ADOPTS WITH AMENDMENTS:

International Building Code 2018 (IBC 2018)

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

[NY] Chapter 1 Scope and Administration

AMENDMENT
This section has been amended at the state or city level.

[NY] 101 Title, Scope, and Purpose

AMENDMENT
This section has been amended at the state or city level.

[NY] 101.1 Title

AMENDMENT
This section has been amended at the state or city level.
This publication shall be known as the 2020 edition of the Building Code of New York State and is hereinafter referred to as "this code." This code is part of the New York State Uniform Fire Prevention and Building Code (the "Uniform Code").

[NY] 101.1.1 Amendments of New York State Code Books

AMENDMENT
This section has been amended at the state or city level.
In Chapter 1, the term "New York State code books" shall include the Residential Code of New York State, the Building Code of New York State (i.e., this publication), the Plumbing Code of New York State, the Mechanical Code of New York State, the Fuel Gas Code of New York State, the Fire Code of New York State, the Property Maintenance Code of New York State, the Exist- ing Building Code of New York State, and the Energy Conservation Construction Code of New York State. Provisions in any one or more of the New York State code books may be amended from time to time by provisions in 19 NYCRR Parts 1220 to 1227 or 19 NYCRR Part 1240, as currently in effect and as hereafter amended from time to time. If this publication is now or hereafter so amended, references in this publication to "this code" shall be deemed to be refences to this publication as so amended. If any other New York State code book is now or hereafter so amended, references in this code to such other New York State code book shall be deemed to be references to such New York State code book as so amended.

[NY] 101.2 Scope

AMENDMENT
This section has been amended at the state or city level.
The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.
Exception:
  1. Application of the provisions of the Residential Code of New York State to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of the following buildings and structures, provided that such building or structure is not more than three stories above grade plane in height, and their accessory structures not more than three stories above grade plane in height:
    1. Detached one-family dwellings,
    2. Detached two-family dwellings, in which each dwelling unit has a separate means of egress,
    3. Townhouses,
    4. Bed and breakfast dwellings,
    5. Live/work units that (1) are located in townhouses, and (2) comply with the requirements of Section 419 of this code; and
    6. Owner-occupied lodging houses that (1) have five or fewer guestrooms and (2) are provided with a residential fire sprinkler system complying with Section P2904 of the Residential Code of New York State.
  2. Agricultural buildings, including barns, sheds, poultry houses and other buildings and equipment on the premises that are used directly and solely for agricultural purposes, shall not be subject to the construction-related provisions of this code.
  3. Construction trailers that are used as temporary offices for the purpose of monitoring construction at a construction site shall not be subject to this code.
  4. Structures such as radio and television transmission, communication and wind generation towers, and ground-mounted photovoltaic arrays that are neither a building appurtenance nor are attached to a building shall not be subject to this code.
  5. Standards for construction of sleeping quarters in a children's overnight camp as defined in Public Health Law Section 1392(1) shall be governed by Public Health Law Section 1394(1) and the regulations promulgated by the Public Health Council. See Executive Law Section 378(1). As of the date of this publication, the Public Health Council's regulations for children's overnight camps are found in 10 NYCRR Subpart 7-2 ("Children's Camps").

[NY] 101.2.1 Facilities Regulated by State Departments and Agencies

AMENDMENT
This section has been amended at the state or city level.
Where a building or premises under the custody, licensure, supervision or jurisdiction of a department or agency of the State of New York is regulated as a one- or two-family dwelling or multiple single-family dwelling (townhouse), in accordance with established laws or regulations of that department or agency, said buildings or premises, such as a community residence or hospice residence, and their accessory structures shall comply with the Residential Code of New York State.

[NY] 101.2.2 Appendices

AMENDMENT
This section has been amended at the state or city level.
Provisions in the following appendices have been adopted and are part of this code:

Appendix E Supplemental Accessibility Requirements
Appendix F Rodent Proofing
Appendix I Patio Covers
Appendix O Assistive Listening Systems Performance Standards
Appendix P Diaper Changing Stations

In addition, the following appendices are included for informational purposes:

Appendix A Employee Qualifications
Appendix C Group UAgricultural Buildings
Appendix D Fire Districts
Appendix G Flood-Resistant Construction
Appendix H Signs
Appendix J Grading
Appendix K Administrative Provisions
Appendix L Earthquake Recording Instrumentation
Appendix M Tsunami-Generated Flood Hazard
Appendix N Replicable Buildings

[NY] 101.3 Intent

AMENDMENT
This section has been amended at the state or city level.
The purpose of this code is to establish the minimum requirements to provide a reasonable level of safety, public health and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire, explosion and other hazards, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations.

[NY] 101.4 Referenced Codes

AMENDMENT
This section has been amended at the state or city level.
The other codes and publications listed or referred to in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code shall be considered to be part of the requirements of this code to the prescribed extent of each such reference.

[NY] 101.4.1 Gas

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Fuel Gas Code of New York State and the other publications incorporated by reference in 19 NYCRR Part 1224 shall apply to the design, installation, maintenance, alteration, and inspection of fuel gas piping and equipment, fuel gas-fired appliances, and fuel gas-fired appliance venting systems, that are permanently installed and specifically addressed in the Fuel Gas Code of New York State. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories, and gaseous hydrogen systems.

[NY] 101.4.2 Mechanical

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Mechanical Code of New York State and the other publications incorporated by reference in 19 NYCRR Part 1223 shall apply to the design, installation, maintenance, alteration, and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. The Mechanical Code of New York State also regulates those mechanical systems, system components, equipment, and appliances specifically addressed therein.

[NY] 101.4.3 Plumbing

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Plumbing Code of New York State and the other publications incorporated by reference in 19 NYCRR Part 1222 shall apply to the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing systems within this jurisdiction. The Plumbing Code of New York State also regulates nonflammable medical gas,inhalation anesthetic, vacuum piping, nonmedical oxygen systems and sanitary and condensate vacuum collection systems.

[NY] 101.4.4 Property Maintenance

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Property Maintenance Code of New York State and the other publications incorporated by reference in 19 NYCRR Part 1226 shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner's authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.

[NY] 101.4.5 Fire Prevention

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Fire Code of New York State and the other publications incorporated by reference in 19 NYCRR Part 1225 shall apply to matters relating to structures, processes, premises, and safeguards regarding all of the following:

  1. The hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices.
  2. Conditions hazardous to life, property or public welfare in the occupancy of structures or premises.
  3. Fire hazards in the structure or on the premises from occupancy or operation.
  4. Matters related to the construction, extension, repair, alteration or removal of fire suppression or alarm systems.
  5. Conditions affecting the safety of fire fighters and emergency responders during emergency operations.

[NY] 101.4.6 Energy

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Energy Conservation Construction Code of New York State and the other publications incorporated by reference in 19 NYCRR Part 1240 shall apply to all matters governing the design and construction of buildings for energy efficiency.

[NY] 101.4.7 Existing Buildings

AMENDMENT
This section has been amended at the state or city level.
The provisions of the Existing Building Code of New York State and the other publications incorporated by reference in 19 NYCRR Part 1227 shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings.

[NY] Section 102 Applicability

AMENDMENT
This section has been amended at the state or city level.

[NY] 102.1 General

AMENDMENT
This section has been amended at the state or city level.
Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

[NY] 102.2 Other Laws and Regulations

AMENDMENT
This section has been amended at the state or city level.
This code is part of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) promulgated pursuant to Article 18 of the New York State Executive Law. The provisions of this code shall not be deemed to nullify any federal, state or local law, ordinance, administrative code, rule or regulation relating to any matter as to which the Uniform Code does not provide.

However:
  1. Pursuant to Section 383(1) of the Executive Law, and except as otherwise provided in paragraphs a, b, and c of Section 383(1) of the Executive Law, the provisions of the Uniform Code supersede any other provision of a general, special or local law, ordinance, administrative code, rule or regulation inconsistent or in conflict with the Uniform Code;
  2. Pursuant to Section 379(3) of the Executive Law, no city, town, village, county or other municipality shall have the power to supersede, void, repeal, or make less restrictive any provision of the Uniform Code.
  3. The ability of any city, town, or village, or the County of Nassau, to enact or adopt, and to enforce, a local law or ordinance imposing higher or more restrictive standards for construction within the jurisdiction of such city, town, village, or county that are applicable generally to such city, town, village, or county in the Uniform Code is subject to the provisions and requirements of Section 379 of the Executive Law.
Nothing in Section 102.2 shall be construed as:
  1. Affecting the authority of the State Labor Department to enforce a safety or health standard issued under provisions of Sections 27 and 27-a of the Labor Law.
  2. Relieving a person from complying with a stricter standard issued pursuant to the Occupational Safety and Health Act of 1970, as amended.
  3. Superseding, limiting, impairing or otherwise affecting any provision the Uniform Code, as now in effect and as hereafter amended from time to time.

[NY] 102.2.1 Other New York Codes, Rules and Regulations (NYCRR)

AMENDMENT
This section has been amended at the state or city level.
Additional New York Codes, Rules and Regulations exist that may affect new and existing buildings, structures, systems and equipment. Such regulations include, but are not limited to:

  1. 19 NYCRR Part 300 (Universal Symbol of Access).
  2. 19 NYCRR Part 1261 (Recordkeeping—Smoke Detectors in Multiple Dwellings).
  3. 19 NYCRR Part 1264 (Identification of Buildings Utilizing Truss Type Construction).
  4. 19 NYCRR Part 1265 (Residential Structures with Truss Type Construction, Pre-Engineered Wood Construction and/or Timber Construction).

[NY] 102.2.2 Change in Use or Occupancy

AMENDMENT
This section has been amended at the state or city level.
No change shall be made in the use or occupancy of any building or structure unless such building or structure is made to comply with (1) the applicable requirements of this code, (2) the requirements of the Existing Building Code of New York State, (3) other applicable provisions of the Uniform Code and (4) the applicable provisions of the Energy Code.

[NY] 102.3 Application of References

AMENDMENT
This section has been amended at the state or city level.
References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.

[NY] 102.4 Referenced Codes and Standards

AMENDMENT
This section has been amended at the state or city level.
The codes and standards referenced in this code shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2

[NY] 102.4.1 Conflicts

AMENDMENT
This section has been amended at the state or city level.
Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

[NY] 102.4.2 Provisions in Referenced Codes and Standards

AMENDMENT
This section has been amended at the state or city level.
Where the extent of the reference to a referenced code or standard that is not one of the New York State code books listed in Section 101.4 includes subject matter that is within the scope of this code or the New York State code books listed in Section 101.4, the provisions of this code or the New York State code books listed in Section 101.4, as applicable, shall take precedence over the provisions in such referenced code or standard.

[NY] 102.5 Partial Invalidity

AMENDMENT
This section has been amended at the state or city level.
In the event that any part or provision of this code is held by a court of competent jurisdiction to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.

[NY] 102.6 Existing Structures

AMENDMENT
This section has been amended at the state or city level.
The legal occupancy of any structure existing on the effective date of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the Existing Building Code of New York State, the Property Maintenance Code of New York State, the Fire Code of New York State, or any other applicable provision of the Uniform Code. For the purposes of this section, the "effective date of this code" shall be deemed to be 90th day after the date on which the Notice of Adoption of the rule incorporating this code by reference in Part 1221 of the New York Codes, Rules, and Regulations shall have been published in the State Register.

[NY] 102.7 Factory Manufactured Buildings (Modular Buildings)

AMENDMENT
This section has been amended at the state or city level.
Factory manufactured buildings shall be constructed and installed in accordance with the requirements of the Uniform Code and shall bear an Insignia of Approval issued in accordance with 19 NYCRR Part 1209 (entitled "Regulations and Fees for Factory Manufactured Buildings"), as currently in effect and as hereafter amended from time to time.
Exception: An Insignia of Approval shall not be required for the following buildings:
  1. Modular buildings with structural components that cannot be inspected at the installation site but can be inspected in accordance with Section 1704 at the manufacturing facility in which it was built.
  2. Buildings of Group S or U occupancy having an area not exceeding 400 square feet and not customarily used for human occupancy.

[NY] Section 103 Administration and Enforcement

AMENDMENT
This section has been amended at the state or city level.

[NY] 103.1 Administration and Enforcement

AMENDMENT
This section has been amended at the state or city level.
The Uniform Code shall be administered and enforced by the authority having jurisdiction. The identity of the authority having jurisdiction in a given situation is determined in accordance with Article 18 of the Executive Law and the regulations promulgated by the Secretary of State pursuant to Executive Law Section 381(1). In general, the authority having jurisdiction is the local government (city, town or village) in which the building or structure is located. In certain situations, the authority having jurisdiction may be the county in which the building or structure is located. In certain other cases, the State, the Secretary of State (acting through the Department of State) or some other State agency may be the authority having jurisdiction. The authority having jurisdiction responsible for administration and enforcement of the Uniform Code is also responsible for administration and enforcement of the Energy Code.

Administration and enforcement of the Uniform Code and Energy Code shall be in accordance with the following, as applicable:

  1. Where a city, town, village or county is the authority having jurisdiction:
    1. Such, city, town, village or county shall provide for administration and enforcement of the Uniform Code and Energy Code by local law, ordinance, other appropriate regulation, or combination thereof.
    2. The Code Enforcement Program established by such local law, ordinance or other appropriate regulation, or combination thereof, must include, at a minimum, the features described in Part 1203 and must satisfy all other requirements of Part 1203.
    3. Such city, town, village or county shall administer and enforce the Uniform Code in accordance with the Code Enforcement Program established by such local law, ordinance or other appropriate regulation, or combination thereof.
  2. Where the State is the authority having jurisdiction pursuant to 19 NYCRR Section 1201.2(d):
    1. The Code Enforcement Program shall be as established by Part 1204.
    2. The State, acting through one or more State agencies, shall administer and enforce the Uniform Code and Energy Code in accordance with Part 1204.
  3. Where the Department of State is the authority having jurisdiction:
    1. The Code Enforcement Program shall be as established by Part 1202.
    2. The Department of State shall administer and enforce the Uniform Code and Energy Code in accordance with Part 1202.
  4. Where any governmental unit or agency not included in paragraphs 1, 2, and 3 above is the authority having jurisdiction:
    1. Such governmental unit or agency shall provide for administration and enforcement of the Uniform Code and Energy Code by regulation.
    2. The Code Enforcement Program established by such regulation must include, at a minimum, the features described Part 1203 and must satisfy all other requirements of Part 1203.
    3. Such governmental unit or agency shall administer and enforce the Uniform Code and Energy Code in accordance with the Code Enforcement Program established by such regulation.
Every governmental unit or agency thereof charged with administration and enforcement of the Uniform Code shall exercise its powers in due and proper manner so as to extend to the public protection from the hazards of fire and inadequate building construction.

Any person or entity constructing or renovating a building or structure, changing the use or occupancy of a building or structure, or engaging in any other activity that is subject to the provisions of the Code Enforcement Program of the authority having jurisdiction responsible for administration and enforcement of the Uniform Code with respect to such building shall comply with all applicable provisions of such Code Enforcement Program.

In addition, persons and entities who construct, renovate, use and occupy buildings and structures shall comply with all applicable provisions of Section 105 of this code.

[NY] 103.2 Due Process

AMENDMENT
This section has been amended at the state or city level.
Nothing in Chapter 1, or elsewhere in this code, or elsewhere in the Uniform Code or in any regulation promulgated pursuant to Executive Law Section 381(1), shall be construed as authorizing any authority having jurisdiction to administer and enforce the Uniform Code in a manner that deprives any person or entity of due process of law. In particular, but not by way of limitation, nothing in Chapter 1, or elsewhere in this code or elseware in the Uniform Code, or in any regulation promulgated pursuant to Executive Law Section 381(1), relating to posting, placarding and/or condemnation of buildings or structures that are unsafe, unfit for human occupancy or unlawful shall be construed as authorizing any authority having jurisdiction to post, placard or condemn any such building or structure and/or to remove any owner or occupant or cause any owner or occupant to be removed from any such building or structure without providing such notice and opportunity to be heard (and, if applicable, right of appeal) as may be required under the applicable circumstances by applicable Constitutional provisions.

[NY] 103.2.1 Imminent Danger

AMENDMENT
This section has been amended at the state or city level.
In cases of imminent danger, posting, placarding, and condemning a building or structure and removing owners and occupants or causing owners and occupants to be removed without first providing an opportunity to be heard shall be permitted to the extent consistent with applicable Constitutional provisions, provided that the affected persons and entities are afforded the opportunity for a post-action hearing to the extent required by applicable Constitutional provisions.

[NY] 103.3 Application for Variance or Appeal

AMENDMENT
This section has been amended at the state or city level.
An application for a variance or modification of any provision or requirement of Uniform Code shall be in accordance with the provisions of Part 1205. An appeal of any order or determination, or the failure within a reasonable time to make an order or determination, of an administrative official charged to enforce or purporting to enforce the Uniform Code may be made in accordance with the provisions of Part 1205.

[NY] Section 104 Materials, Equipment and Methods of Construction

AMENDMENT
This section has been amended at the state or city level.

[NY] 104.1 Approved Materials and Equipment

AMENDMENT
This section has been amended at the state or city level.
Materials, equipment, and devices approved by the building official shall be constructed and installed in accordance with such approval. Materials, equipment and devices tested by an approved testing laboratory shall be permitted to be constructed and installed in accordance with such approval.

[NY] 104.1.1 Used Materials and Equipment

AMENDMENT
This section has been amended at the state or city level.
Used materials, equipment, and devices shall not be reused unless they meet the requirements of this code for new materials.

[NY] 104.2 Waivers, Variances, and Modifications

AMENDMENT
This section has been amended at the state or city level.
Nothing in this code or elsewhere in the Uniform Code shall be construed as permitting any building official or any authority having jurisdiction to waive, vary, modify, or otherwise alter any provision or requirement of this code or any other provision or requirement of the Uniform Code. Provisions or requirements of the Uniform Code may be varied or modified only in accordance with procedures established by Part 1205 or by such other regulations as may hereafter be promulgated by the Secretary of State pursuant to Section 381(1)(f) of the Executive Law.

[NY] 104.3 Alternative Materials, Equipment, Appliances, Designs, and Methods of Construction

AMENDMENT
This section has been amended at the state or city level.
The provisions of this code are not intended to prevent the installation of any materials, equipment, or appliances not specifically prescribed by this code, or to prohibit any designs or methods of construction not specifically prescribed by this code, provided that such alternative materials, equipment, appliances, designs, or methods of construction: (1) are not specifically prohibited by any provision of this code, by any other provision of the Uniform Code, or by the Energy Code, and (2) shall have been approved, in writing, by the building official. Alternative materials, equipment, appliances, designs, or methods of construction may be approved only when the building official shall have determined, in writing, that such alternative is:

  1. Satisfactory and complies with the intent of the provisions and requirements of the Uniform Code.
  2. Not less than the equivalent of that prescribed in the Uniform Code in quality, strength, effectiveness, fire resistance, durability, and safety.
Nothing in this Section 104.3 shall be construed as permitting any building official or any authority having jurisdiction to waive, vary, modify or otherwise alter any provision or requirement of this code or any other provision or requirement of the Uniform Code. Provisions or requirements of the Uniform Code may be varied or modified only pursuant to procedures established Part 1205 or by such other regulations as may hereafter be promulgated by the Secretary of State pursuant to Section 381(1)(f) of the Executive Law.

[NY] 104.4 Workmanship

AMENDMENT
This section has been amended at the state or city level.
Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of the Uniform Code shall be executed and installed in a workmanlike manner and in accordance with Uniform Code and the manufacturer's installation instructions.

[NY] 105.1 Purpose

AMENDMENT
This section has been amended at the state or city level.
The purpose of Section 105 is to include in the Uniform Code provisions requiring persons and entities who construct, renovate, use and occupy buildings and structures to apply for and obtain building permits, to facilitate construction inspections, to obey stop work orders, to obtain certificates of occupancy, and to obtain operating permits. The provisions in Section 105 are considered to be integral parts of the Uniform Code's standards for construction, maintenance, and fire protection equipment and systems.

[NY] 105.1.1 Definition

AMENDMENT
This section has been amended at the state or city level.
For the purpose of Section 105, the term "other applicable law" shall include the authority having jurisdiction's Code Enforcement Program; any local law, ordinance, or regulation establishing the authority having jurisdiction's Code Enforcement Program; and any other applicable statute, regulation, rule, local law, or ordinance.

[NY] 105.2 Building Permits

AMENDMENT
This section has been amended at the state or city level.
No person or entity shall commence, perform, or continue any work that must conform with the Uniform Code and/or Energy Code unless:
  1. Such person or entity has applied to the authority having jurisdiction for a building permit,
  2. The authority having jurisdiction has issued a building permit authorizing such work,
  3. Such building permit has not been revoked or suspended, and
  4. Such building permit has not expired.

[NY] 105.2.1 Work Exempt From Building Permit Requirement

AMENDMENT
This section has been amended at the state or city level.
A building permit shall not be required for work in any category that is excluded from the building permit requirement by the authority having jurisdiction's Code Enforcement Program, provided that Part 1203 allows an authority having jurisdiction to exclude such category of work from the building permit requirement. Exemptions from building permit requirements shall not be deemed to grant authorization for any work to be done in any manner in violation of any provision the Uniform Code, any provision of the Energy Code, or any provision of any other applicable law.

[NY] 105.2.2 Applications for Building Permits

AMENDMENT
This section has been amended at the state or city level.
A person or entity applying for a building permit shall submit an application to the authority having jurisdiction. An application for a building permit shall include all of the following:

  1. Construction documents that satisfy the requirements of Section 106.2;
  2. Any and all other submittal documents required by Section 106;
  3. Any and all other information and documentation that may be required by the stricter of the authority having jurisdiction's Code Enforcement Program or a Part 1203—Compliant Code Enforcement Program; and
  4. Such other information and documentation as the authority having jurisdiction may determine to be necessary to allow the authority having jurisdiction to determine whether the proposed work conforms with the Uniform Code, the Energy Code, and other applicable laws.

[NY] 105.2.3 Approval of Construction Documents

AMENDMENT
This section has been amended at the state or city level.
When the authority having jurisdiction issues a building permit, the authority having jurisdiction shall approve the construction documents in writing. Work shall be installed in accordance with the approved construction documents and the terms and conditions, if any, of the building permit.

[NY] 105.2.4 Validity of Building Permit

AMENDMENT
This section has been amended at the state or city level.
The issuance or granting of a building permit shall not be construed to be a permit for, or an approval of, any violation of any provision of the Uniform Code, the Energy Code, or any other applicable law. A building permit purporting to give authority to violate or cancel any provision of the Uniform Code, the Energy Code, or any other applicable law shall not be valid. The issuance of a building permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data.

[NY] 105.2.5 Suspension or Revocation of Building Permit

AMENDMENT
This section has been amended at the state or city level.
The authority having jurisdiction is authorized to suspend or revoke a building permit wherever the building permit is issued in error; or on the basis of incorrect, inaccurate or incomplete information; or in violation of any provision of the Uniform Code, the Energy Code, or any other applicable law. Any such suspension or revocation shall be in writing, signed by an authorized agent of the authority having jurisdiction.

[NY] 105.2.6 Placement of Building Permit and Approved Construction Documents

AMENDMENT
This section has been amended at the state or city level.
The building permit, or a copy thereof, and at least one set of approved construction documents shall be kept on the site of the work until the completion of the project. The approved construction documents shall be open to inspection by any authorized representative of the authority having jurisdiction.

[NY] 105.3 Construction Inspections

AMENDMENT
This section has been amended at the state or city level.
Any person or entity performing work for which a building permit has been issued shall keep work accessible and exposed until the work has been inspected and accepted by the authority having jurisdiction, or its authorized agent, at each element of the construction process that is applicable to the work and specified in the stricter of the authority having jurisdiction's Code Enforcement Program or a Part 1203—Compliant Code Enforcement Program.

[NY] 105.3.1 Inspection Requests

AMENDMENT
This section has been amended at the state or city level.
It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the building permit holder to provide access to and means for inspections of such work that are required by this code.

[NY] 105.4 Stop Work Orders

AMENDMENT
This section has been amended at the state or city level.
The authority having jurisdiction is authorized to issue a stop work order to halt work that is being performed without a required building permit; work that is being performed after a required building permit has been revoked or suspended or has expired; work that is being conducted in a dangerous or unsafe manner; or work that is contrary to provisions of the Uniform Code, the Energy Code, the approved construction documents, or the terms and conditions (if any) of the building permit. No person or entity shall commence, perform or continue any work if the authority having jurisdiction has issued a stop work order with respect to such work.

[NY] 105.5 Certificates of Occupancy

AMENDMENT
This section has been amended at the state or city level.
Where the stricter of the authority having jurisdiction's Code Enforcement Program or a Part 1203—Compliant Code Enforcement Program requires a certificate of occupancy for permission to use or occupy a building or structure, or any portion thereof, no person or entity shall use or occupy such building or structure, or such portion thereof, unless:
  1. The authority having jurisdiction has issued such certificate of occupancy,
  2. Such certificate of occupancy has not been revoked or suspended.
  3. In the case of a temporary certificate of occupancy, such temporary certificate of occupancy has not expired.

[NY] 105.5.1 Authorized Uses and Occupancies

AMENDMENT
This section has been amended at the state or city level.
Where a certificate of occupancy has been issued for a building or structure, or any portion thereof, no person or entity shall use or occupy such building or structure, or such portion thereof, for any use or occupancy other than that authorized by such certificate of occupancy.

[NY] 105.5.2 Change in Use or Occupancy

AMENDMENT
This section has been amended at the state or city level.
Without regard to whether a certificate of occupancy shall have been issued, no person or entity shall convert the use or occupancy of a building or structure, or any portion thereof, from one use or occupancy to another without first obtaining a building permit to perform the work, if any, required for such conversion; performing such work, if any; and obtaining a certificate of occupancy from the authority having jurisdiction.

[NY] 105.6 Operating Permits

AMENDMENT
This section has been amended at the state or city level.
Where the stricter of the authority having jurisdiction's Code Enforcement Program or a Part 1203—Compliant Code Enforcement Program requires an operating permit to conduct an activity or to use a category of building, no person or entity shall conduct such activity or use such category of building without obtaining an operating permit from the authority having jurisdiction. The procedures for applying for, issuing, revoking, and suspending operating permits shall be as set forth in the stricter of the authority having jurisdiction's Code Enforcement Program or a Part 1203—Compliant Code Enforcement Program.

[NY] 105.7 Violations

AMENDMENT
This section has been amended at the state or city level.
Any violation of any provision set forth in Sections 105.2 through 105.6 shall be a violation of the Uniform Code, and any person or entity violating any such provision shall be subject to the penalties prescribed in Executive Law Section 382(2). In addition, to the extent that any act or omission that violates any provision set forth in Sections 105.2 through 105.6 is also a violation of any other applicable law, any person or entity guilty of such act or omission shall also be subject to the penalties prescribed in or otherwise applicable to a violation of such other applicable law.

[NY] Section 106 Submittal Documents

AMENDMENT
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[NY] 106.1 General

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Submittal documents consisting of construction documents, statements of special inspections, geotechnical reports and other data shall be submitted with each application for a building permit.

[NY] 106.2 Construction Documents

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Construction documents shall be in accordance with Sections 106.2.1 through 106.2.9.

[NY] 106.2.1 Information on Construction Documents

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This section has been amended at the state or city level.
Construction documents (1) shall define the scope of the proposed work; (2) shall be of sufficient clarity to indicate the location, nature and extent of the proposed work; (3) shall show in detail that the proposed work will conform to the provisions of the Uniform Code, the Energy Code, and other applicable codes, laws, ordinances, and regulations; (4) shall include all information required by any provision of this code (including but not limited to the information described in Sections 106.2.2 through 106.2.8), all information required by any other applicable provision of the Uniform Code, and all information required by any applicable provision of the Energy Code; and (5) shall include any and all additional information and documentation that may be required by the stricter of the Code Enforcement Program of the authority having jurisdiction or a Part 1203—Compliant Code Enforcement Program.

[NY] 106.2.1.1 Manufacturer's Installation Instructions

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This section has been amended at the state or city level.
Manufacturer's installation instructions, as required by any applicable provision of the Uniform Code or by any applicable provision of the Energy Code, shall be available on the job site at the time of inspection.

[NY] 106.2.2 Fire Protection System Shop Drawings

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This section has been amended at the state or city level.
Shop drawings for the fire protection system(s) shall be submitted to indicate conformance to Chapter 9, any other applicable provision of the Uniform Code, and the construction documents. Such shop drawings shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9 or in any other applicable provision of the Uniform Code.

[NY] 106.2.3 Means of Egress

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The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of the Uniform Code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

[NY] 106.2.4 Exterior Wall Envelope

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Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with the Uniform Code and the Energy Code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings.

The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system that was tested, where applicable, as well as the test procedure used.

[NY] 106.2.5 Exterior Balconies and Elevated Walking Surfaces

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This section has been amended at the state or city level.
Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow, or irrigation, and the structural framing is protected by an impervious moisture barrier, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include manufacturer's installation instructions.

[NY] 106.2.6 Site Plan

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The construction documents submitted with the application for building permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan where the application for a building permit is for alteration or repair or where otherwise warranted.

[NY] 106.2.6.1 Design Flood Elevations

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Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1.

[NY] 106.2.6.2 Flood Hazard Documentation

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If located in a flood hazard area, documentation of the elevation of the lowest floor as required in Section 1612.4 shall be submitted to the building official prior to the final inspection.

[NY] 106.2.7 Structural Information

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The construction documents shall provide the information specified in Section 1603.

[NY] 106.2.8 Relocatable Buildings

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[NY] 106.2.9 Design Professional

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Construction documents shall be prepared by a registered design professional where required by Article 145 or Article 147 of the New York State Education Law, by the stricter of Code Enforcement Program of the authority having jurisdiction or a Part 1203—Compliant Code Enforcement Program, or by any other applicable statute, regulation, or local law or ordinance.

[NY] Section 107 Service Utilities

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[NY] 107.1 Connection of Service Utilities

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Connections from a utility, source of energy, fuel or power to any building or system which is regulated by Uniform Code shall be made in accordance with the requirements of the Uniform Code; the regulations of the public utility providing such utility, source of energy, fuel or power; and the regulations of any governmental unit or agency having jurisdiction over such utility, source of energy, fuel or power.

[NY] 107.1.1 Temporary Connection

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This section has been amended at the state or city level.
Where approved by the building official, temporary connections from a utility, source of energy, fuel or power to a building or system may be made. Temporary connections shall be made in accordance with Section 107.1.

[NY] 107.2 Notice of Disconnection of Service Utilities

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The owner or the owner's authorized agent shall notify the building official of the disconnection of any utility service to the building, structure, or system regulated by the Uniform Code.

[NY] Section 108 Temporary Structures

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[NY] 108.1 General

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Temporary structures shall conform to Chapter 31 of this code and Chapter 31 of the Fire Code of New York State.

[NY] Section 109 Inspection of Solid Fuel-Burning Heating Appliances, Chimneys and Flues

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[NY] 109.1 General

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This Section 109 is made part of the Uniform Code pursuant to Executive Law Section 378(5-c).

[NY] 109.2 Permit

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Prior to the installation of any solid fuel burning heating appliance, chimney or flue in any dwelling used as a residence, the owner thereof, or his agent, shall first secure a permit from the authority having jurisdiction.

[NY] 109.3 Installation and Inspection

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An appropriate and qualified inspector, as determined by the authority having jurisdiction, shall cause an inspection to be made of the solid fuel burning heating appliance, chimney or flue at a time when such inspection will best determine conformity of such installation with the Uniform Code.
Exception: The authority having jurisdiction may waive such inspection for good cause shown.

[NY] 109.4 Certificate of Approval

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Upon approval of such installation, the building official or other appropriate official of the authority having jurisdiction shall issue a certificate evidencing compliance with the appropriate provisions of the Uniform Code (such certificate being hereinafter referred to as a "certificate of approval"). No owner of any dwelling used as a residence shall operate, or cause to be operated, any solid fuel-burning heating appliance until such installation, including chimney and flue, has been approved and a certificate of approval has been obtained from the authority having jurisdiction.

[NY] 109.4.1 Accidental Fire

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In the event of an accidental fire in a solid fuel-burning heating appliance, chimney or flue requiring the services of a fire department, the chief of the responding fire department may issue a temporary thirty-day certificate indicating substantial conformity with the Uniform Code.

The authority having jurisdiction shall cause an inspection to be made by an official inspector, as determined by the Code Enforcement Program of the authority having jurisdiction, and a new certificate to be issued indicating conformity of such solid fuel-burning heating appliance, chimney or flue with the Uniform Code.

[NY] 109.4.2 Liability

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This section has been amended at the state or city level.
Pursuant to Executive Law Section 378(5-c)(f), the issuance of a certificate of approval shall not be deemed to give rise to any claim or cause of action for damages against the authority having jurisdiction or any official of the authority having jurisdiction for damages resulting from operation or use of such solid fuel burning heating appliance, chimney or flue.

[NY] 109.5 Fee

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The authority having jurisdiction may establish and collect a reasonable fee for such inspection from the owner of such property or such owner's agent.

[NY] 109.6 Violations

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Pursuant to Executive Law Section 378(5-c)(h), any violation of this Section 109 shall be deemed a violation and shall be punishable by a fine not to exceed two hundred fifty dollars.

[NY] 109.7 Emergency Repair

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This section has been amended at the state or city level.
Where equipment replacements and repairs must be performed in an emergency situation and where a delay occasioned by the requirement of securing a permit could reasonably be expected to cause irreparable damage to the property or serious personal injury to the occupants or other person, the owner or his agent may commence such installation without first obtaining such permit provided application therefor is filed within three business days after such work is commenced.
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