This regulatory impact statement, regulatory flexibility analysis, rural area flexibility analysis and/or job impact statement
pertain(s) to a notice of proposed rule making, I.D. No. DOS-02-07-00010-P, printed in the State Register on Jan. 10, 2007.
Summary of Revised Regulatory Impact Statement
1. STATUTORY AUTHORITY
Article 18 of the Executive Law entitled, the New York State Uniform Fire Prevention and Building Code Act establishes the State Fire Prevention and Building Code Council (hereinafter “Code Council”) and authorizes such council to formulate a code to be known as the Uniform Fire Prevention and Building Code (hereinafter “Uniform Code”). Executive Law '377 directs that the Uniform Code shall provide reasonably uniform standards and requirements for construction and construction materials for public and private buildings, including factory manufactured homes, consonant with accepted standards of engineering and fire prevention practices.
Executive Law § 378 provides that the Uniform Code shall address certain specified subjects. The subjects are listed in the full Revised Regulatory Impact Statement (the “Revised RIS”).
Executive Law § 377 (1) specifically states that the Code Council may amend particular provisions of the Uniform Code and shall periodically review the entire code to assure that it effectuates the purposes of Article 18 of the Executive Law. This rule making would repeal the existing text of the Uniform Code which is based on the 2001 versions of model International Codes (and 2001 supplements thereto), and replace it with new text which is based upon the 2003 International Code, eight individual model codes developed and published by the International Code Council (the “ICC”), a national building officials organization. Although the existing text of the Uniform Code is to be repealed, much of the new code text will essentially be a recodification of current Uniform Code provisions but with appropriate modification to accommodate advances in construction technology.
2. LEGISLATIVE OBJECTIVES
When the State Legislature adopted Article 18 of the Executive Law in 1981, it declared in Executive Law '371(2) that it shall be the public policy of the State of New York to provide for promulgation of a Uniform Code addressing building construction and fire prevention in order to provide a basic minimum level of protection to all people of the State from the hazards of fire and inadequate building construction. The Code Council was assigned the task of formulating the Uniform Fire Prevention and Building Code which took effect January 1, 1984. However, in the years following 1984, the Uniform Code did not keep pace with the evolving technology of fire prevention and building construction. Furthermore, as the rest of the nation moved to using a nationally accepted set of model codes, New York continued to maintain the separate identity of its building and fire prevention code. This changed in January of 2003, when New York repealed its entire code and replaced it with a new code based primarily on the 2000 edition of the International Codes.
The Uniform Code adopted in 2003 was based on model International Codes, and represented the first major revision of the Uniform Code since its inception in January 1984. This rule making would adopt new text for the Uniform Code, and would constitute the first major update of the International Code-based version of the Uniform Code. The Code Council has concluded that this rule making would further the purposes, objectives and standards of Article 18.
By repealing the existing text of the Uniform Code and replacing it with an update based primarily upon newer versions of model International Codes developed and published by the ICC, the Code Council seeks to better effectuate the purposes, objectives, and standards set forth in Article 18 of the Executive Law.
3. NEEDS AND BENEFITS
The purpose of this rule making is to adopt new provisions for the Uniform Fire Prevention and Building Code. This change is necessary if New York State is to remain competitive with the rest of the nation in matters involving building construction while at the same time providing an adequate level of safety to its residents. It is also necessary if New York State wishes to keep pace with evolving technology concerning fire prevention and building construction and to have a building and fire prevention code which is consistent with nationally accepted model codes. The benefits to be derived from the rule making will be the creation of an enhanced economic atmosphere in which building construction is encouraged.
The Needs and Benefits of significant provisions of the Uniform Code are discussed in Item #3 in the full Revised RIS.
4. COSTS
a. Cost to Regulated Parties for the Implementation of and Continuing Compliance with the Proposed Rule.
This rule making seeks to implement performance based regulatory requirements providing regulated parties more alternatives to protect the occupants and users of buildings while at the same time fulfilling programmatic space needs in the most cost-effective manner.
It is anticipated that regulated parties will not typically see significant changes in costs of construction as a result of this proposed rule making. Certain proposals discussed in the full Revised RIS will increase the cost of construction in some cases. However, for the most part such cost increases will be attributable to new life safety requirements to be added to the Uniform Code by this rule making.
Regulated parties will incur costs if they wish to obtain copies of the eight codes which will comprise the Uniform Code as revised by this rule making. It is expected that the cost of an entire set of these eight code books will be approximately $349.
b. Costs to the Agency, the State and Local Governments for the Implementation and Continuation of the Rule.
It is anticipated that the State and local governments will not typically see significant changes in costs of construction as a result of this proposed rule making. While certain proposed changes will increase the construction costs in some cases, for the most part such cost increases will be attributable to new life safety requirements to be added to the Uniform Code by this rule making.
It is not anticipated that this rule will place any greater burden on local governments with respect to their code administration and enforcement responsibilities. Local government personnel will require training in the details of this rule. The Department of State, Division of Code Enforcement and Administration has a program in place for training local government code enforcement officials.
The Department of State proposes to enter into a contract with the ICC under which the ICC will provide (1) a license to modify the model codes and to use the modified model code as the new Uniform Code (and the new State Energy Code), (2) 4,500 sets of the new codes books for local governments, local governmental officials, and Department of State staff, and (3) examinations and related study materials leading to certification of Department of State staff in a variety of code-enforcement related categories. The contract would also grant the Department of State the option to purchase annual governmental memberships in the ICC for approximately 1,600 local governments in New York State for three years. The sums to be paid under this proposed contract total approximately $1,638,000 over three years, and represent a cost to the Department of State and the State. (This total cost includes approximately $159,110 per year for the optional purchase of governmental memberships, and will be reduced if the Department of State elects not to exercise its option for any of the three years covered by the contract.)
5. LOCAL GOVERNMENT MANDATES
This rule making will not impose any program, service, duty or responsibility specifically upon counties, cities, towns, villages, school districts, fire districts or other special districts. If any of these governmental entities were to undertake the construction of a building or structure, however, the construction process would be subject to the provisions of the proposed rule. Similarly, existing buildings and structures owned or under the control of local government entities are potentially subject to maintenance or fire prevention provisions of the Uniform Code.
6. PAPERWORK
This rule will not impose any additional reporting or record keeping requirements. No additional paperwork is anticipated.
7. DUPLICATION
The Uniform Code provides standards for the construction and maintenance of buildings and structures and for the protection of buildings and structures and their occupants from the hazards of fire. These are matters for which the federal government does not impose comprehensive requirements. The federal government has addressed the topic of accessible and usable facilities for the physically disabled, however, through adoption of the Americans with Disabilities Act (ADA) and the Fair Housing Act. The new text proposed for the Uniform Code also requires accessibility to buildings and structures for the physically disabled. Although the existence of federal and state standards may raise issues of overlap or conflict, no such overlap or conflict exists with this proposed rule.
Several State agencies have promulgated regulations which impose requirements upon buildings or structures which house activities which are licensed or regulated by the particular agency. Such regulations may impose an additional layer of regulation upon the construction, maintenance, or use of certain categories of buildings. These other regulations, however, are focused upon activities or occupants regulated or protected by the particular State agency and have been promulgated pursuant to statutory authority other than Article 18 of the Executive Law.
The version of the Uniform Code to be adopted by this rule making will include an index listing all state agencies that have building code related regulations.
This rule making will also add the Existing Building Code, which will be based on the 2003 edition of the model existing building code published by the ICC. The code requirements for existing buildings currently found in Appendix K of the Building Code. Now, with this proposal, New York will be adding the ICC Existing Building Code, with modifications appropriate to New York, to the other seven 2003 ICC based codes as a basis for the Uniform Code.
8. ALTERNATIVES
It is the policy of the Department of State to modernize and amend the Uniform Code, so as to maintain consistency with the national model codes, to keep building practices in New York State consistent with practice nationally, and to incorporate new technical developments in a timely manner. Consequently, the alternative of maintaining existing provisions of the Uniform Code was rejected.
To assist the Code Council, technical subcommittees were established to review the ICC model codes and make recommendations to the Code Council to ensure that the new provisions of the Uniform Code would remain appropriate and addresses developing design and construction issues and needs in New York State.
All subcommittees found it was necessary to recommend changes to the 2003 ICC family of codes. Significant provisions of the proposed new Uniform Code are discussed with reference to Needs and Benefits, Costs, and Alternatives in Item #3 of the full Revised RIS.
Numerous hearings and public hearings took place throughout New York State in anticipation of the formal initiation of the rule making process. These meetings are listed in the full Revised RIS.
9. FEDERAL STANDARDS
The federal government has adopted the Americans with Disabilities Act (ADA) which requires certain facilities to be accessible and usable by the physically disabled. The new text proposed for the Uniform Code also includes provisions which require buildings and structures to be accessible and usable by the physically disabled. The proposed rule would exceed the minimum standards established by the federal government.
10. COMPLIANCE SCHEDULE
The target date for publishing a notice of adoption for this rule making is between April of 2007 and July of 2007. It is the intention of the Code Council to establish a 90 day transition period to begin with publication of the notice of adoption. During this period, regulated parties will have the option of construction in compliance with either the current code provisions or the newly adopted provisions.
The delay of the effective date of the new Uniform Code provisions until after adoption, and the option of compliance with either the existing or the proposed Code during that period, ensure that regulated parties will be able to achieve compliance with the rule on the date it is adopted.
