of different types and/or of differing sizes.

This rule imposes no new annual costs of complying with Parts 1264 and 1265 on small businesses or local governments. This rule will not result in any variation in annual costs of complying with Parts 1264 and 1265 for small businesses or local governments of different types and/or of differing sizes.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The Department of State believes that it has been economically and technologically feasible for regulated parties to comply with the existing Parts 1264 and 1265, that no substantial capital expenditures have imposed by existing Parts 1264 and 1265, and that it has not been necessary to develop new technology for compliance with existing Parts 1264 and 1265.

Under this rule, existing references in Parts 1264 and 1265 to provisions in the current version of the Uniform Code will be changed to references to the corresponding provisions in the amended and updated version of the Uniform Code that will become effective on October 3, 2016. This rule makes no substantive changes to Part 1264 or Part 1265.

Therefore, the Department of State believes that it will continue to be economically and technologically feasible for regulated parties to comply with Parts 1264 and 1265 as amended by this rule, that no substantial capital expenditures are imposed by Parts 1264 and 1265 as amended by this rule, and that it will not be necessary to develop new technology for compliance with Parts 1264 and 1265 as amended by this rule.

6. MINIMIZING ADVERSE IMPACT:

Under this rule, existing references in Parts 1264 and 1265 to provisions in the current version of the Uniform Code will be changed to references to the corresponding provisions in the amended and updated version of the Uniform Code that will become effective on October 3, 2016.

This rule makes no substantive changes to Part 1264 or Part 1265. This rule will have no adverse impact on small businesses and local governments.

Approaches such as establishing differing compliance or reporting requirements or timetables that take into account the resources available to small businesses and local governments and/or providing exemptions from coverage by the rule, or by any part thereof, for small businesses and local governments were not considered because doing so (1) is not authorized by Executive Law § 382-a or by Executive Law § 382-b and (2) would endanger the public safety and general welfare.

7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION:

The Department of State gave small business and local governments an opportunity to participate in this rule making by publishing a notice regarding this rule in Building New York, a monthly electronic news bulletin covering topics related to the Uniform Code and the construction industry which is prepared by the Department of State and which is currently distributed to approximately 10,000 subscribers, including local governments, design professionals and others involved in all aspects of the construction industry.

Rural Area Flexibility Analysis

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS.

19 NYCRR Part 1264 (“Part 1264”) and 19 NYCRR Part 1265 (“Part 1265”) implement Executive Law § 382-a and Executive Law § 382-b, respectively. Part 1264 requires placement of a sign or symbol on commercial structures that utilize truss-type construction. Part 1265 requires placement of a sign or symbol on residential structures that utilize truss-type, pre-engineered wood or timber construction.

Parts 1264 and 1265 apply in all parts of the State except New York City. Therefore, Parts 1264 and 1265 apply in all rural areas of the State.

Parts 1264 and 1265 currently include references to provisions in the current version of the State Uniform Fire Prevention and Building Code (the “Uniform Code”). The State Fire Prevention and Building Code Council (the “Code Council”) recently approved a rule that amends and updates the Uniform Code. The amended and updated Uniform Code will become effective on October 3, 2016.

This rule amends Parts 1264 and 1265. Under this rule, existing references in Parts 1264 and 1265 to provisions in the current version of the Uniform Code will be changed to references to the corresponding provisions in the amended and updated version of the Uniform Code that will become effective on October 3, 2016. This rule makes no substantive changes to Part 1264 or Part 1265.

Since Parts 1264 and 1265 apply in all rural areas of the State, and since this rule amends Parts 1264 and 1265, this rule will apply in all rural areas of the State.

2. REPORTING, RECORDKEEPING, AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES.

Under this rule, existing references in Parts 1264 and 1265 to provisions in the current version of the Uniform Code will be changed to references to the corresponding provisions in the amended and updated version of the Uniform Code that will become effective on October 3, 2016.

This rule makes no substantive changes to Part 1264 or Part 1265.

This rule imposes no new reporting, recordkeeping or other compliance requirement.

This rule creates no new need for professional services in any rural area.

3. COSTS.

Under this rule, existing references in Parts 1264 and 1265 to provisions in the current version of the Uniform Code will be changed to references to the corresponding provisions in the amended and updated version of the Uniform Code that will become effective on October 3, 2016.

This rule makes no substantive changes to Part 1264 or Part 1265.

This rule imposes no new initial capital costs of complying with Parts 1264 and 1265. This rule will not result in any variation in initial capital costs of complying with Parts 1264 and 1265 for different types of public and private entities in rural areas.

This rule imposes no new annual costs of complying with Parts 1264 and 1265. This rule will not result in any variation in annual costs of complying with Parts 1264 and 1265 for different types of public and private entities in rural areas.

4. MINIMIZING ADVERSE IMPACT.

Under this rule, existing references in Parts 1264 and 1265 to provisions in the current version of the Uniform Code will be changed to references to the corresponding provisions in the amended and updated version of the Uniform Code that will become effective on October 3, 2016.

This rule makes no substantive changes to Part 1264 or Part 1265. This rule will have no adverse impact on rural areas or on any other area in the State.

Establishing different compliance requirements for public and private sector interests in rural areas and/or providing exemptions from coverage by the rule for public and private sector interests in rural areas was not considered because doing so (1) is not authorized by Executive Law § 382-a and Executive Law § 382-b and (2) would endanger the public safety and general welfare.

5. RURAL AREA PARTICIPATION.

The Department of State notified interested parties throughout the State, including interested parties in rural areas, of the proposed adoption of this rule by means of a notice published in Building New York, a monthly electronic news bulletin covering topics related to the Uniform Code and the construction industry which is prepared by the Department of State and which is currently distributed to approximately 10,000 subscribers, including local governments, design professionals and others involved in all aspects of the construction industry.

Job Impact Statement

The Department of State has concluded after reviewing the nature and purpose of the rule that it will not have a “substantial adverse impact on jobs and employment opportunities” (as that term is defined in section 201-a of the State Administrative Procedures Act) in New York.

This rule amends Parts 1264 and 1265 of Title 19 of the NYCRR. Parts 1264 and 1265 implement Executive Law § 382-a and Executive Law § 382-b, respectively. Part 1264 requires placement of a sign or symbol on commercial structures that utilize truss-type construction. Part 1265 requires placement of a sign or symbol on residential structures that utilize truss-type, pre-engineered wood or timber construction.

Parts 1264 and 1265 currently include references to provisions in the current version of the State Uniform Fire Prevention and Building Code (the “Uniform Code”). The State Fire Prevention and Building Code Council (the “Code Council”) recently approved a rule that amends and updates the Uniform Code. The amended and updated Uniform Code will become effective on October 3, 2016.

Under this rule, existing references in Parts 1264 and 1265 to provisions in the current version of the Uniform Code will be changed to references to the corresponding provisions in the amended and updated version of the Uniform Code that will become effective on October 3, 2016.

This rule makes no substantive changes to Part 1264 or Part 1265. This rule imposes no new reporting, recordkeeping or other compliance requirement on regulated parties, the State or local governments. This rule creates no new need for professional services. This rule imposes no new initial capital costs of complying with Parts 1264 and 1265. This rule imposes no new annual costs of complying with Parts 1264 and 1265. The Department of State believes that it will continue to be economically and technologically feasible for regulated parties to comply with Parts 1264 and 1265 as amended by this rule, that no substantial capital expenditures are imposed by Parts 1264 and 1265 as amended by this rule, and that it will not be necessary to develop new technology for compliance with Parts 1264 and 1265 as amended by this rule.

Therefore, this rule should have no substantial adverse impact on the cost of obtaining a building permit, constructing a new commercial structure, constructing a new residential structure, adding to or rehabilitating an existing residential structure, or obtaining a certificate of occupancy or a certificate of compliance. Consequently, this rule should have no substantial adverse impact on jobs and employment opportunities related to construction of new commercial structures utilizing truss type construction; construction of new residential structures utilizing truss type construction, pre-engineered wood construction and/or timber construction; or additions to or rehabilitations of existing residential structures utilizing truss type construction, pre-engineered wood construction and/or timber construction.