New York regulations
Title 19 Part 1205
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Create a free account (no card) to open all 23 titles →19 NYCRR 1205.1 - Introduction
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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 code may be varied or modified. Such procedure is the subject of this Part.
19 NYCRR 1205.2 - Regional boards of review
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The regional boards of review previously created by the Secretary of State for the Uniform Code are continued. The regions previously designated for each of the boards by the Secretary of State are also continued. The secretary may, from time to time, alter the number of regional boards of review or redesignate the regions within which boards may exercise their powers, or both.
19 NYCRR 1205.3 - Membership
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(a)Each regional board of review shall be composed of five members, one of whom shall be a registered architect licensed to practice in this State, one of whom shall be a professional engineer licensed to practice in this State, one of whom shall have a background in building code enforcement, one of whom shall have a background in fire prevention, and one of whom shall be a businessman or lawyer. At least one of the five shall, in addition, be a local government official. Each member shall be a resident of the region of the board to which he is appointed.
(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 his term. The members of a regional board of review shall annually choose from among their number a chairman. Any member of a regional board of review may be removed by the secretary for inefficiency, neglect of duty, misconduct, or malfeasance in office. If a member is temporarily unavailable to attend upon his duties, the secretary, or the secretary's designee, may designate a corresponding member of any other regional board to perform those duties during the period of unavailability.
19 NYCRR 1205.4 - Powers and duties
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(a)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; provided, however, that any such variance or modification shall not substantially adversely affect provisions for health, safety, and security and that equally safe and proper alternatives may be prescribed. Each regional board of review shall also have the power to hear and decide appeals of any order or determination, or the failure within a reasonable time to make an order or determination, of an administrative official charged to enforce or purporting to enforce the Uniform Code.
(b)The board may vary or modify a provision or requirement of the Uniform Code where the party seeking the variance or modification has shown by the weight of the evidence that in the particular case before the board strict compliance with the particular provision or requirement:
(1)would create an excessive and unreasonable economic burden;
(2)would not achieve the code's intended objective;
(3)would inhibit achievement of some other important public policy;
(4)would be physically or legally impracticable;
(5)would be unnecessary in light of alternatives which ensure the achievement of the code's intended objective or in light of alternatives which, without a loss in the level of safety, achieve the code's intended objective more efficiently, effectively, or economically; or
(6)would entail a change so slight as to produce a negligible additional benefit consonant with the purposes of the code.
(c)In cases before a regional board of review on appeal, the board may fashion suitable remedies so as to do justice among the parties, including but not limited to:
(1)where an order or determination has been made, sustaining, reversing, or modifying, in whole or in part, such order or determination; and
(2)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.
19 NYCRR 1205.5 - Practice of Boards of Review
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(a)Routine cases. A routine case is one determined by the department to involve either: a de minimis variance or modification of the Uniform Code that does not substantially affect the code's provisions for health, safety, and security; or a request for a variance from a construction-permitting agency, as defined in section 1204.3 (e) of Part 1204 of this Title, that is based on a substantially similar petition previously granted by the department or the board of review. In determining whether a petition is substantially similar, the department may consider any relevant factors including but not limited to the applicable code provisions, design criteria, and geographic location. 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. (1) Any person aggrieved may petition the department for relief under this subdivision. 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: (i) the fee(s) specified in or determined in accordance with section 1205.6 of this Part; (ii) a statement of the nature of the grievance and the relief sought in sufficient detail as would permit the department to make a determination on the basis of the information contained within the petition; (iii) where necessary, construction documents (drawings and/or specifications), site plans, and descriptions of buildings and their histories; (iv) an explanation of the facts supporting the criteria upon which the petitioner relies as a basis for relief; and (v) if applicable, a copy of the substantially similar variance decisions previously granted by the department or the board of review and an explanation of how the proposed variance is comparable, including but not limited to the petitioner arranging for the review of the request by experts and consultants with qualifications comparable to independent design professionals, at the department's discretion. (2) Upon receipt of a petition for a routine case, the department shall review the petition for completeness to determine whether it has sufficient detail to permit the department to make a determination on the basis of the information contained within the petition. (i) If the department deems the petition complete, the department shall consider the evidence offered, make findings of fact and conclusions of law, and render its decision in writing. (ii) If the department deems the petition 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) The department shall serve a copy of the decision on the petitioner, the administrative official authorized to enforce the Uniform Code, and any other interested parties by either first-class mail or electronic mail. Unless the department receives a written objection from the petitioner or any aggrieved person within 15 days of receipt of the department's decision, the decision shall become final. A decision shall be filed, indexed, and distributed in the same manner as a decision of the boards of review. The department's timely receipt of a written objection shall cause the decision to be without force and effect, and the matter to which it pertains shall be transmitted to a board of review for proceedings de novo in accordance with section 1205.4 of this Part. (b) Alternative compliance cases. An alternative compliance case is one in which the petitioner proposes, as an alternative to strict compliance with the design, construction, and maintenance provisions or requirements of the Uniform Code, the use of the design, construction, and maintenance provisions or requirements of a nationally recognized standard or code that is not expressly allowed by the version of the Uniform Code in effect at the time of petition. Such alternative shall show to the satisfaction of the department that: strict compliance with specific provisions or requirements of the Uniform Code would be unnecessary in light of the alternative; such alternative ensures the achievement of the Uniform Code's intended objective; and such alternative does not substantially adversely affect provisions for health, safety, and security in comparison to that provided by strict adherence to the Uniform Code. (1) Any person aggrieved may petition the department for relief of any provision or requirement of the Uniform Code under this subdivision for an alternative compliance case. The petition shall be submitted to the department on a form prescribed by the department and shall include the following: (i) the fee(s) specified in or determined in accordance with section 1205.6 of this Part; (ii) the specific provisions and requirements of the Uniform Code to which a variance or modification is sought; (iii) the specific alternative compliance measures proposed, including the edition of the proposed alternative code or standard to be used, a detailed description and analysis of how the alternative compliance measures meet the requirements of the proposed alternative code or standard, and evidence substantiating that the modifications or alternative design do not substantially adversely affect provisions for health, safety, and security in comparison to that provided by strict adherence to the Uniform Code; (iv) the name and qualifications of the design professional, licensed and registered to practice in the State of New York, who designed the alternative compliance measures to meet the requirements of the proposed alternative code or standard; (v) the name and qualifications of an independent design professional, licensed and registered to practice in the State of New York, who performed a peer review of the alternative compliance measures to ensure compliance with the requirements of the proposed alternative code or standard; (vi) the names and contact information of any authorities having jurisdiction and any other parties identified by the petitioner or the department as interested parties. (vii) the results of the peer review including a statement, affirming that the design professional is an independent design professional within the meaning of this Part, as to whether the modifications or alternative design substantially adversely affect provisions for health, safety, and security in comparison to that provided by strict adherence to the Uniform Code; (viii) where necessary, construction documents (drawings and/or specifications), construction document evidence, site plans, and descriptions of buildings and their histories; and (ix) a succinct list of all alternative compliance measures and identification of specific locations in the plans where information on these measures is located. (2) A petitioner may choose to submit an alternative compliance case as a complete petition under paragraph (1) of this subdivision, or in two stages, including a conceptual submission and a final submission, under this paragraph. (i) The conceptual submission shall be submitted to the department on a form prescribed by the department and shall include the following: (a) the fee(s) specified in or determined in accordance with section 1205.6 of this Part; (b) conceptual description(s) of the specific provisions and requirements of the Uniform Code to which a variance or modification is sought; (c) conceptual description(s) of proposed alternative compliance measures; (d) the name and qualifications of the design professional, who will design the alternative compliance measures; (e) the name and qualifications of the independent design professional, who will perform a peer review of the alternative compliance measures; and (f) the names and contact information of any authorities having jurisdiction and any other parties identified by the petitioner or the department as interested parties. (ii) Following receipt and review of a conceptual submission, the department shall issue, in writing to the petitioner and all interested parties, a response as to whether preliminary approval has been granted as to the selected design professionals and their qualifications and the proposed alternative code or standard to be used. The issuance of a preliminary approval by the department shall not guarantee a final approval of the petition. (iii) Following conceptual submission, a final submission shall be submitted to the department on a form prescribed by the department and shall include the following: (a) the fee(s) specified in or determined in accordance with section 1205.6 of this Part; (b) any updated information to the conceptual submission; (c) the specific alternative compliance measures proposed, including the edition of the proposed alternative code or standard to be used, a detailed description and analysis of how the alternative compliance measures meet the requirements of the proposed alternative code or standard, and evidence substantiating that the modifications or alternative design do not substantially adversely affect provisions for health, safety, and security in comparison to that provided by strict adherence to the Uniform Code; (d) results of the peer review including a statement, affirming that the design professional is an independent design professional within the meaning of this Part, as to whether the modifications or alternative design substantially adversely affect provisions for health, safety, and security in comparison to that provided by strict adherence to the Uniform Code; (e) where necessary, construction documents (drawings and/or specifications), construction document evidence, site plans, and descriptions of buildings and their histories; and (f) a succinct list of all compliance measures and identification of specific locations in the plans where information on these measures is located. (3) At the discretion of the department, one or more conferences may be scheduled with the department. The petitioner, design professional of record, the independent design professional, and all parties listed on the submission shall be notified and given the opportunity to attend, pose questions, and provide answers to the satisfaction of the department. These conferences may be requested by the petitioner or the department at any time prior to the final determination. In collaboration with the petitioner, design professional of record, the independent design professional, and the authority having jurisdiction, the department shall have the authority to fashion suitable additional mitigating requirements deemed necessary by the department in order to render a decision or determine that the proposed alternative does not substantially adversely affect provisions for health, safety, and security in comparison to that provided by strict adherence to the Uniform Code. (4) Upon receipt of a petition for an alternative compliance case, the department shall review the petition for completeness to determine whether it has sufficient detail to permit the department to make a determination on the basis of the information contained within the petition. (i) If the petition is deemed complete, the department shall consider the evidence offered, make findings of fact and conclusions of law, and render its decision in writing. (ii) If the petition is deemed incomplete, or the department determines that additional information is required, the department shall notify the petitioner of the information required for completeness. If, after notice that the petition is incomplete or additional information is required, 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. In the case of petitions which are submitted in two stages: if, once the first (conceptual) stage is completed, no additional information is forthcoming and the file has remained inactive for a period exceeding 180 days after notice, the department may, at its discretion, dismiss the matter for neglect to proceed, but without prejudice to any subsequent petition. (5) The department shall serve a copy of the decision on the petitioner, the administrative official authorized to enforce the Uniform Code, and any other interested parties (as provided by the petitioner in their submission) by either first-class mail or electronic mail. A decision shall be filed, indexed, and distributed in the same manner as a decision of the boards of review.
19 NYCRR 1205.6 - Routine cases
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(a)A routine case is one determined by the department to involve a
de minimus variance or modification that does not substantially affect the code's provisions for the health, safety and security.
(b)If the department determines to treat a case as a routine case under this section, it shall make the decision rather than a board of review, and shall consider the evidence offered, make findings of fact and conclusions of law, and render its decision in writing. Unless objected to by the petitioner or respondent in a writing received by the department, the decision shall become final after 15 days of receipt of the decision by the parties. A decision shall be filed, indexed, and distributed in the same manner as a decision of the boards of review. A decision timely objected to shall be without force and effect, and the matter to which it pertains shall be transmitted to a board of review for proceedings
de novo in accordance with the preceding section.
19 NYCRR 1205.7 - Fees
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Applications for routine variances to the department shall be accompanied by a $50 fee, and petitions to a regional board of review shall be accompanied by the following fees:
(a)Petitions related to construction, alteration, or renovation of residential or agricultural occupancies involving no more than one structure with no more than two dwelling units
$ 50
(b)Petitions related to construction, alteration, or renovation of other buildings and structures:
(1)not more than 8,000 square feet
$100
(2)more than 8,000 square feet but not more than 25,000 square feet
$300
(3)more than 25,000 square feet but not more than 50,000 square feet
$500
(4)more than 50,000 square feet
$1,000
(c)Petitions related to maintenance or use of buildings or materials and any petition not otherwise provided for above
$100.