ADOPTS WITH AMENDMENTS:

International Residential Code 2018 (IRC 2018)

Part I — Administrative

Part II — Definitions

Part III — Building Planning and Construction

Part IV — Energy Conservation

Part V — Mechanical

Part VI — Fuel Gas

Part VII — Plumbing

Part VIII — Electrical

Part IX — Referenced Standards

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

[NY] Chapter 1 Scope and Administation

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

[NY] Section R101 Title, Scope and Purpose

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

[NY] R101.1 Title

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

[NY] R101.1.1 Amendments of New York State Code Books

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

[NY] R101.2 Scope

AMENDMENT
This section has been amended at the state or city level.
The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of the following buildings and structures, provided that such building or structure is not more than three stories above grade plane in height, and their accessory structures not more than three stories above grade plane in height:
  1. Detached one-family dwellings;
  2. Detached two-family dwellings in which each dwelling unit has a separate means of egress;
  3. Townhouses;
  4. Bed and breakfast dwellings;
  5. Live/work units that (1) are located in townhouses, and (2) comply with the requirements of Section 419 of the Building Code of New York State; and
  6. Owner-occupied lodging houses that (1) have five or fewer guestrooms and (2) are provided with a residential fire sprinkler system complying with Section P2904 of this code.
Exception: Application of the provisions of the Building Code of New York State to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of the buildings and structures listed in Section R101.2 is permitted, provided that all applicable provisions of the Building Code of New York State are applied.

[NY] R101.4 Facilities Regulated by New York State Departments or Agencies

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

[NY] R101.5 Change in Use or Occupancy

AMENDMENT
This section has been amended at the state or city level.
No change shall be made in the use or occupancy of any building or structure unless such building or structure is made to comply with the requirements of Appendix J of this code.

[NY] R101.6 Factory Manufactured Buildings (Modular Buildings)

AMENDMENT
This section has been amended at the state or city level.
Factory manufactured buildings shall be constructed and installed in accordance with the requirements of the Uniform Code and shall bear an Insignia of Approval issued in accordance with the 19 NYCRR Part 1209 (entitled "Regulations and Fees for Factory Manufactured Homes"), as currently in effect and as hereafter amended from time to time.

[NY] R101.7 Manufactured Homes

AMENDMENT
This section has been amended at the state or city level.
Manufactured homes shall be constructed in accordance with the requirements of the applicable US Department of Housing and Urban Development Manufactured Home Construction and Safety Standards (24 CFR Part 3280); and assembled and installed in accordance with the requirements of this code and in accordance with the 19 NYCRR Part 1210 (entitled "Manufactured Homes"), as currently in effect and as hereafter amended from time to time.

[NY] R101.8 Intent

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

[NY] Section R102 Applicability

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

[NY] R102.1 General

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

[NY] R102.2 Other Laws and Regulations

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

However:
  1. Pursuant to Section 383(1) of the Executive Law, and except as otherwise provided in paragraphs a, b, and c of Section 383(1) of the Executive Law, the provisions of the Uniform Code supersede any other provision of a general, special or local law, ordinance, administrative code, rule or regulation inconsistent or in conflict with the Uniform Code;
  2. Pursuant to Section 379(3) of the Executive Law, no city, town, village, county or other municipality shall have the power to supersede, void, repeal, or make less restrictive any provision of the Uniform Code; 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 that are applicable generally to such city, town, village, or county in the Uniform Code is subject to the provisions and requirements of Section 379 of the Executive Law.
    Nothing in this Section R102.2 shall be construed as any of the following:
  1. Affecting the authority of the State Labor Department to enforce a safety or health standard issued under provisions of Sections 27 and 27-a of the Labor Law;
  2. Relieving a person from complying with a stricter standard issued pursuant to the Occupational Safety and Health Act of 1970, as amended; and
  3. Superseding, limiting, impairing or otherwise affecting any provision the Uniform Code, as now in effect and as hereafter amended from time to time.

[NY] R102.2.1 Other New York Codes, Rules and Regulations (NYCRR)

AMENDMENT
This section has been amended at the state or city level.
Additional New York Codes, Rules and Regulations exist that may affect new and existing buildings, structures, systems and equipment. Such regulations include, but are not limited to:
  1. 19 NYCRR Part 300 (Universal Symbol of Access),
  2. 19 NYCRR Part 1261 (Recordkeeping—Smoke Detectors in Multiple Dwellings),
  3. 19 NYCRR Part 1264 (Identification of Buildings Utilizing Truss Type Construction), and
  4. 19 NYCRR Part 1265 (Residential Structures with Truss Type Construction, Pre-Engineered Wood Construction and/or Timber Construction).

[NY] R102.3 Application of References

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

[NY] R102.4 Referenced Codes and Standards

AMENDMENT
This section has been amended at the state or city level.
The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections R102.4.1 and R102.4.2.
Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply.

[NY] R102.4.1 Conflicts

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

[NY] R102.4.2 Provisions in Referenced Codes and Standards

AMENDMENT
This section has been amended at the state or city level.
Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.

[NY] R102.5 Appendices

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

Appendix E Manufactured Housing Used as Dwellings
Appendix H Patio Covers
Appendix J Existing Buildings and Structures
Appendix Q Tiny Houses

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

Appendix A Sizing and Capacities of Gas Piping
Appendix B Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances and Appliances Listed for Use with Type B Vents
Appendix C Exit Terminals of Mechanical Draft and Direct-vent Venting Systems
Appendix D Recommended Procedure for Safety Inspection of an Existing Appliance Installation
Appendix F Radon Control Methods
Appendix G Piping Standards for Various Applications
Appendix K Sound Transmission
Appendix N Venting Methods
Appendix O Automatic Vehicular Gates
Appendix P Sizing of Water Piping Systems
Appendix R Light Straw-Clay Construction
Appendix S Strawbale Construction
Appendix T Solar-Ready Provisions—Detached One- and Two-family Dwellings and Townhouses

[NY] R102.6 Partial Invalidity

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

[NY] R102.7 Existing Structures

AMENDMENT
This section has been amended at the state or city level.
The legal occupancy of any structure existing on the effective date of this code shall be permitted to continue without change, except as required by any provision of this code or by any other provision of the Uniform Code. For the purposes of this section, the "effective date of this code" shall be deemed to be the 90th day after the date on which the Notice of Adoption of the rule incorporating this code by reference in Part 1220 of the New York Codes, Rules, and Regulations shall have been published in the State Register.

[NY] R102.7.1 Additions, Alterations or Repairs

AMENDMENT
This section has been amended at the state or city level.
Additions, alterations or repairs to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with the requirements of this code, unless otherwise stated. Additions, alterations, repairs and relocations shall not cause an existing structure to become unsafe or adversely affect the performance of the building.

[NY] Section R103 Administration and Enforcement

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

[NY] R103.1 Administration and Enforcement

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

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

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

     In addition, persons and entities who construct, renovate, use and occupy buildings and structures shall comply with all applicable provisions of Section R105 of this code.

[NY] R103.2 Due Process

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

[NY] R103.2.1 Imminent Danger

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

[NY] R103.3 Application for Variance or Appeal

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

[NY] Section R104 Materials, Equipment and Methods of Construction

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

[NY] R104.1 Approved Materials and Equipment

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

[NY] R104.1.1 Used Materials and Equipment

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

[NY] R104.2 Waivers, Variances, and Modifications

AMENDMENT
This section has been amended at the state or city level.
Nothing in this code shall be construed as permitting any building official or any authority having jurisdiction to waive, vary, modify, or otherwise alter any provision or requirement of this code or any other provision or requirement of the Uniform Code. Provisions or requirements of the Uniform Code may be varied or modified only in accordance with procedures established by 19 NYCRR Part 1205 or by such other regulations as may hereafter be promulgated by the Secretary of State pursuant to Section 381(1)(f) of the Executive Law.

[NY] R104.3 Alternative Materials, Equipment, Appliances, Designs, and Methods of Construction

AMENDMENT
This section has been amended at the state or city level.
The provisions of this code are not intended to prevent the installation of any materials, equipment, or appliances not specifically prescribed by this code, or to prohibit any designs or methods of construction not specifically prescribed by this code, provided that such alternative materials, equipment, appliances, designs, or methods of construction (1) are not specifically prohibited by any provision of this code, by any other provision of the Uniform Code, or by the Energy Code and (2) shall have been approved, in writing, by the building official. Alternative materials, equipment, appliances, designs, or methods of construction may be approved only when the building official shall have determined, in writing, that such alternative is:
  1. Satisfactory and complies with the intent of the provisions and requirements of the Uniform Code; and
  2. Not less than the equivalent of that prescribed in the Uniform Code in quality, strength, effectiveness, fire resistance, durability, and safety.
     Nothing in Section R104.3 shall be construed as permitting any building official or any authority having jurisdiction to waive, vary, modify or otherwise alter any provision or requirement of this code or any other provision or requirement of the Uniform Code. Provisions or requirements of the Uniform Code may be varied or modified only pursuant to procedures established 19 NYCRR Part 1205 or by such other regulations as may hereafter be promulgated by the Secretary of State pursuant to Section 381(1)(f) of the Executive Law.

[NY] R104.4 Workmanship

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

[NY] R105.1 Purpose

AMENDMENT
This section has been amended at the state or city level.
The purpose of Section R105 is to include in the Uniform Code provisions requiring persons and entities who construct, renovate, use and occupy buildings and structures to apply for and obtain building permits, to facilitate construction inspections, to obey stop work orders, to obtain certificates of occupancy, and to obtain operating permits. The provisions in Section R105 are considered to be integral parts of the Uniform Code's standards for construction, maintenance, and fire protection equipment and systems.

[NY] R105.1.1 Definition

AMENDMENT
This section has been amended at the state or city level.
For the purpose of Section R105, the term "other applicable law" shall include the authority having jurisdiction's Code Enforcement Program; any local law, ordinance, or regulation establishing the authority having jurisdiction's Code Enforcement Program; and any other applicable statute, regulation, rule, local law, or ordinance.

[NY] R105.2 Building Permits

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

[NY] R105.2.1 Work Exempt From Building Permit Requirement

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

[NY] R105.2.2 Applications for Building Permits

AMENDMENT
This section has been amended at the state or city level.
A person or entity applying for a building permit shall submit an application to the authority having jurisdiction. An application for a building permit shall include:
  1. Construction documents that satisfy the requirements of Section R106.2.
  2. Any and all other submittal documents required by Section R106.
  3. Any and all information and documentation that may be required by the stricter of the authority having jurisdiction's Code Enforcement Program or a Part 1203—Compliant Code Enforcement Program.
  4. Such other information and documentation as the authority having jurisdiction may determine to be necessary to allow the authority having jurisdiction to determine whether the proposed work conforms with the Uniform Code, the Energy Code, and other relevant codes, laws, ordinances, and regulations.
For applications for a building permit for the reconstruction, rehabilitation, addition, alteration, repair or other improvement of existing buildings or structures located in a flood hazard area as established by Table R301.2(1), the building official shall examine or cause to be examined the construction documents and the construction estimate of the value of the proposed work provided by the applicant. For buildings or structures that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its predamaged condition. If the building official finds that the value of proposed work equals or exceeds 50 percent of the market value of the building or structure before the damage has occurred or the improvement is started, the proposed work is a substantial improvement or repair of substantial damage and the building official shall require existing portions of the entire building or structure to meet the requirements of Section R322.

     For the purpose of this determination, a substantial improvement shall mean any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. Where the building or structure has sustained substantial damage, repairs necessary to restore the building or structure to its predamaged condition shall be considered substantial improvements regardless of the actual repair work performed. The term substantial improvement shall not include either of the following:
  1. Improvements to a building or structure that are required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to ensure safe living conditions.
  2. Any alteration of a historic building or structure, provided that the alteration will not preclude the continued designation as a historic building or structure.

[NY] R105.2.3 Approval of Construction Documents

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

[NY] R105.2.4 Validity of Building Permit

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

[NY] R105.2.5 Suspension or Revocation of Building Permit

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

[NY] R105.2.6 Placement of Building Permit and Approved Construction Documents

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

[NY] R105.3 Construction Inspections

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

[NY] R105.3.1 Inspection Requests

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

[NY] R105.4 Stop Work Orders

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

[NY] R105.5 Certificates of Occupancy

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

[NY] R105.5.1 Authorized Uses and Occupancies

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

[NY] R105.5.2 Change in Use or Occupancy

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

[NY] R105.6 Violations

AMENDMENT
This section has been amended at the state or city level.
Any violation of any provision set forth in Sections R105.2 through R105.5 shall be a violation of the Uniform Code, and any person or entity violating any such provision shall be subject to the penalties prescribed in Executive Law Section 382(2). In addition, to the extent that any act or omission that violates any provision set forth in Sections R105.2 through R105.5 is also a violation of any other applicable law, any person or entity guilty of such act or omission shall also be subject to the penalties prescribed in or otherwise applicable to a violation of such other applicable law.

[NY] Section R106 Submittal Documents

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

[NY] R106.1 General

AMENDMENT
This section has been amended at the state or city level.
Submittal documents consisting of construction documents, and other data shall be submitted with each application for a building permit.

[NY] R106.1.1 Information on Construction Documents

AMENDMENT
This section has been amended at the state or city level.
Construction documents shall define the scope of the proposed work; shall be of sufficient clarity to indicate the location, nature and extent of the proposed work; shall show in detail that the proposed work will conform to the provisions of the Uniform Code, the Energy Code, and other applicable codes, laws, ordinances, and regulations; and shall include any and all additional information and documentation that may be required by the stricter of the Code Enforcement Program of the authority having jurisdiction or a Part 1203—Compliant Code Enforcement Program.

[NY] R106.1.2 Manufacturer's Installation Instructions

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

[NY] R106.1.3 Information on Braced Wall Design

AMENDMENT
This section has been amended at the state or city level.
For buildings and structures utilizing braced wall design, braced wall lines shall be identified on the construction documents. Pertinent information including, but not limited to, bracing methods, location and length of braced wall panels and foundation requirements of braced wall panels at top and bottom shall be provided.

[NY] R106.1.4 Information for Construction in Flood Hazard Areas

AMENDMENT
This section has been amended at the state or city level.
For buildings and structures located in whole or in part in flood hazard areas as established by Table R301.2(1), construction documents shall include:
  1. Delineation of flood hazard areas, floodway boundaries and flood zones and the design flood elevation, as appropriate.
  2. The elevation of the proposed lowest floor, including basement; in areas of shallow flooding (AO Zones), the height of the proposed lowest floor, including basement, above the highest adjacent grade.
  3. The elevation of the bottom of the lowest horizontal structural member in coastal high-hazard areas (V Zone) and in Coastal A Zones where such zones are delineated on flood hazard maps identified in Table R301.2(1) or otherwise delineated by the jurisdiction.
  4. If design flood elevations are not included on the community's Flood Insurance Rate Map (FIRM), the building official and the applicant shall obtain and reasonably utilize any design flood elevation and floodway data available from other sources.

[NY] R106.2 Site Plan

AMENDMENT
This section has been amended at the state or city level.
The construction documents submitted with the application for a building permit shall be accompanied by a site plan showing the size and location of new construction and existing structures on the site and distances from lot lines. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan where the application for building permit is for alteration or repair or where otherwise warranted.

[NY] R106.3 Design Professional

AMENDMENT
This section has been amended at the state or city level.
Construction documents shall be prepared by a registered design professional when required by Article 145 or Article 147 of the New York State Education Law, by the stricter of Code Enforcement Program of the authority having jurisdiction or a Part 1203—Compliant Code Enforcement Program, or by any other applicable statute, regulation, or local law or ordinance.

[NY] Section R107 Service Utilities

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

[NY] R107.1 Connection of Service Utilities

AMENDMENT
This section has been amended at the state or city level.
Connections from a utility, source of energy, fuel or power to any building or system which is regulated by this code shall be made in accordance with the requirements of the Uniform Code; the regulations of the public utility providing such utility, source of energy, fuel or power; and the regulations of any governmental unit or agency having jurisdiction over such utility, source of energy, fuel or power.

[NY] R107.1.1 Temporary Connection

AMENDMENT
This section has been amended at the state or city level.
Where approved by the building official, temporary connections from a utility, source of energy, fuel or power to a building or system may be made. Temporary connections shall be made in accordance with Section R107.1.

[NY] R107.2 Notice of Disconnection of Service Utilities

AMENDMENT
This section has been amended at the state or city level.
The owner or the owner's authorized agent shall notify the building official of the disconnection of any utility service to the building, structure, or system regulated by the Uniform Code.

[NY] Section R108 Inspection of Solid Fuel-Burning Heating Appliances, Chimneys and Flues

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

[NY] R108.1 General

AMENDMENT
This section has been amended at the state or city level.
Section R108 is made part of this code pursuant to Executive Law Section 378 (5-c).

[NY] R108.2 Permit

AMENDMENT
This section has been amended at the state or city level.
Prior to the installation of any solid fuel-burning heating appliance, chimney or flue in any dwelling used as a residence, the owner thereof, or his agent, shall first secure a permit from the authority having jurisdiction.

[NY] R108.3 Installation and Inspection

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

[NY] R108.4 Certificate of Approval

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

[NY] R108.4.1 Accidental Fire

AMENDMENT
This section has been amended at the state or city level.
In the event of an accidental fire in a solid fuel-burning heating appliance, chimney or flue requiring the services of a fire department, the chief of the responding fire department may issue a temporary thirty-day certificate indicating substantial conformity with the Uniform Code.

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

[NY] R108.4.2 Liability

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

[NY] R108.5 Fee

AMENDMENT
This section has been amended at the state or city level.
The authority having jurisdiction may establish and collect a reasonable fee for such inspection from the owner of such property or such owner's agent.

[NY] R108.6 Violations

AMENDMENT
This section has been amended at the state or city level.
Pursuant to Executive Law Section 378(5-c)(h), any violation of Section R108 shall be deemed a violation and shall be punishable by a fine not to exceed two hundred fifty dollars.

[NY] R108.7 Emergency Repair

AMENDMENT
This section has been amended at the state or city level.
Where equipment replacements and repairs must be performed in an emergency situation and where a delay occasioned by the requirement of securing a permit could reasonably be expected to cause irreparable damage to the property or serious personal injury to the occupants or other person, the owner or his agent may commence such installation without first obtaining such permit provided application therefore is filed within three business days after such work is commenced.
UpCodes Premium
Leverage the most sophisticated code compliance platform.
TRY FREE FOR TWO WEEKS VISIT PRICING