Standards for the Construction and Maintenance of Buildings and Structures and for Protection f...

NY-ADR

12/22/10 N.Y. St. Reg. DOS-02-10-00012-AA
NEW YORK STATE REGISTER
VOLUME XXXII, ISSUE 51
December 22, 2010
RULE MAKING ACTIVITIES
DEPARTMENT OF STATE
AMENDED NOTICE OF ADOPTION
 
I.D No. DOS-02-10-00012-AA
Filing No. 1237
Filing Date. Dec. 03, 2010
Effective Date. Dec. 28, 2010
Standards for the Construction and Maintenance of Buildings and Structures and for Protection from the Hazards of Fire (New York State Uniform Fire Prevention and Building Code)
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.
Amended action:
This action amends the rule that was filed with the Secretary of State on September 14, 2010, to be effective December 28, 2010, File No. 949. The notice of adoption, I.D. No. DOS-02-10-00012-A, was published in the September 29, 2010 issue of the State Register.
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 (the New York State Uniform Fire Prevention and Building Code).
Purpose:
To amend the New York State Uniform Fire Prevention and Building Code to assure that it effectuates the purposes of Article 18 of the Executive Law and the specific objectives and standards set forth in such Article.
Substance of amended 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.
Amended rule as compared with adopted rule:
Nonsubstantive revisions were made in sections 1220.1, 1221.1, 1222.1, 1223.1, 1224.1, 1225.1, 1226.1 and 1227.1.
Text of amended rule and any required statements and analyses may be obtained from:
Raymond Andrews, Department of State, 99 Washington Ave., Albany, NY 12231-0001, (518) 474-4073, email: [email protected]
Additional matter required by statute:
At its meeting held at Albany, New York on December 1, 2010, the Code Council found and determined that making this rule amending the previously adopted rule effective on December 28, 2010 (the date on which the previously adopted rule would have become effective) is necessary to protect health, safety and security.
Revised Regulatory Impact Statement, Regulatory Flexibility Analysis and Rural Area Flexibility Analysis
This rule amends a previously adopted rule that amended the State Uniform Fire Prevention and Building Code (the "Uniform Code") by repealing Parts 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227, and 1228 and adding new Parts 1220, 1221, 1222, 1223, 1224, 1225, 1226, 1227 and 1228 to Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York. Notice of Adoption of the previously adopted rule was published in the State Register on September 29, 2010. The effective date of the previously adopted rule is December 28, 2010.
The previously adopted rule incorporates by reference a number of publications, including the 2010 editions of the following publications (collectively, the "Code Books"): the Residential Code of New York State (the "2010 RCNYS"), the Building Code of New York State (the "2010 BCNYS"), the Plumbing Code of New York State (the "2010 PCNYS"), the Mechanical Code of New York State (the "2007 MCNYS"), the Fire Code of New York State (the "2007 FCNYS"), the Property Maintenance Code of New York State (the "2010 PMCNYS"), and the Existing Building Code of New York State (the "2010 EBCNYS").
The previously adopted rule made non-substantive changes to the rule text as originally proposed, including non-substantive changes to the Code Books. The non-substantive changes made to the rule text between the publication of the Notice of Proposed Rule Making and the filing of the Notice of Adoption of the previously adopted rule are described in the "Statement Explaining Why Revised Regulatory Impact Statement is not Required" attached to and published with that Notice of Adoption.
This rule makes non-substantive changes to the previously adopted rule, including certain additional non-substantive changes to the Code Books. The non-substantive changes made to the rule text since publication of the Notice of Adoption of the previously adopted rule include the following:
(1) 19 NYCRR sections 1220.1(c)(2), (3) and (4) were renumbered as sections 1220.1(c)(3), (4) and (5), and a new section 1220.1(c)(2) was added. New section 1220.1(c)(2) amends and restates 2010 RCNYS section 313.4, relating to the installation, operation and maintenance of carbon monoxide alarms, to clarify its meaning.
(2) Former 19 NYCRR section 1220.1(c)(4), renumbered as section 1220.1(c)(5), was amended to add the word "Section" to Section J102 in Appendix J of the 2010 RCNYS.
(3) New 19 NYCRR section 1220.1(c)(6) was added to add Section RAJ704.4 to Appendix J of the 2010 RCNYS. Section RAJ704.4 relates to bed and breakfast dwellings, and is substantially similar to a provision contained in the currently effective edition of the RCNYS. Section RAJ704.4 was inadvertently omitted from the draft of the 2010 RCNYS that existed when the Notice of Proposed Rule Making was published.
(4) New 19 NYCRR section 1220.1(c)(7) was added to correct certain cross-references in Sections AJ401.3, AJ501.3, AJ601.5, AJ803.2, AJ901.3 and AJ1001.4 in Appendix J of the 2010 RCNYS.
(5) New 19 NYCRR section 1221.1(c) was added to correct a typographical error in Table 508.2 of the 2010 BCNYS and to add the text of footnote "e" to Table 508.3.3 of the 2010 BCNYS.
(6) 19 NYCRR section 1225.1(c) was amended to correct a mis-numbering of the paragraphs in that subdivision; to combine paragraphs (1) and (2) into a single paragraph (1) that makes further clarifications to Section 610 of the 2010 FCNYS; to add a new paragraph (2) that corrects typographical errors in Section 1028.8.2 of the 2010 FCNYS; and to add a new paragraph (3) that corrects typographical errors in Section 1029.7 of the 2010 FCNYS.
None of the non-substantive changes made to the previously adopted rule by this rule affects the issues addressed in the Regulatory Impact Statement. Therefore, a revised Regulatory Impact Statement is not required.
Revised Job Impact Statement
The Department of State has determined that it is apparent from the nature and purpose of the previously adopted rule, as amended by this Amended Notice of Adoption, that it will not have a substantial adverse impact on jobs and employment opportunities.
The previously adopted rule, as amended by this Amended Notice of Adoption, repeals the current version of the State Uniform Fire Prevention and Building Code (the “Uniform 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, the rule, as amended by this Amended Notice of Adoption, will not have a substantial adverse impact on jobs and employment opportunities within New York.
End of Document