Heads up:
There are no amended sections in this chapter.
These provisions shall be known as the New York State Uniform Fire Prevention and Building Code and referred to herein as the "Uniform Code".
The Uniform Code includes the following code documents as published by the International Code Council: 2015 IRC 2nd printing, 2015 IBC 3rd printing, 2015 IPC 3rd printing, 2015 IMC 3rd printing, 2015 IFGC 3rd printing, 2015 IFC 3rd printing, 2015 IPMC 4th printing, and 2015 IEBC 5th printing. Each of these International Code Council documents shall be deemed to be amended by the publication entitled 2017 Uniform Code Supplement, as published by the New York Department of State.
Each code document has a specific scope with regard to the minimum standards for building construction and fire prevention, as outlined in Section 101.2 Scope.
The Uniform Code includes the following code documents as published by the International Code Council: 2015 IRC 2nd printing, 2015 IBC 3rd printing, 2015 IPC 3rd printing, 2015 IMC 3rd printing, 2015 IFGC 3rd printing, 2015 IFC 3rd printing, 2015 IPMC 4th printing, and 2015 IEBC 5th printing. Each of these International Code Council documents shall be deemed to be amended by the publication entitled 2017 Uniform Code Supplement, as published by the New York Department of State.
Each code document has a specific scope with regard to the minimum standards for building construction and fire prevention, as outlined in Section 101.2 Scope.
The provisions of the Uniform Code shall apply to all new and existing buildings, structures, systems and equipment as indicated in Sections 101.2.1 through 101.2.8, with the following exceptions:
Exceptions:
- Structures, systems and equipment lawfully in existence at the time of adoption of the Uniform Code shall be permitted to have their use continued, provided that the use is in accordance with the original design and no hazard to life, health or property is created by such structure, system or equipment and except when provisions of the 2015 IRC, 2015 IBC, 2015 IPC, 2015 IMC, 2015 IFGC, 2015 IFC, 2015 IPMC, and 2015 IEBC specifically apply to existing buildings.
- Additions, alterations, renovations or repairs to any structure, system or equipment shall conform to that required for new construction without requiring the existing structure, system or equipment to comply with all of the requirements of the Uniform Code. Additions, alterations or repairs shall not cause an existing structure, system or equipment to become unsafe, unsanitary, hazardous or overloaded. Minor additions, alterations, renovations and repairs to existing structure, system or equipment shall meet the provisions for new construction, unless such work is done in the same manner and arrangement as was in the existing, is not hazardous, and is approved.
- Construction trailers used as a temporary office for the purpose of monitoring construction at a construction site.
- Structures such as radio and television transmission, communication and wind generation towers not attached to buildings.
The provisions of the 2015 IRC shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of
- detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height,
- one-family dwellings converted to owner occupied bed and breakfast dwellings with five or fewer guest rooms and their accessory structures not more than three stories above grade plane in height', and
- plumbing, mechanical, and fuel gas systems and appliances servicing these structures.
Exceptions:
- Live/work units located in townhouses and complying with the requirements of Section 419 of the 2015 IBC shall be permitted to be constructed in accordance with the 2015 IRC for one- and two-family dwellings. Fire suppression required by Section 419.5 of the 2015 IBC where constructed under the 2015 IRC for one- and two-family dwellings shall conform to the Section P2904 of the 2015 IRC.
- Home occupations in dwelling units complying with the requirements of Appendix J shall be permitted.
- Owner-occupied lodging houses with five or fewer guestrooms shall be permitted to be constructed in accordance with the 2015 IRC where equipped with a fire sprinkler system in accordance with Section P2904 of the 2015 IRC.
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 2015 IRC.
No change shall be made in the use or
occupancy of any structure unless such structure is made to comply with the
requirements of Appendix J.
Additions, alterations or repairs to any
structure shall conform to the requirements of Appendix J without requiring the
existing structure to comply with all of the requirements of the 2015 IRC, unless
otherwise stated. Additions, alterations or repairs shall not cause an existing structure
to become unsafe or adversely affect the performance of the building
Such homes shall be
constructed and installed in accordance with the requirements of the 2015 IRC and shall
bear an Insignia of Approval issued in accordance with the 19 NYCRR Part 1209,
Regulations and Fees for Factory Manufactured Homes.
The provisions of the 2015 IBC shall apply to the
construction, alteration, movement, 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.
Exceptions:
- Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, their accessory structures not more than three stories above grade plane in height, one-family dwellings converted to owner occupied bed and breakfast dwellings with five or fewer guest rooms, and their accessory structures not more than three stories above grade plane in height shall comply with the provisions of the 2015 IRC.
- Agricultural buildings, including barns, sheds, poultry houses and other buildings and equipment on the premises used directly and solely for agricultural purposes. "Agricultural building" shall mean a structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products, excluding any structure designed, constructed or used, in whole or in part, for human habitation, as a place of employment where agricultural products are processed, treated or packaged, or as a place used by the public.
The provisions of the 2015 IPC shall apply to the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing systems. This code shall also regulate nonflammable medical gas, inhalation anesthetic, vacuum piping, nonmedical oxygen systems and sanitary and condensate vacuum collection systems.
Exceptions:
- Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, their accessory structures not more than three stories above grade plane in height, one-family dwellings converted to owner occupied bed and breakfast dwellings with five or fewer guest rooms, and their accessory structures not more than three stories above grade plane in height are permitted to comply with the provisions of the 2015 IRC.
- Plumbing systems in existing buildings that are undergoing repairs, alterations, or changes in occupancy or construction of additions shall be permitted to comply with provisions of the 2015 IEBC.
The provisions of the 2015 IMC shall regulate the design, installation, maintenance, alteration, and inspection of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. This shall include ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.
Exceptions:
- Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, their accessory structures not more than three stories above grade plane in height, one-family dwellings converted to owner occupied bed and breakfast dwellings with five or fewer guest rooms, and their accessory structures not more than three stories above grade plane in height are permitted to comply with the provisions of the 2015 IRC.
- Mechanical systems in existing buildings that are undergoing repairs, alterations, or changes in occupancy or construction of additions shall be permitted to comply with provisions of the 2015 IEBC.
The provisions of the 2015 IFGC shall apply to the design,
installation, maintenance, alteration and inspection of the 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 2015 IFGC. These requirements apply to gas
piping systems extending from the point of delivery to the inlet connections of appliances,
the installation and operation of residential and commercial gas appliances and related
accessories, and gaseous hydrogen systems.
Exceptions:
- Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, their accessory structures not more than three stories above grade plane in height, one-family dwellings converted to owner occupied bed and breakfast dwellings with five or fewer guest rooms, and their accessory structures not more than three stories above grade plane in height are permitted to comply with the provisions of the 2015 IRC.
- Fuel gas piping systems in existing buildings that are undergoing repairs, alterations, or changes in occupancy or construction of additions shall be permitted to comply with provisions of the 2015 IEBC.
Gaseous hydrogen systems shall be regulated by Chapter 7 of 2015 IFGC.
These regulations cover piping systems for natural gas with an operating pressure of 125 pounds per square inch gauge (psig) (862 kPa gauge) or less, and for LP-gas with an operating pressure of 20 psig (140 kPa gauge) or less, except as provided in Section 402.6. Coverage shall extend from the point of delivery to the outlet of the appliance shutoff valves. Piping systems requirements shall include design, materials, components, fabrication, assembly, installation, testing, inspection, operation and maintenance.
Requirements for gas appliances and related accessories shall include installation, combustion and ventilation air and venting and connections to piping systems.
2015 IFGC shall not apply to the following:
- Portable LP-gas appliances and equipment of all types that is not connected to a fixed fuel piping system.
- Installation of farm appliances and equipment such as brooders, dehydrators, dryers and irrigation equipment.
- Raw material (feedstock) applications except for piping to special atmosphere generators.
- Oxygen-fuel gas cutting and welding systems.
- Industrial gas applications using gases such as acetylene and acetylenic compounds, hydrogen, ammonia, carbon monoxide, oxygen and nitrogen.
- Petroleum refineries, pipeline compressor or pumping stations, loading terminals, compounding plants, refinery tank farms and natural gas processing plants.
- Integrated chemical plants or portions of such plants where flammable or combustible liquids or gases are produced by, or used in, chemical reactions.
- LP-gas installations at utility gas plants.
- Liquefied natural gas (LNG) installations.
- Fuel gas piping in power and atomic energy plants.
- Proprietary items of equipment, apparatus or instruments such as gas-generating sets, compressors and calorimeters.
- LP-gas equipment for vaporization, gas mixing and gas manufacturing.
- Temporary LP-gas piping for buildings under construction or renovation that is not to become part of the permanent piping system.
- Installation of LP-gas systems for railroad switch heating.
- Installation of hydrogen gas, LP-gas and compressed natural gas (CNG) systems on vehicles.
- Except as provided in Section 401.1.1, gas piping, meters, gas pressure regulators and other appurtenances used by the serving gas supplier in the distribution of gas, other than undiluted LP-gas.
- Building design and construction, except as specified herein.
- Piping systems for mixtures of gas and air within the flammable range with an operating pressure greater than 10 psig (69 kPa gauge).
- Portable fuel cell appliances that are neither connected to a fixed piping system nor interconnected to a power grid.
The requirements for the design, installation, maintenance, alteration and inspection of mechanical systems operating with fuels other than fuel gas shall be regulated by the 2015 IMC.
The provisions of the 2015 IFC shall apply to all matters affecting or relating to structures, processes, premises and safeguards regarding all of the following:
- The hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices;
- Conditions hazardous to life, property or public welfare in the occupancy of structures or premises;
- Fire hazards in the structure or on the premises from occupancy or operation;
- Matters related to the construction, extension, repair, alteration or removal of fire suppression or alarm systems; and
- Conditions affecting the safety of fire fighters and emergency responders during emergency operations.
The construction and design provisions of the 2015 IFC shall apply to:
- Structures, facilities and conditions arising after the adoption of the 2015 IFC.
- Existing structures, facilities and conditions not legally in existence at the time of adoption of the 2015 IFC.
- Existing structures, facilities and conditions where identified in the 2015 IFC.
Exceptions:
- Agricultural buildings, including barns, sheds, poultry houses and other buildings and equipment on the premises used directly and solely for agricultural purposes. "Agricultural building" shall mean a structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products, excluding any structure designed, constructed or used, in whole or in part, for human habitation, as a place of employment where agricultural products are processed, treated or packaged, or as a place used by the public.
The administrative, operational and maintenance provisions of the 2015 IFC shall apply to:
- Conditions and operations arising after the adoption of the 2015 IFC.
- Existing conditions and operations.
Where any device, equipment, system, condition, arrangement, level of protection, or any other feature is required for compliance with the provisions of the Fire Code, or otherwise installed, such device, equipment, system, condition, arrangement, level of protection, or other feature shall thereafter be continuously maintained in accordance with the 2015 IFC, the 2015 IPMC, and applicable referenced standards.
Wherever any non-required device, equipment, system, condition, arrangement, level of protection, or any other feature is provided, such device, equipment, system, condition, arrangement, level of protection, or other feature shall, thereafter, be continuously maintained in accordance with the Fire Code and applicable referenced standards or shall be removed in its entirety.
Exceptions:
- Non-required devices, equipment and systems are permitted to be removed in entirety;
- Non-required devices, equipment and systems are permitted to be disabled, provided that all visible elements are removed;
- Electrically charged devices, equipment and systems are permitted to be disabled, provided they are disconnected from power sources and all visible elements are labeled as not being energized; and
- Non-required fire protection systems are permitted to be disabled, provided that sprinkler heads, exposed valves, fire department connections, initiating and notification devices and similar equipment are removed, and any remaining visible components are labeled as not being in service.
Existing fire extinguishing systems at motor fuel-dispensing facilities shall be permitted to be removed in their entirety only after all existing elements of the motor fuel-dispensing systems have been upgraded to comply with all of the safety requirements in the current 2015 IFC.
Equipment requiring periodic testing or operation to ensure maintenance shall be tested or operated as specified in the 2015 IFC.
Required test and inspection records shall be available at all times.
Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with the 2015 IFC.
Fire protection equipment or building systems and equipment that provide life safety functions shall not be rendered inoperative or inaccessible except as necessary during emergencies, maintenance, repairs, alterations, drills or prescribed testing.
If during the inspection of a premises, building or structure, or any building system or equipment, in whole or in part, there exists a clear and imminent threat to human life, safety or health, the authority having
jurisdiction charged with the 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 threat to human life, safety, or health.
An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or to the occupants of the structure by not providing minimum safeguards to protect or warn occupants in
the event of fire; or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, or structurally unsafe; or is of such faulty construction or unstable foundation that partial or complete collapse is possible. A vacant structure that is not secured against unauthorized entry as required by Section 311 of the 2015 IFC shall be deemed unsafe.
Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or any other equipment on the premises or within the structure that is in
such disrepair or condition that the equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
A structure is unfit for human occupancy whenever the structure is unsafe, unlawful, or because of the degree to which the structure is in disrepair or lacks maintenance or the location of the structure constitutes a hazard to the occupants of the structure or to the public.
An unlawful structure is one found in whole or in
part to be occupied by more persons than are permitted under the 2015 IFC, or was
erected, altered or occupied contrary to law.
No person shall occupy a placarded structure.
The placard shall be removed whenever the
defect or defects on which the condemnation and placarding action were based
have been eliminated.
The occupants shall vacate premises when there
exists:
- Imminent danger of failure or collapse of a building or structure which endangers life;
- A structure where the entire or part of the structure has fallen and life is endangered by the occupation of the structure;
- Actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials; or
- Operation of defective or dangerous equipment.
The provisions of the 2015 IPMC 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.
Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the 2015 IBC, IEBC, IECC, IFC, IFGC, IMC, IRC, IPC, and NFPA 70.
Equipment, systems, devices and safeguards required by the 2015 IPMC, or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. The requirements of the 2015 IPMC are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises.
Whenever or wherever any non-required device, equipment, system, condition, arrangement, level of protection or any other feature is provided, such device, equipment, system, condition, arrangement, level of protection or other feature shall thereafter be continuously maintained in accordance with the 2015 IPMC and applicable referenced standards.
Exception:
Non-required devices, equipment and systems are permitted to be
removed or disabled as provided herein.
- Non-required devices, equipment and systems are permitted to be removed in entirety;
- Non-required devices, equipment and systems are permitted to be disabled, provided that all visible elements are removed;
- Electrically charged devices, equipment and systems are permitted to be disabled, provided that they are disconnected from power sources and all visible elements are labeled as not being energized; and
- Non-required fire protection systems are permitted to be disabled, provided that sprinkler heads, exposed valves, fire department connections, initiating and notification devices and similar equipment are removed, and any remaining visible components are labeled as not being in service.
If during the inspection of a premises,
building or structure, or any building system or equipment, in whole or in part,
constitutes a clear and imminent threat to human life, safety or health, the authority
having jurisdiction charged with the 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 threat to human life, safety, or health.
An unsafe structure is one that is found to be
dangerous to the life, health, property or safety of the public or the occupants of the
structure by not providing minimum safeguards to protect or warn occupants in the
event of fire, or because such structure contains unsafe equipment or is so damaged,
decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
Unsafe equipment includes any boiler, heating
equipment, elevator, moving stairway, electrical wiring or device, flammable liquid
containers or other equipment on the premises or within the structure that is in such
disrepair or condition that such equipment is a hazard to life, health, property or
safety of the public or occupants of the premises or structure.
A structure is unfit for human
occupancy whenever such structure is unsafe, unlawful or, because of the degree to
which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat
infested, contains filth and contamination, or lacks ventilation, illumination,
sanitary or heating facilities or other essential equipment required by the 2015
IPMC, or because the location of the structure constitutes a hazard to the occupants
of the structure or to the public.
An unlawful structure is one found in whole or in
part to be occupied by more persons than permitted under the 2015 IPMC, or was
erected, altered or occupied contrary to law.
Vacant structures shall comply with the 2015 IPMC and the 2015 IFC.
The placard shall be removed whenever the defect or
defects upon which the condemnation and placarding action were based have been
eliminated.
The authority having jurisdiction is authorized to
order and require the occupants to vacate premises when there exists:
- Imminent danger of failure or collapse of a building or structure which endangers life;
- A structure in which any part of the structure has fallen and life is endangered by the occupation of the structure; or
- An actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials; or
- Operation of defective or dangerous equipment.
The provisions of the 2015 IEBC shall apply to
all matters governing the repairs, alterations, change of occupancy, additions and
relocation of existing buildings. The intent of the Existing Building Code is to provide
flexibility to permit the use of alternative approaches to achieve compliance with
minimum requirements to safeguard the public health, safety and welfare insofar as
they are affected by the repair, alteration, change of occupancy, additional and
relocation of existing buildings.
Exceptions:
- Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, their accessory structures not more than three stories above grade plane in height, one-family dwellings converted to owner occupied bed and breakfast dwellings with five or fewer guest rooms, and their accessory structures not more than three stories above grade plane in height shall comply with the provisions of the 2015 IRC.
- Agricultural buildings, including barns, sheds, poultry houses and other buildings and equipment on the premises used directly and solely for agricultural purposes. "Agricultural building" shall mean a structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products, excluding any structure designed, constructed or used, in whole or in part, for human habitation, as a place of employment where agricultural products are processed, treated or packaged, or as a place used by the public.
The repair, alteration, change of occupancy,
addition, or relocation of all existing buildings shall comply with one of the
methods listed in Section 301 of the 2015 IEBC. Projects that involve more than
one classification of work must comply with the requirements of each appropriate
chapter.
Exception: Alterations complying with laws in existence at the time the
building or affected portion of the building was constructed shall be considered
in compliance with the provisions of the 2015 IEBC, unless the building has
sustained substantial structural damage as defined in Section 606.2, or the
building is undergoing more than a limited structural alteration as defined in
Section 907.4.4. New structural members added as part of the repair or
alteration shall comply with the 2015 IBC. Repairs and alterations of existing
buildings in flood hazard areas shall comply with Section 701.3
Energy conservation measures in existing
buildings shall be in conformance with Chapter 5 CE or Chapter 5 RE of the Energy
Conservation Code, as applicable.
Additions, alterations or repairs to
any structure shall conform to that required by the 2015 IEBC without requiring
the existing structure to comply with all the requirements of said code, unless
otherwise stated. Additions, alterations or repairs shall not cause an existing
structure to become unsafe or adversely affect the performance of the building.
Carbon monoxide alarms and detectors shall comply with the 2015 IFC.
The Uniform Code is intended to provide minimum requirements to safeguard
public safety, 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 and other hazards attributed to the built environment.
Where, in any specific case, different sections of the Uniform Code specify
different materials, methods of construction or other requirements, the most restrictive shall be
applicable. Where there is a conflict between a general requirement and a specific requirement,
the specific requirement shall be applicable.
The Uniform Code is promulgated pursuant to Article 18 of the New York State Executive Law. The provisions of the Uniform 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:
- Pursuant to Section 383(1) of the Executive Law, and except as otherwise provided in subparagraphs a, b and c of Section 383 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;
- 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; and
- 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 than 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.
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:
- 19 NYCRR Part 300 (Universal Symbol of Access),
- 19 NYCRR Part 1261 (Recordkeeping — Smoke Detectors in Multiple Dwellings),
- 19 NYCRR Part 1264 (Identification of Buildings Utilizing Truss Type Construction), and
- 19 NYCRR Part 1265 (Residential Structures with Truss Type Construction, Pre-Engineered Wood Construction and/or Timber Construction).
No change shall be made in the use or occupancy of any
structure that would place the structure in a different division of the same group or occupancy
or in a different group of occupancies, unless such structure is made to comply with the
requirements of the 2015 IRC or 2015 IEBC, as applicable.
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 the applicable code book or as otherwise modified by this Supplement.
All references made to Sections 101 through 117, or subsections thereof, in the 2015 IRC, 2015
IBC, 2015 IPC, 2015 IMC, 2015 IFGC, 2015 IFC, 2015 IPMC, and 2015 IEBC shall not
apply, such sections having been replaced in their entirety by Chapter 1 of this Supplement.
However, this shall not limit the administration and enforcement duties and powers of the
building official allowed by Sections 107 and 108 of this Supplement.
The standards referenced in the Uniform Code shall be
considered part of the requirements of the same, to the prescribed extent of each such reference.
Where differences occur between provisions of the Uniform Code and referenced standards,
the provisions of the Uniform Code shall apply.
The following appendices have been adopted and are made part of the Uniform Code:
The Residential Code
- Appendix E — Manufactured Housing Used as Dwellings, as amended by this Supplement.
- Appendix H — Patio Covers.
- Appendix J — Existing Buildings and Structures, as amended by this Supplement.
The Building Code
- Appendix E — Supplemental Accessibility Requirements.
- Appendix F — Rodent Proofing.
- Appendix I — Patio Covers.
- Appendix N — Assistive Listening Systems Performance Standards, as added by this Supplement.
The Plumbing Code
- Appendix C — Structural Safety.
The Existing Building Code
- Appendix A — Guidelines for the Seismic Retrofit of Existing Buildings.
- Resource A — Guidelines on Fire Ratings of Archaic Materials and Assemblies.
In the event that any part or provision of the Uniform Code is held to
be illegal or void, this shall not have the effect of making void or illegal any of the other parts
or provisions.
The legal occupancy of any structure existing on the date of
adoption of Uniform Code or its amendments shall be permitted to continue without change,
except as is specifically addressed by the provisions of the Uniform Code.
Materials, equipment and devices approved by
the code enforcement official for use 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.
Material, equipment and devices shall not be reused
unless they meet the requirements of Uniform Code for new materials.
The Uniform Code is not intended to prevent the use of any material not specifically prescribed by
Uniform Code or to prohibit any design or method of construction not specifically prescribed
by Uniform Code, provided that any such alternative material, design or method of
construction has been approved by the code enforcement official or the State Fire Prevention
and Building Code Council. An alternative material, design or method of construction may be
approved only when the code enforcement official or the State Fire Prevention and Building
Code Council shall have determined, in writing, that such alternative material, design or
method of construction (1) complies with the intent of the provisions of Uniform Code and (2)
is at least equivalent of that prescribed in Uniform Code in quality, strength, effectiveness, fire
resistance, durability and safety. Nothing in this Section 103.3 shall be construed as permitting any code enforcement official, or any town, village, city, county, or state agency charged with the administration and enforcement of the Uniform Code, to waive, vary, modify or otherwise
alter any provision or requirement of Uniform Code. Provisions or requirements of the
Uniform Code may be varied or modified only pursuant to procedures established by the
Secretary of State pursuant to Section 381(1)(f) of the Executive Law.
All construction work covered in Uniform Code,
including any demolition, shall comply with the requirements of the 2015 IFC and Chapter 33
of the 2015 IBC.
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 accordance with Uniform Code and the manufacturer's installation instructions.
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 regulations of the public utility or other authority having jurisdiction.
Temporary power shall comply with the requirements of Chapter
27 of the 2015 IBC.
Temporary structures shall conform to Chapter 31 of the 2015 IBC, and
Chapter 31 of the 2015 IFC.
Such buildings shall be constructed and installed in accordance
with the requirements of Uniform Code and shall bear the Insignia of Approval by the
Secretary of State. Modular building shall mean a building wholly or in substantial part
manufactured in a manufacturing facility, intended or designed for permanent installation or
assembly on a building site, and whereby all portions may not be reasonably inspected at the
installation site without disassembly or destruction thereof.
Exception:
An Insignia of Approval shall not be required for the following buildings:
- Modular buildings with structural components that cannot be inspected at the installation site but can be inspected in accordance with Section 1704 of the 2015 IBC at the manufacturing facility in which it was built.
- Buildings of Group S or U occupancy having an area not exceeding 400 square feet and not customarily used for human occupancy.
In this Section 107, the following terms shall have the following meanings:
"Authority Having Jurisdiction" means the governmental unit or agency responsible for administration and enforcement of the Uniform Code.
"Code Enforcement Program" means the program under which an Authority Having Jurisdiction administers and enforces the Uniform Code, as such program is currently in effect and as such program may hereafter be amended from time to time.
"Energy Code" means the State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
"Part 1202" means the regulations set forth in 19 NYCRR Part 1202 ("Uniform Code: Administration and Enforcement in Certain Local Governments"), as currently in effect and as hereafter amended from time to time.
"Part 1203" means the regulations set forth in 19 NYCRR Part 1203 ("Uniform Code: Minimum Standards for Administration and Enforcement"), as currently in effect and as hereafter amended from time to time.
"Part 1204" means the regulations set forth in 19 NYCRR Part 1204 ("Uniform Code: Administration and Enforcement by State Agencies"), as currently in effect and as hereafter amended from time to time.
"Part 1205" means the regulations set forth in 19 NYCRR Part 1205 ("Uniform Code: Variance Procedures"), as currently in effect and as hereafter amended from time to time.
"Uniform Code" means the New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
"Authority Having Jurisdiction" means the governmental unit or agency responsible for administration and enforcement of the Uniform Code.
"Code Enforcement Program" means the program under which an Authority Having Jurisdiction administers and enforces the Uniform Code, as such program is currently in effect and as such program may hereafter be amended from time to time.
"Energy Code" means the State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
"Part 1202" means the regulations set forth in 19 NYCRR Part 1202 ("Uniform Code: Administration and Enforcement in Certain Local Governments"), as currently in effect and as hereafter amended from time to time.
"Part 1203" means the regulations set forth in 19 NYCRR Part 1203 ("Uniform Code: Minimum Standards for Administration and Enforcement"), as currently in effect and as hereafter amended from time to time.
"Part 1204" means the regulations set forth in 19 NYCRR Part 1204 ("Uniform Code: Administration and Enforcement by State Agencies"), as currently in effect and as hereafter amended from time to time.
"Part 1205" means the regulations set forth in 19 NYCRR Part 1205 ("Uniform Code: Variance Procedures"), as currently in effect and as hereafter amended from time to time.
"Uniform Code" means the New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
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 § 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 with respect to a building
or structure is also responsible for administration and enforcement of the Energy Code with
respect to such building or structure.
Administration and enforcement of the Uniform Code and Energy Code shall be in accordance with the following, as applicable:
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 108.
Administration and enforcement of the Uniform Code and Energy Code shall be in accordance with the following, as applicable:
- Where a city, town, village or county is the Authority Having Jurisdiction:
- 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;
- the Code Enforcement Program established by such local law, ordinance or other appropriate regulation, or combination thereof, must include the features described in Part 1203 and must satisfy all other requirements of Part 1203; and
- 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.
- Where the State is the Authority Having Jurisdiction pursuant to 19 NYCRR section
1201.2(d):
- the Code Enforcement Program shall be as established by Part 1204; and
- the State, acting through one or more State agencies, shall administer and enforce the Uniform Code and Energy Code in accordance with Part 1204.
- Where the Department of State is the Authority Having Jurisdiction,
- the Code Enforcement Program shall be as established by Part 1202; and
- the Department of State shall administer and enforce the Uniform Code and Energy Code in accordance with Part 1202.
- Where any governmental unit or agency not included in paragraphs 1, 2, and 3 above
is the Authority Having Jurisdiction:
- such governmental unit or agency shall provide for administration and enforcement of the Uniform Code and Energy Code by regulation;
- the Code Enforcement Program established by such regulation must include the features described Part 1203 and must satisfy all other requirements of Part 1203; and
- 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.
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 108.
Nothing in this Chapter 1, or elsewhere in the Uniform Code, or in any
regulation promulgated pursuant to Executive Law § 381(1), shall be construed as authorizing
any governmental unit or agency responsible for administration and enforcement of the
Uniform Code to do so in a manner that deprives any person or entity of due process of law. In
particular, but not by way of limitation, nothing in this Chapter 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 governmental unit or agency responsible for
administration and enforcement of the Uniform Code 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.
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.
No town, village, city or county, nor any state agency charged with the
administration and enforcement of Uniform Code may vary, modify, waive or otherwise alter
any 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.
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.
The purpose of this Section 108 is to add 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 to the Uniform Code. The
provisions added to the Uniform Code by this Section 108 are considered to be integral parts
of the Uniform Code's standards for construction, maintenance, and fire protection equipment
and systems.
In this Section 108, the terms "Authority Having Jurisdiction," "Code
Enforcement Program," "Energy Code," "Part 1203," and "Uniform Code" shall have the
meanings ascribed in Section 107.1, and the following terms shall have the following
meanings:
"Building Permit" means a building permit, construction permit, demolition permit or
permit that authorizes the performance of work.
"Certificate of Occupancy" means a certificate of occupancy, certificate of compliance, or other certificate granting permission to use or occupy a building or structure or any portion thereof.
"Part 1203-Compliant Code Enforcement Program" means a code enforcement program that includes the features required by Part 1203 and satisfies the requirements of Part 1203.
"Certificate of Occupancy" means a certificate of occupancy, certificate of compliance, or other certificate granting permission to use or occupy a building or structure or any portion thereof.
"Part 1203-Compliant Code Enforcement Program" means a code enforcement program that includes the features required by Part 1203 and satisfies the requirements of Part 1203.
No person or entity shall commence, perform or continue any work
that must conform with the Uniform Code and/or the Energy Code unless:
- such person or entity has applied to the Authority Having Jurisdiction for a Building Permit;
- the Authority Having Jurisdiction has issued a Building Permit authorizing such work,
- such permit has not been revoked or suspended, and
- such permit has not expired.
Exception. A Building Permit is not required for work in any category that is excluded
from the 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 permit requirement. An exemption from the requirement to
obtain a Building Permit shall not be deemed to be an authorization for work to be
performed in violation of the Uniform Code or Energy Code.
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:
- the information and documentation required by the stricter of the Authority Having Jurisdiction's Code Enforcement Program or a Part 1203-Compliant Code Enforcement Program;
- construction documents (drawings and/or specifications) that define the scope of the proposed work and satisfy the requirements of the stricter of the Authority Having Jurisdiction's Code Enforcement Program or a Part 1203-Compliant Code Enforcement Program; and
- 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 and Energy Code.
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.
No person or entity shall commence, perform or continue any work
that must conform with the Uniform Code and/or Energy Code if the Authority Having
Jurisdiction has issued a Stop Work Order with respect to such work.
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:
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.
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.
Any violation of any provision set forth in sections 108.3 through 108.8 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 § 382(2). In addition, to the extent that
any act or omission that violates any provision set forth in sections 108.3 through 108.8 is also
a violation of any other 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 law.
For the purpose of this section 108.9, the term "other law" shall include the Authority Having
Jurisdiction's Code Enforcement Program; any regulation, local law or ordinance establishing
the Authority Having Jurisdiction's Code Enforcement Program; and any other applicable
statute, rule, regulation, local law or ordinance.
This Section 109 is made part of the Uniform Code pursuant to Executive Law § 378 (5-c). In
this Section 109, the term "Authority Having Jurisdiction" shall have the meaning ascribed in
Section 107.1.
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 building permit from the Authority Having Jurisdiction.
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, provided, however, that the Authority Having Jurisdiction may waive such inspection for good cause shown.
Upon approval of such installation, the appropriate local government official shall issue a certificate evidencing compliance with the appropriate provisions of the Uniform Code.
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 indicating such approval obtained from the Authority Having Jurisdiction.
In the event of an accidental fire, requiring the services of a fire department, in a solid fuel burning heating appliance, chimney or flue, the chief of the fire department so responding may issue a temporary thirty day certificate indicating substantial conformity with the Uniform Code, until such time as an official inspector, as determined by the Code Enforcement Program of the Authority Having Jurisdiction, or in the case of a local government that relies on State inspection, a State inspector, shall cause an inspection to be made and a certificate to be issued indicating conformity of such solid fuel burning heating appliance, chimney or flue with the Uniform Code.
The issuance of such certificate of compliance 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.
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.
Any violation of this Section 109 shall be deemed a violation and be punishable by a fine not to exceed two hundred fifty dollars.
Notwithstanding the foregoing provisions of this Section 109, in the event of an emergency, where a delay occasioned by the requirement of securing a building 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 building permit provided application therefor is filed within three business days after such work is commenced.
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 building permit from the Authority Having Jurisdiction.
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, provided, however, that the Authority Having Jurisdiction may waive such inspection for good cause shown.
Upon approval of such installation, the appropriate local government official shall issue a certificate evidencing compliance with the appropriate provisions of the Uniform Code.
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 indicating such approval obtained from the Authority Having Jurisdiction.
In the event of an accidental fire, requiring the services of a fire department, in a solid fuel burning heating appliance, chimney or flue, the chief of the fire department so responding may issue a temporary thirty day certificate indicating substantial conformity with the Uniform Code, until such time as an official inspector, as determined by the Code Enforcement Program of the Authority Having Jurisdiction, or in the case of a local government that relies on State inspection, a State inspector, shall cause an inspection to be made and a certificate to be issued indicating conformity of such solid fuel burning heating appliance, chimney or flue with the Uniform Code.
The issuance of such certificate of compliance 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.
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.
Any violation of this Section 109 shall be deemed a violation and be punishable by a fine not to exceed two hundred fifty dollars.
Notwithstanding the foregoing provisions of this Section 109, in the event of an emergency, where a delay occasioned by the requirement of securing a building 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 building permit provided application therefor is filed within three business days after such work is commenced.
