April 25, 2013
Notice of Rule in Development
A rule currently in development would amend the provisions of the State Energy Conservation Construction Code (the “Energy Code”) that apply to commercial buildings.
The Department of State invites public participation in the rule development process.
The Department of State (DOS) is in the process of developing a rule which, if adopted by the State Fire Prevention and Building Code Council, would amend provisions of the Energy Code that apply to commercial buildings.
The Energy Code for commercial buildings, as amended by this rule, will be set forth in the Commercial Provisions of the 2012 edition of the International Energy Conservation Code (the “2012 IECC”), and published by the International Code Council, Inc.
The Commercial Provisions of the 2012 IECC will allow compliance with the 2010 edition of the Energy Standard for Buildings, Except Low-Rise Residential Buildings (“ASHRAE 90.1-2010”), published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, as one of the permitted compliance paths.
Certain provisions in the 2012 IECC and certain provisions in ASHRAE 90.1-2010 will be amended by the 2013 Supplement to the New York State Energy Conservation Construction Code (the “2013 Supplement”), published by DOS.
This rule will incorporate the Commercial Provisions of the 2012 IECC, ASHRAE 90.1-2010, and the 2013 Supplement by reference into 19 NYCRR Part 1240.
The rule is being developed in response to the U.S. Department of Energy (“DOE” ) having issued a determination that ASHRAE 90.1-2010 would achieve greater energy efficiency in buildings subject to the code than the 2007 edition of Standard 90.1 (“ASHRAE 90.1-2007”). Also, DOE has determined that the quantitative analysis of the energy consumption of buildings built to ASHRAE 90.1–2010, as compared with buildings built to ASHRAE 90.1–2007, indicates national source energy savings of approximately 18.2 percent of commercial building energy consumption. Additionally, DOE has determined site energy savings are estimated to be approximately 18.5 percent. Upon publication of this affirmative final determination, States are required to certify that they have reviewed the provisions of their commercial building code regarding energy efficiency, and as necessary, updated their code to meet or exceed ASHRAE 90.1–2010. DOS believes that the Commercial Provisions of the 2012 IECC meet or exceed ASHRAE 90.1-2010.
A draft of the rule is available here : DRAFT Rule Text (PDF)
A draft of the 2013 Supplement is available here: DRAFT Supplement (PDF)
This proposal was developed with the assistance of NYSERDA and the Energy Conservation Construction Code of New York State Technical Subcommittee.
DOS invites all interested parties, particularly those representing small businesses, local governments, and public or private interests in rural areas, to participate in the rule development process. Interested parties are invited to submit comments on the draft rule. If you have suggestions on how the draft rule could be improved, suggested alternatives to the draft rule that DOS could consider, or any other comments on the draft rule, please contact Mark Blanke, PE, Assistant Director for Code Development, by mail at New York State Department of State Division of Administration and Enforcement, 99 Washington Ave., Albany, NY 12231-0001; by telephone at (518)-474-4073; or by e mail at Mark.Blanke@dos.ny.gov
NOTE: The draft rule has not yet been proposed or adopted, and the Energy Code has not yet been amended in the manner described above.
January 11, 2013 from NYS DOS:
Notice of Rule in Development
A rule currently in development would amend Uniform Code by adding provisions that would allow a building (including an agricultural building) to be used on a temporary basis for a use not consistent with the building’s existing occupancy classification, provided that the building satisfies certain safety-related requirements.
The Department of State invites public participation in the rule development process.
The Department of State (DOS) is in the process of developing a rule which, if adopted, would amend the Uniform Code by adding a new “Appendix A” to the Fire Code of New York State. The new Appendix A would allow a building (including an agricultural building) to be used on a temporary basis for a use not consistent with the building’s existing occupancy classification, provided that the building satisfies certain safety-related requirements. Only buildings with certain existing occupancy classifications will be eligible for a Temporary Use Permit, and only certain temporary uses will be allowed The duration of the temporary use will not be allowed to exceed 60 days in a 12 month period. However, the temporary use of a building (or portion of a building) not exceeding 400 square feet for a mercantile use will be allowed to exceed 60 days in a 12 month period if the longer duration is approved by the local code enforcement official. If the proposed temporary use will have an occupant load of 50 or more, a written fire safety plan will be required.
The Uniform Code currently contains no provisions allowing a building to be used on a temporary basis for a use not consistent with the building’s existing occupancy classification. As a result, the owner of a building who wants to use the building for a temporary use is forced to choose between bringing the building into compliance with all Uniform Code requirements applicable to the temporary use, or not conducting the temporary use. DOS believes that there are instances where a building owner elects to conduct the temporary use without bringing the building into compliance with the code requirements applicable to the temporary use and without notice to, or input from, the local code enforcement official. New Appendix A will provide a means to allow a temporary use without bringing the building into compliance with all code requirements applicable to the temporary use, provided that the building satisfies the safety-related requirements specified in Appendix A.
The rule is being developed in response to maple producers who wanted to open their maple syrup facilities to the public to conduct tours, sell products and hold events such as pancake breakfasts as a way to promote their businesses. However, the draft rule would not be limited to maple syrup facilities. The draft rule will allow a wide variety of buildings to be used for a wide variety of temporary uses.
A draft rule is available by clicking here.
This proposal was developed in conjunction with the Department of Agriculture and Markets and the Farm Bureau, and with assistance from the Department of Health, Department of Labor and the Office of Fire Prevention and Control within the Division of Homeland Security.
DOS invites all interested parties, particularly those representing small businesses, local governments, and public or private interests in rural areas, to participate in the rule development process. Interested parties are invited to submit comments on the draft rule. If you have suggestions on how the draft rule could be improved, suggested alternatives to the draft rule that DOS could consider, or any other comments on the draft rule, please contact Raymond Andrews, RA, Assistant Director for Code Development, by mail at New York State Department of State Division of Administration and Enforcement, 99 Washington Ave., Albany, NY 12231-0001; by telephone at (518)-474-4073; or by e mail at firstname.lastname@example.org
NOTE: The draft rule has not yet been proposed or adopted, and the Uniform Code has not yet been amended to include the proposed Appendix A.
October 6, 2011: The Department of State's Division of
Consumer Protection and Division of Code Enforcement and Administration are
collaborating with the Consumer Product Safety Commission to advance Carbon
Monoxide Safety. Please read, post and share these materials to remind your
community to protect themselves from carbon monoxide poisoning!
Code Effective Date: December 28, 2010 (2010
Editions) U P D A T E D Received 5/12/2012
Topic: Procedure for Evaluation of Flood Damaged Buildings or Improvements to an Existing Building
Questions have arisen regarding the procedure for plan review for new buildings and additions in the flood plain, and for the evaluation of improvements to an existing building and flood damaged buildings, to determine if the required proposed work in the building is a substantial improvement. "Substantial improvement" is defined in the Federal Emergency Management Agency (FEMA) regulations for the National Flood Insurance Program (44 CFR 59.1) as being based on 50 percent of market value of the building. If the building is damaged or to be improved, a licensed Real Estate Appraiser shall ascertain the market value of the building before the improvement or repair of the damage. Market value is usually determined by comparison to other like or similar buildings in the immediate area and usually has no relationship to the assessed value for tax purposes. FEMA guidance allows use of assessed value of the structure (not including the land) divided by the full value assessment ratio and shall be provided to the code enforcement official, or other local authority involved, for review for a building permit.
New buildings and substantially improved buildings in flood hazard areas (including A Zone) or coastal high hazard areas (including V Zone) are required to have the lowest floor elevated above the design flood elevation (DFE) plus the appropriate freeboard of two feet for a residential structure, or as determined by ASCE 24-05 for other structures. DFE is the elevation of the "design flood," (including wave height) relative to the datum specified on the community’s legally designated flood hazard map. Additions which are a substantial improvement are required to comply. See Existing Building Code of New York State Section 1003.5, Flood hazard areas and Residential Code of New York State Section J803. See definition of "substantial improvement."
The DFE is used to define areas prone to flooding, and describe, at a minimum, the base flood elevation (BFE) at the depth of peak elevation of flooding (including wave height) which has a 1 percent (100-year flood) or greater chance of being equaled or exceeded in any given year. The BFE is the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). New and replacement manufactured homes (HUD seal) shall be elevated in accordance with the above requirements and shall have appropriate anchors and tie-downs.
An individual who is a registered architect (RA) in accordance with Article 147 of the New York State
Education Law or a licensed professional engineer (PE) or licensed land surveyor in accordance with
Article 145 of the New York State Education Law shall layout the placement for an addition, a new building or document the layout (land survey) for a substantially damaged building or a building to be improved. The land survey for a new building and for a substantially damaged building, the as built, shall be provided to the code enforcement official for review for a building permit. A registered design professional shall certify that the design and methods of construction to be used meet the applicable criteria and submit such to the code enforcement official for review for the building permit. Upon completion of the building the registered design professional shall document the final placement and elevation of a new building and a substantially damaged building.
New buildings required to meet the requirements of Residential Code of New York State Section R324 or Building Code of New York State Section 1612, respectively. For a summary of these requirements see the Technical Bulletin entitled "Flood Venting in Foundations and Enclosures Below Design Flood Elevation." If there is less than substantial damage, there is no requirement under floodplain requirements to comply with flood codes for older structures that were not constructed under the FEMA flood codes. In buildings in need of repairs, where the damaged less than substantial, only the repairs are required to comply with the codes.
For buildings that are substantially improved, or have been substantially damaged, new and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at or above the DFE. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated to or above the DFE unless they conform to the provisions of the electrical part of the codes for location of such items in wet locations. Duct systems shall not be installed below the DFE. New and replacement water supply systems shall be designed to minimize infiltration of flood waters into the systems in accordance with the plumbing provisions of the codes. New and replacement sanitary sewage systems shall be designed to minimize infiltration of flood waters into systems and discharges from systems into flood waters in accordance with the plumbing provisions of the codes. Building materials used below the DFE shall comply with the following:
1. All wood, including floor sheathing, shall be pressure-preservative treated in accordance with AWPA U1 or decay-resistant heartwood or redwood, black locust, or cedars.
2. Materials and installation methods used for flooring and interior and exterior walls shall conform to the provisions of FEMA/FIA-TB-2.
3. All flood vents and air vents are required to comply with FEMA TB-93-1.
As a aide to compliance for registered architects, licensed professional engineers, land surveyors and code enforcement officials, see the following plan review and inspection checklists:
Additionally, for each building subject to flood hazard requirements, that is new, an addition and substantially damaged, an Elevation Certificate is required to be provided by the registered design professional to the code enforcement official, to certify the elevation information, so that the community can maintain a record of the elevations for flood insurance purposes within the community. The Elevation Certificate is a standard form provided by the National Flood Insurance Program.
Inspection of Gas Piping Installations
There have been reports that some local governments responsible for code enforcement have not been conducting or otherwise providing for inspections of gas piping and vent installations, as well as installation of gas-fired appliances. These installations must be approved as part of the permitting and inspection process, as provided for in Part 1203, minimum standards for administration and enforcement of the uniform code. Specifically, section 1203.3(b)(2)(v) requires inspections of building systems, including underground and rough-ins.
While it is a standard practice for code officials to accept electrical inspection certifications, a different situation prevails with regard to gas installations. Unlike electrical installations and associated inspections, there are generally not independent third party inspection agencies, which are not associated with either the installer or the public utility providing supplies or transport of natural gas or LP-gas. Therefore, the required inspections must be performed by the code enforcement official, or an entity that provides the principal part of an administration and enforcement program. Relying on the utility provider for the inspection or the self certification from the installation contractor is an unacceptable practice.
If necessary to fulfill this responsibility, local governments should adjust their provisions for inspections at appropriate intervals. In addition to distribution piping rough-in, there should be provisions for inspection of gas vents and the installation of appliances. Special attention should be paid when corrugated stainless steel tubing is utilized for gas distribution, as described on the Division’s website, at http://www.dos.state.ny.us/code/CSST.htm.
Amendments to Article 11 of the New York State Energy Law were signed into law on December 13, 2010. The amended Article 11 takes effect on January 1, 2011.
A brief discussion of major points of the law change affecting existing buildings follows:
The recent amendment of the State Energy Conservation Construction Code (the “Energy Code”) became effective on December 28, 2010. As of that date, the Energy Code is set forth in the 2010 edition of the Energy Conservation Construction Code of New York State (the “2010 ECCCNYS”).
In addition, Article 11 of the New York State Energy Law has been amended, effective January 1, 2011, by Chapter 560 of the Laws of 2010. This amendment of Article 11 of the Energy Law has several significant impacts on the applicability of the Energy Code to existing buildings.
For further information, please refer to the 2010 ECCCNYS. The 2010 ECCCNYS is available for viewing on-line at: http://publicecodes.citation.com/st/ny/st/b1200v10/index.htm
Corrugated Stainless Steel Tubing (CSST) Requirements
May 15, 2010 : News from NYS Building and Fire Codes Department
Please view the following link for information pertaining to lead based paint removal requirements.
Code Enforcement responsibilities consist of many aspects. The Codes Enforcer does routine drive-bys of the Village to be sure that the Building Codes are being followed correctly. The Codes Enforcer also does inspections of the same. If you are going to build an addition to your home, erect a shed, install a swimming pool, erect a detached garage, demolish an existing building, etc. you must call and file an application for a Building Permit with the Codes Enforcement Officer before doing any construction. If you do not, and the Codes Enforcement Officer finds you doing work, he may place a "Stop Order" and prevent you from continuing any further work until the necessary application is filed and permit issued.
Before any mechanical excavation on your property, you must have advance clearance through DIG SAFELY NEW YORK - 800 962-7962.