New York Codes, Rules and Regulations (NYCRR)
Title 19 Part 1205
Department of State
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19 NYCRR 1205.1 - Introduction, definitions, and scope.
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-13-23-00003-A · Adopted rule
- Related notice published
- Jun 28, 2023
- Related notice effective date
- Jun 28, 2023
Introduction, definitions, and scope.
(a)Introduction. Section 381 of the Executive Law directs the Secretary of State to promulgate rules and regulations for the administration of the Uniform Fire Prevention and Building Code (Uniform Code), including the establishment of a procedure whereby any provision or requirement of the Uniform Code may be varied or modified. Such procedures are the subject of this Part.
(b)Definitions. Unless otherwise expressly stated, for the purposes of this Part, the following terms shall be deemed to have the meanings shown in this subdivision:
(1)Authority having jurisdiction. Any city, town, village, county, state agency, or other governmental unit or agency responsible for administration and enforcement of the Uniform Code.
(2)Construction document evidence. Evidence that all construction documents were prepared by a design professional, including, but not limited to, the design professional’s seal which clearly and legibly shows both the design professional’s name and license number and is signed by the design professional whose name appears on the seal in such a manner that neither the name nor the number is obscured in any way, the design professional’s registration expiration date, the design professional’s firm name (if not a sole practitioner), and, if the documents are submitted by a professional engineering firm and not a sole practitioner professional engineer, the firm’s Certificate of Authorization number.
(3)Department. The New York State Department of State.
(4)Design professional. A licensed and registered architect in accordance with Article 147 of the New York State Education Law or a licensed and registered professional engineer in accordance with Article 145 of the New York State Education Law.
(5)Independent design professional. A design professional, licensed and registered to practice in the State of New York, who assumes the peer review responsibilities set forth in alternative compliance cases, and who is not an employee, coworker, partner, or subcontractor of the designer of the subject project. An independent design professional is one who does not engage in any activities that may conflict with their objective judgment and integrity, including but not limited to having a financial and/or other interest in the design, construction, installation, manufacture, or maintenance of the buildings or components that they are reviewing.
(6)Secretary. The Secretary of State, or their designee.
(c)Scope. The procedures set forth in this Part shall apply to variances or modifications of provisions or requirements of the Uniform Code only and shall not apply to variances or modifications of any standard or requirement of the State Energy Conservation Construction Code (Energy Code). Pursuant to Section 11-106 of the Energy Law, an application for a variance or modification of any standard or requirement of the Energy Code shall be made to the secretary.
19 NYCRR 1205.2 - Regional board of review membership requirements and terms.
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-13-23-00003-A · Adopted rule
- Related notice published
- Jun 28, 2023
- Related notice effective date
- Jun 28, 2023
Regional board of review membership requirements and terms.
(a)The regional boards of review previously created by the secretary for the Uniform Code and the regions previously designated for each of the boards by the secretary are continued, unless otherwise modified pursuant to subdivision (c) of this section. Each regional board of review shall be composed of five members, all of which shall be a resident of the region of the board to which they are appointed, except as otherwise provided in this section, and shall be comprised of each of the following:
(1)a licensed and registered architect in accordance with Article 147 of the New York State Education Law;
(2)a licensed and registered professional engineer in accordance with Article 145 of the New York State Education Law;
(3)an individual with a background in building code enforcement;
(4)an individual with a background in fire prevention; and
(5)a businessperson or lawyer.
(b)The members of a regional board of review shall be appointed by the secretary to serve staggered three-year terms. An appointment to fill a vacancy shall be made in the manner of the original appointment for the unexpired term. A member may be reappointed at the expiration of their term. The members of each regional board of review shall annually choose a chairperson from among their members.
(c)The secretary shall have the power and authority to:
(1)alter the number of regional boards of review;
(2)redesignate the regions within which boards may exercise their powers;
(3)designate a member of any regional board of review to participate in another regional board of review in order to establish a quorum, to address any conflicts of interest, or for any other reason deemed necessary by the secretary; and
(4)remove any member of a board of review for inefficiency, neglect of duty, misconduct, or malfeasance in office.
19 NYCRR 1205.3 - Powers and duties.
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-13-23-00003-A · Adopted rule
- Related notice published
- Jun 28, 2023
- Related notice effective date
- Jun 28, 2023
Powers and duties.
(a)Regional Board of Review.
(1)Variances. Each regional board of review shall have the power to vary or modify, in whole or in part, any provision or requirement of the Uniform Code in cases where strict compliance with such provision or requirement would entail practical difficulties or unnecessary hardship or would otherwise be unwarranted. Any such variance or modification shall not substantially adversely affect provisions for health, safety, and security; and equally safe and proper alternatives may be prescribed. When deciding whether to approve a variance or modification, the board of review shall have the authority to fashion suitable additional mitigating requirements
as a condition to granting the variance or modification, so as to protect the building occupants from the hazards of fire and inadequate building construction. The party seeking the variance or modification shall show by the weight of the evidence that, in the particular case before the board of review, strict compliance with the particular provision or requirement:
(i)would create an excessive and unreasonable economic burden;
(ii)would not achieve the Uniform Code's intended objective;
(iii)would inhibit achievement of some other important public policy;
(iv)would be physically or legally impracticable;
(v)would be unnecessary either in light of alternatives which ensure the achievement of the Uniform Code's intended objective or in light of alternatives which, without a loss in the level of safety, achieve the Uniform Code's intended objective more efficiently, effectively, or economically; or
(vi)would entail a change so slight as to produce a negligible additional benefit consonant with the purposes of the Uniform Code.
(2)Appeals. Each regional board of review shall have the power to hear and decide appeals. An appeal may be of any order or determination, relating directly to the provisions of the Uniform Code, of an administrative official authorized to enforce the Uniform Code, or the failure of an administrative official to make such an order or determination within a reasonable amount of time. The board of review may fashion suitable remedies so as to do justice among the parties, including but not limited to:
(i)where an order or determination has been made, sustaining, reversing, or modifying, in whole or in part, such order or determination; and
(ii)where an order or determination has not been made within a reasonable time, making any such order or determination or directing that any orders, determinations, permits, or authorizations be issued.
(b)Department of State. The department shall have the sole discretion to determine whether a petition for a variance shall be a routine case, an alternative compliance case, or referred to a board of review. At the department’s discretion, in making this determination the department may coordinate with the petitioner, the authority having jurisdiction, and any known interested parties.
(c)Secretary of State. The secretary shall have the power and authority to evaluate and make determinations on petitions for routine cases and alternative compliance cases, in accordance with section 1205.5 of this Part.
19 NYCRR 1205.4 - Regional Board of Review Procedures.
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-13-23-00003-A · Adopted rule
- Related notice published
- Jun 28, 2023
- Related notice effective date
- Jun 28, 2023
Regional Board of Review Procedures.
(a)Any person aggrieved may petition the regional board of review for relief of any provision or requirement of the Uniform Code under this Part. The petition shall be submitted to the department on a form prescribed by the department and shall include, at a minimum, all of the following:
(1)the fee(s) specified in or determined in accordance with section 1205.6 of this Part;
(2)identification of the nature of the grievance, including specific provisions or requirements of the Uniform Code that the case is seeking to vary or modify;
(3)where necessary, electronic submission of construction documents (drawings and/or specifications), site plans, and descriptions of buildings and their histories, or where paper copies are required, copies in such number as the department may require;
(4)evidence substantiating that strict compliance with the specific provisions or requirements would entail practical difficulties or unnecessary hardship or would otherwise be unwarranted; and
(5)evidence substantiating that strict compliance with the particular provision or requirement satisfies one or more of the items identified in section 1205.3(a) of this Part.
(b)Any person aggrieved may petition the regional board of review for an appeal. An appeal may be of any order or determination, relating directly to the provisions of the Uniform Code, of an administrative official authorized to enforce the Uniform Code, or the failure of an administrative official to make an order or determination within a reasonable amount of time. The petition shall be submitted to the department on a form prescribed by the department, together with copies in such number as the department may require, and shall include, at a minimum, all of the following:
(1)the fee(s) specified in or determined in accordance with section 1205.6 of this Part;
(2)identification of the nature of the appeal; and
(3)where necessary, construction documents (drawings and/or specifications), site plans, and descriptions of buildings and their histories.
(c)Upon receipt of a petition for a variance or appeal, the department shall review the petition for completeness to determine that it has sufficient detail to permit the board of review to make a determination on the basis of the information contained within the petition. A petition shall be deemed received only after the department has determined that the information contained within the petition is sufficient to state matters within the jurisdiction of the regional boards of review.
(1)If the petition is complete, the department shall:
(i)determine to which board of review the petition shall be transmitted and transmit the petition, and any materials received by the department in relation to the petition, to such board of review for a decision on the written record or for a decision after a hearing; and
(ii)serve or cause the petitioner to serve copies of the petition upon such other parties and persons as the department may determine, including but not limited to the authority having jurisdiction and any known interested parties. The department shall also cause notice of the receipt of any petition to be published in the State Register together with a summary of the petition. In addition to any information required by other law, such notice shall also state where the petition may be reviewed and that interested persons may request actual notice of any hearing proposed to be held on the petition.
(2)If the petition is incomplete, the department shall notify the petitioner of the information required for completeness. If, after notice that the petition is incomplete, no additional information is forthcoming and the file has remained inactive for a period exceeding 90 days, the department may dismiss the matter for neglect to proceed, but without prejudice to any subsequent petition.
(3)In determining to which board of review a particular petition shall be transmitted, the department shall consider: the region wherein the petition arises, the convenience of parties or witnesses, who has custody and ownership of the building(s), and who has jurisdiction over the enforcement of the Uniform Code for the buildings and/or activities which are the subject of the petition. The department may, upon the request of a party, upon the request of a member of a board of review, or upon its own initiative, transfer a petition to
another board of review. The department may effect such transfer to correct a mistake in the choice of the forum, to avoid conflicts of interest or the appearance of impropriety, for the convenience of parties or witnesses, or for other good cause shown.
(4)A hearing under this Part shall be at the discretion of the department and the board of review. Where a hearing is to be held, the department shall provide notice thereof to the parties, such interested persons as the department shall have been able to determine, and any other persons who have requested notice. The board of review may regulate the course of the hearing and require the presentation of evidence in such manner and order as may be most beneficial to the board of review. To the extent not inconsistent with this Part, practice before a board of review shall be guided by the Civil Practice Law and Rules.
(d)Regardless of the form of the evidence and the manner of its presentation, the burden of proof shall be on the petitioner to show that they are entitled to any relief. The petitioner shall provide the board of review with facts which demonstrate the burden imposed by strict compliance and with facts as to the safety and propriety of any alternative to strict compliance.
(e)The regional board of review may state its decision in the record at any meeting of the board. The decision of the board shall be reduced to writing, signed by the chairperson, and shall set forth the board's findings and conclusions and the relief granted, if any. Petitions shall be decided within 60 days of completeness unless a longer period is required for good cause shown. Copies of the written decision shall be provided to the parties within a reasonable time after the determination. A copy shall be filed and available for public inspection and copying at the Department of State, which shall keep a record of all decisions properly indexed.
19 NYCRR 1205.5 - Earlier source heading: Practice of Boards of Review
Related State Register notice: Adopted rule DOS-04-25-00020-A. Published Apr 30, 2025. Notice effective date: Apr 30, 2025.
Source version current through Apr 30, 2025
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Apr 30, 2025
- Related Register notice
- DOS-04-25-00020-A · Adopted rule
- Related notice published
- Apr 30, 2025
- Related notice effective date
- Apr 30, 2025
Current section text is not available here.
19 NYCRR 1205.6 - Fees.
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-13-23-00003-A · Adopted rule
- Related notice published
- Jun 28, 2023
- Related notice effective date
- Jun 28, 2023
Fees.
The Department of State Variance Fee Schedule (publication date: November 2022) published by the department is incorporated herein by reference. Copies of the Department of State Variance Fee Schedule
(publication date: November 2022) may be obtained from the department and is available on the department’s website and for public inspection and copying at the following address: New York State Department of State Division of Building Standards and Codes One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001.
19 NYCRR 1205.7 - Fees
Related State Register notice: Adopted rule DOS-13-23-00003-A. Published Jun 28, 2023. Notice effective date: Jun 28, 2023.
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-13-23-00003-A · Adopted rule
- Related notice published
- Jun 28, 2023
- Related notice effective date
- Jun 28, 2023
Current section text is not available here.