2023 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.
1-a.  a.  Standards  for the construction of all new buildings and for
the construction or renovation of  existing  buildings  that  undergo  a
substantial  improvement,  as  defined by the council, located wholly or
partially in an area designated  on  the  applicable  Federal  Emergency
Management  Agency  ("FEMA")  flood  insurance rate map, as amended from
time to time, as a Special Flood Hazard  Area  or  Moderate  Risk  Flood
Hazard  Area, for the purposes of safeguarding life and property therein
and thereabout from the hazards of sea level rise,  flooding,  saltwater
corrosion,  coastal  or  riparian erosion, storms, and other degradation
that may arise out of characteristics of the coastal environment.
b. The standards in paragraph a  of  this  subdivision  shall  (i)  be
developed to address future physical climate risk due to sea level rise,
and/or  storm  surges  and/or  flooding,  based  on  available data from
nationally recognized sources or data produced by state  agencies  based
on  nationally  recognized  procedures, analysis, and studies predicting
the likelihood of extreme weather events, including hazard risk analysis
data if applicable,  and  after  consultation  with  the  department  of
environmental conservation, and (ii) if appropriate, provide for regular
inspection,  and  repair,  as  necessary,  of  the  interior  structural
elements of buildings.
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.
* NB Effective until January 1, 2025
* 3. Standards for passenger elevators to promote uniformity and  ease
of use for individuals with disabilities 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.
* NB Effective January 1, 2025
* 3-a.  a.  Standards  for  emergency  planning  and  preparedness for
high-rise  buildings  that  address  the  needs  of   individuals   with
disabilities which shall be developed in consultation with organizations
that   advocate  on  behalf  of  individuals  with  disabilities  to  be

identified by the department of state in consultation with the office of
the chief disability officer.
b. The standards to be developed shall consider but not be limited to:
(i) procedures for evacuating individuals with disabilities;
(ii)  if  it is necessary for the fire safety and emergency evacuation
plan that the owner or the owner's agent shall establish and maintain to
include  a  list  of  names  and  room  numbers  for  individuals   with
disabilities  who  have  affirmatively notified the owner or the owner's
agent that they are disabled, would require assistance in the  event  of
an  emergency  and  have  requested that their names and room numbers be
included in such list;
(iii) if it is necessary for the fire safety and emergency  evacuation
plan that the owner or the owner's agent shall establish and maintain to
include  a  notification  mechanism  to  the  occupants  that  a list of
individuals with disabilities who would need assistance in  case  of  an
emergency may exist and is maintained by the owner or the owner's agent,
that  such  list would include only those individuals who have requested
inclusion, that such list would be made available to building staff  and
management  as  well as local law enforcement and fire safety personnel,
and the method by which occupants can affirmatively place their name  on
such list;
(iv)  if  it is necessary for the fire safety and emergency evacuation
plan that the owner or the owner's agent shall establish and maintain to
include information on the location and type  of  evacuation  assistance
devices   or  assistive  technologies  that  are  available  within  the
building; and
(v) if it is necessary for the fire safety  and  emergency  evacuation
plan that the owner or the owner's agent shall establish and maintain to
contain  floor  plans  identifying  the  locations  of accessible egress
routes, including areas of refuge and exterior areas for assisted care.
c. Notwithstanding any provision of law  to  the  contrary,  standards
developed pursuant to this subdivision shall specify that:
(i) it shall be the duty of every owner of a high-rise building, or of
the owner's agent, to establish and maintain a fire safety and emergency
evacuation plan as provided for in this subdivision;
(ii)  the  owner  or  owner's  agent  shall  make  the fire safety and
emergency evacuation plan available in the building  for  reference  and
review  by building management and staff, subject to paragraph h of this
subdivision, and by building occupants, provided that if any  such  plan
is  required to include a list of individuals with disabilities who have
affirmatively notified the owner or the  owner's  agent  that  they  are
disabled,  would  need  assistance in the case of an emergency, and have
requested that their names and room numbers be included  in  such  list,
building  occupants  shall  not  be  given  access  to  any such list of
individuals with disabilities and their room numbers;
(iii) copies of the fire safety and emergency evacuation plan shall be
provided to  local  law  enforcement  and  fire  safety  personnel  upon
request; and
(iv)  the  fire  safety  and  emergency  evacuation plan shall be made
available in a large-print document  (18-point  font  size  or  larger);
Braille  (Grade  II); and/or any other alternative formats upon request,
subject to the limitations on dissemination to building occupants of any
list of individuals with disabilities and their room  numbers  contained
in subparagraph (ii) of this paragraph.
d.  A  copy  of the fire safety and emergency evacuation plan shall be
maintained at all times in a place easily accessible by law  enforcement
and/or  fire  safety  personnel.  Such  a  place  may include but is not
limited to the management office, the security desk, in the vicinity  of

the  firefighter's  elevator  recall  key, the life safety panel, or the
fire pump room.
e.  On an annual basis, every high-rise building owner or the agent of
such owner shall update the fire safety and  emergency  evacuation  plan
and provide occupants with a notice detailing the provisions of the fire
safety and emergency evacuation plan.
f.  As used in this subdivision, "high-rise building" means a building
with an occupied floor located more than  seventy-five  feet  above  the
lowest level of fire department vehicle access.
g.  Notwithstanding  any other provision of this subdivision, (i) this
subdivision shall not apply to hospitals as defined in  subdivision  one
of  section  twenty-eight hundred one of the public health law, assisted
living residences licensed  under  article  forty-six-B  of  the  public
health  law,  and  adult care facilities licensed under article seven of
the social services law; and (ii) residential high-rise buildings  whose
units  are limited to households containing residents fifty years of age
and older and that have  implemented  specialized  evacuation  plans  in
consultation  with local first responders may use those plans to satisfy
the requirements of this subdivision.
h. Any building management, building staff, local law enforcement  and
fire  safety  personnel  who receive, as part of or in connection with a
fire safety and emergency evacuation plan  developed  pursuant  to  this
subdivision,  a  list  of  individuals  with  disabilities  who  require
assistance  in  the  event  of   an   emergency   shall   maintain   the
confidentiality  of  the  information  in  such  list  and shall use and
disclose it only for purposes permitted pursuant to this subdivision  or
any standards developed pursuant to this subdivision.
* NB Effective January 1, 2025
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 shall be
exempt from the provisions of this subdivision and  any  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.
d.  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.
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. Standards requiring that grease traps or interceptors located in a
place  that  may be accessible by the public, or located inside any food
service establishment, or located in any other building that is open  to
the public, shall be designed and maintained to withstand expected loads
and  to  prevent  unauthorized access. Such standards shall also include
requiring the installation of a warning sign or symbol, as determined by
the council, on or in the vicinity of such grease traps or interceptors.
Such standards  shall  apply  to  new  and  existing  grease  traps  and
interceptors.  For  the  purposes  of  this  subdivision,  "food service
establishment" shall have the same meaning as in part fourteen of  title
ten of the New York code of rules and regulations.
19.  a.  To  support the goal of zero on-site greenhouse gas emissions
and help achieve the state's clean energy and climate agenda,  including
but  not  limited  to  greenhouse  gas  reduction requirements set forth
within chapter one hundred six of the laws  of  two  thousand  nineteen,
also  known  as  the  New  York  state  climate leadership and community
protection act, the uniform code  shall  prohibit  the  installation  of
fossil-fuel equipment and building systems, in any new building not more
than  seven stories in height, except for a new commercial or industrial
building greater than one hundred thousand square  feet  in  conditioned
floor area, on or after December thirty-first, two thousand twenty-five,
and  the  uniform  code  shall  prohibit the installation of fossil-fuel
equipment and building  systems,  in  all  new  buildings  on  or  after
December thirty-first, two thousand twenty-eight.
b.  The  provisions set forth in paragraph a of this subdivision shall
not be  construed  as  applying  to  buildings  existing  prior  to  the
effective date of the applicable prohibition, including to:
(i)  the  repair,  alteration,  addition,  relocation,  or  change  of
occupancy or use of such buildings; and
(ii) the installation or continued use and maintenance of  fossil-fuel
equipment   and  building  systems,  including  as  related  to  cooking
equipment, in any such buildings.
c. In addition, in effectuating the provisions set forth in  paragraph
a of this subdivision the code shall include exemptions for the purposes
of  allowing  the  installation  and  use  of  fossil-fuel equipment and
building systems where such systems are installed and used:
(i) for generation  of  emergency  back-up  power  and  standby  power
systems;
(ii) in a manufactured home as defined in subdivision seven of section
six hundred one of the executive law; or
(iii)  in  a  building  or  part  of  a  building  that  is  used as a
manufacturing facility, commercial food establishment,  laboratory,  car
wash,   laundromat,   hospital,   other   medical   facility,   critical
infrastructure,  including  but  not  limited  to  emergency  management
facilities,  wastewater  treatment  facilities,  and water treatment and

pumping  facilities,  agricultural  building,  fuel  cell   system,   or
crematorium, as such terms are defined by the code council.
d.  Where  the  uniform code includes an allowed exemption pursuant to
subparagraph (i) or (iii) of paragraph c of this subdivision, other than
agricultural buildings as defined by the council, such  exemption  shall
include  provisions  that, to the fullest extent feasible, limit the use
of fossil-fuel equipment and building systems to the system and area  of
the  building  for  which  a  prohibition  on  fossil-fuel equipment and
building  systems  is  infeasible;  except  with  respect  to  servicing
manufacturing  or  industrial  processes,  require  the  area or service
within a new building where fossil-fuel equipment and  building  systems
are  installed be electrification ready; and minimize emissions from the
fossil-fuel equipment and building systems that are allowed to be  used,
provided  that  such  provisions do not adversely affect health, safety,
security, or fire protection.  Financial  considerations  shall  not  be
sufficient basis to determine physical or technical infeasibility.
e.   Exemptions   included  in  the  uniform  code  pursuant  to  this
subdivision shall be periodically reviewed by the code council to assure
that they continue to effectuate the purposes of  paragraph  a  of  this
subdivision  and subparagraph three of paragraph b of subdivision two of
section three hundred seventy-one of this article to the fullest  extent
feasible.
f.  The  code shall allow for exemption of a new building construction
project that requires  an  application  for  new  or  expanded  electric
service, pursuant to subdivision one of section thirty-one of the public
service  law  and/or  section  twelve of the transportation corporations
law, when electric service cannot be reasonably provided by the grid  as
operated  by  the local electric corporation or municipality pursuant to
subdivision one  of  section  sixty-five  of  the  public  service  law;
provided,  however,  that  the public service commission shall determine
reasonableness for purposes of this exemption. For the purposes of  this
paragraph,  "grid"  shall  have  the  same meaning as electric plant, as
defined in subdivision twelve of section two of the public service law.
g. For the purposes of this subdivision:
(i) "Fossil-fuel  equipment  and  building  systems"  shall  mean  (A)
equipment,  as such term is defined in section 11-102 of the energy law,
that uses fossil-fuel for combustion; or (B) systems, other  than  items
supporting  an  industrial  or  commercial process as referred to in the
definition of equipment in section 11-102 of the energy law,  associated
with  a  building  that  will  be  used  for  or  to support the supply,
distribution, or delivery of fossil-fuel for any purpose, other than for
use by motor vehicles.
(ii) "Electrification ready" means the new building or portion thereof
where fossil-fuel equipment and building systems are allowed to be  used
which  contains  electrical  systems and designs that provide sufficient
capacity for a future replacement  of  such  fossil-fuel  equipment  and
building  systems  with  electric-powered  equipment,  including but not
limited  to  sufficient  space,  drainage,  electrical   conductors   or
raceways,  bus bar capacity, and overcurrent protective devices for such
electric-powered equipment.
20. 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.