reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1201 - Uniform Code: Procedures For Certain Classes Of Buildings › Section 1201.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
In general, section 381  of the Executive Law directs that the
				  State's cities, towns and villages administer and enforce the New York State
				  Uniform Fire Prevention and Building Code (Uniform Code). However, the statute
				  contemplates the need for alternative procedures for certain classes of
				  buildings based upon their design, construction, ownership, occupancy or use,
				  and authorizes the Secretary of State to establish those procedures. Those
				  exceptions are the subject of this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1201 - Uniform Code: Procedures For Certain Classes Of Buildings › Section 1201.3 - Local government option

Current through Register Vol. 46, No. 28, July 10, 2024
Executive Law, section 381(2), accords a city, town, village
				  or county the option to decline to enforce the Uniform Code. If a city, town or
				  village exercises that option, any power conferred by this Part shall pass in
				  the same manner as any general power under that section. If a county exercises
				  that option, any power conferred by this Part shall pass to the Secretary of
				  State.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1201 - Uniform Code: Procedures For Certain Classes Of Buildings › Section 1201.4 - Manufactured housing

Current through Register Vol. 46, No. 28, July 10, 2024
Administration and enforcement of the provisions of the
				  Uniform Code pertaining to factory manufactured homes while at the
				  manufacturing facility, while displayed for sale at a temporary location, or
				  otherwise prior to delivery to a site for permanent installation or erection,
				  shall be by the Department of State. Factory manufactured homes and mobile
				  homes bearing the insignia of approval or certifying seal as required by the
				  code shall be presumed to comply with the applicable
				  regulations.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1202 - Uniform Code and Energy Code: Administration and Enforcement by the State in Certain Local Governments › Section 1202.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In general,
				local governments are charged with the administration and enforcement of the
				Uniform Code and the Energy Code. However, a local government has the option to
				decline that responsibility by adopting a local law to that effect, in which
				event the responsibility passes to the respective county. Counties are accorded
				a similar option. If a local government and a county each exercise their
				option, the statute provides for administration and enforcement of the Uniform
				Code and Energy Code by the Secretary of State in the place and stead of the
				local government. Certain other events may also result in the administration
				and enforcement of both the Uniform Code and Energy Code by the Secretary of
				State. This Part establishes the procedures applicable in the circumstances in
				which the Secretary of State, through the Department of State (the department),
				will administer and enforce the Uniform Code and Energy Code in the place and
				stead of a local government or county.
(b) Where the department is responsible for
				administration and enforcement of the Uniform Code and Energy Code, it shall
				exercise its powers in a due and proper manner to extend to the public
				protection from the hazards of fire and inadequate building construction, and
				to further the purposes of Article 11 of the Energy Law.
(c) Subject to the provisions of section
				1203.2(e) of Part
				1203 of this Title, the department may contract directly with an individual or
				business entity to perform "building safety inspector enforcement activities"
				or "code enforcement official enforcement activities" (as those terms are
				defined in Part 1208 of this Title) on behalf of the department. Where the use
				of such services is in addition to services provided by the department, the
				owner shall pay the associated fee prescribed by this Part, including but not
				limited to the fee associated with the third-party
				services.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1202 - Uniform Code and Energy Code: Administration and Enforcement by the State in Certain Local Governments › Section 1202.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise expressly stated, for the purposes of this Part, the following terms
				shall be deemed to have the meanings set forth in section
				1203.1 of Part 1203 of this Title:
(1) Assembly area
(2) Authority having jurisdiction
(3) Building permit
(4) Certificate of compliance
(5) Certificate of occupancy
(6) Codes
(7) Energy Code
(8) FCNYS
(9) Fire safety and property maintenance
				inspection
(10) Hazardous production
				materials
(11) Mobile food
				preparation vehicle
(12)
				PMCNYS
(13) RCNYS
(14) Repair
(15) Sugarhouse
(16) Uniform Code
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1202 - Uniform Code and Energy Code: Administration and Enforcement by the State in Certain Local Governments › Section 1202.3 - Building permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				provided for in section
				1202.3(b) of this
				Part, a building permit shall be required for any work which must conform to
				the Codes. No person shall commence any work for which a building permit is
				required without first having obtained a building permit from the
				department.
(b) No building permit
				shall be required for the categories of work listed below; however, an
				exemption from the requirement to obtain a building permit shall not be deemed
				an authorization for work to be performed in violation of the Codes:
(1) construction or installation of one-story
				detached structures associated with one- or two-family dwellings or multiple
				single-family dwellings (townhouses), which are used for tool and storage
				sheds, playhouses, or similar uses, provided the gross floor area does not
				exceed 144 square feet;
(2)
				construction of temporary sets and scenery associated with motion picture,
				television, and theater uses;
(3)
				installation of window awnings supported by an exterior wall of a one-or
				two-family dwelling or multiple single-family dwellings (townhouses);
(4) installation of partitions or movable
				cases less than 5'-9" in height;
(5) painting, wallpapering, tiling,
				carpeting, or other similar finish work;
(6) installation of listed portable
				electrical, plumbing, heating, ventilation, or cooling equipment or
				appliances;
(7) replacement of any
				equipment provided the replacement does not alter the equipment's listing or
				render it inconsistent with the equipment's original specifications;
				and
(8) repairs, provided that the
				work does not have an impact on fire and life safety, such as:
(i) any part of the structural
				system;
(ii) the required means of
				egress; or
(iii) the fire
				protection system or the removal from service of any part of the fire
				protection system for any period of time.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1202 - Uniform Code and Energy Code: Administration and Enforcement by the State in Certain Local Governments › Section 1202.4 - Construction inspections

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Work
				for which a building permit has been issued under section
				1202.3 of this Part shall be
				inspected by the department. It shall be the responsibility of the owner to:
(1) ensure the work remains accessible and
				exposed until inspected and accepted by the department;
(2) inform the department that the work is
				ready for inspection; and
(3)
				coordinate with the department to schedule such inspection. In addition to
				those inspections noted in section
				1202.4(b) of this
				Part, the department reserves the right to perform an inspection of the work
				that is the subject of a building permit at any time during the period the
				building permit is active in order to confirm the work is being performed in
				compliance with the Codes, and the information and construction documents
				approved with, and any conditions imposed by, the building
				permit.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1202 - Uniform Code and Energy Code: Administration and Enforcement by the State in Certain Local Governments › Section 1202.5 - Certificates of occupancy, certificates of compliance, and temporary certificates of occupancy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				certificate of occupancy or certificate of compliance shall be required for any
				completed work which is the subject of a building permit and for all
				structures, buildings, or portions thereof, which are converted from one use or
				occupancy classification or subclassification to another. Permission to use or
				occupy a building or structure, or portion thereof, for which a building permit
				was previously issued shall be granted only by issuance of a certificate of
				occupancy or certificate of compliance. A certificate of occupancy or
				certificate of compliance shall not be issued by the department until the
				department has:
(1) inspected the building,
				structure, or work and determined that the building, structure, or work
				complies with all applicable provisions of the Codes;
(2) where applicable, received and reviewed
				each written statement of structural observations and/or a final report of
				special inspections required by any applicable provisions of the Uniform Code
				and determined that the information in such written statement or report
				adequately demonstrates compliance with the applicable provisions of the
				Uniform Code;
(3) where applicable,
				received and reviewed flood hazard certifications required by any applicable
				provisions of the Uniform Code and determined that the information in such
				certifications adequately demonstrates compliance with the applicable
				provisions of the Uniform Code;
(4)
				where applicable, received and reviewed each written statement of the results
				of tests performed to show compliance with the Energy Code and determined that
				the information in such statements adequately demonstrates compliance with the
				applicable provisions of the Energy Code; and
(5) where applicable, verified the affixation
				of the appropriate seals, insignias, and manufacturers' data plates as required
				for factory manufactured buildings and/or manufactured
				homes.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1202 - Uniform Code and Energy Code: Administration and Enforcement by the State in Certain Local Governments › Section 1202.6 - Notification regarding fire or explosion

Current through Register Vol. 46, No. 28, July 10, 2024
In the event of any fire or explosion involving any
				  structural damage, fuel-burning appliance, chimney, or gas vent where the
				  building is owned by a village, town, city, or county; the owner shall promptly
				  notify the department of the event. For all other buildings, the chief of any
				  fire department or other officer providing fire-fighting services shall
				  promptly notify the department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1202 - Uniform Code and Energy Code: Administration and Enforcement by the State in Certain Local Governments › Section 1202.7 - Unsafe structures and equipment and conditions of imminent danger

Current through Register Vol. 46, No. 28, July 10, 2024
When the department finds conditions of imminent danger
				  and/or unsafe structures and equipment as outlined in the Uniform Code, the
				  department is authorized to take appropriate enforcement action to ensure the
				  conditions are addressed, including but not limited to issuing an order to
				  remedy, stop work order, or any other enforcement option available pursuant to
				  this Part or other State or local law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1202 - Uniform Code and Energy Code: Administration and Enforcement by the State in Certain Local Governments › Section 1202.9 - Fire safety and property maintenance inspections

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Fire safety and
				property maintenance inspections are required, except as noted in section
				1202.9(b) of this
				Part, and shall be conducted by the department at the following intervals:
(1) one year for buildings which contain an
				assembly area;
(2) one year for
				public and private schools and colleges, including any buildings of such
				schools or colleges containing classrooms, dormitories, fraternities,
				sororities, laboratories, physical education, dining, or recreational
				facilities; and
(3) three years for
				multiple dwellings and all nonresidential occupancies.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1202 - Uniform Code and Energy Code: Administration and Enforcement by the State in Certain Local Governments › Section 1202.10 - Complaints

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
				shall address bona fide complaints which assert that buildings, structures,
				conditions, and/or activities regulated by this Part, fail to comply with the
				Codes. Upon receipt by the department of any information giving rise to
				reasonable cause to believe that conditions or activities fail to comply with
				the Codes; the department shall take the following steps as the department
				deems appropriate:
(1) investigate and/or
				perform an inspection of the premises, buildings, structures, conditions,
				and/or activities alleged to be in violation;
(2) if a violation is found to exist, the
				department shall take any appropriate enforcement action as allowed by section
				1202.14 of this Part;
(3) if a violation that was found to exist is
				abated or corrected, the department shall perform an inspection to verify that
				the violation has been abated or corrected.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1202 - Uniform Code and Energy Code: Administration and Enforcement by the State in Certain Local Governments › Section 1202.11 - Condition assessments of parking garages

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purposes
				of section
				1202.11 of this Part, the
				following terms shall be deemed to have the meanings shown in section
				1203.3(j)(2) of
				Part 1203 of this Title:
(1) Condition
				assessment
(2)
				Deterioration
(3) Parking
				garage
(4) Professional
				engineer
(5) Responsible
				professional engineer
(6) Unsafe
				condition
(7) Unsafe
				structure
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1202 - Uniform Code and Energy Code: Administration and Enforcement by the State in Certain Local Governments › Section 1202.12 - Climatic and geographic design criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Included with
				any building permit application, the owner shall be responsible for providing
				the department with the climatic and geographic design criteria required by the
				Uniform Code as established by the city, town, or village in which the building
				or structure is located. This includes, but is not limited to:
(1) ground snow load; wind design loads;
				seismic design category; potential damage from weathering, frost, and termite;
				winter design temperature; whether ice barrier underlayment is required; the
				air freezing index; and the mean annual temperature;
(2) heating and cooling equipment design
				criteria for structures within the scope of the RCNYS, including but not
				limited to the design criteria identified in the Design Criteria Table found in
				Chapter 3 of the RCNYS; and
(3) the
				relevant information establishing flood hazard areas, flood hazard maps, and
				supporting data. The flood hazard map shall include, at a minimum, special
				flood hazard areas as identified by the Federal Emergency Management Agency in
				the Flood Insurance Study for the community, as amended or revised with:
(i) the accompanying Flood Insurance Rate Map
				(FIRM);
(ii) Flood Boundary and
				Floodway Map (FBFM); and
(iii)
				related supporting data along with any revisions
				thereto.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1202 - Uniform Code and Energy Code: Administration and Enforcement by the State in Certain Local Governments › Section 1202.13 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
				shall keep permanent official records of all transactions and activities
				conducted by the department and specified in this Part, including but not
				limited to:
(1) all written authorizations of
				authorized representatives of the Owner(s) in accordance with section
				1202.2(b)(2) of
				this Part;
(2) all applications and
				written requests from an owner received, reviewed, and approved or
				denied;
(3) all plans,
				specifications, and construction documents approved;
(4) all building permits, certificates of
				occupancy, certificates of compliance, temporary certificates, stop work
				orders, and operating permits issued;
(5) all inspections and tests
				performed;
(6) all statements and
				reports issued;
(7) all complaints
				received;
(8) all investigations
				conducted;
(9) all condition
				assessment reports received;
(10)
				all fees charged and collected; and
(11) all other features and activities
				specified in or contemplated by this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1202 - Uniform Code and Energy Code: Administration and Enforcement by the State in Certain Local Governments › Section 1202.14 - Orders and violations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
				is authorized to issue the following types of orders in writing:
(1) order to remedy, where any condition is
				in violation of the Codes or this Part existing in, on, or about any building
				or structure shall be corrected within a specified period of time;
(2) order not to be occupied, where a
				building or structure constructed or maintained in violation of the Codes or
				this Part shall not be occupied; and
(3) order to stop work until the department
				is satisfied that such violation has been or will be corrected, including but
				not limited to:
(i) any work that is
				determined by the department to be contrary to any applicable provision of the
				Codes, without regard to whether such work requires a building permit, or a
				building permit has been issued;
(ii) any work subject to either or both Codes
				that is being conducted in a dangerous or unsafe manner in the opinion of the
				department; or
(iii) any work for
				which a building permit is required which is being performed without the
				required building permit, or under a building permit that has become invalid,
				has expired, or has been suspended or revoked.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1202 - Uniform Code and Energy Code: Administration and Enforcement by the State in Certain Local Governments › Section 1202.15 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of State Administration and Enforcement Fee
				  Schedule (publication date: August 2022) published by the department is
				  incorporated herein by reference. Copies of the Department of State
				  Administration and Enforcement Fee Schedule (publication date: August 2022) may
				  be obtained from the Department of State and is available on the department's
				  website and for public inspection and copying at the following address:
New York State Department of State
One Commerce Plaza, 99 Washington Avenue
Albany, NY 122310001
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1203 - Uniform Code: Minimum Standards For Administration And Enforcement › Section 1203.3 - Minimum features of a program for administration and enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
A program for administration and enforcement of either or
				  both of the Codes shall include all features and provisions described in this
				  section 1203.3. Each authority having
				  jurisdiction must provide for each of the listed features through local law,
				  ordinance, or appropriate regulation. Such authority having jurisdiction may
				  adopt provisions for administration and enforcement that are more stringent
				  than the minimum standards set forth in this section.
(a) Building permits.
(1) Each authority having jurisdiction shall
				include in its code enforcement program provisions requiring building permits
				to be required for work that must conform to either or both of the Codes. Where
				expressly set forth in their code enforcement program, an authority having
				jurisdiction may exempt from the requirement for a building permit any one or
				more of the categories of work listed in section
				1203.3(a)(1)(i) through
				(viii). An exemption from the requirement to
				obtain a building permit shall not be deemed an authorization for work to be
				performed in violation of either or both of the Codes. The following categories
				of work may be exempted from the requirement for a building permit:
(i) construction or installation of one-story
				detached structures associated with one- or two-family dwellings or multiple
				single-family dwellings (townhouses), which are used for tool and storage
				sheds, playhouses, or similar uses, provided the gross floor area does not
				exceed 144 square feet;
(ii)
				construction of temporary sets and scenery associated with motion picture,
				television, and theater uses;
(iii)
				installation of window awnings supported by an exterior wall of a one-or
				two-family dwelling or multiple single-family dwellings (townhouses);
(iv) installation of partitions or movable
				cases less than 5²-9³ in height;
(v) painting, wallpapering, tiling,
				carpeting, or other similar finish work;
(vi) installation of listed portable
				electrical, plumbing, heating, ventilation, or cooling equipment or
				appliances;
(vii) replacement of
				any equipment provided the replacement does not alter the equipment's listing
				or render it inconsistent with the equipment's original specifications;
				and
(viii) repairs, provided that
				the work does not have an impact on fire and life safety, such as:
(a) any part of the structural
				system;
(b) the required means of
				egress; or
(c) the fire protection
				system or the removal from service of any part of the fire protection system
				for any period of time.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1203 - Uniform Code: Minimum Standards For Administration And Enforcement › Section 1203.4 - Program review and reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Every city, village, town, and county charged under subdivision 2 of section 381  of the Executive Law with administration and enforcement of the Uniform
				Code shall annually submit to the Secretary of State, on a form prescribed by
				the Secretary of state, a report of its activities relative to administration
				and enforcement of the Codes.
(b)
				Upon request of the Department of State, every authority having jurisdiction
				shall provide to the Department of State true and complete copies of the
				records and related materials such authority having jurisdiction is required to
				maintain; true and complete copies of such portion of such records and related
				materials as may be requested by the Department of State; and/or such excerpts,
				summaries, tabulations, statistics, and other information and accounts of its
				activities in connection with administration and enforcement of either or both
				of the Codes as may be requested by the Department of State. Failure to produce
				the requested materials within a reasonable timeframe shall permit an inference
				that the minimum standards of this Part have not been met. No such inference
				shall be based on the failure to provide copies of records if such records
				were, prior to a request for copies, disposed of pursuant to the applicable
				records retention and disposition schedules established by the authority having
				jurisdiction or pursuant to the Arts and Cultural Affairs Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1203 - Uniform Code: Minimum Standards For Administration And Enforcement › Section 1203.5 - Compliance with an order to remedy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Introduction and purpose. Section 381  of
				the Executive Law provides for the administration and enforcement of the Codes
				and authorizes the Secretary of State to promulgate regulations establishing
				minimum standards for such administration and enforcement. In addition,
				subdivision 2 of section 382  of the Executive Law provides, in part, that any
				person, having been served, either personally or by registered or certified
				mail, with an order to remedy any condition found to exist in, on, or about any
				building in violation of the Uniform Code, who shall fail to comply with such
				order within the time fixed by the regulations promulgated by the Secretary of
				State pursuant to subdivision 1 of section 381  of the Executive Law, such time
				period to be stated in the order, shall be punishable by a fine of not more
				than $1,000 per day of violation, or imprisonment not exceeding one year, or
				both. The purpose of this section is to fix, for the purposes of subdivision 2
				of section 382  of the Executive Law, the time within which a person or entity
				served with an order to remedy is required to comply with such order to
				remedy.
(b) Definitions. In this
				section, the following terms shall have the following meanings:
(1) Order to remedy. An order to remedy any
				condition found to exist in, on, or about any building in violation of the
				Uniform Code.
(2) Comply with an
				order to remedy. To remedy completely each violation described in the order to
				remedy.
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 1204.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
Section 381  of the Executive Law directs the Secretary of
				  State to promulgate rules and regulations prescribing minimum standards for
				  administration and enforcement of the New York State Uniform Fire Prevention
				  and Building Code (Uniform Code). Section
				  1201.2(d) of this
				  Title provides that the State shall be accountable for administration and
				  enforcement of the Uniform Code with respect to:
(a) buildings, premises, and equipment in the
				custody of, or activities related thereto undertaken by, a State agency;
				and
(b) all statewide wireless
				network facilities and all activities related thereto undertaken by the Office
				for Technology.
This Part establishes procedures for the administration and
				  enforcement of the Uniform Code by State agencies. Buildings and structures
				  exempted from the Uniform Code by other preclusive statutes or regulations are
				  not subject to the requirements of this Part.
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 1204.4 - Custody by the Office of General Services

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part the Office of General Services
				  shall be considered to have custody of all buildings leased pursuant to chapter
				  152 of the Laws of 1964 or chapter 354 of the Laws of 1963 and of all buildings
				  within the statutory jurisdiction of the Office of General Services which have
				  not been transferred by lease into the custody of a leasee.
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 1204.5 - Code coordinator

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				State agency unless exempted pursuant to section
				1204.15 of this Part shall
				designate one or more code coordinators who shall be responsible for the
				agency's compliance with this Part so that the buildings, premises, equipment,
				and activities of the agency are maintained and operated in conformance with
				applicable provisions of the code.
(b) Code coordinators shall be designated by
				the commissioner, director or similar chief executive official of the State
				agency.
(c) Code coordinators shall
				be responsible for providing for fire safety inspections and inspections in
				response to complaints regarding conditions or activities allegedly failing to
				comply with provisions of the Uniform Code. In addition, coordinators shall be
				responsible for their agency's compliance with Parts 1174, 1195 and 1196 of
				Title 9 of the Official Compilation of Codes, Rules and Regulations including
				the preparation of the reports required under those Parts.
(d) Code coordinators shall complete a course
				of instruction as specified by the Secretary.
(e) When a State agency has designated more
				than one code coordinator, one of the coordinators shall be identified as
				responsible for the State agency' s overall compliance with this
				Part.
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 1204.6 - Code compliance manager

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				commissioner, director or similar chief executive official of each
				construction- permitting agency shall designate one or more code compliance
				managers.
(b) A code compliance
				manager shall be:
(1) an architect licensed
				to practice in New York State; or
(2) a professional engineer licensed to
				practice in New York State; or
(3)
				an individual otherwise qualified by reason of training and experience who has
				demonstrated knowledge of the construction aspects of the code and who has at
				least two years of experience working directly with the code.
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 1204.7 - Construction permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On or after
				July 1, 1990, no State agency shall commence the erection, construction,
				enlargement, alteration, improvement, relocation, removal, or demolition of any
				building or structure without first obtaining a construction permit from a
				construction-permitting agency. Work which is not subject to the Uniform Code
				shall not require a permit. No permit shall be required for the performance of
				necessary repairs which do not materially affect structural elements and/or the
				plumbing, electrical, or heating/ventilation systems, nor for the construction
				of storage facilities of less than 3000 cubic feet. No permit shall be required
				for work costing $20,000 or less on an existing building provided that such
				exemption does not conflict with the procedures of any construction-permitting
				agency involved in the project. All work shall nevertheless be done in
				conformance with the Uniform Code.
(b) Prior to the issuance of a construction
				permit, the issuing agency shall obtain and retain on file the following
				information:
(1) a description of the site
				upon which the proposed work is to be done;
(2) a description of the use or occupancy of
				all parts of the land and of the proposed building or structure;
(3) where work is proposed for an existing
				structure, a description of the current use or occupancy of the
				structure;
(4) a description of the
				work proposed to be undertaken;
(5)
				the name(s) of the State agency which will have custody of the structure during
				construction and after the project is completed; and
(6) a complete set of plans and
				specifications for the proposed project.
The issuing agency may waive the requirement for plans and
				  specifications where the work to be done involves minor alterations or where
				  plans and specifications are otherwise unnecessary.
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 1204.8 - Inspections during construction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each construction-permitting agency shall
				provide for construction inspections of all work for which the agency has
				issued a construction permit under this Part. Work shall be inspected during
				the course of construction so as to observe the foundation, framing,
				superstructure, electrical system, plumbing system, heating/ventilating/air
				conditioning system, fire protection and detection system, and exit
				features.
(b) A
				construction-permitting agency may arrange for the inspections described in
				subdivision (a) of this section to be performed by a State agency managing
				construction of a project, by a design consultant, or by another party. Where
				the building, structure, or portion thereof which is the subject of a
				construction permit exceeds 20,000 cubic feet, a final inspection must be
				performed by the construction-permitting agency which issued the construction
				permit before a code compliance certificate may be issued.
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 1204.9 - Use and occupancy of buildings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon the completion of all projects for
				which a construction permit has been issued in accordance with this Part, the
				State agency which undertook the project shall obtain a code compliance
				certificate from the agency which issued the construction permit. No building
				erected subject to the Uniform Code and this Part shall be used or occupied
				until a code compliance certificate or a temporary approval for occupancy is
				issued. No building enlarged or altered, or upon which work has been performed
				which is subject to provisions of the Uniform Code, shall continue to be
				occupied or used unless a code compliance certificate or a temporary approval
				for occupancy is issued. Work exempted from the requirement to obtain a
				construction permit pursuant to section
				1204.7(a) of this
				Part shall similarly be exempted from the requirement to obtain a code
				compliance certificate.
(b) The
				occupancy classification, as defined in Part 701 of Title 9 of the Official
				Compilation of Codes, Rules and Regulations, of a building in the custody of
				the State of New York shall not be changed unless a code compliance certificate
				authorizing such a change or a temporary approval for occupancy has been
				issued. Before a code compliance certificate is issued the State agency with
				custody of such building must establish that such change will conform with all
				applicable provisions of the Uniform Code.
(c) A code compliance certificate shall only
				be issued after an inspection is conducted which:
(1) indicates substantial completion of any
				work for which a construction permit has been issued; and
(2) reveals no uncorrected deficiency or
				material violation of the Uniform Code within the area or work for which the
				certificate is to be issued.
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 1204.10 - Temporary approvals for occupancy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At the discretion of a
				construction-permitting agency, a temporary approval for occupancy may be
				issued if it is determined that a building or structure or a designated portion
				of a building or structure is sufficiently complete so that it may be safely
				occupied, or that work performed pursuant to a construction permit may be
				safely put to the use for which it is intended. The temporary approval for
				occupancy may place limitations upon the occupancy or use of a building or
				structure or it may require the State agency receiving such temporary approval
				to undertake specific precautions when using or occupying the premises. Any
				required limitations or precautions shall be clearly stated upon a temporary
				approval for occupancy when issued.
(b) A temporary approval for occupancy shall
				be valid for a period specified by the construction-permitting agency issuing
				such approval, such period not to exceed one year. A temporary approval for
				occupancy may be renewed at the discretion of the issuing agency if it is
				determined that the particular building or structure may be safely occupied or
				safely put to the use for which it is intended.
(c) Failure to comply with any limitations or
				precautions specified on a temporary approval for occupancy shall invalidate
				such approval.
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 1204.11 - Stop work orders and revocation of permits and certificates

Current through Register Vol. 46, No. 28, July 10, 2024
A construction-permitting agency may suspend or revoke a
				  construction permit, a code compliance certificate, or a temporary approval for
				  occupancy issued by such agency, or it may issue a stop work order halting
				  construction under its jurisdiction, if violations of the Uniform Code or this
				  Part are discovered and it is determined to be in the best interests of public
				  safety or of the State of New York to do so.
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 1204.12 - Fire safety inspections

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Beginning January 1, 1991, each State agency shall commence a program of
				periodic fire safety inspections of buildings within its custody. At least once
				every three years each State agency shall inspect for compliance with
				applicable provisions of the Uniform Code all buildings or portions thereof
				within its custody which are classified as low hazard storage (C4.1) or
				moderate hazard storage (C4.2) as defined by Parts 701 and 702 of Title 9 of
				the Official Compilation of Codes, Rules and Regulations. All other buildings
				or portions thereof within the custody of a State agency shall be inspected at
				least once per year. A report setting forth the findings of the inspection
				shall be prepared by the agency's code coordinator.
(b) Bona fide complaints alleging conditions
				in violation of the Uniform Code shall be investigated and when necessary
				inspections shall be conducted.
(c)
				State agencies shall correct all code violations within a reasonable amount of
				time after their discovery.
(d)
				Each State agency shall prepare and maintain a correction plan for all code
				violations which remain uncorrected 60 days after their discovery.
(e) In addition to the periodic fire safety
				inspections of buildings within its custody required by subdivision (a), each
				State agency shall commence a program of having condition assessments conducted
				of parking garages within its custody in accordance with section
				1203.3(j) of Part
				1203 of this Title.
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 1204.13 - Agency relationships

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				construction-permitting agency shall delegate or transfer its authority to
				issue construction permits, code compliance certificates, or temporary
				approvals for occupancy to another State agency or to another party.
(b) Except as prohibited in subdivision (a)
				of this section, State agencies may arrange for the performance of required
				code related activities through agreements with other State agencies or other
				parties. Such agreement, however, shall not exempt a State agency from the
				obligation to appoint a code coordinator, to prepare an annual report pursuant
				to section
				1204.14 of this Title and to
				comply with provisions of the Uniform Code.
(c) When more than one
				construction-permitting agency is involved in a particular construction
				project, such agencies may agree among themselves as to which agency shall act
				as the construction-permitting agency for the project. In the event of a
				dispute as to which agency shall act as construction-permitting agency, a
				decision shall be made based upon the following order of preference:
(1) the design agency;
(2) the construction agency; or
(3) the agency owning or with custody of the
				particular building or structure.
If the agencies involved are unable to agree, the Department
				  of State shall be the final arbiter in determining which agency shall act as
				  construction-permitting agency.
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 1204.14 - Annual reports and documents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On
				or before February 1st of each year, each State agency shall prepare a report
				pertaining to the preceding calendar year which shall include the following
				information:
(1) the name and address of the
				agency, the code coordinator, and any code compliance managers;
(2) a list of all construction permits, code
				compliance certificates, and temporary approvals for occupancy which were
				issued or received during the preceding year along with an indication of which
				permits, certificates and temporary approvals were still valid on the preceding
				December 31st;
(3) a list of all
				fire safety inspections conducted within buildings or structures in the custody
				of the particular State agency;
(4)
				a list of all code violations within the agency's buildings or structures which
				were not corrected within 60 days of their discovery;
(5) a statement of the current status of the
				violations noted in paragraph (4) of this subdivision and a plan to correct any
				such violations still uncorrected; and
(6) a list of all code related complaints and
				their disposition.
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 1204.15 - Agency exemption

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Individual State agencies may request that they be exempted from the
				requirements imposed by sections1204.5 and
				1204.14 of this Part. The
				Secretary may grant such exemptions under the following conditions:
(1) the State agency does not have custody of
				any building or portion of a building;
(2) all buildings occupied by the State
				agency are within the custody of the Office of General Services or are subject
				to code enforcement by a city, town, village, county or the Department of
				State; and
(3) the State agency
				does not construct buildings or structures.
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 1204.16 - Designation as a construction-permitting agency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) State agencies which design, construct,
				or regulate buildings may apply to the Secretary for designation as a
				construction-permitting agency. Such application shall be in a form acceptable
				to the Secretary.
(b) Applications
				for designation shall be reviewed to determine whether the applying agency has
				demonstrated competency in design and construction of buildings and knowledge
				of the provisions of the Uniform Code. Where the Secretary finds that the
				applicant agency is capable of undertaking code enforcement activities, such
				agency shall be designated as a construction-permitting agency.
(c) Periodically the Secretary may review the
				records of construction-permitting agencies pertaining to the construction of
				buildings and to the activities performed pursuant to authority granted by this
				Part. When the Secretary finds that administration of the Uniform Code by a
				construction-permitting agency does not comply with the minimum standards
				established by this Part or Part 1203 of this Title, or that construction
				activities regulated by the agency do not substantially conform with applicable
				provisions of the Uniform Code, the agency's designation as a
				construction-permitting agency may be rescinded.