DOS-02-10-00012-A Standards for the Construction and Maintenance of Buildings and Structures and for Protection from the Hazards of Fire and Inadequate Building Construction

9/29/10 N.Y. St. Reg. DOS-02-10-00012-A

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 39

September 29, 2010

RULE MAKING ACTIVITIES

DEPARTMENT OF STATE

NOTICE OF ADOPTION

 

I.D No. DOS-02-10-00012-A

Filing No. 949

Filing Date. Sept. 14, 2010

Effective Date. Dec. 28, 2010

Standards for the Construction and Maintenance of Buildings and Structures and for Protection from the Hazards of Fire and Inadequate Building Construction

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

Action taken:

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, 1227 and 1228 to Title 19 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 and inadequate building construction.

Purpose:

To amend the New York State Uniform Fire Prevention and Building Code to assure that it effectuates the purposes of Executive Law Art. 18.

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. This rule repeals the existing version of the Uniform Code (which is now found in 19 NYCRR Parts 1220 to 1228, inclusive, and in the publications incorporated by reference in Parts 1220 to 1227, inclusive) and replaces it with a new version of the Uniform Code, contained in new 19 NYCRR Parts 1220 to 1228, inclusive, and the new publications incorporated by reference in new Parts 1220 to 1227, inclusive.

The new version of the Uniform Code includes eight components: the Residential Code, the Building Code, the Fire Code, the Plumbing Code, the Mechanical Code, the Fuel Gas Code, the Property Maintenance Code, and the Existing Building Code.

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 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 Plumbing Code, Mechanical Code and Fuel Gas Code addresses the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing systems, mechanical systems and fuel gas systems.

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(a), 1221.1(a), 1222.1(a), 1223.1(a), 1224.1, 1225.1, 1226.1(a) and 1227.1.

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

Raymond J. Andrews, New York State Department of State, 99 Washington Ave., Albany, NY 12231-0001, [phone], email: [e-mail]

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 14, 2010, 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.

Revised Regulatory Impact Statement

Changes made to the rule text since the publication of the Notice of Proposed Rule Making are described below. None of the changes affects the issues addressed in the Regulatory Impact Statement (RIS) and, therefore, a Revised RIS is not required.

The original version of the portion of the rule text that will appear in the NYCRR (the "NYCRR portion" of this rule) would have incorporated by reference the January 2010 versions of the following publications (the "Code Books"): the Residential Code of New York State (RCNYS), the Building Code of New York State (BCNYS), the Plumbing Code of New York State (PCNYS), the Mechanical Code of New York State (MCNYS), the Fuel Gas Code of New York State (FGCNYS), the Fire Code of New York State (FCNYS), the Property Maintenance Code of New York State (PMCNYS), and the Existing Building Code of New York State (EBCNYS).

Non-substantive changes were made to each of the Code Books. The revised versions are dated August 2010. The NYCRR portion of this rule was changed:

(1) to provide for incorporation by reference of the August 2010 versions of the Code Books in Parts 1220 to 1227, inclusive, of Title 19 NYCRR;

(2) to change the address of the Department of State where the Code Books are available for inspection and copying; and

(3) to make changes to certain provisions that appear in the August 2010 versions of the Code Books.

The changes made to the Code Books, and the changes made to the August 2010 version of the Code Books by the NYCRR portion of this rule, include the following:

RCNYS

Section 408.7: Deleted the exception, which referenced FEMA/FIA TB.11-2001 (an interim bulletin, not applicable to the New York region).

Section AG106.1: Added new Section AG106.1.1, to provide that swimming pool suction outlets may be designed and installed in accordance with ANSI/APSP7 as an alternative to compliance with main part of Section AG106.1.

Section AG109: Added ANSI/APSP7-2006 to the list of standards referenced in RCNYS Appendix G.

Section 2411: Removed the requirement that the bonding clamp on a gas piping system that contains corrugated stainless steel tubing (CSST) must be inside the building, and revised to provide that the bonding clamp must as close as practicable to the point where the bonding jumper is connected to the grounding electrode system (rather than the point where the gas service enters the building).

3509.7: Added exception requiring gas piping systems containing CSST to be installed and bonded in accordance with Section G2411.2.

Section 2415.7: Revised to clarify that CSST may be installed outdoors.

Section 313.2: Added reference to FCNYS Section 610.

Sections 3108.1, 3104.4 and 3109.2: Added references to Figures 3108.1(1), (2), (3), (4), (5) and 3109.2, for informational purposes on typical vent configurations.

Appendix J, Section J102.6: Added provision relating to lead-based paint.

Chapter 43: Changed the list of standards as follows; changed the publication date of ASTM 84 from 2004 to 2005; removed ACI-530.1/ASCE-6/TMS-602 and ASME/ANSI-A112.19.8; and added ANSI-Z21.83, ANSI-Z21.21, CSA-B64.6, NFPA-13D, and UL-651.

Sections N1101.8, 1101.2.2, 1101.3.1, N1102.4, N1102.2.12 and Tables 1102.1 and N1102.2.5: Revised to be consistent with corresponding sections (102.1.1, 101.4.2, 101.4.3, and 402.4) and Tables (402.1.1 and 402.2.5) of the Energy Conservation Construction Code of New York State (the "ECCCNYS").

Section 1102.6: Added this new section, which deals with maximum fenestration U-factor and which mirrors the corresponding section (402.6) in the ECCCNYS.

Section 1102.1.5: Added this new section, which deals with direct siding attachment including code text and code tables, which mirrors the corresponding section (402.1.5) in the ECCCNYS.

Revised several sections relating to requirements for water heaters installed in garages, in reference to elevation of ignition source, for consistency with corresponding PCNYS sections.

Section 1416.2: Added this new section (titled "Approved portable kerosene heater") for consistency the corresponding MCNYS section and compliance with Real Property Law Article 7A.

Sections 2414.3, 2425.12(3), and 2427.5.2: Revised references to "approved" and "approved materials" to avoid potential conflict with Section 103.

Deleted references to "polybutylene piping (existing installations)" from several RCNYS sections for consistency with corresponding PCNYS sections.

Revised several RCNYS plumbing sections in reference to freezing/climate conditions, as they apply specifically to New York State, for consistency with corresponding PCNYS and MCNYS sections.

BCNYS

Section 101.4.7: Corrected description of the matters regulated by the Energy Conservation Construction Code of New York State.

Section 202: Removed definitions of terms not used in the BCNYS.

Section 1107.2.2: Revised to clarify that the cross-reference to section 1003.11 would apply to Type A dwelling units and the cross-reference to section 1004.11 would apply to Type B dwelling units.

Section 1107.2.1: Revised to clarify that the exception would apply to a room containing only a lavatory and a water closet, provided it does not contain the only lavatory or water closet on the accessible level of the unit.

Section 707.14.1: Revised to clarify that Exception No. 4 does not apply to certain Group I-2 spaces.

Section 1014.2: Revised Exceptions 2 and 3 to Item No. 2. Item No. 2 provides that egress shall not pass through kitchens, storage rooms, closets or similar spaces. Exceptions 2 and 3 were originally written as requirements rather than exceptions; they were revised for clarity.

Sections 1403.2 and 1403.7: Added provisions relating to condensation protection requirements that mirror provisions in the ECCCNYS. These provisions are repeated in the BCNYS as a convenience to the user; these provisions would be applicable by operation of the ECCCNYS even if they were not repeated in the BCNYS.

Table 1704.1: Reference to Section 704.10 changed to a reference to Section 1704.1. Also, this Table appeared in two places in the BCNYS; the duplicate Table was deleted.

Section 907.2.1: Marginal note added at to indicate that the section was modified by deletion of the phrase "and an automatic fire detection system".

Section 1007.1: Deleted Exception 1. Exception 1 dealt with alterations, which are addressed in the EBCNYS.

Section 3109.6: Revised to provide that swimming pool suction outlets must be designed and installed in accordance with standard ANSI/APSP7. Also revised provisions relating to entrapment avoidance in a manner which is acceptable to the Department of Health and which satisfies the requirements of the Federal Virginia Graeme Baker Pool and Spa Safety Act.

Section 310.1: Added the term "multiple dwelling" to the descriptions of groups R-1 and R-2 residential occupancies, to provide clarity and coordination where the term is used for fire safety inspection requirements in 19 NYCRR Part 1203.

Table 503: Corrected error relating to height and building area limitations for building of Group B occupancy and Type VB construction, where the height limitation of 2 stories appeared on the next line with the building area limitation of 9,000 square feet.

Table 720.1(3): Revised to add a floor/roof construction assembly category as a prescriptive fire-resistance-rated building element in order to provide an additional available assembly having a known fire-resistance rating.

Section 902.1: Added definitions of "Ceiling Limit" and "Clean Agent."

Sections 903.2.8, 903.3.7, and 3310.3: Added provisions relating to automatic sprinkler systems in Group S-1 occupancies, approval of fire department connections, and temporary stairway floor number signs that mirror provisions in the FCNYS. These provisions are repeated in the BCNYS as a convenience to the user; these provisions would be applicable by operation of the FCNYS even if they were not repeated in the BCNYS.

Sections 907.2.4 and 907.2.9.1.3.1: Deleted exceptions relating to manual fire alarm boxes in certain Group F occupancies and notification devices in certain student housing, to resolve inconsistencies with the FCNYS.

Section 1002.1: Corrected section reference in the definition of "Merchandise Pad."

Section 1109.2: Revised to address accessibility in toilet and bathing facilities of a private office and to clarify when doors are permitted to swing into the clear floor space and under what conditions normal water closet height requirements do not apply.

Table 2308.10.3(4): This Table, which provides prescriptive rafter spans for snow loading conditions, was revised by eliminating the error of duplicate pages providing the same rafter spans for the same 50 psf ground snow loading condition for 19.2" and 24" rafter spacings and adding rafter spans for the 50 psf ground snow loading condition for 12" and 16" rafter spacings that have been pre-engineered in order to offer additional readily available design options.

Section 3002.4: Clarified provisions concerning the size of elevator car sizes.¹

Chapter 35: Added ANSI/APSP7-2006, ASTM-F2387, NFPA-654, and NFPA-50 to the list of standards.

PCNYS

Section 412.4: Revised to provide that floor drains are not required in toilet rooms designed for use by a single individual.

Chapter 13: Added ANSI / CSA Z21.10.1 and Z21.10.3; ASME A17.1; ASTM E119 and E814; CSA B125.1; ICC ANSI/ICC A117.1 and PMCNYS; NFPA 288; UL 1479; NYSDEC Design Standards -1988 and NYSDEC GLUMRB WW to the list of standards.

MCNYS

Chapter 1: Changed chapter title from "Administration" to "General Requirements."

Section 801.20: Added statement that "joints shall also be made in accordance with ASTM F 402" for consistency with other sections of the MCNYS, FGCNYS and PCNYS.

Chapter 15: Added ANSI-Z21.50 (CSA 2.22), ANSI-Z21.60 (CSA 2.26), the PMCNYS, NFPA-70, NFPA-288, UL-647, UL-864 and UL-1479 to the list of standards.

FGCNYS

Section 202: Added definition of "Code."

Section 310.2: Revised to remove the requirements that the bonding clamp on a gas piping system that CSST must be (1) inside the building and (2) as close as practicable to the point where the gas service enters the building.

Section 404.7: Revised to clarify that CSST may be installed outdoors.

Section 601.2: Added provision relating to combustion air for fireplaces that mirrors a provision in the BCNYS. This provision is repeated in the FGCNYS as a convenience to the user; this provision would be applicable by operation of the BCNYS even if it was not repeated in the FGCNYS.

Chapter 8: Changed the list of standards as follows: removed AWWA-C111 and MSS-SP-69; and added ANSI-Z21.21, ASME-B31.3, ASTM-E119, ASTM-E814, the PMCNYS, NFPA-70, NFPA-288 and UL-1479.

FCNYS

Section 907.2.7: Added exceptions relating to fire alarms in covered mall buildings and removal of manual fire alarm boxes in sprinklered buildings, to resolve inconsistency with the BCNYS.

Section 1103.5: Revised to provide that dispensing, transferring and storage of flammable and combustible liquids in aircraft motor vehicle fuel-dispensing stations shall be in accordance with NFPA 407, rather than Chapter 22.

Section 308.3.8: Revised to prohibit candles, incense and other similar open-flame producing items in sleeping units and dwelling units in Group R-2 dormitory occupancies. The original draft would have prohibited such items in sleeping units only.

Section 807: Added a new provision (Section 807.1) to provide that, subject to certain stated exceptions, curtains, draperies, hangings and other decorative materials suspended from walls or ceilings in occupancies in Groups A, E, I and R1 and dormitories in Group R2 must meet the flame propagation performance criteria of NFPA 701 in accordance with Section 806.2 or be noncombustible.

Section 610: Revised provisions relating to carbon monoxide alarms.

Section 503.1.1: Added the word "detached" to Exception #3, to clarify that fire apparatus access roads are not required for detached one and two-family dwellings.

Section 903.2.8: Added new condition (#4) to include commercial trucks or buses where the fire area exceeds 5,000 square feet, to coordinate with an S-2 occupancy which requires a smaller fire area threshold.

Section 907.2.9.1.3.1: Added an exception for the building fire alarm system in high-rise buildings, to coordinate with the specialized alarm reference for high-rise buildings in Section 907.2.12.2.

Section 1001.2: Added exception regarding rehabilitation aspects and manner of egress per the EBCNYS, to coordination between the FCNYS and EBCNYS Sections 705.1 and 902.3.5.

Chapter 45: Changed the list of standards as follows: changed the publication dates of Codes of NYS from 2009 to 2010 and ASTM-84 from 2004 to 2005; removed NFPA-490 and NFPA-498; and added CSA-6.19, the EBCNYS, UL-2034 and UL-2075.

PMCNYS

Sections 304 and 305: Added references to the Federal requirements that may apply to certain activities in buildings that may contain lead-based paint.

PMCNYS smoke alarm provisions: Revised to eliminate the differences between the PMCNYS provisions and the corresponding FCNYS provisions.

Appendix E: Added "This appendix is informative and is not part of the code."

Chapter 8: Added NFPA-720 to the list of standards.

EBCNYS

Section 705.3.3: Revised to provide that all buildings with Group A occupancies of 100 or more (instead of 300 or more) must have a main entrance capable of an egress capacity of half the total occupant load. The threshold of 100 (rather than 300) is in the current version of the Uniform Code.

Sections 708.1 and 708.2: Changed references to Chapter 5 to references to Chapter 6.

Section 705.7.3: Changed "comply with Section 705.7.1 and 705.7.3" to "comply with Section 705.7.1 and 705.7.2."

Section 502.1: Added a reference to the Federal requirements that may apply to certain activities in buildings that may contain lead-based paint.

Chapter 15: Added NFPA-13 to the list of standards.

Appendix A: Changed the list of standards as follows: Changed the publication dates of all Codes of NYS from 2009 to 2010; removed ICC-UBC23.-2; and added ASTM A615.

OTHER

In each Code Book, (1) references to statutory provisions relating to relationship of the Uniform Code to other laws, rules and regulations were added to Section 102.2; (2) language distinguishing between alternative materials, designs and methods of construction and variances was added to Section 103.3; (3) minor typographical errors were corrected; (4) section numbers were changed to eliminate duplications and inconsistencies, without changes to the text; and (5) other changes, such as adding the phrase "New York State" before the name of a State agency, changing a reference to an "International" code to a reference to the appropriate New York State Code, and changing references to the "ICC Electrical Code" to references to BCNYS Chapter 27, were made.

¹ The RIS discusses a change made to the current version of BCNYS Section 3002.4 (in the 2007 BCNYS) to increase the size requirement of certain elevators to accommodate ambulance stretchers of a specific size/configuration. The change made to 2010 BCNYS Section 3002.4 clarified the section without the requirements or meaning of that Section; therefore, the change does not necessitate a Revised RIS.

Revised Regulatory Flexibility Analysis

The changes made to the rule text since the publication of the Notice of Proposed Rule Making are described in the annexed document entitled "Statement Explaining Why Revised Regulatory Impact Statement is not Required."

None of the changes affects the issues addressed in the Regulatory Flexibility Analysis for Small Businesses and Local Governments and, therefore, a Revised Regulatory Flexibility Analysis for Small Businesses and Local Governments is not required.

Revised Rural Area Flexibility Analysis

The changes made to the rule text since the publication of the Notice of Proposed Rule Making are described in the annexed document entitled "Statement Explaining Why Revised Regulatory Impact Statement is Not Required."

None of the changes affects the issues addressed in the Rural Area Flexibility Analysis and, therefore, a Revised Rural Area Flexibility Analysis is not required.

Revised Job Impact Statement

The Department of State has determined that it is apparent from the nature and purpose of the proposed rule making that it will not have a substantial adverse impact on jobs and employment opportunities.

This rule making would repeal the current version of the State Uniform Fire Prevention and Building Code (the AUniform Code@), and add a new version of the Uniform Code. The current version of the Uniform Code, which is found in 19 NYCRR Parts 1220 to 1228, inclusive, and the publications incorporated by reference in 19 NYCRR Parts 1220 to 1227, inclusive, went into effect January 1, 2008 and is based on the 2003 editions of the International Residential Code, International Building Code, International Plumbing Code, International Mechanical Code, International Fuel Gas Code, International Fire Code, International Property Maintenance Code, and International Existing Building Code, as developed by the International Code Council (ICC). The new version of the Uniform Code will be based on the 2006 editions of corresponding international codes as developed by the ICC.

The International Codes incorporate the most current technology in the areas of building construction and fire prevention. To maintain this currency, the International Codes are updated every three years. As a consequence, the Department of State concludes that this update, which is based upon the newer (2006) versions of the International 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 rule making will not have a substantial adverse impact on jobs and employment opportunities within New York.

Assessment of Public Comment

Comment 1: The code format should be revised pages instead of completely new sets of books.

Response: New sets of books are needed because of the thousands of New York modifications made to the ICC codes. Also, DOS was unable to obtain copyright agreement with the ICC to include the codes in 19 NYCRR.

Comment 2: Modify BCNYS 1107.2.2 to make it clearer that the minimum requirement for Type B dwelling units is to have at least one Type A unit toilet and bathing facility and remaining facilities be Type B.

Response: Agree - modifications made.

Comment 3: The term "accessible" used in the exception to BCNYS 1107.2.1 is confusing since a Type A or B toilet complies with this chapter and the exception would never apply.

Response: The exception was intended to apply to rooms containing only a lavatory and a water closet based on Section 1004.11.2 of ANSI A117.1, which requires wall reinforcement in Type B for the future installation of grab bars and shower seats. An exception applies to a room containing only a lavatory and toilet, provided it does not contain the only lavatory or toilet on the accessible level of the unit. Minor modifications made.

Comment 4: BCNYS 707.14.1 requires an enclosed elevator lobby at each floor where an elevator shaft connects more than three stories. A modification should be made to clarify that it does not apply to I-2 occupancies because BCNYS 407 requires stories in I-2 occupancies to be subdivided by smoke barriers when they are used by patients for sleeping or treatment or when occupied by 50 or more persons.

Response: Language could be added to Exception #4 to clarify that it does not apply to certain I-2 spaces, however all I-2 uses should not be included because some stories in Group I-2 occupancies are not required to be subdivided by smoke barriers. The section is further simplified by stating it does not apply to high-rise buildings. A modification was made similar to 2009 IBC language.

Comment 5: BCNYS 1014.2, item 2, Exception 2 is inappropriately written as a requirement instead of an exception.

Response: The same can be said for item 2 exception 3. Minor modifications were made based on 2009 IBCNYS text.

Comment 6: BCNYS 1007.1 Exception 1 states "Accessible means of egress are not required in alterations to existing buildings." Requirements for alterations are in the EBCNYS, thus this exception should be deleted.

Response: Agree, exception deleted.

Comment 7: BCNYS 3109.6 should require ANSI/APSP-7, which provides protection from entrapment.

Response: Agree, section revised. In addition, definition of "unblockable drain" was clarified to address Department of Health's concern.

Comment 8: EBCNYS 705.3.3 requires buildings with Group A occupancies of 300 or more to have a main entrance capable of an egress capacity of half the total occupant load, and the current New York requirement is 100.

Response: Agree - section revised by substituting 100 for 300 (as in the 2007 EBCNYS).

Comment 9: Delete RCNYS AG106.1 through AG106.5, and replace with AG106.1 of the 2009 ICC RC. The swimming pool and spa industry support the adoption by New York of these ICC revisions. The 2006 revisions fail to guard against all forms of entrapment and will result in the public having a false sense of security. The 2009 ICC revisions also comply with the Virginia Graeme Baker Federal Pool and Spa Safety Act but the 2006 revisions do not.

Response: Agree - changes made. New information and technology has contributed to a new national ANSI/APSP consensus standard that addresses causes of entrapment.

Comment 10: PMC 305.3: Recommend adding requirements for lead based paint based on the Federal Standards that went into effect April 22, 2010.

Response: New language clarifies that federal law does exist and needs to be complied with. Other code sections for this issue were added. This information was added to the PMCNYS 304.2 and 305.4 and in the EBCNYS 502.1.

Comment 11a: FCNYS 1106.1 regarding Aviation Self Service Fueling Facilities should reference NFPA 407, not Chapter 22. Also, a specific reference section should be added that allows for self service fueling stations at airports. This is not possible or practical from an aviation/airport stand point and most states allow NFPA 407 standards.

Comment 11b: FCNYS 2206.8 requires an automatic fire-extinguishing system for all new flammable liquid motor fuel-dispensing systems. FCNYS 2206.8 requires an automatic fire-extinguishing system for aircraft motor vehicle fuel-dispensing stations. It is not practical to provide an automatic system to cover the hazard area associated with aircraft fueling (100 low lead gasoline), especially self-service and is in conflict with FAA FAR Part 77.

Response: Agree - change made to NFPA 407. The requirements for automatic fire suppression system were not intended to apply to aircraft fueling operations.

Comment 12: Change FCNYS 308.3.8 from "in sleeping units" to "in sleeping and dwelling units" which is clearer and is supported by rules established by most colleges.

Response: Agree - change made.

Comment 13: Add to FCNYS 808.3 that bulletin boards, posters and paper attached directly to the wall shall not exceed 20 percent of the aggregate wall area to which they are applied, which is consistent with NFPA 1 (2009):12.5.6.3. The current code is silent on bulletin boards and paper on walls.

Response: Agree that, with other safeguards in current college housing, lesser restrictions would be appropriate. Instead of the section proposed in the comment, 2009 IFCNYS 807.1 (2 exceptions) is appropriate.

Comment 14: FCNYS 611 text regarding carbon monoxide alarms is difficult to understand.

Response: Revised text more clearly lists the occupancies covered and allows NFPA 720 as an alternative.

Comment 15: PCNYS 412.4 requires a floor drain in all public restrooms, which includes single use restrooms. Normally floor drains are not installed in individual use toilet rooms.

Response: Agree -modification made. Floor drains only intended for larger public restrooms.

Comment 16: CSST should be listed for outdoor use in accordance with performance requirements contained within Sections 1.1.2; 1.8(n); and 2.14 of the listing standard ANSI LC-1 (2005). Other comments received indicate that the bonding jumper should be kept as short as practicable.

Response: Based on other comments received, manufacturer's installation instructions and the applicable listing standard, installing CSST outdoors on the exterior of the building is acceptable. The following sections were modified: RNYSC G2411.2 (310.2), G2411.2.2, and G2415.7; FGNYS 310.2, 404.7, and 310.2.2.

Comment 17: Agree that driveways for residential buildings built to the FCNYS 508.5.1 appropriately require fire department access.

Response: None required.

Comment: Delete reference to FEMA/FIA TB11-2001 from RCNYS 408.7.

Response: Deleted the exception that contains the reference.

DOS also received comments indicating that text in code book(s) should be revised to make the text clearer or more accurate. The following changes were made in response to these comments:

• BCNYS 907.2.1: Margin notations added to indicate that text, as compared to the 2007 version, has been modified.

• BCNYS Table 1704.1: Duplicate Table 1704.1 deleted, and reference to Section 704.10 changed to reference to Section 1704.1.

• EBCNYS 705.7.3: Reference to 705.7.3 changed to reference to 705.7.2.

• EBCNYS 704.2.2 and 804.1.2: Revised text to clarify that the sprinkler requirements for low rise buildings are not more severe than those for high rise, and to relocate and clarify the exception.

• ECBNYS 708.1 and 708.2: Changed reference to Chapter 5 to reference to Chapter 6.

• FCNYS 907 and PMCNYS 704: Revised to make the smoke alarm requirements consistent.

The DOS also received comments on the following topics, but made no changes in response to these comments for the reasons set forth in the full Assessment.

• BCNYS 715.4.7 should have an exception for door closers on classroom doors in schools.

• EBCNYS 704.2.1.1 does not indicate the specific occupancy that is required to comply with this section.

• BCNYS 903.2.9.1 should contain an exception that would allow bus garages of a certain size to not be sprinklered.

• BCNYS 715.4.7 should contain an exception to not require door closers on classroom doors in schools.

• BCNYS 1009.3 should permit sixty degree ships ladders to access the rooftop observation deck above a school press box.

• BCNYS Section 2902.3 should have an exception in for toilet rooms and facilities designated for use by children in daycare.

• BCNYS 308.5.2 should include definitions of "wall" and "room" in the exception.

• BCNYS 2107.5: Replace the minimum length of lap splices for reinforcing bars of for masonry construction with the minimum lengths required of ACI 530-05.

• Require all R-4 occupancies be built using the BCNYS instead of the RCNYS.

• BCNYS 1002.1: Modify the definition for "accessible means of egress."

• BCNYS 1612.4: Change requirements for base flood elevations.

• BCNYS 1026.1 should require better access from rescue windows for school buildings as required by the NYS Department of Education.

• EBCNYS 1002.2 should allow an increase of 10% of the existing building area in educational occupancies.

• RCNYS: Delete Table E3503.1, replace with NFPA 70.

• RCNYS E3401.1: Remove the definition "Grounded, Effectively."

• RBCNYS 310: Should not allow emergency escape windows under decks and porches.

• Require community residences to be built under BCNYS, not RCNYS requirements.

• PMCNYS 606.1: Add additional requirements for elevator inspection records.

• FCNYS 903.3.7: Fire Chief (not the CEO) should be the arbiter of fire hose and fittings.

• FCNYS 903.2.1: Eliminate the requirement that A occupancies be sprinklered.

• FCNYS 405.4: Should permit a fire marshal to allow exemptions during a fire drill.

• FCNYS F408.5.5: Strengthen the fire drill evacuation requirements for colleges.

• FCNYS 508.3: Should require use of 2009 edition of NFPA 1.

• FCNYS: Add requirement of on-site review of inspection, testing and maintenance programs documents (as in 2007 FCNYS 901.6.2).

• FCNYS: Add exception for A and B occupancies equipped throughout with quick-response sprinklers (as in 2007 FCNYS 906.1). Presence of portable fire extinguishers in equipped A and B occupancies may lengthen evacuation.

• FCNYS should prohibit smoking in Group R-2 dormitories.

• FCNYS 403.1.2: Clarify that the fire watch is not in lieu of fire alarm and fire sprinkler systems.

• FCNYS 903.2.8(1) allows boat storage up to 12,000 square feet without a sprinkler system, which is too large a space to not require sprinklers.

• FCNYS and BCNYS: Update all NFPA Standards to the newest editions.

• MCNYS 506.3.2.5: Requires a light test for grease ducts; add water pressure test as an alternative.

• MCNYS 507.2.2(4): Provide Panimi makers to the list of appliances exempt from Type II hood requirement.

• MCNYS 507.12: Addresses Type I and Type II Kitchen Hoods; change to "top horizontal surface" back to "cooking surface."

• PCNYS 1113: Water-powered sump pumps that involve a cross connection between potable water systems should be prohibited.

• PCNYS Table 403.1: Add a footnote to require toilet facilities used for staff and/or visitors to be separate from those used by children in daycare occupancies.

• FGCNYS Appendix D: Change the appliance gas shut-off valve placement for commercial grade 36 inches or above and/or weighting 150 lbs or above.

• FGCNYS: Should require propane copper lines to be coated yellow for identification purpose and orange for fuel oil.

• FGCNYS 623.1: Should not permit portable BBQ units to be hooked to permanent gas lines unless the BBQ unit is permanently mounted to floor or slab.

• RCNYS 2411 and FGCNYS 310: Add text for bonding of corrugated stainless steel tubing (CSST) that recognizes technology which has proven to be effective and is listed by ICC ES-PMG 1058.