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.
- 1.1 Detached one-family dwellings;
- 1.2. Detached two-family dwellings in which each dwelling unit has a separate means of egress;
- 1.3. Townhouses;
- 1.4. Bed and breakfast dwellings;
- 1.5. 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
- 1.6. 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 the Residential Code of New York State.
- 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.
- Mechanical systems in existing buildings that are undergoing repairs, alterations, changes in occupancy or construction of additions shall be permitted to comply with the provisions of the Existing Building Code of New York State.
Provisions in the following appendix is included for informational purposes:
|Appendix A||Chimney Connector Pass-Throughs|
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; and
- 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 102.2 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 of 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).
Mechanical systems, both existing and new, and parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe and sanitary condition. Devices or safeguards that are required by this code shall be maintained in compliance with the edition of the code under which they were installed. The owner or the owner's authorized agent shall be responsible for maintenance of mechanical systems. To determine compliance with this provision, the building official shall have the authority to require a mechanical system to be reinspected.
The inspection for maintenance of HVAC systems shall be performed in accordance with ASHRAE/ACCA/ANSI Standard 180.
Additions, alterations, renovations or repairs to a mechanical system shall conform to that required for a new mechanical system without requiring the existing mechanical system to comply with all of the requirements of this code. Additions, alterations or repairs shall not cause an existing mechanical system to become unsafe, hazardous or overloaded.
Minor additions, alterations, renovations and repairs to existing mechanical systems shall meet the provisions for new construction, unless such work is done in the same manner and arrangement as was in the existing system, is not hazardous and is approved.
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 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.
- 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 in 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.
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.
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 Section 104.3 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 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:
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:
- 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.