Title 19 Part 1204

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:

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.

This Part shall take effect June 1, 1990.

The New York State Uniform Fire Prevention and Building Code.

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.

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.

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.

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.

The effective control of a building or structure.

The Secretary of State.

State agency shall include the Office for Technology.

An integrated statewide communications system intended to link State and local first responders to each other and to allow State and local first responders to communicate reliably during emergency situations, as contemplated by section 402(1)(a) of the State Technology Law. The term statewide wireless network shall include such communications system as originally developed and constructed and as thereafter extended, improved, upgraded, or otherwise modified from time to time.

Any tower, antenna, or equipment which is used or intended to be used in the operation of the statewide wireless network, and any building or structure which is constructed specifically for the purpose of supporting or containing any such tower, antenna, or equipment.

A building or structure which is not a statewide wireless network facility (

i.e.,

which was not constructed specifically for the purpose of supporting or containing a tower, antenna, or equipment which is used or intended to be used in the operation of the statewide wireless network), but which has a statewide wireless network facility constructed or installed thereon or therein. For example, if a tower, antenna, and equipment used or intended to be used in the operation of the statewide wireless network, and a building or structure which will contain such equipment or support such tower, are constructed on the top of an existing office building, then:

A written document permitting a building or a portion thereof to be occupied for a temporary period notwithstanding the fact that construction of the building may not be complete or that violations of the code remain unresolved.

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.

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.

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.

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.

Where a State authority or public benefit corporation participates in the construction of a new building or in the conversion, alteration, addition, or repair of an existing building and where upon its completion such building will be in the custody of an entity other than a State agency, administration and enforcement of the Uniform Code with respect to the construction, conversion, alteration, addition or repair will be the responsibility of the code enforcement agency generally performing those functions at the location of the work. The responsibility of a local code enforcement agency may be suspended during the period of the work if, acting pursuant to an express statutory grant, the authority or public benefit corporation exercises such discretion. In that event, a construction-permitting agency will be responsible for administration and enforcement of the Uniform Code with regard to the particular project. If previously designated as a construction-permitting agency, the particular authority or public benefit corporation participating in the project may serve as the agency responsible for administration and enforcement of the code. A construction-permitting agency will be similarly responsible where the Uniform Code is applied in lieu of local building construction regulations. Upon completion of the work, administration and enforcement of the Uniform Code will revert to the local agency ordinarily responsible for same.

With regard to buildings on property acquired by the Department of Transportation for proposed transportation projects and which are the subject of permits issued by the Real Estate Division allowing use of the building by private entities until the property is needed for the construction of the transportation project, it shall be the responsibility of the occupants of such buildings to ensure that the building complies with applicable provisions of the Uniform Code. The local code enforcement agency ordinarily responsible for code enforcement where the building is located shall be responsible for administration and enforcement of the Uniform Code with regard to the particular building. Such responsibility shall include providing for the performance of periodic fire safety inspections of the building in accordance with a schedule established by the local enforcement agency for the particular category of the building. Upon the termination of a permit allowing the private use of a building under the supervision of the Real Estate Division, the Department of Transportation shall assume responsibility for ensuring that such building is maintained in compliance with applicable provisions of the Uniform Code and that periodic fire safety inspections of each building are conducted in accordance with the schedule established in section 1204.12 of this Part.