Rule_Review Rule Review  

  • 3/28/07 N.Y. St. Reg. Rule Review
    NEW YORK STATE REGISTER
    VOLUME XXIX, ISSUE 13
    March 28, 2007
    RULE REVIEW
     
    DEPARTMENT OF STATE
    Review pursuant to State Administrative Procedure Act section 207 Of rules adopted by the Department of State in calendar year 2002 and further review of rules adopted by the Department of State in calendar year 1997 required to be re-reviewed in calendar year 2007
    Pursuant to Section 207(4) of the State Administrative Procedure Act (SAPA), the Department of State hereby gives notice that it has reviewed the following regulations which were adopted during 2002 and that it has further reviewed the following regulations which were adopted in 1997. A summary of each of these rules was published in the Rule Review section of the January 3, 2007 edition of the State Register. The Department of State did not receive any comment from the public regarding any of these rules. Except as noted below, each of these rules will be continued without modification.
    For further information about any of these rules, contact: Nathan A. Hamm, Office of Counsel, Department of State, 41 State St., Albany, NY 12231, (518) 474-6740
    RULES ADOPTED IN 2002
    (1) DOS-27-01-00016 Standards for the Construction and Maintenance of Buildings and Structures and Protection from the Hazard of Fire
    Repealed Parts 600 — 1260 of Title 9 NYCRR and added Parts 1220 – 1226 to Title 19 NYCRR
    Analysis of the need for the rule: The rule adopted a new Uniform Fire Prevention and Building Code. The rule was necessary to keep New York State competitive with the rest of the nation in matters involving building construction while at the same time providing an adequate level of safety to New York State residents. It was also necessary to enable New York State to keep pace with evolving technology concerning fire prevention and building construction and to have a fire prevention and building code which is consistent with nationally accepted model codes. The rule created an enhanced economic atmosphere in which building construction was encouraged.
    This rule is presently in the process of being revised. A Notice of Proposed Rule Making which would amend the rule was published in the State Register on January 10, 2007. Comments on the modification of this rule were invited to be submitted by March 12, 2007. Comments received by this date will be reviewed. It is anticipated that final adoption of the amendments proposed by this rule making will occur in the next several months.
    Legal basis for the rule: Executive Law, sections 377 and 378
    (2) DOS-27-01-00017 Efficient Utilization of Energy Expended in the Construction, Use, and Occupancy of Buildings
    Repealed Parts 7810 — 7816 of Title 9 NYCRR and added Part 1240 to Title 19 NYCRR
    Analysis of the need for the rule: Article 11 of the Energy Law requires that a State Energy Conservation Construction Code be adopted to protect the health, safety, and security of the people of the State of New York and to ensure a continuing supply of energy for future generations. This rule mandates that economically reasonable energy conservation techniques be used in the design and construction of all new public and private buildings in New York State.
    This rule is presently in the process of being revised. A Notice of Proposed Rule Making which would amend the rule was published in the State Register on January 10, 2007. Comments on the modification of this rule were invited to be submitted by March 12, 2007. Comments received by this date will be reviewed. It is anticipated that final adoption of the amendments proposed by this rule making will occur in the next several months.
    Legal basis for the rule: Energy Law, sections 11-103 and 11-104
    (3) DOS-31-02-00008 Educational Qualifications for Security or Fire Alarm System Installers
    Amended section 196.8(b) of Title 19 NYCRR
    Analysis of the need for the rule: Section 69-o(1)(b) of the General Business Law (GBL) requires an applicant for an alarm installer's license to provide evidence of education related to alarm installation which is satisfactory to the Secretary of State. Accordingly, the Secretary of State must prescribe by rule the minimum education necessary to meet this requirement. Section 69-n(5) of the GBL gives the Secretary of State the authority to adopt, amend, or repeal such rules.
    The rule updated previously existing curriculum to conform with revisions that had been made to relevant standards and codes. These revisions improved the quality of instruction offered to students studying to become alarm installers and helps to insure that applicants are educationally qualified with regard to current industry practices.
    Legal basis for the rule: General Business Law, section 69-n(5)
    RULES ADOPTED IN 1997
    (1) DOS-49-96-00008 Fees for Services Rendered
    Amended section 144.1 of Title 19 NYCRR
    Analysis of the need for the rule: The rule is needed because Chapter 309 of the Laws of 1996 required the Secretary of State to determine the type and amount of all fees to be collected by the Department of State and other filing offices pursuant to the provisions of the Uniform Commercial Code and Article 10-A of the Lien Law. Fees set by the Department of State had already been established by section 144.1 of Title 19 of the NYCRR. This regulation set fees for other filing offices.
    Legal basis for the rule: Executive Law, section 96-a; Lien Law, section 243; and Uniform Commercial Code, sections 9-403, 9-404, 9-405, 9-406, and 9-407, as amended by Chapter 309 of the Laws of 1996, sections 245, 246, 247, 248, 249, 250, and 251.
    (2) DOS-01-97-00012 Community Services Block Grant Advisory Council
    Added a new Part 701 to Title 19 NYCRR
    Analysis of the need for the rule: The rule is needed because Chapter 884 of the Laws of 1982 directed the Governor to require each executive agency administering a Community Services Block Grant Program to establish a Community Services Block Grant Advisory Council. Article 6-D of the Executive Law places the responsibility for administering the Community Services Block Grant Program in the Department of State. This rule recognized the existing Community Services Block Grant Advisory Council, and provided for membership in the Council to be a number certain of 20.
    Legal basis for the rule: Executive Law, sections 159-g and 91, and Chapter 884 of the Laws of 1982
    (3) DOS-30-97-00056 Maintaining Abandoned Cemeteries
    Added a new Part 202 to Title 19 NYCRR
    Analysis of the need for the rule: The rule is needed because General Municipal Law Section 165 requires that the Division of Cemeteries of the Department of State (DOS) promulgate regulations which describe how DOS will provide technical assistance to a municipal corporation wishing to establish voluntary maintenance and cleanup programs at abandoned cemeteries for which the municipality has the primary responsibility to provide care. This rule fulfilled that responsibility.
    Legal basis for the rule: General Municipal Law, section 165
    For further information, contact: Nathan A. Hamm, Esq., Office of Counsel, Department of State, 41 State St., Albany, NY 12231, (518) 474-6740

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