CODES

ADOPTS WITH AMENDMENTS:

International Fire Code 2018 (IFC 2018)

Part I — Administrative

Part II — General Safety Provisions

Part III — Building and Equipment Design Features

Part IV — Special Occupancies and Operations

Part V — Hazardous Materials

Part VI — Referenced Standards

Part VII — Appendices

Heads up: There are no suggested sections in this chapter.
Heads up: There are no amended sections in this chapter.
This publication shall be known as the 2020 edition of the Fire Code of New York State hereinafter referred to as "this code." This code is part of the New York State Uniform Fire Prevention and Building Code (the "Uniform Code").
In Chapter 1, the term "New York State code books" shall include the Residential Code of New York State, the Building Code of New York State, 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 (i.e., this publication), 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.

This code establishes regulations affecting or relating to structures, processes, premises and safeguards regarding all of the following:

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

Provisions in the following appendix have been adopted and are part of this code:

Appendix D Fire Apparatus Access Roads

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

Appendix B Fire-Flow Requirements for Buildings
Appendix C Fire Hydrant Locations and Distribution
Appendix E Hazard Categories
Appendix F Hazard Ranking
Appendix G Cryogenic Fluids—Weight and Volume Equivalents
Appendix H Hazardous Materials Management Plan and Hazardous Materials Inventory Statement Instructions
Appendix I Fire Protection Systems—Noncompliant Conditions
Appendix J Building Information Sign
Appendix L Requirements for Fire Fighter Air Replenishment Systems
Appendix N Indoor Trade Shows and Exhibitions
The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations.
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.

The construction and design provisions of this code shall apply to:

  1. Structures, facilities and conditions arising after the adoption of this code.
  2. Existing structures, facilities and conditions not legally in existence at the time of adoption of this code.
  3. Existing structures, facilities and conditions where identified in this code.

Exception: Agricultural buildings, including barns, sheds, poultry houses and other buildings and equipment on the premises that are used directly and solely for agricultural purposes, shall not be subject to the construction-related provisions of this code.

The administrative, operational and maintenance provisions of this code shall apply to:

  1. Conditions and operations arising after the adoption of this code.
  2. Existing conditions and operations.
No change shall be made in the use or occupancy of any building or structure unless such building or structure is made to comply with (1) the applicable requirements of this code, (2) the requirements of the Existing Building Code of New York State, (3) other applicable provisions of the Uniform Code and (4) the applicable provisions of the Energy Code.
The design and construction of new structures shall comply with the Building Code of New York State, and any alterations, additions, changes in use or changes in structures required by this code, which are within the scope of the Building Code of New York State, shall be made in accordance therewith.
Where structures are designed and constructed in accordance with the Residential Code of New York State, the construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access, and water supplies.

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

  • However:
    1. Pursuant to Section 383(1) of the Executive Law, and except as otherwise provided in paragraphs a, b, and c of Section 383(1) of the Executive Law, the provisions of the Uniform Code supersede any other provision of a general, special or local law, ordinance, administrative code, rule or regulation inconsistent or in conflict with the Uniform Code.
    2. Pursuant to Section 379(3) of the Executive Law, no city, town, village, county or other municipality shall have the power to supersede, void, repeal, or make less restrictive any provision of the Uniform Code.
    3. The ability of any city, town, or village, or the County of Nassau, to enact or adopt, and to enforce, a local law or ordinance imposing higher or more restrictive standards for construction within the jurisdiction of such city, town, village, or county that are applicable generally to such city, town, village, or county in the Uniform Code is subject to the provisions and requirements of Section 379 of the Executive Law.

Nothing in Section 102.7 shall be construed as:

  1. Affecting the authority of the State Labor Department to enforce a safety or health standard issued under provisions of Sections 27 and 27-a of the Labor Law;
  2. Relieving a person from complying with a stricter standard issued pursuant to the Occupational Safety and Health Act of 1970, as amended; or
  3. Superseding, limiting, impairing or otherwise affecting any provision the Uniform Code, as now in effect and as hereafter amended from time to time.

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).
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.
The codes and standards referenced in this code shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.9.1 and 102.9.2.
Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.
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.
In the event that any part or provision of this code is held by a court of competent jurisdiction to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the Existing Building Code of New York State, the Property Maintenance Code of New York State, or any other applicable provision of the Uniform Code. For the purposes of this Section, the "effective date of this code" shall be deemed to be 90th day after the date on which the Notice of Adoption of the rule incorporating this code by reference in Part 1225 of the New York Codes, Rules, and Regulations shall have been published in the State Register.

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. 1.1. 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. 1.2. The Code Enforcement Program established by such local law, ordinance, 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. 1.3. 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. 2.1. The Code Enforcement Program shall be as established by Part 1204.
    2. 2.2. 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. 3.1. The Code Enforcement Program shall be as established by Part 1202.
    2. 3.2. The Department of State shall administer and enforce the Uniform Code and Energy Code in accordance with Part 1202.
  4. Where any governmental unit or agency not included in paragraphs 1, 2, and 3 above is the authority having jurisdiction:

    1. 4.1. Such governmental unit or agency shall provide for administration and enforcement of the Uniform Code and Energy Code by regulation.
    2. 4.2. The Code Enforcement Program established by such regulation must include, at a minimum, the features described Part 1203 and must satisfy all other requirements of Part 1203.
    3. 4.3. Such governmental unit or agency shall administer and enforce the Uniform Code and Energy Code in accordance with the Code Enforcement Program established by such regulation.

Every governmental unit or agency thereof charged with administration and enforcement of the Uniform Code shall exercise its powers in due and proper manner so as to extend to the public protection from the hazards of fire and inadequate building construction.

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

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

Nothing in Chapter 1, or elsewhere in this code, or elsewhere in the Uniform Code, or in any regulation promulgated pursuant to Executive Law Section 381(1), shall be construed as authorizing any authority having jurisdiction to administer and enforce the Uniform Code in a manner that deprives any person or entity of due process of law. In particular, but not by way of limitation, nothing in Chapter 1, or elsewhere in this code or 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.
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.
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.
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.
Used materials, equipment, and devices shall not be reused unless they meet the requirements of this code for new materials.
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 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.

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

  1. Satisfactory and complies with the intent of the provisions and requirements of the Uniform Code.
  2. Not less than the equivalent of that prescribed in the Uniform Code in quality, strength, effectiveness, fire resistance, durability, and safety.

Nothing in this section 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 in 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.

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 in accordance with Uniform Code and the manufacturer's installation instructions.
The purpose of Section 105 is to include in the Uniform Code provisions requiring persons and entities who construct, renovate, use and occupy buildings and structures to apply for and obtain building permits, to facilitate construction inspections, to obey stop work orders, to obtain certificates of occupancy, and to obtain operating permits. The provisions in Section 105 are considered to be integral parts of the Uniform Code's standards for construction, maintenance, and fire protection equipment and systems.
For the purpose of Section 105, the term "other applicable law" shall include the authority having jurisdiction's Code Enforcement Program; any local law, ordinance, or regulation establishing the authority having jurisdiction's Code Enforcement Program; and any other applicable statute, regulation, rule, local law, or ordinance.

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.
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 of the Uniform Code, any provision of the Energy Code, or any provision of any other applicable law.

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 106.2;
  2. Any and all other submittal documents required by Section 106;
  3. Any and all other information and documentation that may be required by the stricter of the authority having jurisdiction's Code Enforcement Program or a Part 1203—Compliant Code Enforcement Program; and
  4. Such other information and documentation as the authority having jurisdiction may determine to be necessary to allow the authority having jurisdiction to determine whether the proposed work conforms with the Uniform Code, the Energy Code, and other applicable laws.
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.
The issuance or granting of a building permit shall not be construed to be a permit for, or an approval of, any violation of any provision of the Uniform Code, the Energy Code, or any other applicable law. A building permit purporting to give authority to violate or cancel any provision of the Uniform Code, the Energy Code, or any other applicable law shall not be valid. The issuance of a 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.
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.
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.
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.
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.
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.

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 temporary certificate of occupancy, such temporary certificate of occupancy has not expired.
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.
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 105.2 through 105.6 shall be a violation of the Uniform Code, and any person or entity violating any such provision shall be subject to the penalties prescribed in Executive Law Section 382(2). In addition, to the extent that any act or omission that violates any provision set forth in Sections 105.2 through 105.6 is also a violation of any other applicable law, any person or entity guilty of such act or omission shall also be subject to the penalties prescribed in or otherwise applicable to a violation of such other applicable law.
Submittal documents consisting of construction documents, statements of special inspections, geotechnical reports and other data shall be submitted with each application for a building permit.
Construction documents shall be in accordance with Sections 106.2.1 through 106.2.9.
Construction documents (1) shall define the scope of the proposed work; (2) shall be of sufficient clarity to indicate the location, nature and extent of the proposed work; (3) shall show in detail that the proposed work will conform to the provisions of the Uniform Code, the Energy Code, and other applicable codes, laws, ordinances, and regulations; (4) shall include all information required by any provision of this code (including, but not limited to, the information described in Sections 106.2.2 through 106.2.8) and all information required by any other applicable provision of the Uniform Code and all information required by any other applicable provision of the Energy Code; and (5) shall include any and all additional information and documentation that may be required by the stricter of the Code Enforcement Program of the authority having jurisdiction or a Part 1203—Compliant Code Enforcement Program.
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.
Shop drawings for the fire protection system(s) shall be submitted to indicate compliance to Chapter 9, any other applicable provision of the Uniform Code, and the construction documents. Such shop drawings shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the installation standards referenced in Chapter 9 or in any other applicable provision of the Uniform Code.
The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress, including the path of the exit discharge to the public way in compliance with the provisions of the Uniform Code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

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

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

Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow, or irrigation, and the structural framing is protected by an impervious moisture barrier, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include manufacturer's installation instructions.
The construction documents submitted with the application for a building permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations. The site plan shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan where the application for a building permit is for an alteration or repair or where otherwise warranted.
Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1 of the Building Code of New York State.
If located in a flood hazard area, documentation of the elevation of the lowest floor as required in Section 1612.4 of the Building Code of New York State shall be submitted to the building official prior to the final inspection.
The construction documents shall provide the information specified in Section 1603 of the Building Code of New York State.
Construction documents for relocatable buildings shall comply with Section 3112 of the Building Code of New York State.
Construction documents shall be prepared by a registered design professional where required by Article 145 or Article 147 of the New York State Education Law, by the stricter of the 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.
Where any device, equipment, system, condition, arrangement, level of protection, or any other feature is required for compliance with the provisions of this code, or otherwise installed, such device, equipment, system, condition, arrangement, level of protection, or other feature shall thereafter be continuously maintained in accordance with this code, the Property Maintenance Code of New York State and applicable referenced standards.

Wherever any nonrequired 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 this code and applicable referenced standards or shall be removed in its entirety.

Exceptions:

  1. Nonrequired devices, equipment and systems are permitted to be removed in entirety;
  2. Nonrequired 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. Nonrequired 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.
Equipment requiring periodic testing or operation to ensure maintenance shall be tested or operated as specified in this code.
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 this code. The work or installation shall then be resubmitted to the authority having jurisdiction for inspection and testing.
Portable or fixed fire-extinguishing systems or devices, and fire-warning systems, shall be provided with ready access and shall not be rendered inoperative, except as necessary during emergencies, maintenance, repairs, alterations, drills or prescribed testing.
If the authority having jurisdiction determines, during an inspection or otherwise that a premises, a 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 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 this code 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 this code, 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 not be removed until the defect or defects on which the condemnation and placarding action were based have been eliminated.
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 occupants shall vacate premises when any of the following exists:

  1. Imminent danger of failure or collapse of a building or structure which endangers life;
  2. A structure where the entire structure, or part of the structure, has fallen and life is endangered by the occupation of the structure;
  3. 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.
There shall be posted at each entrance to such structure a notice reading as follows: "This Structure is Unsafe and its Occupancy Has Been Prohibited by the Fire Code 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 demolishing the structure.
Connections from a utility, source of energy, fuel or power to any building or system which is regulated by the Uniform Code shall be made in accordance with the requirements of the Uniform Code; the regulations of the public utility providing such utility, source of energy, fuel or power; and the regulations of any governmental unit or agency having jurisdiction over such utility, source of energy, fuel or power.
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 110.1.
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.
Temporary structures shall conform to Chapter 31 of this code and Chapter 31 of the Building Code of New York State.
The fire chief shall notify the building official of any fire or explosion involving any structural damage, fuel-burning appliance, chimney, flue or gas vent.
Section 113 is made part of the Uniform Code pursuant to Executive Law Section 378 (5-c).
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.

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.

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.

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.

Pursuant to Executive Law Section 378 (5-c)(f), the issuance of a certificate of approval shall not be deemed to give rise to any claim or cause of action for damages against the authority having jurisdiction or any official of the authority having jurisdiction for damages resulting from operation or use of such solid fuel-burning heating appliance, chimney or flue.
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.
Pursuant to Executive Law Section 378(5-c)(h), any violation of Section 113 shall be deemed a violation and shall be punishable by a fine not to exceed two hundred fifty dollars.
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.
Analyzing code differences
UpCodes Premium
Leverage the most sophisticated code compliance platform.
TRY FREE FOR TWO WEEKS VISIT PRICING