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These provisions shall be known as the Residential Code of New York State and shall be cited as such and will be referred to herein as "this code."
The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above-grade in height with a separate means of egress and their accessory structures and one-family dwellings converted to bed and breakfast dwellings.
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 this code.
This code is intended to provide minimum requirements to safeguard 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.
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:
- 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;
- 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 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 is 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 appendices have been adopted and are made part of this code:
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.
Additions, alterations or repairs to any structure shall conform to the requirements of Appendix J without requiring the existing structure to comply with all of the requirements of this code, unless otherwise stated. Additions, alterations or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building.
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.
Such homes shall be constructed and installed in accordance with the requirements of this code and shall bear an Insignia of Approval issued in accordance with the "Official Compilation of Codes Rules and Regulations of the State of New York," 19 NYCRR Part 1209, Regulations and Fees for Factory Manufactured Homes.
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."