This code establishes regulations affecting or relating to structures, processes, premises and safeguards regarding all of the following:
- The hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices.
- Conditions hazardous to life, property or public welfare in the occupancy of structures or premises.
- Fire hazards in the structure or on the premises from occupancy or operation.
- Matters related to the construction, extension, repair, alteration or removal of fire suppression or alarm systems.
- 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 construction and design provisions of this code shall apply to:
- Structures, facilities and conditions arising after the adoption of this code.
- Existing structures, facilities and conditions not legally in existence at the time of adoption of this code.
- 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:
- Conditions and operations arising after the adoption of this code.
- Existing conditions and operations.
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.
- 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.
- 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.
- 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:
- 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;
- Relieving a person from complying with a stricter standard issued pursuant to the Occupational Safety and Health Act of 1970, as amended; or
- 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:
- 19 NYCRR Part 300 (Universal Symbol of Access),
- 19 NYCRR Part 1261 (Recordkeeping — Smoke Detectors in Multiple Dwellings),
- 19 NYCRR Part 1264 (Identification of Buildings Utilizing Truss Type Construction), and
- 19 NYCRR Part 1265 (Residential Structures with Truss Type Construction, Pre-Engineered Wood Construction and/or Timber Construction).
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:
- 1.1. 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;
- 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.
- 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.
- 4.1. Such governmental unit or agency shall provide for administration and enforcement of the Uniform Code and Energy Code by regulation.
- 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.
- 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.
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:
- Satisfactory and complies with the intent of the provisions and requirements of the Uniform Code.
- 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.
No person or entity shall commence, perform, or continue any work that must conform with the Uniform Code and/or Energy Code unless:
- Construction documents that satisfy the requirements of Section 106.2;
- Any and all other submittal documents required by Section 106;
- 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
- 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.
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:
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.
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.
- Nonrequired devices, equipment and systems are permitted to be removed in entirety;
- Nonrequired devices, equipment and systems are permitted to be disabled, provided that all visible elements are removed;
- Electrically charged devices, equipment and systems are permitted to be disabled, provided they are disconnected from power sources and all visible elements are labeled as not being energized; and
- 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.
The occupants shall vacate premises when any of the following exists:
- Imminent danger of failure or collapse of a building or structure which endangers life;
- A structure where the entire structure, or part of the structure, has fallen and life is endangered by the occupation of the structure;
- Actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials; or
- Operation of defective or dangerous equipment.
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.
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.