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NYS Code Changes go into Effect

The Department of State, acting on behalf of the Code Council, has filed Notices of Adoption of these rules.  

NYS Building Standards & Codes website

Amended Notice of Adoption
Rule amending and updating the Uniform Code

EFFECTIVE May 12, 2020

On March 6, 2020, the State Fire Prevention and Building Code Council (the “Code Council”) adopted a rule that further amends and updates the original rule that appeared in the February 12, 2020 State Register to amend and update the New York State Uniform Fire Prevention and Building Code (the “Uniform Code”).  

The detailed changes from the original Notice of Adoption that appeared in the February 12, 2020 State Register to this Amended Notice of Adoption are as follows:

  • First, section 1220.3 of the Amended Rule was revised to amend provisions relating to abandonment or removal of heating oil storage tanks based on amendments to Executive Law §378(13) pursuant to Chapter 725 of the Laws of 2019 and corrections were made to Table N1102.1.2, Section P2603.5.1, and Appendix J within the 2020 Residential Code of New York State.   

  • Second, section 1221.3 of the Amended Rule was revised to correct the publisher’s address of one of the publications being incorporated by reference (Steel Joist Institute, SJI 100-15) and to replace the previously incorporated by reference standard TIA 222-G-2005 with the updated version of TIA 222-H-2017 (second printing – June 25, 2018) within the 2020 Building Code of New York State.

  • Third, section 1225.3 of the Amended Rule was added to amend provisions relating to abandonment or removal of heating oil storage tanks based on amendments to Executive Law §378(13) pursuant to Chapter 725 of the Laws of 2019 within the 2020 Fire Code of New York State.

  • Finally, section 1226.3 of the Amended Rule was added to amend the provisions relating to occupancy limitations in the 2020 Property Maintenance Code of New York State to exempt tiny houses constructed in accordance with the 2020 Residential Code of New York State and Appendix Q of the 2020 Residential Code of New York State. 

The Department of State, acting on behalf of the Code Council, has filed an Amended Notice of Adoption of this rule.  The Amended Notice of Adoption will appear in the April 8, 2020 edition of the State Register.  On and after April 8, 2020, the Amended Notice of Adoption can be viewed by clicking the “April 8” link at: http://www.dos.ny.gov/info/register/2020.html.  The full text of the amended rule is here.

Effective Date: The effective date of the 2020 NYS Code Books, and the amendments to the 2020 NYS Code Books made by this amended rule, will be May 12, 2020.  There will be no transition period.  Beginning on May 12, 2020, regulated parties submitting building permit applications must comply with the 2020 NYS Code Books and the amendments to the 2020 NYS Code Books made by this amended rule.

Notices of Adoption
Rules amending and updating the Uniform Code and Energy Code

EFFECTIVE May 12, 2020

On December 6, 2019, the State Fire Prevention and Building Code Council (the “Code Council”) adopted rules that amend and update the New York State Uniform Fire Prevention and Building Code (the “Uniform Code”) and the State Energy Conservation Construction Code (the “Energy Code”).  

The Department of State, acting on behalf of the Code Council, has filed Notices of Adoption of these rules.  The Notices of Adoption will appear in the February 12, 2020 edition of the State Register.  On and after February 12, 2020, the Notices of Adoption can be viewed by clicking the “February 12” link at: http://www.dos.ny.gov/info/register/2020.html.  

The rules will become effective on May 12, 2020.

Uniform Code
The Uniform Code (19 NYCRR Parts 1219 to 1229) now includes the 2015 editions of the code books published by the International Code Council (the “2015 I-Codes”), as amended by the publication entitled the 2017 Uniform Code Supplement (publication date:  July 2017).

The rule adopted by the Code Council on December 6, 2019 repeals the current version of the Uniform Code and adopts an amended and updated version of the Uniform Code.  The amended and updated version of the Uniform Code incorporates by reference the following publications:

 (collectively, the NYS Code Books)

Certain provisions of the 2020 Residential Code of New York State and 2020 Building Code of New York State are also amended as set forth in the rule adopted amending 19 NYCRR Parts 1220 and 1221.

Prior to May 12, 2020, the Uniform Code will continue to include the 2015 I-Codes, as amended by the 2017 Uniform Code Supplement.  On and after May 12, 2020, the Uniform Code will include the 2020 NYS Code Books.  

Effective Date:  The effective date of the 2020 NYS Code Books will be May 12, 2020.  There will be no transition period.  Beginning on May 12, 2020, regulated parties submitting building permit applications must comply with the 2020 NYS Code Books.

Energy Code 
The Energy Code (19 NYCRR Part 1240) now includes the 2015 International Energy Conservation Code (the “2015 IECC”) and the 2013 edition of ASHRAE 90.1 (“ASHRAE 90.1-2013”), as amended by the publication entitled the 2016 Supplement to the State Energy Conservation Construction Code (Revised August 2016), sometimes referred to simply as the 2016 Energy Code Supplement.  

The rule adopted by the Code Council on December 6, 2019 repeals the current version of the Energy Code and adopts an amended and updated version of the Energy Code.  The amended and updated version of the Energy Code incorporates by reference the following publications:

Certain provisions of ASHRAE 90.1-2016 are amended as set forth in the rule adopted amending 19 NYCRR Part 1240.

Prior to May 12, 2020, the Energy Code will continue to include the 2015 IECC and ASHRAE 90.1-2013, as amended by the 2016 Energy Code Supplement.  On and after May 12, 2020, the Energy Code will include the 2020 ECCCNYS and ASHRAE 90.1-2016, as amended by 19 NYCRR Part 1240.  

Effective Date:  The effective date of the modifications to Part 1240 will be May 12, 2020.  There will be no transition period.  Beginning on May 12, 2020, regulated parties submitting building permit applications must comply with the 2020 ECCCNYS and ASHRAE 90.1-2016, as amended by 19 NYCRR Part 1240. 

Parts 1264 and 1265
19 NYCRR Part 1264 includes provisions relating to placement of signs or symbols on commercial buildings that utilize truss type construction.  19 NYCRR Part 1265 includes provisions relating to placement of signs or symbols on residential buildings that utilize truss type, pre-engineered wood or timber construction.

Parts 1264 and 1265 include references to the 2017 Uniform Code Supplement.  Because the rule that amends the Uniform Code will replace the 2017 Uniform Code Supplement with the 2020 NYS Code Books effective May 12, 2020, the rule amending the Uniform Code adopted by the Code Council on December 6, 2019 also makes corresponding changes to Parts 1264 and 1265.  The rule makes no substantive changes to Part 1264 or Part 1265.

Effective Date:  The effective date of the amendments to Parts 1264 and 1265 will be May 12, 2020.  There will be no transition period.  

2020 NYS Code Books
The 2020 NYS Code Books can be viewed for free on the International Code Council (ICC) website at, https://codes.iccsafe.org/category/New%20York?year[]=Current+Adoption&page=1 or purchased at https://shop.iccsafe.org/state-and-local-codes/new-york-state.html.

Notice of Emergency Adoption
Emergency Rule – Effective March 19, 2020

Abandonment or Removal of Heating Oil Storage Tanks (19 NYCRR Subpart 1229-3)

On Thursday, March 19, 2020, the Department of State filed a Notice of Emergency Adoption that amends the State Uniform Fire Prevention and Building Code (the “Uniform Code”) by adding provisions relating to the abandonment or removal of heating oil storage tanks.

Adoption of this regulation as an emergency rule makes it effective immediately upon filing.

Amendments to the Uniform Code
The State Fire Prevention and Building Code Council (the “Code Council”) has adopted a rule that amends the current version of the Uniform Code, specifically, adding new Subpart 1229-3 to Title 19 of the NYCRR relating to the abandonment or removal of heating oil storage tanks.  

Chapter 725 of the Laws of 2019 amended Executive Law §378(13) requiring the Uniform Code to include a provision that requires a property owner to provide written notice to his or her home heating oil supplier or suppliers to inform them of such conversion to an alternate fuel following the abandonment or removal of a heating oil storage tank.  Accordingly, the Code Council adopted this rule on an emergency basis to protect health, safety, and security.  
The adoption of this emergency rule became effective on the date of filing, or March 19, 2020.  This rule will expire on May 12, 2020.

A copy of the rule text is available here.

The Notice of Emergency Adoption will appear in the April 8, 2020 edition of the State Register.  On and after April 8, 2020, the April 8, 2020 edition of the State Register can be viewed by clicking the "April 8" link at https://www.dos.ny.gov/info/register/2020.html.  The Notice of Emergency Adoption includes Text of the Rule, Regulatory Impact Statement, Regulatory Flexibility Analysis for Small Business and Local Governments, Rural Area Flexibility Analysis, Statement regarding Job Impact Statement, Statement of Findings Regarding Necessity for Emergency, Additional Matter Required by Statute, and Certification of Rule Text.  

Dated: March 19, 2020

Pursuant to General Business Law Section 778-aa, please see the following Notice of Home Heating Oil Conversion

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