Section 1219.1 Uniform Fire Prevention and Building Code

The New York State Uniform Fire Prevention and Building Code (the Uniform Code), adopted pursuant to Article 18 of the Executive Law, includes Part 1220 (Residential Construction), Part 1221 (Building Construction), Part 1222 (Plumbing Systems), Part 1223 (Mechanical Systems), Part 1224 (Fuel Gas Equipment and Systems), Part 1225 (Fire Prevention), Part 1226 (Property Maintenance), Part 1227 (Existing Buildings), [and] Part 1228 (Rail Stations), and Part 1229 (Other Uniform Code Provisions) of this Title and the publications incorporated by reference into those Parts.

2. Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended by adding a new Part 1229 to read as follows:

Please see the Appendix at the end of this issue for the image of the grease interceptor warning sign.

(1) Upon expiration of the prior, substantially similar version of this rule that was adopted as an emergency on March 22, 2022, the Uniform Code, which is adopted pursuant to Article 18 of the Executive Law and which is applicable in all parts of the State (except New York City, which has its own building code), will no longer have provisions that require every grease trap or interceptor to be designed and maintained to withstand expected loads and to prevent unauthorized access or require the installation of a warning sign or symbol on or in the vicinity of such grease traps or interceptors.

(2) This rule would amend the Uniform Code to include provisions addressing subdivision eighteen of Executive Law section 378, as amended and effective March 22, 2022, to include the aforementioned provisions.

(3) Chapter 753 of the Laws of 2021 and Chapter 47 of the Laws of 2022 provide that the amendments to new subdivision eighteen of Executive Law section 378 shall be effective on the ninetieth day after it shall have become law, or March 22, 2022, however, that effective immediately, the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation of the amendments to Executive Law section 378 on its effective date are authorized to be made and completed on or before such effective date.

(4) A rule amending the Uniform Code to add this new provision is necessary.

(5) Developing, proposing, adopting, and implementing such a rule to become effective at least ninety days after the date on which notice of such change has been published in the State Register would delay the effective date of the rule and be inconsistent with the mandate provided in Chapter 47 of the Laws of 2022.

(6) Adopting such a rule, to be effective on July 6, 2022, is necessary to protect health, safety, and security.

1. STATUTORY AUTHORITY

Article 18 of the Executive Law (§ 370-383) establishes the State Fire Prevention and Building Code Council (“Code Council”) and authorizes such Code Council to formulate a code to be known as the Uniform Fire Prevention and Building Code (“Uniform Code”). The statutory authority for this rule is Executive Law § 377(1), which authorizes the Code Council to formulate and amend the Uniform Code.

Effective March 22, 2022, Executive Law § 378 was amended to provide that the Uniform Code shall address the following subject:

18. Standards requiring that grease traps or interceptors located in a place that may be accessible by the public, or located inside any food service establishment, or located in any other building that is open to the public, shall be designed and maintained to withstand expected loads and to prevent unauthorized access. Such standards shall also include requiring the installation of a warning sign or symbol, as determined by the council, on or in the vicinity of such grease traps or interceptors. Such standards shall apply to new and existing grease traps and interceptors. For the purposes of this subdivision, "food service establishment" shall have the same meaning as in part fourteen of title ten of the New York code of rules and regulations.

Chapter 753 of the Laws of 2021 and Chapter 47 of the Laws of 2022 provide that the amendments to Executive Law § 378 shall be effective March 22, 2022; provided, however, that effective immediately, the addition, amendment, and/or repeal of any rules or regulations by the Secretary of State and/or by the Code Council necessary for the implementation of the amendments to Executive Law § 378 on its effective date are authorized to be made and completed on or before such effective date. An emergency rule making was previously promulgated for such purpose and has been in effect since March 22, 2022.

This rule making would amend the Uniform Code to include provisions addressing new subdivision eighteen of Executive Law § 378, as amended and effective March 22, 2022.

Consequently, it is the determination of the Department of State (“DOS”) and the Code Council that Executive Law § 377 and § 378, and Chapter 753 of the Laws of 2021 and Chapter 47 of the Laws of 2022, authorize the regulation.

This rule will amend the Uniform Code adding a new Part 1229 to Title 19 of the New York Codes, Rules and Regulations (“NYCRR”), which will contain specific provisions in relation to the installation, modification, use, and maintenance of grease interceptors, commonly referred to as grease traps, and amending section 1219.1 of Title 19 of the NYCRR to provide that new Part 1229 is part of the Uniform Code.

2. LEGISLATIVE OBJECTIVES

DOS and the Code Council interpret the legislative objectives of new subdivision eighteen of Executive Law § 378 to include requiring that grease interceptors located in a place that may be accessible by the public to be designed and maintained (1) to withstand expected loads, (2) to prevent unauthorized access, and (3) to have a warning sign or symbol installed on or in the vicinity of the grease interceptor.

3. NEEDS AND BENEFITS

This rule will amend the Uniform Code to include certain safety provisions and requirements that shall apply to both new and existing grease interceptors. This change is necessary to comply with the recent statutory amendment to Executive Law § 378. Specifically, the rule will require: (1) the installation of a warning sign or signs on or in the vicinity of all covers providing access to a grease interceptor; (2) all grease interceptors and their covers to be designed and maintained to withstand expected loads; and (3) all covers providing access to the grease interceptors be restricted or secured from those who are not authorized to access the grease interceptor, and be tight-fitting to prevent sliding, rotating, or flipping to expose the opening.

4. COST

For many existing facilities, the estimated costs to comply with this rule will be minimal and only include the purchase and installation of a warning sign, or possibly two, for each grease interceptor. These specified signs can be purchased from local sign shops or internet providers for approximately $40 each for the larger 10” x 14” signs or approximately $7 for the smaller 5” x 7” adhesive backed signs which are acceptable for certain smaller grease interceptors. The sign could be mounted to a wall or a signpost, adding approximately $5 to $30 in material costs. The labor cost of installing the signs will vary from location to location, but is expected to take between 10 minutes for mounting the sign on existing walls or up to two hours to install the sign with an anchored signpost and can likely be accomplished by facility staff with no specialized tools or skills required. A smaller adhesive backed sign will take less than 5 minutes to install including surface preparation (cleaning) to attach an adhesive backed sign to a grease interceptor or adjacent wall.

Existing smaller interior below the sink style grease interceptor access covers may not have been required to be secured from unauthorized access by the Uniform Code in effect at the time of installation. Therefore, an additional cost to existing facilities would be to secure the covers of these types of grease interceptors. For some existing interceptors, this can be accomplished by adding two hasps and keyed alike padlocks or other devices requiring a tool to remove the covers, and is estimated to cost $50 for materials and per lid.

It is important to note that the current Uniform Code already requires grease interceptors to be maintained, secured, and designed to withstand expected loads; therefore, many of the provisions of this rule would not be considered a new cost. For new grease interceptors installed pursuant to the provisions of this rule, similar to the existing ones noted above, the addition of a sign at the costs noted above will be required and the smaller interior grease interceptors will now need to be secured as noted.

Exterior below-grade grease interceptors could be located in areas not subject to vehicular loading or in paved areas where vehicle loading is possible. Depending on the location and expected loads, covers may be of either a plastic style or something more durable such as concrete risers with a cast iron frame and cover. A replacement plastic cover would cost approximately $60 each. With each exterior below-grade grease interceptor typically having two or three access covers it is still anticipated that the installation of a new replacement cover with screws will be a negligible amount for an authorized facility staff member or a service technician to secure the cover with screws while performing other routine maintenance, provided that the available lids are compatible with the risers. If a riser also needs to be replaced, the cost is estimated to be $500 to $600 for non-traffic loaded scenarios.

For facilities with grease interceptors located in traffic locations, new risers and cast-iron lids along with the excavation, backfill, and pavement patching will likely cost $1,500 for a grease interceptor with two access openings. Another option allowed by the rule that facilities may choose is to fence or enclose the area with access openings. Fencing a 15 by 15-foot area with a 48-inch chain link fence with a 4-foot self-closing gate will cost $3,200.

The least common but most expensive situation is where the grease interceptor is determined to be incapable of supporting the expected loads and the grease interceptor must be replaced. The cost of materials and installation of two new 1,250-gallon gravity grease interceptors in series is expected to cost between $15,000 and $35,000. Many factors could impact the cost of installation that cannot be readily estimated for all scenarios such as site access, contaminated soils, pavement type, interceptor size, hazardous materials such as asbestos piping, the presence and relocating of other adjacent utilities, and many other site-specific requirements.

Grease interceptors regulated by this rule are regulated by the current version of the Uniform Code. Any entity with jurisdiction to administer and enforce the Uniform Code will already have in place a means to implement and continue to administer the provisions of the Uniform Code. The potential additional cost of implementing and continued administration of the provisions would be in the form of reviewing building permit applications, issuing building permits, performing construction inspections, and issuing close-out documents evidencing compliance, as necessary, for property owners to comply with any of the provisions. These potential costs to the entity with jurisdiction would, however, be typically charged to the permit applicant as part of a building permit fee.

The Department of State’s Division of Building Standards and Codes will provide training on the amendments to the Uniform Code for all local government code enforcement personnel in the State at no cost to the municipalities. Code enforcement personnel employed by the cities, towns, villages, and counties that are required to administer and enforce the Uniform Code will need to receive training regarding the new and amended provisions of the Uniform Code. However, such code enforcement personnel are already required by regulation (19 NYCRR Part 1208) to receive 24 hours of annual in-service training, and it is anticipated that the training needed to familiarize code enforcement personnel with the amendments to the Uniform Code to be implemented by this rule will be accomplished within that annual in-service training.

Local governments can obtain a copy of 19 NYCRR Part 1229 on the DOS website at no cost.

5. LOCAL GOVERNMENT MANDATES

This rule will not impose any new program, service, duty, or responsibility upon any county, city, town, village, school district, fire district, or another special district.

6. PAPERWORK

This rule will not impose any additional reporting or record keeping requirements. No additional paperwork is anticipated.

7. DUPLICATION

The rule does not duplicate any existing Federal or State requirement.

8. ALTERNATIVES

This rule making is required by the recent statutory amendment to Executive Law § 378; Chapter 753 of the Laws of 2021; and Chapter 47 of the Laws of 2022. Consequently, the alternative of not amending the Uniform Code to continue added provisions relating to grease interceptors was rejected.

DOS looked at several alternatives suggested by public comments but rejected alternatives for reasons further detailed in the full Regulatory Impact Statement. DOS received one public comment regarding the size of the warning signs for interior grease traps or interceptors and modified the requirements to address this comment.

9. FEDERAL STANDARDS

There are no federal standards that conflict with this rule.

10. COMPLIANCE SCHEDULE

This rule will become effective upon publication of the Notice of Adoption in the State Register. A prior, substantially similar version of this rule was adopted as an emergency rule on March 22, 2022. Therefore, regulated parties have already been complying with these requirements since March 22, 2022.

DOS previously notified interested parties throughout the State of a rule that is substantially similar to this emergency rule by means of a Notice of Emergency and Proposed Rule Making that appeared in the April 6, 2022, edition of the State Register, and the substantially similar rule was also posted on the DOS website and contained in Building New York, an e-bulletin sent by DOS to local governments, design professionals, and other persons and entities involved in the construction industry in all areas of the State.

The Department of State has determined that the changes made to the last published rule are non-substantive and do not necessitate a revision of the original Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement published in the Notice of Emergency Adoption and Proposed Rule Making in the State Register on April 6, 2022.

Those changes made to the rule are summarized as follows:

Section 1229-2.4(b)(2)(iv) of Title 19 NYCRR was modified for clarity.

Section 1229-2.4(b)(3)(ii) of Title 19 NYCRR was modified to allow adhesive backed signs for smaller grease interceptors that have a depth less than 24-inches when measured from the top of the access cover to the bottom of the tank.

An exception was added to Section 1229-2.4(b)(3)(iv) of Title 19 NYCRR to allow a smaller sign for smaller grease interceptors that have a depth less than 24-inches when measured from the top of the access cover to the bottom of the tank.

Section 1229-2.4(b)(3)(v) of Title 19 NYCRR was modified for clarity.

As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2025, which is no later than the 3rd year after the year in which this rule is being adopted.

This rule amends the New York State Uniform Fire Prevention and Building Code (the Uniform Code), 19 NYCRR Section 1219.1 and Part 1229, by adding provisions to require: (1) the installation of a warning sign or signs on or in the vicinity of all covers providing access to a grease interceptor; (2) all grease interceptors and their covers to be designed and maintained to withstand expected loads; and (3) all covers providing access to the grease interceptors be restricted or secured from those who are not authorized to access the grease interceptor, and be tight-fitting to prevent sliding, rotating, or flipping to expose the opening.

The Notice of Emergency Adoption and Proposed Rule Making was published in the State Register on April 6, 2022. A public hearing was held on June 8, 2022. The Department of State (DOS) received the comments described below.

COMMENT 1: A comment requested 1) that the minimum size of the sign not be mandated, 2) that the signage requirement only be applied to exterior grease traps, and 3) that the language of the sign be rephrased. Based on the other types of appliances and equipment within a kitchen and the physical limitations in the kitchen as to where the sign could go, it might be difficult to understand what the sign was intended to be associated with. Additionally, interior grease interceptors pose a reduced risk when compared to the larger exterior grease interceptors.

RESPONSE TO COMMENT 1: DOS recognizes the concern that a commercial kitchen is a visually busy location and that a below the sink style grease interceptor does not pose the same magnitude of risk as an exterior gravity grease interceptor, but the statute applies to all grease interceptors regardless of size. However, the regulation was updated to allow a smaller, adhesive-backed sign for smaller grease interceptors. This will allow the sign to be located in a more relevant location for the smaller grease interceptors, such as interior below the sink style grease interceptors.

COMMENT 2: A comment requested that the regulation be changed to exempt the sign requirement when unauthorized access is prevented.

RESPONSE TO COMMENT 2: An unsecured lid may pose a risk to people with access to an area with a grease interceptor or there may be times when the access control measures fail potentially allowing a child or another person to be exposed to the safety hazard. The intent of the sign is to notify and remind maintenance personnel to securely reattach the access cover. The statute also requires the installation of a warning sign or symbol for grease interceptors.

COMMENT 3: A comment suggested that most definitions be deleted and to rely on either the commonly accepted definitions of the terms or a global reference to the definitions found in the Uniform Code.

RESPONSE TO COMMENT 3: Terms were defined where more than one definition is used in the Executive Law and/or in the documents incorporated by reference into the Uniform Code. Other definitions were added for terms that are new to Part 1229 and some terms were defined to minimize the potential for misinterpretation of the provisions. The definitions were reviewed and it was determined that none of the definitions could be removed without compromising clarity or consistency.

COMMENT 4: A comment stated that “grease interceptor” does not need to be defined as it is already defined within the Uniform Code.

RESPONSE TO COMMENT 4: Currently, “grease interceptor” is already defined within both the Uniform Code and the reference standard. The definitions do have some variability; in the reference standard, “Prefabricated Gravity Grease Interceptors (ANSI/CAN/IAPMO Z1001-2014)” uses a minimum volume of 300 gallons (1136 liters) which is lower than the limit of 500 gallons in the Uniform Code. This was noted to DOS as a comment during the Notice or Rule in Development phase of this rule-making by a manufacturer of grease interceptors. Additionally, the law requires the provisions be applied to both grease traps and grease interceptors. The term grease trap is not included within the definition in the Uniform Code. The term grease trap is added to the term grease interceptor for the purposes of Part 1229. For these reasons, defining the term for the purposes of Part 1229 is essential and no changes were made.

COMMENT 5: A comment requested that the language in 1229-2.4(b)(1) which indicates in part that “… all other loads as applicable” be removed as it is too ambiguous, undefined, open to interpretation, unenforceable, and unnecessary, and that the standard applicable to grease interceptors by the Uniform Code already addresses structural strength of grease interceptors.

RESPONSE TO COMMENT 5: This language is needed as grease interceptors can be installed in a wide variety of locations and are subject to many different loads such as traffic, snow, pedestrian, etc. This gives the design professional the ability and the responsibility to specify or design a grease interceptor accordingly. Additionally, the standard noted in the Uniform Code does not apply to all grease interceptors covered by the new law.

COMMENT 6: A comment requested that the language “Openings in grease interceptors that provide access to the grease interceptor shall have covers that are…” in section 1229-2.4 (b)(1) be replaced with the phrase “Covers shall be provided and shall be…” because the language as worded would require other openings such as vents and air inlets to have watertight covers.

RESPONSE TO COMMENT 6: The requirement only applies to openings that “provide access” to a grease interceptor. Other openings such as a vent or air inlet would not be considered to be providing access.

COMMENT 7: A comment requested that the language “….watertight and secure, not capable of sliding, rotating, or flipping to expose the opening, and be capable of withstanding all expected earth, pedestrian, traffic, and other loads as applicable.” in 1229-2.4(b)(1) and the second sentence of section 1229.4(b)(2), and items (i), (ii), and (iii), be deleted as they are not necessary as they are already stated in the reference standard that is already part of the Uniform Code.

RESPONSE TO COMMENT 7: Although this language is already in the reference standard, the reference standard only applies to gravity grease interceptors; therefore, to ensure this requirement applies to all grease interceptors it must be included in Part 1229.

COMMENT 8: A comment requested that the word “authorized” and the phrase “access to grease interceptors” both be defined because the rule is unclear as to who grants authorization, and what it means to access the grease interceptor. The comment also questioned what measures were needed when installing a grease interceptor.

RESPONSE TO COMMENT 8: Authorization may be granted only by or through the building owner such as maintenance staff, or through the process of hiring a waste hauler to clean the grease interceptor. The intent is to keep the general public and other occupants that are not aware of the dangers associated with grease interceptors safe. The cover is the means of restricting access to the grease interceptor. The language does not indicate access to the cover shall be restricted, but access to the grease interceptor itself is to be restricted by the access cover. When installing a grease interceptor, by default, the installer would be authorized personnel. If the authorized personnel leave the site and the installation is incomplete, the installer would be required to prevent access by attaching the cover, installing a barrier, or other approved means or preventing unauthorized access to ensure the general public or other occupants are safe.

COMMENT 9: A comment requested that language in section 1229-2.4(b)(2)(iv) be revised to clearly define what the term “designed to prevent climbing” means.

RESPONSE TO COMMENT 9: This term was intended to be a performance standard allowing the Code Enforcement Official to use their judgment in determining what is climbable as many different scenarios may arise. Based on further review of this language, DOS determined that the last clause of the provision, “prevents unauthorized individuals from accessing the covers” makes the questioned language unnecessary; therefore, it was removed.

COMMENT 10: A comment requested that section 1229-2.4(b)(2)(iv) be revised because the language “separating them from all other purposes and uses” is unclear and someone may interpret that a building wall will not be an acceptable barrier because the wall serves a separate purpose.

RESPONSE TO COMMENT 10: The wall would be a barrier separating outside uses from maintaining and servicing the grease interceptor. Section 1229-2.4(b)(2)(iv) was modified to clarify the language based on this comment.

COMMENT 11: A comment requested that section 1229-2.4(b)(2)(v) be deleted entirely because there is no guidance and an alternative method of preventing unauthorized access may lead to tragedy.

RESPONSE TO COMMENT 11: There are many potential configurations of grease interceptor installations. Not every scenario can be covered by strict prescriptive provisions and this language allows for alternative design options.

COMMENT 12: A comment requested that the reference standard ANSI Z535 be removed from the regulation as the applicable requirements for the sign are included in the regulation and purchasing the standard is an undue burden on the authority having jurisdiction.

RESPONSE TO COMMENT 12: This standard is not incorporated by reference. Therefore, an applicant would only have to provide proof to the Code Enforcement Official that the sign complies with ANSI Z535 such as a statement from the sign manufacturer or a stamp on the sign itself.

COMMENT 13: A comment requested that Section 1229-2.4(c) be deleted because it would apply retroactively to all existing grease interceptors. The commentor indicated it is an unfunded mandate on the citizens of the State of New York.

RESPONSE TO COMMENT 13: In accordance with Chapter 47 of the Laws of 2022, this is a retroactive addition to the Uniform Code.

COMMENT 14: A comment requested that the first three sentences of 1229-2.5 be deleted because they are already required in Section 506.3 of the 2020 Property Maintenance Code of New York State.

RESPONSE TO COMMENT 14: In order to satisfy the requirements of the new law, it was determined it would be best to provide all of the relevant requirements in one location. Additionally, the scope of the 2020 Property Maintenance Code of New York State is not the same as this subpart, potentially leaving some grease interceptors without the proper oversight.

COMMENT 15: A comment stated that the provisions are already required by the 2020 Plumbing Code of New York State and the only change should be to modify the reference standard to the most recent version of IAPMO Z1001.

RESPONSE TO COMMENT 15: The rule was developed in accordance with Chapter 753 of the Laws of 2021 and Chapter 47 of the Laws of 2022. The rule contained several additional requirements including a sign, expanded scope, and retroactive requirements which are statutorily required to be included in the rule.

COMMENT 16: A comment noted that there already appears to be a Part 1229, which provides some confusion as to why there is another Part 1229.

RESPONSE TO COMMENT 16: As part of the 2020 Uniform Code update, the former Part 1229 was repealed effective May 12, 2020.

Description of Changes Made in the Rule

Section 1229-2.4 (b)(2)(iv) was modified for clarity.

Section 1229-2.4 (b) (3)(ii) was modified to allow adhesive backed signs for smaller grease interceptors that have a depth less than 24-inches when measured from the top of the access cover to the bottom of the tank.

An exception was added to Section 1229-2.4 (b) (3)(iv) to allow a smaller sign for smaller grease interceptors that have a depth less than 24-inches when measured from the top of the access cover to the bottom of the tank.

Section 1229-2.4 (b)(3)(v) was modified for clarity.