New York Codes, Rules and Regulations (NYCRR)
Title 19 Part 1202
Department of State
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12 sections
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Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.19 NYCRR 1202.1 - Introduction
Source version current through Oct 7, 2026
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Oct 7, 2026
- Related Register notice
- DOS-39-22-00009-A · Adopted rule
- Related notice published
- Dec 28, 2022
- Related notice effective date
- Dec 30, 2022
Introduction
(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.
19 NYCRR 1202.2 - Definitions
Source version current through Oct 7, 2026
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Oct 7, 2026
- Related Register notice
- DOS-39-22-00009-A · Adopted rule
- Related notice published
- Dec 28, 2022
- Related notice effective date
- Dec 30, 2022
Definitions
(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
(b)In addition to section 1202.2(a), unless otherwise expressly stated, for the purposes of this Part, the following terms shall be deemed to have the meaning shown in this subdivision:
(1)Department. The New York State Department of State, which includes both employees of the department and those authorized according to section 1202.1(c) of this Part.
(2)Owner. Any person or entity, or duly authorized representative of said person or entity, that meets any of the following:
(i)has any legal or equitable interest in the building or structure; or
(ii)is recorded in the official records of the state, county, or municipality as holding an interest or title to the building or structure; or
(iii)has possession or control of the building or structure, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
19 NYCRR 1202.3 - Certificates of occupancy and completion
Related State Register notice: Adopted rule DOS-39-22-00009-A. Published Dec 28, 2022. Notice effective date: Dec 30, 2022.
Source version current through Jun 30, 2022
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Jun 30, 2022
- Related Register notice
- DOS-39-22-00009-A · Adopted rule
- Related notice published
- Dec 28, 2022
- Related notice effective date
- Dec 30, 2022
Current section text is not available here.
19 NYCRR 1202.4 - Construction inspections
Source version current through Oct 7, 2026
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Oct 7, 2026
- Related Register notice
- DOS-39-22-00009-A · Adopted rule
- Related notice published
- Dec 28, 2022
- Related notice effective date
- Dec 30, 2022
Construction inspections
(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.
(b)The elements of the construction process to be inspected by the department shall include, where applicable, the following:
(1)worksite prior to the issuance of a building permit;
(2)footing and foundation;
(3)preparation for concrete slab;
(4)framing;
(5)structural, electrical, plumbing, mechanical, fire-protection, and other similar service systems of the building;
(6)fire resistant construction;
(7)fire resistant penetrations;
(8)solid fuel-burning heating appliances, chimneys, flues, or gas vents;
(9)inspections required to demonstrate Energy Code compliance, including but not limited to insulation, fenestration, air leakage, system controls, mechanical equipment size, and, where required, minimum fan efficiencies, programmable thermostats, energy recovery, whole-house ventilation, plumbing heat traps, high-performance lighting, and controls;
(10)installation, connection, and assembly of factory manufactured buildings and manufactured homes; and
(11)a final inspection after all work authorized by the building permit has been completed.
(c)Remote inspections in lieu of in-person inspections may be performed when, at the discretion of the department, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the department that the elements of the construction process conform with the applicable requirements of the Codes.
(d)After each inspection, the department shall note the work, or a portion thereof to be satisfactory as completed, or the owner shall be notified as to the manner in which the work fails to comply with the Codes, including a citation to the specific code provision or provisions that have not been met. The owner shall be responsible for ensuring work not in compliance with any applicable provision of the Codes remains exposed until such work has been brought into compliance with all applicable provisions of the Codes, is reinspected by the department, and is found satisfactory as completed.
(e)The fee(s), if any, specified in or determined in accordance with section 1202.15 of this Part must be paid prior to, or at the time of each inspection performed pursuant to this section.
19 NYCRR 1202.5 - Certificates of occupancy, certificates of compliance, and temporary certificates of occupancy
Source version current through Oct 7, 2026
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Oct 7, 2026
- Related Register notice
- DOS-39-22-00009-A · Adopted rule
- Related notice published
- Dec 28, 2022
- Related notice effective date
- Dec 30, 2022
Certificates of occupancy, certificates of compliance, and temporary certificates of occupancy
(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.
(b)A certificate of occupancy or certificate of compliance shall contain the following information:
(1)the building permit number, if any;
(2)the date of issuance of the building permit, if any;
(3)the name, address, and tax map number of the property;
(4)if the certificate of occupancy or certificate of compliance does not apply to an entire structure, a description of that portion of the structure for which the certificate of occupancy or certificate of compliance is issued;
(5)the use and occupancy classification of the structure;
(6)the type of construction of the structure;
(7)the occupant load of the assembly areas in the structure, if any;
(8)any special conditions imposed in connection with the issuance of the building permit;
(9)the signature of the official issuing the certificate of occupancy or certificate of compliance; and
(10)the date of issuance of the certificate of occupancy or certificate of compliance.
(c)At the discretion of the department, and upon written request of the owner, the department shall have the authority to issue temporary certificates of occupancy in accordance with this subdivision.
(1)A temporary certificate of occupancy may be issued prior to the completion of the work that is the subject of a building permit, if the department determines the following conditions have been met:
(i)the structure or portions thereof may be occupied safely;
(ii)any required fire and life safety components, such as fire protection equipment and fire, smoke, carbon monoxide, and heat detectors and alarms are installed and operational; and
(iii)all required means of egress from the structure have been provided.
(2)Temporary certificates of occupancy shall:
(i)include a specified period during which the owner shall undertake work to bring the structure into full compliance with applicable provisions of the Codes, not to exceed six months from the date of issuance;
(ii)specify the portion or portions of the building or structure that may be occupied pursuant to the temporary certificate of occupancy, and any special terms or conditions of such occupancy that the department may deem to be appropriate to ensure the health and safety of the persons occupying and using the building or structure and/or performing further construction work in the building or structure;
(iii)include the information identified in section 1202.5(b) of this Part; and
(iv)be renewable for successive periods each not to exceed six months.
(3)It may be necessary for the department to perform additional inspections at the expense of the owner of the building, structure, or work in order to determine that the building, structure, or work complies with section 1202.5(c)(1)(i) through (iii) of this Part.
(d)A certificate of occupancy, certificate of compliance, or temporary certificate of occupancy issued in error or on the basis of incorrect information shall be suspended or revoked if the relevant error or information is not corrected within a period of time specified by the department.
(e)The fee(s), if any, specified in or determined in accordance with section 1202.15 of this Part must be paid prior to, or at the time of each inspection performed or prior to the issuance of any certificate issued pursuant to this section.
19 NYCRR 1202.6 - Notification regarding fire or explosion
Source version current through Oct 7, 2026
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Oct 7, 2026
- Related Register notice
- DOS-39-22-00009-A · Adopted rule
- Related notice published
- Dec 28, 2022
- Related notice effective date
- Dec 30, 2022
Notification regarding fire or explosion
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 firefighting services shall promptly notify the department.
19 NYCRR 1202.7 - Unsafe structures and equipment and conditions of imminent danger
Source version current through Oct 7, 2026
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Oct 7, 2026
- Related Register notice
- DOS-39-22-00009-A · Adopted rule
- Related notice published
- Dec 28, 2022
- Related notice effective date
- Dec 30, 2022
Unsafe structures and equipment and conditions of imminent danger
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.
19 NYCRR 1202.8 - Earlier source heading: [Repealed]
Related State Register notice: Adopted rule DOS-39-22-00009-A. Published Dec 28, 2022. Notice effective date: Dec 30, 2022.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Related Register notice
- DOS-39-22-00009-A · Adopted rule
- Related notice published
- Dec 28, 2022
- Related notice effective date
- Dec 30, 2022
Current section text is not available here.
19 NYCRR 1202.9 - Earlier source heading: [Repealed]
Related State Register notice: Adopted rule DOS-39-22-00009-A. Published Dec 28, 2022. Notice effective date: Dec 30, 2022.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Related Register notice
- DOS-39-22-00009-A · Adopted rule
- Related notice published
- Dec 28, 2022
- Related notice effective date
- Dec 30, 2022
Current section text is not available here.
19 NYCRR 1202.10 - Earlier source heading: [Repealed]
Related State Register notice: Adopted rule DOS-39-22-00009-A. Published Dec 28, 2022. Notice effective date: Dec 30, 2022.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Related Register notice
- DOS-39-22-00009-A · Adopted rule
- Related notice published
- Dec 28, 2022
- Related notice effective date
- Dec 30, 2022
Current section text is not available here.
19 NYCRR 1202.11 - Earlier source heading: [Repealed]
Related State Register notice: Adopted rule DOS-39-22-00009-A. Published Dec 28, 2022. Notice effective date: Dec 30, 2022.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Related Register notice
- DOS-39-22-00009-A · Adopted rule
- Related notice published
- Dec 28, 2022
- Related notice effective date
- Dec 30, 2022
Current section text is not available here.
19 NYCRR 1202.12 - Earlier source heading: [Repealed]
Related State Register notice: Adopted rule DOS-39-22-00009-A. Published Dec 28, 2022. Notice effective date: Dec 30, 2022.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Related Register notice
- DOS-39-22-00009-A · Adopted rule
- Related notice published
- Dec 28, 2022
- Related notice effective date
- Dec 30, 2022
Current section text is not available here.