CODES

ADOPTS WITH AMENDMENTS:

International Fire Code 2015 (IFC 2015)

Copyright

Preface

Effective Use of the International Fire Code

Legislation

Chapter 1 Scope and Administration

Chapter 1 General Requirements

Chapter 2 Definitions

Chapter 3 General Requirements

Chapter 4 Emergency Planning and Preparedness

Chapter 5 Fire Service Features

Chapter 6 Building Services and Systems

Chapter 7 Fire and Smoke Protection Features

Chapter 8 Interior Finish, Decorative Materials and Furnishings

Chapter 9 Fire Protection Systems

Chapter 10 Means of Egress

Chapter 11 Construction Requirements for Existing Buildings

Chapter 12 through 19

Chapter 20 Aviation Facilities

Chapter 21 Dry Cleaning

Chapter 22 Combustible Dust-Producing Operations

Chapter 23 Motor Fuel-Dispensing Facilities and Repair Garages

Chapter 24 Flammable Finishes

Chapter 25 Fruit and Crop Ripening

Chapter 26 Fumigation and Insecticidal Fogging

Chapter 27 Semiconductor Fabrication Facilities

Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities

Chapter 29 Manufacture of Organic Coatings

Chapter 30 Industrial Ovens

Chapter 31 Tents and Other Membrane Structures

Chapter 32 High-Piled Combustible Storage

Chapter 33 Fire Safety During Construction and Demolition

Chapter 34 Tire Rebuilding and Tire Storage

Chapter 35 Welding and Other Hot Work

Chapter 36 Marinas

Chapter 37 Combustible Fibers

Chapter 38 through 49

Chapter 50 HAZARDOUS MATERIALS—GENERAL PROVISIONS

Chapter 51 Aerosols

Chapter 52 Reserved

Chapter 53 Compressed Gases

Chapter 54 Corrosive Materials

Chapter 55 Cryogenic Fluids

Chapter 56 Explosives and Fireworks

Chapter 57 Flammable and Combustible Liquids

Chapter 58 Flammable Gases and Flammable Cryogenic Fluids

Chapter 59 Flammable Solids

Chapter 60 Highly Toxic and Toxic Materials

Chapter 61 Liquefied Petroleum Gases

Chapter 62 Organic Peroxides

Chapter 63 Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids

Chapter 64 Pyrophoric Materials

Chapter 65 Pyroxylin (Cellulose Nitrate) Plastics

Chapter 66 Unstable (Reactive) Materials

Chapter 67 Water-Reactive Solids and Liquids

Chapter 68 through 79

Chapter 80 Referenced Standards

Appendix A Board of Appeals

Appendix B Fire-Flow Requirements for Buildings

Appendix C Fire Hydrant Locations and Distribution

Appendix D Fire Apparatus Access Roads

Appendix E Hazard Categories

Appendix F Hazard Ranking

Appendix G Cryogenic Fluids - Weight and Volume Equivalents

Appendix H Hazardous Materials Management Plan (Hmmp) and Hazardous Materials Inventory Statement (Hmis) Instructions

Appendix I Fire Protection Systems - Noncompliant Conditions

Appendix J Building Information Sign

Appendix K Construction Requirements for Existing Ambulatory Care Facilities

Appendix L Requirements for Fire Fighter Air Replenishment Systems

Appendix M HIGH-RISE BUILDINGS—RETROACTIVE AUTOMATIC SPRINKLER REQUIREMENT

101.1 Title

STATE AMENDMENT
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 2016 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.

101.2 Scope

STATE AMENDMENT
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:
  1. 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.
  2. 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.
  3. Construction trailers used as a temporary office for the purpose of monitoring construction at a construction site.
  4. 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, 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 plumbing, mechanical, and fuel gas systems and appliances servicing these structures.
Exceptions:
  1. 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.
  2. Home occupations in dwelling units complying with the requirements of Appendix J shall be permitted.
  3. 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:
  1. 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, and one-family dwellings converted to owner occupied bed and breakfast dwellings with five or fewer guest rooms shall comply with the provisions of the 2015 IRC.
  2. 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:
  1. 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, and one-family dwellings converted to owner occupied bed and breakfast dwellings with five or fewer guest rooms are permitted to comply with the provisions of the 2015 IRC.
  2. 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:
  1. 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, and one-family dwellings converted to owner occupied bed and breakfast dwellings with five or fewer guest rooms are permitted to comply with the provisions of the 2015 IRC.
  2. 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:
  1. 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, and one-family dwellings converted to owner occupied bed and breakfast dwellings with five or fewer guest rooms are permitted to comply with the provisions of the 2015 IRC.
  2. 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.

101.2.5.2 Piping systems

STATE AMENDMENT
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.

101.2.5.3 Gas appliances

STATE AMENDMENT
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:
  1. Portable LP-gas appliances and equipment of all types that is not connected to a fixed fuel piping system.
  2. Installation of farm appliances and equipment such as brooders, dehydrators, dryers and irrigation equipment.
  3. Raw material (feedstock) applications except for piping to special atmosphere generators.
  4. Oxygen-fuel gas cutting and welding systems.
  5. Industrial gas applications using gases such as acetylene and acetylenic compounds, hydrogen, ammonia, carbon monoxide, oxygen and nitrogen.
  6. Petroleum refineries, pipeline compressor or pumping stations, loading terminals, compounding plants, refinery tank farms and natural gas processing plants.
  7. Integrated chemical plants or portions of such plants where flammable or combustible liquids or gases are produced by, or used in, chemical reactions.
  8. LP-gas installations at utility gas plants.
  9. Liquefied natural gas (LNG) installations.
  10. Fuel gas piping in power and atomic energy plants.
  11. Proprietary items of equipment, apparatus or instruments such as gas-generating sets, compressors and calorimeters.
  12. LP-gas equipment for vaporization, gas mixing and gas manufacturing.
  13. Temporary LP-gas piping for buildings under construction or renovation that is not to become part of the permanent piping system.
  14. Installation of LP-gas systems for railroad switch heating.
  15. Installation of hydrogen gas, LP-gas and compressed natural gas (CNG) systems on vehicles.
  16. 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.
  17. Building design and construction, except as specified herein.
  18. Piping systems for mixtures of gas and air within the flammable range with an operating pressure greater than 10 psig (69 kPa gauge).
  19. Portable fuel cell appliances that are neither connected to a fixed piping system nor interconnected to a power grid.

101.2.5.5 Other fuels

STATE AMENDMENT
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.

101.2.6 The Fire Code

STATE AMENDMENT
The provisions of the 2015 IFC shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.
The construction and design provisions of the 2015 IFC shall apply to:
  1. Structures, facilities and conditions arising after the adoption of the 2015 IFC.
  2. Existing structures, facilities and conditions not legally in existence at the time of adoption of the Fire Code.
  3. Existing structures, facilities and conditions where identified in the Fire Code.
Exceptions:
  1. 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:
  1. Conditions and operations arising after the adoption of the Fire Code.
  2. 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:
  1. Non-required devices, equipment and systems are permitted to be removed in entirety;
  2. Non-required devices, equipment and systems are permitted to be disabled, provided that all visible elements are removed;
  3. 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
  4. 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.
If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, a placard of condemnation shall be posted on the premises, and the structure shall be closed up so as not to be an unattractive nuisance.
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.

101.2.6.7.7 Notice

STATE AMENDMENT
Whenever a structure or equipment has been condemned under the provisions of this section, a notice shall be posted in a conspicuous place in or about the structure affected by such notice. If the notice pertains to equipment, it shall also be placed on the condemned equipment.
The fire chief shall notify the code enforcement official of any fire or explosion involving any structural damage, fuel-burning appliance, chimney, flue or gas vent.
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.
  1. Non-required devices, equipment and systems are permitted to be removed in entirety;
  2. Non-required devices, equipment and systems are permitted to be disabled, provided that all visible elements are removed;
  3. 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
  4. 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.

101.2.7.6 Notice

STATE AMENDMENT
Whenever a structure or equipment has been condemned under the provisions of the 2015 IPMC, a notice shall be posted in a conspicuous place in or about the structure affected by such notice. If the notice pertains to equipment, it shall also be placed on the condemned equipment.
No person shall occupy placarded premises or shall operate placarded equipment.
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:
  1. Imminent danger of failure or collapse of a building or structure which endangers life;
  2. A structure in which any part of the structure has fallen and life is endangered by the occupation of the structure; or
  3. 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
  4. Operation of defective or dangerous equipment.
The Authority Having Jurisdiction shall require the posting at each entrance to such structure a notice reading as follows: "This Structure is Unsafe and its Occupancy Has Been Prohibited by the Code Enforcement Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
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:
  1. 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, and one-family dwellings converted to owner occupied bed and breakfast dwellings with five or fewer guest rooms shall comply with the provisions of the 2015 IRC.
  2. 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.
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.

101.3 Purpose

STATE AMENDMENT
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.

102.1 General

STATE AMENDMENT
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:
  1. 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;
  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; and
  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 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.
Nothing is this Section 102.2 shall be construed: (1) as 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) to relieve a person from complying with a stricter standard issued pursuant to the Occupational Safety and Health Act of 1970, as amended; or, (3) as superseding, limiting, impairing or otherwise affecting any provision in Parts 1219 to 1227 of Title 19 of the New York Codes, Rules and Regulations, as now in effect and as hereafter amended from time to time.
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.

All references made to Sections 101 through 117, or subsections of Sections 101 through 117, in the 2015 IRC, 2015 IBC, 2015 IPC, 2015 IMC, 2015 IFGC, 2015 IFC, 2015 IPMC, and 2015 IEBC shall not apply. However, this shall not limit the administration and enforcement duties and powers of the building official allowed by Section 107.1.
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.

102.6 Appendices

STATE AMENDMENT
The following appendices have been adopted and are made part of the Uniform Code:
The Residential Code
  1. Appendix E – Manufactured Housing Used as Dwellings
  2. Appendix H – Patio Covers
  3. Appendix J – Existing Buildings and Structures
The Building Code
  1. Appendix E – Supplemental Accessibility Requirements
  2. Appendix F – Rodent Proofing
  3. Appendix I – Patio Covers
The Plumbing Code
  1. Appendix C – Structural Safety
The Fire Code
  1. Appendix D – Fire Apparatus Access Roads
The Existing Building Code
  1. Appendix A – Guidelines for the Seismic Retrofit of Existing Buildings
  2. Resource A – Guidelines on Fire Ratings of Archaic Materials and Assemblies

102.7 Partial invalidity

STATE AMENDMENT
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.
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.

103.5 Workmanship

STATE AMENDMENT
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.

104.2 Temporary power

STATE AMENDMENT
Temporary power shall comply with the requirements of Chapter 27 of the 2015 IBC.

105.1 Conformance

STATE AMENDMENT
Temporary structures shall conform to Chapter 31 of the 2015 IBC, and Chapter 31 of the 2015 IFC.

106.1 Modular buildings

STATE AMENDMENT
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:
  1. 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.
  2. Buildings of Group S or U occupancy having an area not exceeding 400 square feet and not customarily used for human occupancy.
In this Chapter 1, the governmental unit or agency responsible for administration and enforcement of the Uniform Code with respect to a building or structure is referred to as 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 pursuant to Executive Law § 381(1). In general, the authority having jurisdiction is the local government (as that term is defined in Executive Law § 372(11)) 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, a State agency may be the authority having jurisdiction.

Administration and enforcement of the Uniform Code shall be in accordance with the following, as applicable:
  1. Each city, town, village or county that is responsible for administration and enforcement of the Uniform Code shall provide for such administration and enforcement by local law, ordinance or other appropriate regulation, and 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. Such code enforcement program must include the features described in 19 NYCRR 1203.3 and must satisfy all other requirements of 19 NYCRR Part 1203 (“Uniform Code: Minimum Standards for Administration and Enforcement”).
  2. Each State agency accountable under 19 NYCRR section 1201.2(d) for administration and enforcement of the Uniform Code shall provide for such administration and enforcement in accordance with 19 NYCRR Part 1204.
  3. Each governmental agency accountable under 19 NYCRR section 1201.2 for administration and enforcement of the Uniform Code and not otherwise included in the two preceding paragraphs shall provide for such administration and enforcement in regulation, and shall administer and enforce the Uniform Code in accordance with such regulation. Such regulation must include the features described in 19 NYCRR 1203.3.
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.

107.1.1 Due process

STATE AMENDMENT
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.

107.1.2 Imminent danger

STATE AMENDMENT
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.

107.2 Modification

STATE AMENDMENT
No town, village, city or county, nor any state agency charged with the administration and enforcement of Uniform Code may waive, modify or otherwise alter any provision of this code unless approved by the State Fire Prevention and Building Code Council in accordance with Section 379 of Article 18 of the Executive Law.
Variance or appeal of any provision of Uniform Code shall be in accordance with the provisions of the 19 NYCRR Part 1205, "Variance Procedures."
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