DOS-47-15-00017-AA State Uniform Fire Prevention and Building Code (the Uniform Code)
9/21/16 N.Y. St. Reg. DOS-47-15-00017-AA
NEW YORK STATE REGISTER
VOLUME XXXVIII, ISSUE 38
September 21, 2016
RULE MAKING ACTIVITIES
DEPARTMENT OF STATE
AMENDED NOTICE OF ADOPTION
I.D No. DOS-47-15-00017-AA
Filing No. 828
Filing Date. Sept. 01, 2016
Effective Date. Oct. 03, 2016
State Uniform Fire Prevention and Building Code (the Uniform Code)
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 1219.1; repeal of Parts 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227 and 1228; and addition of new Parts 1220, 1221, 1222, 1223, 1224, 1225, 1226 and 1227 to Title 19 NYCRR.
Amended action:
This action amends the rule that was filed with the Secretary of State on March 22, 2016, to be effective October 3, 2016, File No. 00346. The notice of adoption, I.D. No. DOS-47-15-00017-A, was published in the April 6, 2016 issue of the State Register.
Statutory authority:
Executive Law, section 377
Subject:
State Uniform Fire Prevention and Building Code (the Uniform Code).
Purpose:
To repeal the existing Uniform Code and to adopt a new, updated Uniform Code.
Substance of amended rule:
This rule making repeals the current versions of Parts 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227, and 1228 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York and adds new Parts 1220, 1221, 1222, 1223, 1224, 1225, 1226 and 1227. The individual Parts pertain to specified portions of the Uniform Fire Prevention and Building Code and are summarized below:
Part 1220 Residential Construction
Section 1220.1. Requirements.
(a) Except as provided in subdivision (b) of this section, the construction, alteration, movement, replacement, repair, equipment, use, maintenance, removal and demolition of applicable residential structures and their accessory structures shall comply with the requirements of the “2015 International Residential Code” Second Printing, published by the International Code Council, Inc. (hereinafter the 2015 IRC), incorporated herein by reference.
Applicable residential structures include detached one- and two-family dwellings and multiple single-family dwellings (townhouses), not more than three stories above grade plane in height with a separate means of egress; such one-family dwellings converted to bed and breakfast dwellings; and certain specified dwellings under the supervision or jurisdiction of a department or agency of New York State (NYS). Copies of the 2015 IRC may be obtained from the publisher at the following address of the publisher:
International Code Council, Inc.
500 New Jersey Avenue, NW, 6th Floor
Washington, DC 20001
The 2015 IRC is available for public inspection and copying at:
New York State Department of State
One Commerce Plaza, 99 Washington Avenue
Albany, NY 12231-0001
(b) As applied in NYS, the 2015 IRC shall be deemed amended as specified in “2016 Uniform Code Supplement,” published in March, 2016, by the NYS Department of State and incorporated herein by reference. Copies may be obtained and are available for inspection and copying at the New York State office specified in subdivision (a) of this section.
(c) Referenced standards. Certain published standards are incorporated by reference into 19 NYCRR Part 1220. The 2016 Uniform Code Supplement identifies such standards, and the names and addresses of publishers from which copies may be obtained. Such standards are available for public inspection and copying at the NYS office specified in subdivision (a) of this section.
Part 1221 Building Construction
Section 1221.1. Requirements.
(a) Except as provided in subdivision (b) of this section, the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, maintenance, removal and demolition of every building or structure, or appurtenance connected or attached to any building or structure, shall comply with the requirements of the publication entitled “2015 International Building Code” Third Printing, published by the International Code Council, Inc. (hereinafter the 2015 IBC), incorporated herein by reference. Copies of the 2015 IBC may be obtained from the publisher at the address specified in subdivision (a) of Section 1220.1. The 2015 IBC is available for public inspection and copying at the NYS office listed in subdivision (a) of section 1220.1.
(b) As applied in NYS, the 2015 IBC shall be deemed amended as specified in “2016 Uniform Code Supplement,” published in March 2016, by the NYS Department of State and incorporated herein by reference. Copies may be obtained and are available for inspection and copying at the NYS office specified in subdivision (a) of section 1220.1.
(c) Referenced standards. Certain published standards are incorporated by reference into 19 NYCRR Part 1221. The 2016 Uniform Code Supplement identifies such standards, and the names and addresses of publishers from which copies may be obtained. Such standards are available for public inspection and at the NYS office specified in subdivision (a) of Section 1220.1.
Part 1222 Plumbing Systems
Section 1222.1. Requirements.
(a) Except as provided in subdivision (b) of this section, the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of plumbing systems, nonflammable medical gas systems, and sanitary and condensate vacuum collection systems, shall comply with the requirements of the “2015 International Plumbing Code” Third Printing, published by the International Code Council, Inc. (hereinafter the 2015 IPC), incorporated herein by reference. Copies of the 2015 IPC may be obtained from the publisher, ICC, at the address of the publisher specified in subdivision (a) of Section 1220.1. The 2015 IPC is available for public inspection and copying at the NYS office specified in subdivision (a) of section 1220.1.
(b) As applied in NYS, the 2015 IPC shall be deemed amended as specified in “2016 Uniform Code Supplement,” published in March 2016, by the NYS Department of State and incorporated herein by reference. Copies may be obtained and are available for inspection and copying at the NYS office specified in subdivision (a) of section 1220.1.
(c) Referenced standards. Certain published standards are incorporated by reference into 19 NYCRR Part 1222. The 2016 Uniform Code Supplement identifies such standards, and the names and addresses of publishers from which copies may be obtained. Such standards are available for public inspection and copying at the NYS office specified in subdivision (a) of Section 1220.1.
Part 1223 Mechanical Systems
Section 1223.1. Requirements.
(a) Except as provided in subdivision (b) of this section, the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings shall comply with the requirements of the publication entitled “2015 International Mechanical Code” Third Printing, published by the International Code Council, Inc. (hereinafter the 2015 IMC), incorporated herein by reference. Copies of the 2015 IMC may be obtained from the publisher at the address of the publisher specified in subdivision (a) of Section 1220.1. The 2015 IMC is available for public inspection and copying at the NYS office specified in subdivision (a) of section 1220.1.
(b) As applied in NYS, the 2015 IMC shall be deemed amended as specified in “2016 Uniform Code Supplement,” published in March, 2016, by the NYS Department of State and incorporated herein by reference. Copies may be obtained and are available for inspection and copying at the NYS office specified in subdivision (a) of section 1220.1.
(c) Referenced standards. Certain published standards are incorporated by reference into 19 NYCRR Part 1223. The 2016 Uniform Code Supplement identifies such standards, and the names and addresses of publishers from which copies may be obtained. Such standards are available for public inspection and copying at the NYS office specified in subdivision (a) of Section 1220.1.
Part 1224 Fuel Gas Equipment and Systems
Section 1224.1. Requirements.
(a) Except as provided in subdivision (b) of this section, the design, installation, maintenance, alteration and inspection of fuel gas piping and equipment, fuel gas-fired appliances and fuel gas fired appliance ventilating systems shall comply with the requirements of the publication entitled “2015 International Fuel Gas Code” Third Printing, published by the International Code Council, Inc. (hereinafter the 2015 IFGC), incorporated herein by reference. Copies of the 2015 IFGC may be obtained from the publisher at the address of the publisher specified in subdivision (a) of Section 1220.1. The 2015 IFGC is available for public inspection and copying at the NYS office specified in subdivision (a) of section 1220.1.
(b) As applied in NYS, the 2015 IFGC shall be deemed amended as specified in “2016 Uniform Code Supplement,” published in March, 2016, by the NYS Department of State and incorporated herein by reference. Copies may be obtained and are available for inspection and copying at the NYS office specified in subdivision (a) of section 1220.1.
(c) Referenced standards. Certain published standards are incorporated by reference into 19 NYCRR Part 1224. The 2016 Uniform Code Supplement identifies such standards, and the names and addresses of publishers from which copies may be obtained. Such standards are available for public inspection and copying at the NYS office specified in subdivision (a) of Section 1220.1.
Part 1225 Fire Prevention
Section 1225.1. Requirements.
(a) Except as provided in subdivision (b) of this section, structures, processes and premises; the storage, handling or use of structures, materials or devices; the occupancy and operation of structures and premises; and the construction, extension, repair, alteration or removal of fire suppression and alarms systems, shall comply with the requirements of the publication entitled “2015 International Fire Code” Third Printing, published by the International Code Council, Inc. (hereinafter the 2015 IFC, incorporated herein by reference. Copies of the 2015 IFC may be obtained from the publisher at the address of the publisher specified in subdivision (a) of Section 1220.1. The 2015 IFC is available for public inspection and copying at the NYS office specified in subdivision (a) of section 1220.1.
(b) As applied in NYS, the 2015 IFC shall be deemed amended as specified in “2016 Uniform Code Supplement,” published in March, 2016, by the NYS Department of State and incorporated herein by reference. Copies may be obtained and are available for inspection and copying at the NYS office specified in subdivision (a) of section 1220.1.
(c) Referenced standards. Certain published standards are incorporated by reference into 19 NYCRR Part 1225. The 2016 Uniform Code Supplement identifies such standards, and the names and addresses of publishers from which copies may be obtained. Such standards are available for public inspection and copying at the NYS office specified in subdivision (a) of Section 1220.1.
Part 1226 Property Maintenance
Section 1226.1. Requirements.
(a) Except as provided in subdivision (b) of this section, all existing residential and nonresidential structures, premises, equipment and facilities, owners, operators and occupants of existing structures and premises, and the occupancy of existing structures and premises, shall comply with the requirements of the publication entitled “2015 International Property Maintenance Code” Fourth Printing, published by the International Code Council, Inc. (hereinafter the 2015 IPMC), and incorporated herein by reference. Copies of the 2015 IPMC may be obtained from the publisher at the address of the publisher specified in subdivision (a) of Section 1220.1. The 2015 IPMC is available for public inspection and copying at the NYS office specified in subdivision (a) of section 1220.1.
(b) As applied in NYS, the 2015 IPMC shall be deemed amended as specified in “2016 Uniform Code Supplement,” published in March, 2016, by the NYS Department of State and incorporated herein by reference. Copies may be obtained and are available for inspection and copying at the NYS office specified in subdivision (a) of section 1220.1.
(c) Referenced standards. Certain published standards are incorporated by reference into 19 NYCRR Part 1226. The 2016 Uniform Code Supplement identifies such standards, and the names and addresses of publishers from which copies may be obtained. Such standards are available for public inspection and copying at the NYS office specified in subdivision (a) of Section 1220.1.
(d) In addition to the amendments made to the 2015 IPMC by the “2016 Uniform Code Supplement” referred to in subdivision (b) of this section, for the purposes of applying the 2015 IPMC in New York State, Chapter 7 of the 2015 IPMC shall be deemed to be amended by the addition of new sections 704.3, 704.3.1, 704.3.2, 704.3.3, 704.3.4, 704.3.5, 704.3.6, and 704.3.7 pertaining to the installation of smoke alarms in certain existing residential buildings.
Part 1227 Existing Buildings
Section 1227.1. Requirements.
(a) Except as provided in subdivision (b) of this section, the repair, alteration, change of occupancy, addition and relocation of existing buildings shall comply with the requirements of the “2015 International Existing Building Code” Fifth Printing, published by the International Code Council, Inc. (hereinafter the 2015 IEBC), incorporated herein by reference. Copies may be obtained from the publisher at the address of the publisher specified in subdivision (a) of Section 1220.1. The 2015 IEBC is available for public inspection and copying at the NYS office specified in subdivision (a) of section 1220.1.
(b) As applied in NYS, the 2015 IEBC shall be deemed amended as specified in “2016 Uniform Code Supplement,” published in March 2016, by the NYS Department of State and incorporated herein by reference. Copies may be obtained and are available for inspection and copying at the NYS office specified in subdivision (a) of section 1220.1.
(c) Referenced standards. Certain published standards are incorporated by reference into 19 NYCRR Part 1227. The 2016 Uniform Code Supplement identifies such standards, and the names and addresses of publishers from which copies may be obtained. Such standards are available for public inspection and copying at the NYS office specified in subdivision (a) of section 1220.1.
Finally, 19 NYCRR Part 1219 is amended to conform the references in such Part to the revised titles of Parts 1220 through 1227 and to delete the reference to the repealed Part 1228.
Amended rule as compared with adopted rule:
Nonsubstantive changes were made in sections 1220.1(a)(2), 1226.1(b) and (d).
Text of amended rule and any required statements and analyses may be obtained from:
Gerard Hathaway, Department of State, 99 Washington Avenue, Suite 1160, Albany, NY 12231, (518) 474-4073, email: gerard.hathaway@dos.ny.gov
Additional matter required by statute:
Executive Law § 378(15)(b) authorizes the State Fire Prevention and Building Code Council (“Code Council”) to provide that, during the period between the date of adoption of changes to the Uniform Fire Prevention and Building Code (“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 as they were set forth immediately prior to adoption of the change.
At its meeting held March 9, 2016, the Code Council voted to adopt a rule (the “Original Rule”) to amend the Uniform Code. In addition, the Code Council voted to provide that, during the transition period between adoption of this Original Rule and the date on which the changes to the Uniform Code become effective, a person shall have the option of complying with either the provisions of the Uniform Code as changed, or with the provisions of the Uniform Code in effect immediately prior to the adoption of this rule.
At its meeting held August 25, 2016, the Code Council voted to adopt this rule (the “Amended Rule”), which amends the Original Rule. In addition, the Code Council voted to provide that, during the transition period between adoption of this Amended Rule and the date on which the changes to the Uniform Code become effective, a person shall have the option of complying with either the provisions of the Uniform Code as changed, or with the provisions of the Uniform Code in effect immediately prior to the adoption of this rule.
Executive Law § 378(15)(a) provides that except as otherwise provided by statute, no change to the Uniform Code shall become effective until at least ninety days after the date on which notice of such change has been published in the State Register, unless the Code Council finds that (i) an earlier effective date is necessary to protect health, safety and security; or (ii) the change to the code will not impose any additional compliance requirements on any person.
At its meeting held August 25, 2016, the Code Council found that making all changes made to the Uniform Code by the Amended Rule, including but not limited to the change made to the Original Rule by the Amended Rule, effective on October 3, 2016, the date on which the Original Rule was scheduled to have become effective, is necessary to protect health, safety and security, because delaying the effective date of the changes to the Uniform Code made by the Amended Rule until 90 days after publication of the Amended Notice of Adoption would unnecessarily delay the effective date of all of the improvements made to the Uniform Code by the Original Rule and by the Amended Rule. Therefore, the Amended Rule and the changes to the Uniform Code made by the Amended Rule will become effective on October 3, 2016.
Pursuant to Executive Law § 377(1), Secretary of State Rosanna Rosado reviewed the amendment of the Uniform Code to be implemented by this Amended Rule, found that such amendment effectuates the purposes of Article 18 of the Executive Law, and therefore approved said amendment.
Revised Regulatory Impact Statement
A Notice of Proposed Rule Making for a rule that would amend and update the State Uniform Fire Prevention and Building Code (the “Uniform Code”) was published in the State Register on November 25, 2015. A Regulatory Impact Statement was issued at that time, and a Summary of that regulatory Impact Statement was attached to and published with that Notice of Proposed Rule Making.
On March 9, 2016, the State Fire Prevention and Building Code Council (the “Code Council”) adopted a rule (the “Original Rule”) that amends and updates the Uniform Code. The Notice of Adoption of the Original Rule was published in the State Register on April 6, 2016. The effective date of the Original Rule is October 3, 2016.
The Original Rule made non-substantive changes to the rule text as originally proposed. A Revised Regulatory Impact Statement was issued at that time, and a Summary of the Revised Regulatory Impact Statement was attached to and published with the Notice of Adoption.
On August 25, 2016, the Code Council adopted this rule (the “Amended Rule”), which amends the Original Rule. The Amended Rule makes the following changes to the Original Rule:
First, section 1220.1(a)(2) of the Amended Rule was revised to clarify the height limitation on townhouses that are subject to the 2015 International Residential Code.
Second, the Amended Rule includes new provisions relating to the installation of smoke alarms in certain existing residential buildings, more fully described as follows:
The Original Rule incorporates a number of publications by reference, including, but not limited to, the 2015 edition of the International Property Maintenance Code (the “2015 IPMC”) and the 2015 edition of the International Residential Code (the “2015 IRC”).
In general, the 2015 IRC applies to the construction of one- and two-family dwellings and townhouse units having not more than three stories above grade plane. The 2015 IRC includes provisions that require the installation of smoke alarms in newly constructed one- and two-family dwellings and townhouse units having not more than three stories above grade plane.
In general, the 2015 IPMC applies to existing buildings. The 2015 IPMC includes provisions that require the installation of smoke alarms in certain existing residential buildings. However, it appears that those smoke alarm provisions in the 2015 IMPC may not be applicable to existing one- and two-family dwellings and townhouse units having not more than three stories above grade plane. As a result, the 2015 IPMC could be construed as not requiring the installation of smoke alarms in existing one- and two-family dwellings and townhouse units having not more than three stories above grade plane.
The version of the Uniform Code that is currently in effect does require the installation of smoke alarms in all existing residential buildings, including all existing one- and two-family dwellings and townhouse units having not more than three stories above grade plane. There was no intent on the part of the Code Council to change that requirement. To the extent that the publications incorporated by reference in the Original Rule could be construed as removing the requirement that smoke alarms be installed in all existing one- and two-family dwellings and townhouses, that would amount to an inadvertent and unintended change to the Uniform Code.
The Amended Rule adds a new provision to NYCRR Part 1226 (the Part that incorporates the 2015 IPMC by reference) to clarify the intent that the Uniform Code continue to require the installation of smoke alarms in all existing residential buildings, including all existing one- and two-family dwellings and townhouse units having not more than three stories above grade plane.
The Amended Rule does not affect any matter discussed in the Revised Regulatory Impact Statement published in the Notice of Adoption of the Original Rule.
The Department of State believes that the changes made to Original Rule by this Amended Rule are not substantial revisions to the Original Rule. The changes do not affect the issues addressed in the Revised Regulatory Impact Statement, and do not necessitate any changes to the Revised Regulatory Impact Statement. Therefore, a second Revised Regulatory Impact Statement is not required.
Revised Regulatory Flexibility Analysis
A Notice of Proposed Rule Making for a rule that would amend and update the State Uniform Fire Prevention and Building Code (the “Uniform Code”) was published in the State Register on November 25, 2015. A Regulatory Flexibility Analysis for Small Businesses and Local Governments was attached to and published with that Notice of Proposed Rule Making.
On March 9, 2016, the State Fire Prevention and Building Code Council (the “Code Council”) adopted a rule (the “Original Rule”) that amends and updates the Uniform Code. The Notice of Adoption of the Original Rule was published in the State Register on April 6, 2016. The effective date of the Original Rule is October 3, 2016.
The Original Rule made non-substantive changes to the rule text as originally proposed. Those non-substantive changes did not necessitate the issuance of a Revised Regulatory Flexibility Analysis for Small Businesses and Local Governments.
On August 25, 2016, the Code Council adopted this rule (the “Amended Rule”), which amends the Original Rule. The Amended Rule makes the following changes to the Original Rule:
First, section 1220.1(a)(2) of the Amended Rule was revised to clarify the height limitation on townhouses that are subject to the 2015 International Residential Code.
Second, the Amended Rule includes new provisions relating to the installation of smoke alarms in certain existing residential buildings, more fully described as follows:
The Original Rule incorporates a number of publications by reference, including, but not limited to, the 2015 edition of the International Property Maintenance Code (the “2015 IPMC”) and the 2015 edition of the International Residential Code (the “2015 IRC”).
In general, the 2015 IRC applies to the construction of one- and two-family dwellings and townhouse units having not more than three stories above grade plane. The 2015 IRC includes provisions that require the installation of smoke alarms in newly constructed one- and two-family dwellings and townhouse units having not more than three stories above grade plane.
In general, the 2015 IPMC applies to existing buildings. The 2015 IPMC includes provisions that require the installation of smoke alarms in certain existing residential buildings. However, it appears that those smoke alarm provisions in the 2015 IMPC may not be applicable to existing one- and two-family dwellings and townhouse units having not more than three stories above grade plane. As a result, the 2015 IPMC could be construed as not requiring the installation of smoke alarms in existing one- and two-family dwellings and townhouse units having not more than three stories above grade plane.
The version of the Uniform Code that is currently in effect does require the installation of smoke alarms in all existing residential buildings, including all existing one- and two-family dwellings and townhouse units having not more than three stories above grade plane. There was no intent on the part of the Code Council to change that requirement. To the extent that the publications incorporated by reference in the Original Rule could be construed as removing the requirement that smoke alarms be installed in all existing one- and two-family dwellings and townhouses, that would amount to an inadvertent and unintended change to the Uniform Code.
The Amended Rule adds a new provision to NYCRR Part 1226 (the Part that incorporates the 2015 IPMC by reference) to clarify the intent that the Uniform Code continue to require the installation of smoke alarms in all existing residential buildings, including all existing one- and two-family dwellings and townhouse units having not more than three stories above grade plane.
The Amended Rule does not affect any matter discussed in the original Regulatory Flexibility Analysis for Small Businesses and Local Governments published in the Notice of Proposed Rule Making.
The Department of State believes that the changes made to Original Rule by this Amended Rule are not a substantial revisions to the Original Rule. The changes do not affect the issues addressed in the original Regulatory Flexibility Analysis for Small Businesses and Local Governments, and do not necessitate any changes to the original Regulatory Flexibility Analysis for Small Businesses and Local Governments. Therefore, a Revised Regulatory Flexibility Analysis for Small Businesses and Local Governments is not required.
Revised Rural Area Flexibility Analysis
A Notice of Proposed Rule Making for a rule that would amend and update the State Uniform Fire Prevention and Building Code (the “Uniform Code”) was published in the State Register on November 25, 2015. A Rural Area Flexibility Analysis was attached to and published with that Notice of Proposed Rule Making.
On March 9, 2016, the State Fire Prevention and Building Code Council (the “Code Council”) adopted a rule (the “Original Rule”) that amends and updates the Uniform Code. The Notice of Adoption of the Original Rule was published in the State Register on April 6, 2016. The effective date of the Original Rule is October 3, 2016.
The Original Rule made non-substantive changes to the rule text as originally proposed. Those non-substantive changes did not necessitate the issuance of a Revised Rural Area Flexibility Analysis.
On August 25, 2016, the Code Council adopted this rule (the “Amended Rule”), which amends the Original Rule. The Amended Rule makes the following changes to the Original Rule:
First, section 1220.1(a)(2) of the Amended Rule was revised to clarify the height limitation on townhouses that are subject to the 2015 International Residential Code.
Second, the Amended Rule includes new provisions relating to the installation of smoke alarms in certain existing residential buildings, more fully described as follows:
The Original Rule incorporates a number of publications by reference, including, but not limited to, the 2015 edition of the International Property Maintenance Code (the “2015 IPMC”) and the 2015 edition of the International Residential Code (the “2015 IRC”).
In general, the 2015 IRC applies to the construction of one- and two-family dwellings and townhouse units having not more than three stories above grade plane. The 2015 IRC includes provisions that require the installation of smoke alarms in newly constructed one- and two-family dwellings and townhouse units having not more than three stories above grade plane.
In general, the 2015 IPMC applies to existing buildings. The 2015 IPMC includes provisions that require the installation of smoke alarms in certain existing residential buildings. However, it appears that those smoke alarm provisions in the 2015 IMPC may not be applicable to existing one- and two-family dwellings and townhouse units having not more than three stories above grade plane. As a result, the 2015 IPMC could be construed as not requiring the installation of smoke alarms in existing one- and two-family dwellings and townhouse units having not more than three stories above grade plane.
The version of the Uniform Code that is currently in effect does require the installation of smoke alarms in all existing residential buildings, including all existing one- and two-family dwellings and townhouse units having not more than three stories above grade plane. There was no intent on the part of the Code Council to change that requirement. To the extent that the publications incorporated by reference in the Original Rule could be construed as removing the requirement that smoke alarms be installed in all existing one- and two-family dwellings and townhouses, that would amount to an inadvertent and unintended change to the Uniform Code.
The Amended Rule adds a new provision to NYCRR Part 1226 (the Part that incorporates the 2015 IPMC by reference) to clarify the intent that the Uniform Code continue to require the installation of smoke alarms in all existing residential buildings, including all existing one- and two-family dwellings and townhouse units having not more than three stories above grade plane.
The Amended Rule does not affect any matter discussed in the original Rural Area Flexibility Analysis published in the Notice of Proposed Rule Making.
The Department of State believes that the changes made to Original Rule by this Amended Rule are not a substantial revisions to the Original Rule. The changes do not affect the issues addressed in the original Rural Area Flexibility Analysis, and do not necessitate any changes to the original Rural Area Flexibility Analysis. Therefore, a Revised Rural Area Flexibility Analysis is not required.
Revised Job Impact Statement
On March 9, 2016, the State Fire Prevention and Building Code Council (the “Code Council”) adopted a rule (the “Original Rule”) that amends and updates the State Uniform Fire Prevention and Building Code (the “Uniform Code”). The Notice of Adoption of the Original Rule was published in the State Register on April 6, 2016. The effective date of the Original Rule is October 3, 2016.
On August 25, 2016, the Code Council adopted a rule (the “Amended Rule”) that amends the Original Rule. The Amended Rule makes non-substantive changes to the Original Rule.
The Department of State has determined that it is apparent from the nature and purpose of the Amended Rule will not have a substantial adverse impact on jobs and employment opportunities.
The Amended Rule repeals the current version of the Uniform Code and adopts a new and updated version of the Uniform Code.
The current version of the Uniform Code (19 NYCRR Parts 1220 through 1228) took effect December 28, 2010. It is based upon the 2006 editions of model codes developed by the International Code Council, Inc. (the “I-Codes”), with some New York modifications.
This Amended Rule repeals the current version of the Uniform Code and adopts a new version of the Uniform Code which is based upon the 2015 editions of I-Codes (the “2015 I-Codes”). The provisions of the 2015 I-Codes are supplemented by provisions which address topics specific to New York State.
The I-Codes are updated on a three-year cycle to keep current with industry practice and technical and life-safety evolution. The 2015 I-Codes incorporate the most current technology in the areas of building construction and fire prevention. As a consequence, the Department of State concludes that this update, which is based upon the newer (2015) versions of the I-Codes, will provide a greater incentive to construction of new buildings and rehabilitation of existing buildings than exists with the current Uniform Code. Therefore, this Amended Rule making will not have a substantial adverse impact on jobs and employment opportunities within New York.
