ADOPTS WITH AMENDMENTS:

International Building Code 2018 (IBC 2018)

Heads up: There are no amended sections in this chapter.

User notes:

About this chapter: Chapter 31 provides regulations for unique buildings and building elements. Those include buildings such as membrane structures, greenhouses and relocatable buildings. Special elements include pedestrian walkways and tunnels, awnings, canopies and marquees, vehicular gates and solar energy systems.

Code development reminder: Code change proposals to sections preceded by the designation [BS] will be considered by the IBC—Structural Code Development Committee during the 2019 (Group B) Code Development Cycle. See explanation on page iv.

The provisions of this chapter shall govern special building construction including membrane structures, temporary structures, pedestrian walkways and tunnels, automatic vehicular gates, awnings and canopies, marquees, signs, towers, antennas, relocatable buildings, swimming pool enclosures and safety devices, and solar energy systems.

3102.1 General

AMENDMENT
This section has been amended at the state or city level.
The provisions of Sections 3102.1 through 3102.8 shall apply to air-supported, air-inflated, membrane-covered cable, membrane-covered frame and tensile membrane structures, collectively known as membrane structures, erected for a period of 180 days or longer. Those erected for a shorter period of time shall comply with the Fire Code of New York State. Membrane structures covering water storage facilities, water clarifiers, water treatment plants, sewage treatment plants, greenhouses and similar facilities not used for human occupancy are required to meet only the requirements of Sections 3102.3.1 and 3102.7. Membrane structures erected on a building, balcony, deck or other structure for any period of time shall comply with this section.
Tensile membrane structures and air-supported structures, including permanent and temporary structures, shall be designed and constructed in accordance with ASCE 55. The provisions in Sections 3102.3 through 3102.6 shall apply.
Noncombustible membrane structures shall be classified as Type IIB construction. Noncombustible frame or cable-supported structures covered by an approved membrane in accordance with Section 3102.3.1 shall be classified as Type IIB construction. Heavy timber frame-supported structures covered by an approved membrane in accordance with Section 3102.3.1 shall be classified as Type IV construction. Other membrane structures shall be classified as Type V construction.
Exception: Plastic less than 30 feet (9144 mm) above any floor used in greenhouses, where occupancy by the general public is not authorized, and for aquaculture pond covers is not required to meet the fire propagation performance criteria of Test Method 1 or Test Method 2, as appropriate, of NFPA 701.

Membranes and interior liners shall be either noncombustible as set forth in Section 703.5 or meet the fire propagation performance criteria of Test Method 1 or Test Method 2, as appropriate, of NFPA 701 and the manufacturer's test protocol.

Exception: Plastic less than 20 mil (0.5 mm) in thickness used in greenhouses, where occupancy by the general public is not authorized, and for aquaculture pond covers is not required to meet the fire propagation performance criteria of Test Method 1 or Test Method 2, as appropriate, of NFPA 701.

The area of a membrane structure shall not exceed the limitations specified in Section 506.

Membrane structures shall not exceed one story nor shall such structures exceed the height limitations in feet specified in Section 504.3.

Exception: Noncombustible membrane structures serving as roofs only.

Membrane structures shall be permitted to be utilized as specified in this section as a portion of buildings of other types of construction. Height and area limits shall be as specified for the type of construction and occupancy of the building.
A noncombustible membrane shall be permitted for use as the roof or as a skylight of any building or atrium of a building of any type of construction provided that the membrane is not less than 20 feet (6096 mm) above any floor, balcony or gallery.
A membrane meeting the fire propagation performance criteria of Test Method 1 or Test Method 2, as appropriate, of NFPA 701 shall be permitted to be used as the roof or as a skylight on buildings of Type IIB, III, IV and V construction, provided that the membrane is not less than 20 feet (6096 mm) above any floor, balcony or gallery.
The structure shall be designed and constructed to sustain dead loads; loads due to tension or inflation; live loads including wind, snow or flood and seismic loads and in accordance with Chapter 16.
For membrane-covered frame structures, the membrane shall not be considered to provide lateral restraint in the calculation of the capacities of the frame members.
Air-supported and air-inflated structures shall be provided with primary and auxiliary inflation systems to meet the minimum requirements of Sections 3102.8.1 through 3102.8.3.
The inflation system shall consist of one or more blowers and shall include provisions for automatic control to maintain the required inflation pressures. The system shall be so designed as to prevent overpressurization of the system.
In addition to the primary inflation system, in buildings larger than 1,500 square feet (140 m2) in area, an auxiliary inflation system shall be provided with sufficient capacity to maintain the inflation of the structure in case of primary system failure. The auxiliary inflation system shall operate automatically when there is a loss of internal pressure and when the primary blower system becomes inoperative.

Blower equipment shall meet all of the following requirements:

  1. Blowers shall be powered by continuous-rated motors at the maximum power required for any flow condition as required by the structural design.
  2. Blowers shall be provided with inlet screens, belt guards and other protective devices as required by the building official to provide protection from injury.
  3. Blowers shall be housed within a weather-protecting structure.
  4. Blowers shall be equipped with backdraft check dampers to minimize air loss when inoperative.
  5. Blower inlets shall be located to provide protection from air contamination. The location of inlets shall be approved.
Wherever an auxiliary inflation system is required, an approved standby power-generating system shall be provided. The system shall be equipped with a suitable means for automatically starting the generator set upon failure of the normal electrical service and for automatic transfer and operation of all of the required electrical functions at full power within 60 seconds of such service failure. Standby power shall be capable of operating independently for not less than 4 hours.
A system capable of supporting the membrane in the event of deflation shall be provided for in air-supported and air-inflated structures having an occupant load of 50 or more or where covering a swimming pool regardless of occupant load. The support system shall be capable of maintaining membrane structures used as a roof for Type I construction not less than 20 feet (6096 mm) above floor or seating areas. The support system shall be capable of maintaining other membranes not less than 7 feet (2134 mm) above the floor, seating area or surface of the water.

3103.1 General

AMENDMENT
This section has been amended at the state or city level.
The provisions of Sections 3103.1 through 3103.4 shall apply to structures erected for a period of less than 180 days. Tents, umbrella structures and other membrane structures erected for a period of less than 180 days shall comply with the Fire Code of New York State. Those erected for a longer period of time shall comply with applicable sections of this code.
Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare.

[NY] 3103.1.2 PermitApproval Required

AMENDMENT
This section has been amended at the state or city level.
Temporary structures that cover an area greater than 120 square feet (11.16 m2), including connecting areas or spaces with a common means of egress or entrance that are used or intended to be used for the gathering together of 10 or more persons, shall not be erected, operated or maintained for any purpose without obtaining approval from the building official.

[NY] 3103.2 Construction Documents

AMENDMENT
This section has been amended at the state or city level.
Construction documents shall be submitted for each installation of a temporary structure. The construction documents shall include a site plan indicating the location of the temporary structure and information delineating the means of egress and the occupant load.
Temporary structures shall be located in accordance with the requirements of Table 602 based on the fire-resistance rating of the exterior walls for the proposed type of construction.

3103.4 Means of Egress

ILLUSTRATION
Temporary structures shall conform to the means of egress requirements of Chapter 10 and shall have an exit access travel distance of 100 feet (30 480 mm) or less.
This section shall apply to connections between buildings such as pedestrian walkways or tunnels, located at, above or below grade level, that are used as a means of travel by persons. The pedestrian walkway shall not contribute to the building area or the number of stories or height of connected buildings.
Pedestrian walkways shall be designed and constructed in accordance with Sections 3104.2 through 3104.9. Tunnels shall be designed and constructed in accordance with Sections 3104.2 and 3104.10.

Buildings connected by pedestrian walkways or tunnels shall be considered to be separate structures.

Exceptions:

  1. Buildings that are on the same lot and considered as portions of a single building in accordance with Section 503.1.2.
  2. For purposes of calculating the number of Type B units required by Chapter 11, structurally connected buildings and buildings with multiple wings shall be considered to be one structure.

The pedestrian walkway shall be of noncombustible construction.

Exceptions:

  1. Combustible construction shall be permitted where connected buildings are of combustible construction.
  2. Fire-retardant-treated wood, in accordance with Section 603.1, Item 1.3, shall be permitted for the roof construction of the pedestrian walkway where connected buildings are not less than Type I or II construction.
Only materials and decorations approved by the building official shall be located in the pedestrian walkway.

The connection of a pedestrian walkway to a building shall comply with Section 3104.5.1, 3104.5.2, 3104.5.3 or 3104.5.4.

Exception: Buildings that are on the same lot and considered as portions of a single building in accordance with Section 503.1.2.

3104.5.1 Fire Barriers

ILLUSTRATION
Pedestrian walkways shall be separated from the interior of the building by not less than 2-hour fire barriers constructed in accordance with Section 707 and Sections 3104.5.1.1 through 3104.5.1.3.
Exterior walls of buildings connected to pedestrian walkways shall be 2-hour fire-resistance rated. This protection shall extend not less than 10 feet (3048 mm) in every direction surrounding the perimeter of the pedestrian walkway.
Openings in exterior walls required to be fire-resistance rated in accordance with Section 3104.5.1.1 shall be equipped with opening protectives providing a not less than 3/4-hour fire protection rating in accordance with Section 716.
The fire barrier shall be supported by construction as required by Section 707.5.1.

The wall separating the pedestrian walkway and the building shall comply with Section 3104.5.2.1 or 3104.5.2.2 where:

  1. The distance between the connected buildings is more than 10 feet (3048 mm).
  2. The pedestrian walkway and connected buildings are equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1, and the roof of the walkway is not more than 55 feet (16 764 mm) above grade connecting to the fifth, or lower, story above grade plane, of each building.

Exception: Open parking garages need not be equipped with an automatic sprinkler system.

The wall shall be capable of resisting the passage of smoke.
The wall shall be constructed of a tempered, wired or laminated glass and doors separating the interior of the building from the pedestrian walkway. The glass shall be protected by an automatic sprinkler system in accordance with Section 903.3.1.1 that, when actuated, shall completely wet the entire surface of interior sides of the wall or glass. Obstructions shall not be installed between the sprinkler heads and the wall or glass. The glass shall be in a gasketed frame and installed in such a manner that the framing system will deflect without breaking (loading) the glass before the sprinkler operates.

Where the distance between the connected buildings is more than 10 feet (3048 mm), the walls at the intersection of the pedestrian walkway and each building need not be fire-resistance rated provided that both sidewalls of the pedestrian walkway are not less than 50 percent open with the open area uniformly distributed to prevent the accumulation of smoke and toxic gases. The roof of the walkway shall be located not more than 40 feet (12 160 mm) above grade plane, and the walkway shall only be permitted to connect to the third or lower story of each building.

Exception: Where the pedestrian walkway is protected with a sprinkler system in accordance with Section 903.3.1.1, the roof of the walkway shall be located not more than 55 feet (16 764 mm) above grade plane and the walkway shall only be permitted to connect to the fifth or lower story of each building.

Where exterior walls of connected buildings are required by Section 705 to have a fire-resistance rating greater than 2 hours, the walls at the intersection of the pedestrian walkway and each building need not be fire-resistance rated provided:

  1. The pedestrian walkway is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1.
  2. The roof of the walkway is not located more than 55 feet (16 764 mm) above grade plane and the walkway connects to the fifth, or lower, story above grade plane of each building.
Access shall be provided at all times to a pedestrian walkway that serves as a required exit.
The unobstructed width of pedestrian walkways shall be not less than 36 inches (914 mm). The total width shall be not greater than 30 feet (9144 mm).

3104.9 Exit Access Travel

ILLUSTRATION

The length of exit access travel shall be 200 feet (60 960 mm) or less.

Exceptions:

  1. Exit access travel distance on a pedestrian walkway equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 shall be 250 feet (76 200 mm) or less.
  2. Exit access travel distance on a pedestrian walkway constructed with both sides not less than 50 percent open shall be 300 feet (91 440 mm) or less.
  3. Exit access travel distance on a pedestrian walkway constructed with both sides not less than 50 percent open, and equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1, shall be 400 feet (122 m) or less.
Separation between the tunneled walkway and the building to which it is connected shall be not less than 2-hour fire-resistant construction and openings therein shall be protected in accordance with Section 716.
Awnings and canopies shall comply with the requirements of Sections 3105.2 and 3105.3 and other applicable sections of this code.
Awnings and canopies shall be designed and constructed to withstand wind or other lateral loads and live loads as required by Chapter 16 with due allowance for shape, open construction and similar features that relieve the pressures or loads. Structural members shall be protected to prevent deterioration. Awnings shall have frames of noncombustible material, fire-retardant-treated wood, heavy timber complying with Section 2304.11, or 1-hour construction with combustible or noncombustible covers and shall be either fixed, retractable, folding or collapsible.

Awnings and canopies shall be provided with an approved covering that complies with one of the following:

  1. The fire propagation performance criteria of Test Method 1 or Test Method 2, as appropriate, of NFPA 701.
  2. Has a flame spread index not greater than 25 when tested in accordance with ASTM E84 or UL 723.
  3. Meets all of the following criteria when tested in accordance with NFPA 286:

    1. 3.1. During the 40 kW exposure, flames shall not spread to the ceiling.
    2. 3.2. Flashover, as defined in NFPA 286, shall not occur.
    3. 3.3. The flame shall not spread to the outer extremity of the sample on any wall or ceiling.
    4. 3.4. The peak heat release rate throughout the test shall not exceed 800 kW.

Exception: The fire propagation performance and flame spread index requirements shall not apply to awnings installed on detached one- and two-family dwellings.

Marquees shall comply with Sections 3106.2 through 3106.5 and other applicable sections of this code.
The height or thickness of a marquee measured vertically from its lowest to its highest point shall be not greater than 3 feet (914 mm) where the marquee projects more than two-thirds of the distance from the lot line to the curb line, and shall be not greater than 9 feet (2743 mm) where the marquee is less than two-thirds of the distance from the lot line to the curb line.
Where the roof or any part thereof is a skylight, the skylight shall comply with the requirements of Chapter 24. Every roof and skylight of a marquee shall be sloped to downspouts that shall conduct any drainage from the marquee in such a manner so as not to spill over the sidewalk.
Every marquee shall be so located as not to interfere with the operation of any exterior standpipe, and such that the marquee does not obstruct the clear passage of stairways or exit discharge from the building or the installation or maintenance of street lighting.
A marquee shall be supported entirely from the building and constructed of noncombustible materials. Marquees shall be designed as required in Chapter 16. Structural members shall be protected to prevent deterioration.
Signs shall be designed, constructed and maintained in accordance with this code.
Towers shall be designed and constructed in accordance with the provisions of TIA-222. Towers shall be designed for seismic loads; exceptions related to seismic design listed in Section 2.7.3 of TIA-222 shall not apply. In Section 2.6.6.2 of TIA 222, the horizontal extent of Topographic Category 2, escarpments, shall be 16 times the height of the escarpment.
Exception: Single free-standing poles used to support antennas not greater than 75 feet (22 860 mm), measured from the top of the pole to grade, shall not be required to be noncombustible.
Towers shall be located such that guy wires and other accessories shall not cross or encroach on any street or other public space, or over above-ground electric utility lines, or encroach on any privately owned property without the written consent of the owner of the encroached-upon property, space or above-ground electric utility lines. Towers shall be equipped with climbing and working facilities in compliance with TIA-222. Access to the tower sites shall be limited as required by applicable OSHA, FCC and EPA regulations.

[NY] 3109.1 General

AMENDMENT
This section has been amended at the state or city level.
The provisions of this section shall control the design and construction as well as substantial modification of swimming pools, spas and hot tubs installed in or on the lot of buildings regulated under the Building Code of New York State.
Exceptions:
  1. Pools located in or on the lot of detached one- and two-family dwellings classified as Group R-3 and constructed under the Building Code of New York State may be regulated by the Residential Code of New York State.
  2. Swimming pools which contain, are designated to contain, or are capable of containing water less than 24 inches (610 mm) deep at any point shall be regulated by Section 3109.1.1.

[NY] 3109.1.1 Compliance With Other Codes

AMENDMENT
This section has been amended at the state or city level.
Swimming pools, wading pools, spas and hot tubs shall comply with this section and other applicable sections of this code. The requirements of this section and of the other applicable sections of this code shall be in addition to, and not in replacement of or substitution for, the requirements of other applicable federal, state and local laws and regulations, including, but not necessarily limited to:
  1. The requirements of Subpart 6-1 (Swimming pools) of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), where applicable (DOH 10 NYCRR 6- 1).
  2. The requirements of Section 8003 (Federal swimming pool and spa drain cover standard) of Title 15 of the United States Code (CPSC 15 USC 8003), where applicable.

[NY] 3109.2 Definitions

AMENDMENT
This section has been amended at the state or city level.
For the purpose of these requirements, the terms used shall be defined as follows and as set forth in Chapter 2.

BARRIER, PERMANENT. A fence, the walls of a permanent structure, any other structure or combination thereof which completely surrounds the swimming pool and sufficiently obstructs access to the swimming pool.

BARRIER, TEMPORARY. An approved temporary fence, permanent fence, the walls of a permanent structure, any other structure, or any combination thereof that sufficiently prevents access to the swimming pool by any person not engaged in the installation or construction of the swimming pool during its installation or construction.

HOT TUB. See "Spa."

SPA. A portable or nonportable structure intended for recreational or therapeutic bathing, in which all controls, waterheating and water-circulating equipment are an integral part of the product. Spas are shallow in depth and are not designed for swimming or diving.

SUBSTANTIAL DAMAGE. For the purpose of determining compliance with the pool alarm provisions of this section, damage of any origin sustained by a swimming pool whereby the cost of restoring the swimming pool to its before-damaged condition would equal or exceed 50 percent of the market value of the swimming pool before the damage occurred.

SUBSTANTIAL MODIFICATION. For the purpose of determining compliance with the pool alarm provisions of this section, any repair, alteration, addition or improvement of a swimming pool, the cost of which equals or exceeds 50 percent of the market value of the swimming pool before the improvement or repair is started. If a swimming pool has sustained substantial damage, any repairs are considered substantial modification regardless of the actual repair work performed.

SUCTION OUTLET. A fitting, fitting assembly, cover/ grate, sump, and related components that provide a localized low-pressure area for the transfer of water from a swimming pool.

SWIMMING POOL, INDOOR. A swimming pool which is totally contained within a structure and surrounded on all four sides by the walls of the enclosing structure.

SWIMMING POOL, OUTDOOR. Any swimming pool which is not an indoor pool.

[NY] 3109.3 Barriers, Application

AMENDMENT
This section has been amended at the state or city level.
The provisions of this section shall control the design of barriers for swimming pools, spas and hot tubs. These design controls are intended to provide protection against potential drowning and neardrowning by sufficiently preventing access to swimming pools, spas and hot tubs by persons outside the property, persons within buildings on the property, and persons in other parts of the property not contained within the pool enclosure.

[NY] 3109.3.1 Temporary Barriers

AMENDMENT
This section has been amended at the state or city level.
An outdoor swimming pool shall be surrounded by a temporary barrier during installation or construction that shall remain in place until a permanent barrier in compliance with Section 3109.3.2 is provided.
Exceptions:
  1. Above-ground or on-ground pools where the pool structure constitutes a barrier in compliance with Section 3109.3.2.10.
  2. Spas or hot tubs with a safety cover which complies with ASTM F1346, provided that such safety cover is in place during the period of installation or construction of such hot tub or spa. The temporary removal of a safety cover as required to facilitate the installation or construction of a hot tub or spa during periods when at least one person engaged in the installation or construction is present is permitted.

[NY] 3109.3.1.1 Height

AMENDMENT
This section has been amended at the state or city level.
The top of the temporary barrier shall be at least 48 inches (1219 mm) above grade measured on the side of the barrier which faces away from the swimming pool.

[NY] 3109.3.1.2 Replacement by a Permanent Barrier

AMENDMENT
This section has been amended at the state or city level.
A temporary barrier shall be replaced by a complying permanent barrier within either of the following periods.
  1. Within 90 days of the date of issuance of the building permit for the installation or construction of the swimming pool.
  2. Within 90 days of the date of commencement of the installation or construction of the swimming pool.

[NY] 3109.3.1.3 Replacement Extension

AMENDMENT
This section has been amended at the state or city level.
Subject to the approval of the building official, the time period for completion of the permanent barrier may be extended for good cause, including, but not limited to, adverse weather conditions delaying construction.

[NY] 3109.3.2 Permanent Barriers

AMENDMENT
This section has been amended at the state or city level.
Swimming pools shall be completely enclosed by a permanent barrier complying with Sections 3109.3.2.1 through 3109.3.2.6.

[NY] 3109.3.2.1 Barrier Height and Clearances

AMENDMENT
This section has been amended at the state or city level.
The top of the barrier shall be not less than 48 inches (1219 mm) above grade measured on the side of the barrier that faces away from the swimming pool. The vertical clearance between grade and the bottom of the barrier shall be not greater than 2 inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier may be at ground level, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the barrier shall comply with Sections 3109.3.2.2 and 3109.3.2.3.

[NY] 3109.3.2.2 Solid Barrier Surfaces

AMENDMENT
This section has been amended at the state or city level.
Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.

[NY] 3109.3.2.3 Closely Spaced Horizontal Members

AMENDMENT
This section has been amended at the state or city level.
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall be not greater than 1.75 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1.75 inches (44 mm) in width.

[NY] 3109.3.2.4 Widely Spaced Horizontal Members

AMENDMENT
This section has been amended at the state or city level.
Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall be not greater than 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1.75 inches (44 mm) in width.

[NY] 3109.3.2.5 Chain Link Dimensions

AMENDMENT
This section has been amended at the state or city level.
Mesh size for chain link fences shall be not greater than a 2.25-inch (57 mm) square, unless the fence is provided with vertical slats fastened at the top or the bottom that reduce the openings to not more than 1.75 inches (44 mm).

[NY] 3109.3.2.6 Diagonal Members

AMENDMENT
This section has been amended at the state or city level.
Where the barrier is composed of diagonal members, the maximum opening formed by the diagonal members shall be not greater than 1.75 inches (44 mm).

[NY] 3109.3.2.7 Gates

AMENDMENT
This section has been amended at the state or city level.
Gates shall comply with the requirements of Sections 3109.3.2.1 through 3109.3.2.6 and with the following requirements:

[NY] 3109.3.2.7.1 Self-Closing and Opening Configuration

AMENDMENT
This section has been amended at the state or city level.
All gates shall be self-closing. In addition, if the gate is a pedestrian access gate, the gate shall open outward, away from the pool.

[NY] 3109.3.2.7.2 Latching

AMENDMENT
This section has been amended at the state or city level.
All gates shall be selflatching, with the latch handle located within the enclosure (i.e., on the pool side of the enclosure) and at least 40 inches (1016 mm) above grade. In addition, if the latch handle is located less than 54 inches (1372 mm) from grade, the latch handle shall be located at least 3 inches (76 mm) below the top of the gate, and neither the gate nor barrier shall have any opening greater than 0.5 inch (12.7 mm) within 18 inches (457 mm) of the latch handle.

[NY] 3109.3.2.7.3 Locking

AMENDMENT
This section has been amended at the state or city level.
All gates shall be securely locked with a key, combination or other child-proof lock sufficient to prevent access to the swimming pool through such gate when the swimming pool is not in use or supervised.

[NY] 3109.3.2.8 Building Wall as a Barrier

AMENDMENT
This section has been amended at the state or city level.
A wall or walls of a building may serve as part of the barrier, provided that the wall or walls meet the applicable barrier requirements of Sections 3109.3.2.1 through 3109.3.2.6, and one of the following conditions shall be met:
  1. Doors and windows. All of the following must be met.
    1. Doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017.
    2. Operable windows in the wall or walls used as a barrier shall have a latching device located not less than 48 inches (1219 mm) above the floor. Openings in operable windows shall not allow a 4-inch-diameter (102 mm) sphere to pass through the opening when the window is in its largest opened position.
    3. Where the building is wholly contained within the pool barrier or enclosure, alarms shall be provided at every door with direct access to the pool.
  2. Other approved means of protection, such as selfclosing with self-latching devices, so long as the degree of protection afforded is not less than the protection afforded by Item 1 described above.

[NY] 3109.3.2.8.1 Alarm Deactivation Switch Location

AMENDMENT
This section has been amended at the state or city level.
Where an alarm is provided, the deactivation switch shall be located 54 inches (1372 mm) or more above the threshold of the door. In locations required to be accessible, the deactivation switch shall be located 48 inches (1219 mm) above the threshold of the door.

[NY] 3109.3.2.8.2 Multiple Dwelling Wall as a Barrier

AMENDMENT
This section has been amended at the state or city level.
A wall or walls of a multiple dwelling may serve as part of the barrier, provided there is no direct access from the dwelling to the pool.

[NY] 3109.3.2.9 Pool Structure as a Barrier

AMENDMENT
This section has been amended at the state or city level.
Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, the pool structure shall be capable of withstanding the structural loads imposed and meet the applicable barrier requirements of Sections 3109.3.2.1 through 3109.3.2.8. Where the means of access is a ladder or steps, one of the following conditions shall be met:
  1. The ladder or steps shall be capable of being secured, locked or removed to prevent access. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere.
  2. The ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.3.2.1 through 3109.3.2.8.

[NY] 3109.3.3 Indoor Swimming Pools

AMENDMENT
This section has been amended at the state or city level.
Walls surrounding indoor swimming pools shall be required to comply with Section 3109.3.2.8.

[NY] 3109.3.4 Prohibited Locations

AMENDMENT
This section has been amended at the state or city level.
Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.

[NY] 3109.4 Entrapment Avoidance

AMENDMENT
This section has been amended at the state or city level.
Suction outlets shall be designed and installed in accordance with the requirements of CPSC 15 USC 8003 and ANSI/APSP/ICC 7, where applicable.

[NY] 3109.5 Swimming Pool and Spa Alarms, Applicability

AMENDMENT
This section has been amended at the state or city level.
A swimming pool or spa installed, constructed or substantially modified after December 14, 2006, shall be equipped with an approved pool alarm. Pool alarms shall comply with ASTM F2208 (Standard Specification for Pool Alarms) and shall be installed, used and maintained in accordance with the manufacturer's instructions and this section.
Exceptions:
  1. A hot tub or spa equipped with a safety cover which complies with ASTM F1346.
  2. A swimming pool (other than a hot tub or spa) equipped with an automatic power safety cover which complies with ASTM F1346.

[NY] 3109.5.1 Multiple Alarms

AMENDMENT
This section has been amended at the state or city level.
A pool alarm must be capable of detecting entry into the water at any point on the surface of the swimming pool. If necessary to provide detection capability at every point on the surface of the swimming pool, more than one pool alarm shall be provided.

[NY] 3109.5.2 Alarm Activation

AMENDMENT
This section has been amended at the state or city level.
Pool alarms shall activate upon detecting entry into the water and shall sound poolside and inside the building where it is monitored.

[NY] 3109.5.3 Prohibited Alarms

AMENDMENT
This section has been amended at the state or city level.
The use of personal immersion alarms shall not be construed as compliance with this section.
Automatic vehicular gates shall comply with the requirements of Sections 3110.2 and 3110.3 and other applicable sections of this code.
Vehicular gates intended for automation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.
Vehicular gate openers, where provided, shall be listed in accordance with UL 325.
Solar energy systems shall comply with the requirements of this section.
Rooftop-mounted photovoltaic panels and modules and solar thermal collectors shall be designed in accordance with Section 1609.
Roof structures that provide support for solar energy systems shall be designed in accordance with Section 1607.13.5.

3111.2 Solar Thermal Systems

AMENDMENT
This section has been amended at the state or city level.
Solar thermal systems shall be designed and installed in accordance with Section 2606.12, the Plumbing Code of New York State, the Mechanical Code of New York State and the Fire Code of New York State.
Solar thermal systems and components shall be listed and labeled in accordance with ICC 900/SRCC 300 and ICC 901/SRCC 100.

3111.3 Photovoltaic Solar Energy Systems

AMENDMENT
This section has been amended at the state or city level.
Photovoltaic solar energy systems shall be designed and installed in accordance with this section, the Fire Code of New York State, NFPA 70 and the manufacturer's installation instructions.
Photovoltaic panels and modules shall be listed and labeled in accordance with UL 1703. Inverters shall be listed and labeled in accordance with UL 1741. Systems connected to the utility grid shall use inverters listed for utility interaction.
Rooftop-mounted photovoltaic systems shall have a fire classification in accordance with Section 1505.9. Building-integrated photovoltaic systems shall have a fire classification in accordance with Section 1505.8.
Building-integrated photovoltaic systems that serve as roof coverings shall be designed and installed in accordance with Section 1507.18.

3111.3.4 Access and Pathways

AMENDMENT
This section has been amended at the state or city level.
ILLUSTRATION
Roof access, pathways and spacing requirements shall be provided in accordance with Section 1204 of the Fire Code of New York State.

3111.3.5 Ground-Mounted Photovoltaic Systems

AMENDMENT
This section has been amended at the state or city level.
Ground-mounted photovoltaic systems shall be designed and installed in accordance with Chapter 16 and the Fire Code of New York State.
Ground-mounted photovoltaic systems shall be subject to the fire separation distance requirements determined by the local jurisdiction.
The provisions of this section shall apply to greenhouses that are designed and used for the cultivation, maintenance, or protection of plants.
Greenhouses shall be accessible in accordance with Chapter 11.
Greenhouses shall comply with the structural design requirements for greenhouses in Chapter 16.
Glass and glazing used in greenhouses shall comply with Section 2405.
Light-transmitting plastics shall be permitted in lieu of plain glass in greenhouses and shall comply with Section 2606.
Greenhouses that are membrane structures shall comply with Section 3102.
Plastic films used in greenhouses shall comply with Section 3102.3.

The provisions of this section shall apply to relocatable buildings. Relocatable buildings manufactured after the effective date of this code shall comply with the applicable provisions of this code.

Exception: This section shall not apply to manufactured housing used as dwellings.

3113.1.1 Compliance

AMENDMENT
This section has been amended at the state or city level.
A newly constructed relocatable building shall comply with the requirements of this code for new construction. An existing relocatable building that is undergoing alteration, addition, change of occupancy or relocation shall comply with Chapter 14 of the Existing Building Code of New York State.

Supplemental information specific to a relocatable building shall be submitted to the authority having jurisdiction. It shall, as a minimum, include the following in addition to the information required by Section 105:

  1. Manufacturer's name and address.
  2. Date of manufacture.
  3. Serial number of module.
  4. Manufacturer's design drawings.
  5. Type of construction in accordance with Section 602.
  6. Design loads including: roof live load, roof snow load, floor live load, wind load and seismic site class, use group and design category.
  7. Additional building planning and structural design data.
  8. Site-built structure or appurtenance attached to the relocatable building.

Each relocatable module shall have a data plate that is permanently attached on or adjacent to the electrical panel, and shall include the following information:

  1. Occupancy group.
  2. Manufacturer's name and address.
  3. Date of manufacture.
  4. Serial number of module.
  5. Design roof live load, design floor live load, snow load, wind and seismic design.
  6. Approved quality assurance agency or approved inspection agency.
  7. Codes and standards of construction.
  8. Envelope thermal resistance values.
  9. Electrical service size.
  10. Fuel-burning equipment and size.
  11. Special limitations if any.

[NY] 3113.4 Inspection Agencies

AMENDMENT
This section has been amended at the state or city level.
The building official is authorized to accept reports of inspections conducted by approved inspection agencies during off-site construction of the relocatable building, and to satisfy the applicable requirements of Section 105.
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