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

Repeal of Parts 1219 – 1229; addition of new Parts 1219 – 1227; amendment of sections 1264.4(b), (e), 1265.3 (c), (h), (j) and (k) of Title 19 NYCRR.

This action amends the rule that was filed with the Secretary of State on January 28, 2020, to be effective May 12, 2020, File No. 00061. The notice of adoption, I.D. No. DOS-27-19-00014-A, was published in the February 12, 2020 issue of the State Register.

State Uniform Fire Prevention and Building Code (the Uniform Code).

To repeal the existing Uniform Code and adopt a new Uniform Code and make conforming changes to 19 NYCRR Parts 1264 and 1265.

This rule making would repeal the current versions of Parts 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, and 1227 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York and add new Parts. The individual Parts pertain to specified portions of the Uniform Fire Prevention and Building Code and are summarized below:

Nonsubstantive revisions were made in sections 1220.3, 1221.3 and 1225.3.

Emma Gonzalez-Laders, Department of State, 99 Washington Avenue, Suite 1160, Albany NY 12231, , (518) 473-4073, email:[email protected].

Executive Law § 378(18)(a) provides that except as otherwise provided by statute, no change to the Uniform Fire Prevention and Building Code (“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 State Fire Prevention and Building Code Council (“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 December 6, 2019, the Code Council voted to adopt a rule (the “Original Rule”) to amend the Uniform Code and the Code Council did not find that an earlier effective was necessary to protect health, safety, and security or that the change to the Uniform Code would not impose any additional compliance requirements on any person. Therefore, the rule and the changes to the Uniform Code made by the rule will become effective ninety days after the date on which notice of such change has been published in the State Register. At its meeting held on March 6, 2020, the Code Council voted to adopt this rule (the “Amended Rule”), which amends the Original Rule. 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 May 12, 2020, 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 ninety 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 May 12, 2020. 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.

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 March 6, 2020, 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 1220.3 of the Amended Rule was revised to amend provisions relating to abandonment or removal of heating oil storage tanks based on amendments to Executive Law § 378(13) pursuant to Chapter 725 of the Laws of 2019 and corrections were made to Table N1102.1.2, Section P2603.5.1, and Appendix J within the 2020 Residential Code of New York State.

Second, section 1221.3 of the Amended Rule was revised to correct the publisher’s address of one of the publications being incorporated by reference (Steel Joist Institute, SJI 100-15) and to replace the previously incorporated by reference standard TIA 222-G-2005 with the updated version of TIA 222-H-2017 (second printing – June 25, 2018) within the 2020 Building Code of New York State.

Third, section 1225.3 of the Amended Rule was added to amend provisions relating to abandonment or removal of heating oil storage tanks based on amendments to Executive Law § 378(13) pursuant to Chapter 725 of the Laws of 2019 within the 2020 Fire Code of New York State.

Finally, section 1226.3 of the Amended Rule was added to amend the provisions relating to occupancy limitations in the 2020 Property Maintenance Code of New York State to exempt tiny houses constructed in accordance with the 2020 Residential Code of New York State and Appendix Q of the 2020 Residential Code of New York State.

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 the Original Rule by this Amended Rule are not 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.