NY Exec L § 378 (2021)
2021 New York Laws EXC - Executive Article 18 - New York State Uniform Fire Prevention and Building Code Act 378 - Standards for New York State Uniform Fire Prevention and Building Code.

§  378.  Standards  for  New  York  state  uniform fire prevention and building code. The uniform code shall address the following subjects:   1. Standards for the construction  of  all  buildings  or  classes  of buildings, or the installation of equipment therein, including standards for  materials  to  be  used  in connection therewith, and standards for safety and sanitary  conditions.  Notwithstanding  the  above,  sleeping quarters in a children's overnight camp as defined in subdivision one of section  thirteen  hundred  ninety-two of the public health law shall be governed by subdivision one of section thirteen hundred  ninety-four  of such law.   2.  Standards for the condition, occupancy, maintenance, conservation, rehabilitation and renewal of certain existing buildings, structures and premises and for the safeguarding  of  life  and  property  therein  and thereabout from the hazards of fire, explosion or release of toxic gases arising  from  the  storage, handling or use of combustible or hazardous substances, materials or devices.   3. Standards for passenger elevators to promote uniformity and ease of use for the handicapped including, but not limited to:   a. placement and identification of operating controls,   b. door jamb markings,   c. operation and leveling features,   d. operation, width, and safety features for doors,   e. hall buttons, and   f. hall lanterns.   4. Standards for areas of public assembly requiring:   a. approved fire protection equipment and systems shall be installed;   b. interior finishes shall  be  of  appropriate  grade  to  materially retard the spread of smoke and flame, taking into consideration the fire protection  equipment  and  systems in place, and shall be maintained in that condition;   c. no combustible  material  shall  be  placed  in  such  amounts  and locations  as would cause existing fire protection equipment and systems to be substantially overburdened, nor shall any material  be  placed  in such manner as would cause safe exit to be significantly impeded; and   d.   incorporation   of   the   retroactivity  provisions  of  article eighteen-AA of this chapter.   e. for buildings included in group C5  of  paragraph  (f)  of  section 900.2  of  title  nine  of  the official compilation of codes, rules and regulations of the state of New York, that  water  closets  and  urinals provided  for  occupants,  based upon capacity, shall be deemed sanitary fixtures and shall be distributed on a basis such  that  the  number  of such  sanitary  fixtures  provided  in  rest facilities for men shall be equal to the  number  of  water  closets  provided  in  rest  facilities provided  for  women  in  buildings with an occupancy of four hundred or less. For buildings consisting of more than four hundred  occupants,  an additional  water  closet shall be added to a rest facility provided for women for each sanitary fixture  added  to  a  similarly  situated  rest facility provided for men.   The  standards  shall include provisions for the type, number, spacing and  location  of   fire   protection   equipment   and   systems,   the classification   and   maintenance   of   interior   finishes,  and  the accumulation of materials.   5. Standards for hotels, motels and lodging houses, requiring  that  a notice  be posted in a prominent place in each guest room, including but not limited to the following information:   a. location of nearest exits and fire alarms;   b. procedures to be followed when the fire  or  smoke  detector  gives warning; and    c.   procedures  to  be  followed  in  the  event  of  fire  or  smoke development.   5-a. Standards for installation of carbon monoxide detectors requiring that  every  one  or  two-family dwelling, or any dwelling accommodation located in a building owned as a condominium or cooperative in the state or any multiple  dwellings  shall  have  installed  an  operable  carbon monoxide detector of such manufacture, design and installation standards as are established by the council. Carbon monoxide detectors required by this  section  are required only where the dwelling unit has appliances, devices or systems that may emit carbon  monoxide  or  has  an  attached garage.  For  purposes  of  this  subdivision, multiple dwelling means a dwelling which is either  rented,  leased,  let  or  hired  out,  to  be occupied, or is occupied as the temporary or permanent residence or home of  three or more families living independently of each other, including but not limited to the following: a  tenement,  flat  house,  maisonette apartment,  apartment  house,  apartment  hotel, tourist house, bachelor apartment, studio apartment, duplex  apartment,  kitchenette  apartment, hotel,  lodging  house,  rooming  house,  boarding  house,  boarding and nursery school, furnished room house, club, sorority  house,  fraternity house,  college  and  school dormitory, convalescent, old age or nursing homes or residences. It shall also  include  a  dwelling,  two  or  more stories  in  height,  and with five or more boarders, roomers or lodgers residing with any one family. New construction shall mean a new facility or a separate building added to an existing facility.   5-b. Standards for installation  of  single  station  smoke  detecting alarm devices requiring that:   a.  every  one  or  two-family  dwelling or any dwelling accommodation located in a building owned as a condominium or cooperative in the state used as a residence shall have  installed  an  operable  single  station smoke detecting alarm device or devices,   b.  such device or devices shall be installed in an area so that it is clearly audible  in  each  bedroom  or  other  room  used  for  sleeping purposes,  with intervening doors closed, in accordance with rules to be promulgated by the council,   c. such device or devices shall be  in  compliance  with  the  uniform code,  provided, however, that for purposes of this subdivision, battery operated devices shall be permitted,   d. upon conveyance of any real property containing a one or two-family dwelling or a condominium unit used as a residence and the transferor of the shares allocated to an apartment located in a building  owned  by  a cooperative  housing  corporation  where  such  apartment  is  used as a residence, the grantor shall deliver to  the  grantee  at  the  time  of conveyance  an  affidavit  indicating  that the grantor is in compliance with this subdivision. The grantee shall have ten days from the date  of conveyance within which to notify the grantor if the alarm or alarms are not  operable.  Upon notification, the transferor shall bear any cost of compliance with the provisions of this subdivision,   e. notwithstanding any other provision of law,  a  failure  to  comply with  the  provisions  of  this subdivision shall not be a breach of any warranty in a conveyance of real property, nor shall it be a defense  to any claim made under a policy of insurance issued to insure the property against fire or other casualty loss.   5-c.   Standards   for  inspections  of  solid  fuel  burning  heating appliances, chimneys and flues requiring:   a. prior to  the  installation  of  any  solid  fuel  burning  heating appliance,  chimney  or  flue  in  any dwelling used as a residence, the owner thereof, or his agent, shall first secure a building  permit  from the appropriate local government official;    b.  an appropriate and qualified inspector, as determined by the local government, 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, provided, however, that the local government official may waive such inspection for good cause shown;   c.  upon  approval  of  such  installation,  the   appropriate   local government official shall issue a certificate evidencing compliance with the appropriate provisions of the uniform code;   d.  no  owner  of  any  dwelling used as a residence shall operate, or cause to be operated, any solid fuel  burning  heating  appliance  until such  installation,  including chimney and flue, has been approved and a certificate indicating such approval obtained from the appropriate local government official;   e. in the event of an accidental fire, requiring  the  services  of  a fire  department,  in a solid fuel burning heating appliance, chimney or flue, the chief of  the  fire  department  so  responding  may  issue  a temporary  thirty day certificate indicating substantial conformity with the  uniform  code,  until  such  time  as  an  official  inspector,  as determined  by  local  law,  or in the case of a locality that relies on state inspection, a state inspector, shall cause  an  inspection  to  be made  and a certificate to be issued indicating conformity of such solid fuel burning heating appliance, chimney or flue with the uniform code;   f. the issuance of such certificate of compliance shall not be  deemed to  give  rise  to  any claim or cause of action for damages against the local government or local official for damages resulting from  operation or use of such solid fuel burning heating appliance, chimney or flue;   g.  the  local  government  in  which  such  property  is  located may establish and collect a reasonable fee  for  such  inspection  from  the owner of such property or his agent;   h.  any  violation of this subdivision shall be deemed a violation and be punishable by a fine not to exceed two hundred fifty dollars;   i. notwithstanding the foregoing provisions of  this  subdivision,  in the  event  of an emergency, where a delay occasioned by the requirement of securing a building permit could  reasonably  be  expected  to  cause irrepairable  damage  to  the property or serious personal injury to the occupants or other person, the owner or  his  agent  may  commence  such installation  without  first  obtaining  such  building  permit provided application therefore is filed within three  business  days  after  such work is commenced.   5-d.  Standards  for installation of carbon monoxide detecting devices requiring that the owner of every building that  contains  one  or  more restaurants  and  the  owner  of  every commercial building in the state shall have installed in such building and shall maintain operable carbon monoxide detecting device or devices of  such  manufacture,  design  and installation  standards  as  are  established  by  the  council.  Carbon monoxide detecting devices shall only be required if the  restaurant  or commercial  building  has  appliances,  devices or systems that may emit carbon monoxide or has an attached garage.   6. Standards for the use of lead in water supply  systems  constructed or   portions   added  on  or  after  January  first,  nineteen  hundred eighty-six, including limiting the amount of lead in solder which may be utilized in piping to convey potable water to not more  than  two-tenths of one percent.   7.  Standards for the construction of water supply systems which shall prohibit the use of asbestos cement pipe to convey potable water for any new or modified construction on or after January first, nineteen hundred ninety-two.    8. Standards for hotels,  motels  and  lodging  houses  requiring  (in addition  to  any  other  requirement)  portable  smoke-detecting  alarm devices for the deaf and hard of hearing of audible and  visual  design, available for three percent of all units available for occupancy, with a minimum  of one unit. If any other law or regulation requires a central, closed circuit interior alarm system, such device shall be  incorporated into  or  connected to the system so as to be capable of being activated by the system. Incorporation into the existing system shall be  in  lieu of  the  portable  alarms. Standards shall require operators of any such establishment to post conspicuously at the main desk  or  other  similar station a notice in letters at least three inches in height stating that smoke-detector  alarm  devices  for  the  deaf  and  hard of hearing are available. The council shall mandate by rule and regulation the specific design of the smoke-detector alarm devices.   9. Standards for buildings (designated as "Group  B3-senior  citizens" in  regulations  promulgated pursuant to the New York state uniform fire prevention and building code  act)  housing  senior  citizens,  intended primarily  for  persons  sixty-two  years  old  or more, who are in good physical condition and do not  require  physical  assistance,  requiring that  a  notice be posted in a prominent place in each residential unit, including but not limited to the following information:   a. location of nearest exits and fire alarms;   b. procedures to be followed when the fire  or  smoke  detector  gives warning; and   c.   procedures  to  be  followed  in  the  event  of  fire  or  smoke development.   10. Standards for assistive listening  systems  for  new  construction commenced after January first, nineteen hundred ninety-one requiring the installation  of  assistive  listening  systems  at all places of public assembly so designated by the appropriate building and fire code for use by persons who are deaf or hard of hearing who require  use  of  such  a system to improve their reception of sound.   a. For purposes of this subdivision, the term (i) "assistive listening system" shall mean situational-personal acoustic communication equipment designed  to  improve  the transmission and auditory reception of sound; and  (ii) "place of public assembly" shall mean a facility which is open to the public as a  theater,  meeting  hall,  hearing  room,  amphitheater, auditorium, or in any other similar capacity.   b.  Standards  for  such  systems shall be developed by the state fire prevention and building code council upon receiving recommendations from the advisory board on assistive listening systems in  places  of  public assembly.   c.  The  appropriate  building  code or ordinance shall designate such places of public assembly  which  shall  be  required  to  install  such assistive listening systems.   11.  Standards  for  buildings  shall  authorize  the  installation of potable water heaters for all domestic uses, including space heating.   * 12.  a.  Standards  for  bed  and  breakfast  dwellings   shall   be promulgated for fire safety. Notwithstanding any other provision of this article,  for  the  purposes  of  this  subdivision a "bed and breakfast dwelling" shall include an owner-occupied residence providing  at  least three  but not more than five rooms for temporary transient lodgers with sleeping accommodations and a meal in the  forenoon  of  the  day.  Such standards shall distinguish bed and breakfast dwellings from one and two family dwellings, provide specific options for hard-wired single-station smoke detectors and provide a notice to each guest that contains:  (i) the location of nearest exits and fire alarms;  (ii)  procedures  to  be  followed  when  fire or smoke detectors give warning; and  (iii)  procedures  to  be  followed  in  the  event  of  fire or smoke development.   b. Such standards shall also include egress design options to preserve the aesthetic charm and historical significance of such  dwellings  that shall be limited to one of the following:  (i)  an automatic sprinkler head in the stairwell area of any means of egress;  (ii) an external second floor egress; or  (iii) a portable escape device for each guest room.   c. The standards required by this subdivision shall be promulgated and implemented not later than one hundred twenty days after  the  effective date of this paragraph.   * NB There are 2 sub 12's   * 12.  Standards  for  hospice  residences, as defined in section four thousand two of the public health law,  which  shall  be  deemed  to  be either  a  single  family  dwelling  or  a  two  family dwelling for the purposes of local laws  and  ordinances  relating  to  fire  safety  and building construction standards.   * NB There are 2 sub 12's   13.  Standards  for  the abandonment or removal of heating oil storage tanks and related piping in connection with  the  conversion  of  liquid fuel burning appliance to alternative fuel requiring:   a.  The  entire  contents  of the heating oil storage tank and related piping shall be emptied, cleaned and purged of all vapor.  The  contents of  the  storage  tank  and  related  piping  shall  be removed from the premises or property and  disposed  of  in  accordance  with  applicable local, state or federal rules and regulations;   b.  If  the  heating oil storage tank is to be abandoned in place, the vent line shall remain open and intact, unless the tank is  filled  with an  inert  material.  The  oil  fill pipe and other related piping shall either be removed, or the oil fill pipe shall be filled with concrete;   c. If the heating oil storage tank is to be removed,  the  vent  line, oil  fill pipe and related piping shall also be removed, or the oil fill pipe shall be filled with concrete;   d. An appropriate and qualified inspector, as determined by the  local government,  shall  cause an inspection to be made of the abandonment or removal in connection with the conversion to determine  conformity  with the  uniform  code; provide, however, that the local government official may waive such inspection for good cause shown; and   e. No approval of such abandonment or removal shall be granted  unless written  proof  of  the  heating oil storage tank's oil fill pipe having been removed or filled with  concrete  in  accordance  with  appropriate provisions  of  the uniform code has been provided by the property owner to the local inspector or, in the event  that  an  inspection  has  been waived for good cause shown, to the local government official.   f.  For  the  purposes of this subdivision, "heating oil storage tank" shall mean a tank used for storing heating oil for  consumptive  use  on the premises where stored.   g. In cities with a population of over one million, such cities' local code provisions shall be at least as stringent as the provisions of this subdivision.   h.  The property owner shall provide written notice to his or her home heating oil supplier or suppliers to inform them of such  conversion  to an  alternate  fuel  prior  to  the commencement of the new home heating service.   14. Provide that any:    a. gates required to be provided in a swimming pool enclosure shall be self-closing and self-latching with the latch handle located within  the enclosure  and  at least forty inches above grade, and shall be securely locked with a key, combination or other child proof lock  sufficient  to prevent  access  to  such  swimming  pool  through  such  gate when such swimming pool is not in use or supervised;   b.  residential   or   commercial   swimming   pool   constructed   or substantially  modified after the effective date of this paragraph shall be equipped with an acceptable pool alarm capable of detecting  a  child entering the water and of giving an audible alarm; and   * c.  hot  tub or spa with a safety cover which complies with American Society of Testing and Materials International standard F1346 (2003)  or any  similar  standard  which may be approved by the council or swimming pool, other than a hot tub or spa, with an automatic power safety  cover which   complies   with   American  Society  of  Testing  and  Materials International standard F1346 (2003) or any similar standard which may be approved by the council shall be exempt from the provisions of paragraph b of this subdivision.   * NB There are 2 paragraph c's   * c. temporary  swimming  pool  enclosure  shall  be  required  to  be replaced  by  a permanent enclosure which is in compliance with New York state codes, regulations or local  laws  within  ninety  days  from  the issuance  of  a  local  building  permit  or  the  commencement  of  the installation of an in-ground swimming pool, whichever is later. A  local building  department  may  issue  a waiver to allow an extension of such ninety day time period for good  cause  including  but  not  limited  to adverse weather conditions delaying construction.   * NB There are 2 paragraph c's   15.  Standards  for temporary swimming pool enclosures used during the installation or construction of swimming pools requiring that  any  such enclosure shall sufficiently prevent any access to such swimming pool by any  person  not  engaged  in  the  installation or construction of such swimming pool and shall sufficiently provide for the safety of any  such person.   16.  Standards  requiring the installation and maintenance of at least one safe, sanitary, and convenient diaper changing station, deck, table, or similar amenity which shall be available for use  by  both  male  and female  occupants  and  which  shall  comply  with section 603.5 (Diaper Changing Tables) of the two thousand nine  edition  of  the  publication entitled  ICC  A117.1,  Accessible  and Usable Buildings and Facilities, published by the International Code Council, Inc., on each  floor  level containing  a  public  toilet room in all newly constructed buildings in the state that have one or more areas classified  as  assembly  group  A occupancies  or  mercantile  group  M  occupancies  and  in all existing buildings in the state  that  have  one  or  more  areas  classified  as assembly  group  A  occupancies  or  mercantile  group M occupancies and undergo a substantial renovation. The council shall prescribe  the  type of  renovation  to  be  deemed  to  be  a substantial renovation for the purposes of this subdivision. The council may exempt historic  buildings from the requirements of this subdivision.   17.  Standards  requiring  that, in each building that has one or more areas classified as assembly group A occupancies or mercantile  group  M occupancies  and  in  which  at least one diaper changing station, deck, table, or similar amenity is installed, a sign  shall  be  posted  in  a conspicuous  place in each public toilet room indicating the location of the nearest diaper changing station, deck,  table,  or  similar  amenity that  is  available for use by the gender using such public toilet room. The requirements of this  subdivision  shall  apply  without  regard  to  whether the diaper changing station, deck, table, or similar amenity was installed voluntarily or pursuant to subdivision sixteen of this section or  any other applicable law, statute, rule, or regulation. No such sign shall  be  required in a public toilet room in which any diaper changing station, deck, table, or similar amenity is located.   18. a. Except as otherwise provided  by  statute,  no  change  to  the building  code  shall  become effective until at least ninety days after the date on which notice of such change has been published in the  state register, unless the council finds that:  (i)  an  earlier effective date is necessary to protect health, safety and security; or  (ii) the change to the code will not impose any additional  compliance requirements on any person.   b.  Notwithstanding the provisions of paragraph a of this subdivision, the council may provide that, in the period during which changes to  the code have been adopted but are not yet effective pursuant to paragraph a of  this  subdivision,  a person shall have the option of complying with either the provisions of the code as changed or with the code provisions as they were set forth immediately prior to the change.