These provisions shall be known as the Mechanical Code of New York State and shall be cited as such and will be referred to herein as "this code."
This code shall regulate the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. This code shall also regulate those mechanical systems, system components, equipment and appliances specifically addressed herein. The installation of fuel gas distribution piping and equipment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by the Fuel Gas Code of New York State.

Exceptions:


1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with the Residential Code of New York State.
2. Mechanical systems in existing buildings that are undergoing repairs, alterations, changes in occupancy or construction of additions shall be permitted to comply with provisions of the Existing Building Code of New York State.
The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of mechanical systems.
If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall be applicable. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
This code is part of the State Uniform Fire Prevention and Building Code (the Uniform Code) promulgated pursuant to Article 18 of the Executive Law. The provisions of the Uniform Code shall not be deemed to nullify any federal, state or local law, ordinance, administrative code, rule or regulation relating to any matter as to which the Uniform Code does not provide.

However:

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

Nothing in this section 102.2 shall be construed (1) as affecting the authority of the State Labor Department to enforce a safety or health standard issued under provisions of sections 27 and 27-a of the Labor Law; (2) to relieve a person from complying with a stricter standard issued pursuant to the Occupational Safety and Health Act of 1970, as amended; (3) as superseding, limiting, impairing or otherwise affecting any provision in Parts 1219 to 1228 of Title 19 of the New York Codes, Rules and Regulations, as now in effect and as hereafter amended from time to time.
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 standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced standards, the provisions of this code shall apply.
The following appendix has been adopted and is made part of this code:

Appendix C - Structural Safety
In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
Mechanical systems lawfully in existence at the time of the adoption of this code shall be permitted to have their use and maintenance continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health and property is created by such mechanical system, and except as specifically covered in this code, the Property Maintenance Code of New York State, the Fire Code of New York State or the Existing Building Code of New York State.
Materials, equipment and devices approved by the code enforcement official for use shall be constructed and installed in accordance with such approval. Materials, equipment and devices tested by an approved testing laboratory shall be permitted to be constructed and installed in accordance with such approval.
Material, equipment and devices shall not be reused unless they meet the requirements of this code for new materials.
This code is not intended to prevent the use of any material not specifically prescribed by this code or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative material, design or method of construction has been approved by the code enforcement official or the State Fire Prevention and Building Code Council. An alternative material, design or method of construction may be approved only when the code enforcement official or the State Fire Prevention and Building Code Council shall have determined, in writing, that such alternative material, design or method of construction (1) complies with the intent of the provisions of this code and (2) is at least equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Nothing in this section 103.3 shall be construed as permitting any code enforcement official, or any town, village, city, county, or state agency charged with the administration and enforcement of the Uniform Code, to waive, vary, modify or otherwise alter any provision or requirement of 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 by the Secretary of State pursuant to section 381(1)(f) of the Executive Law.
All construction work covered in this code, including any demolition, shall comply with the requirements of the Fire Code of New York State and Chapter 33 of the Building Code of New York State.
Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with this code and the manufacturer’s installation instructions.
Connections from a utility, source of energy, fuel or power to any building or system which is regulated by this code shall be made in accordance with the regulations of the public utility or other authority having jurisdiction.
Temporary power shall comply with the requirements of Chapter 27 of the >Building Code of New York State.
Administration and enforcement of the New York State Uniform Fire Prevention and Building Code shall be in accordance with local law, subject to the minimum requirements set forth in the "Official Compilation of Codes Rules and Regulations of the State of New York," 19 NYCRR Part 1203, "Minimum Standards for Administration and Enforcement." State agencies shall comply with the minimum requirements set forth in 19 NYCRR Part 1204, "Administration and Enforcement by State Agencies."
No town, village, city or county, nor any state agency charged with the administration and enforcement of this code may waive, modify or otherwise alter any provision of this code unless approved by the State Fire Prevention and Building Code Council in accordance with Section 379 of Article 18 of the Executive Law.
Variance or appeal of any provision of this code shall be in accordance with the provisions of the "Official Compilation of Codes Rules and Regulations of the State of New York," 19 NYCRR Part 1205, "Variance Procedures."
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