New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1204 - Uniform Code: Administration And Enforcement By State Agencies › Section 1204.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Code. The New
				York State Uniform Fire Prevention and Building Code.
(b) Code compliance certificate. A written
				document issued by a construction-permitting agency indicating that the agency
				has discovered no material deviations from applicable code provisions in a
				building or structure or in work performed, and authorizing the use or
				occupancy of a particular building, structure, or equipment.
(c) Construction emergency. Damage to or a
				malfunction in buildings or property of the State of New York caused by an
				unanticipated, sudden and unexpected occurrence which involves a pressing
				necessity for immediate repair, reconstruction or maintenance in order to
				permit the safe continuation of a necessary public use or function, or to
				protect the property of the State of New York, or the life, health or safety of
				any person.
(d) Construction
				permit. A written document issued by a construction-permitting agency
				authorizing construction to proceed on a particular project after a
				determination by the agency that the project as proposed will comply with
				applicable provisions of the Uniform Code.
(e) Construction-permitting agency. The
				Department of Environmental Conservation, the Department of State, the Office
				of General Services, the Office of Mental Health, the Office of Mental
				Retardation and Developmental Disabilities, the Office of Parks, Recreation and
				Historic Preservation, the Facilities Development Corporation, the Urban
				Development Corporation, the State University of New York, the State University
				Construction Fund, the Dormitory Authority of the State of New York, the New
				York Power Authority, the New York State Thruway Authority and any other State
				agency so designated by the Secretary.
(f) Custody. The effective control of a
				building or structure.
(1) Buildings leased
				pursuant to chapter 354 of the Laws of 1963 or chapter 152 of the Laws of 1964
				are to be considered within the custody of the State of New York.
(2) The State of New York shall not be deemed
				to have custody of buildings or building spaces privately owned which are
				occupied by State agencies pursuant to a commercial lease made by the Office of
				General Services or the Office of Mental Health with the private
				owner.
(3) Criteria for determining
				whether the State possesses effective control of a building include but are not
				limited to the following:
(i) ownership of
				the building or the land on which it is located;
(ii) rights of entry or limitations thereon
				of an owner or landlord with regard to a building;
(iii) rights or obligations to make
				improvements or repairs to a building;
(iv) whether a lease provides for total or
				nearly total discretion by the leasee with regard to the use or alteration of a
				building; and
(v) whether a
				particular building is subject to taxation or whether payments in lieu of taxes
				are paid by the occupant(s).
(4) Notwithstanding any other provision of
				this subdivision to the contrary and without regard to the criteria mentioned
				in paragraph (3) of this subdivision, for the purposes of this Part the Office
				for Technology shall be considered to have custody and effective control of all
				statewide wireless network facilities; provided, however, that nothing in this
				subdivision shall be construed as subjecting to the provisions of the code any
				statewide wireless network facility that would not otherwise be subject to the
				provisions of the code; and provided further that for the purposes of this
				Part, the Office for Technology shall not be considered to have custody or
				effective control of any statewide wireless network supporting building merely
				by reason of the construction or installation of any statewide wireless network
				facility thereon or therein.