Title 9 Part 502

This Part promulgates the regulations governing construction, maintenance and use of fallout shelters applicable to family fallout shelters and the regulations governing construction, maintenance and use of fallout shelters applicable to group fallout shelters (Appendix L-1).

The contents of this Part are identified by a letter prefix before the number of each section:

Family Fallout Shelters AS

Group Fallout Shelters GS

The appendix^* to this Part contains standards that provide acceptable methods of compliance with this Part. However, other construction methods, materials and building equipment which meet the performance requirements of this Part are acceptable.

Any fallout shelter constructed or installed or proposed to be constructed or installed shall comply with the standards and requirements established in the regulations governing construction, maintenance and use of fallout shelters. Compliance with the regulations governing construction, maintenance and use of fallout shelters shall be deemed to accomplish the following:

The State Civil Defense Director shall be responsible for the Statewide administration and interpretation of the regulations governing construction, maintenance and use of fallout shelters.

A fallout shelter constructed in conformity with the provisions of the regulations governing construction, maintenance and use of fallout shelters shall, notwithstanding any provisions of law to the contrary, be deemed to comply with the applicable building code, Multiple Dwelling Law, Multiple Residence Law, or other law as defined in section 3 of the State Defense Emergency Act relating to the construction, maintenance and use of buildings, structures or other real property, and to the control of land uses.

Local administration and enforcement of the regulations governing construction, maintenance and use of fallout shelters shall be the responsibility of appropriate local officials. The department, bureau, division, agency or person, including any joint agency, or a county, city, town or village, charged with the enforcement of the applicable building code, Multiple Dwelling Law, Multiple Residence Law or other law, as defined in section 3 of the State Defense Emergency Act, relating to the construction, maintenance and use of buildings, structures or other real property, shall be responsible for the enforcement of the provisions of the regulations governing construction, maintenance and use of fallout shelters.

The procedure for review by an owner in the event of failure by an appropriate body to grant a fallout shelter application shall be in the manner provided by law for appeals from determinations by the appropriate body in enforcing the Multiple Dwelling Law, Multiple Residence Law, the State Building Construction Code (Chapter I of Subtitle S of Title 9 of the Codes, Rules and Regulations of the State of New York), or any other provision of law relating to the construction, maintenance or use of buildings, structures or other real property.