Introduction and definitions
Register checked through August 19, 2026/Vol. XLVIII, Issue 33
Later Register activity found — review the notice before relying on the compiled text.
Dates and status
- Compiling agency
- Department of State
- Text status
- Phase2b Dequote Reversal
- Register checked through
- August 19, 2026/Vol. XLVIII, Issue 33
- Activity status
- Later Register activity found — review the notice before relying on the compiled text.
- Latest notice
- DOS-33-26-00001-E · Emergency rule · Jul 30, 2026
- Source snapshot
- May 19, 2026
This stored compiled body is source-caveated. Its source-observation date and the separate State Register currentness check describe different evidence.
(a)Introduction.
Section 381 of the Executive Law directs the Secretary of State to promulgate rules and regulations for administration of the New York State Uniform Fire Prevention and Building Code and the New York State Energy Conservation Construction Code.
(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)Assembly area. An area in any building, or in any portion of a building, that is primarily used or intended to be used for gathering 50 or more persons for uses including, but not limited to, amusement, athletic, entertainment, social, or other recreational functions; patriotic, political, civic, educational, or religious functions; food or drink consumption; awaiting transportation; or similar purposes.
(2)Authority having jurisdiction. Any city, town, village, county, State agency, or other governmental unit or agency responsible for administration and enforcement of either or both of the codes.
(3)Building permit. A building permit, construction permit, demolition permit, or other permit that authorizes the performance of work.
(4)Certificate of compliance. A document issued by the authority having jurisdiction stating that work was done in compliance with approved construction documents and the codes.
(5)Certificate of occupancy. A document issued by the authority having jurisdiction certifying that the building or structure, or portion thereof, complies with the approved construction documents that have been submitted to, and approved by the authority having jurisdiction, and indicating that the building or structure, or portion thereof, is in a condition suitable for occupancy.
(6)Codes. The Uniform Code and Energy Code.
(7)Energy Code. The New York State Energy Conservation Construction Code, Subchapter B of Chapter XXXIII of this Title, adopted pursuant to article 11 of the Energy Law.
(8)FCNYS. The 2020 Fire Code of New York State as currently incorporated by reference in Part 1225 of this Title.
(9)Fire safety and property maintenance inspection. An inspection performed to determine compliance with the applicable provisions of Part 1225 of this Title and the publications incorporated therein by reference and the applicable provisions of Part 1226 of this Title and the publications incorporated therein by reference.
(10)Hazardous production materials. A solid, liquid, or gas associated with semiconductor manufacturing that has a degree-of-hazard rating in health, flammability, or instability of class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification of the Hazards of Materials for Emergency Response), and which is used directly in research, laboratory, or production processes which have, as their end product, materials that are not hazardous.
(11)Mobile food preparation vehicles. Vehicles that contain cooking equipment that produces smoke or grease-laden vapors for the purpose of preparing and serving food to the public. Vehicles intended for private recreation shall not be considered mobile food preparation vehicles.
(12)PMCNYS. The 2020 Property Maintenance Code of New York State as currently incorporated by reference in Part 1226 of this Title.
(13)RCNYS. The 2020 Residential Code of New York State as currently incorporated by reference in Part 1220 of this Title.
(14)Repair. The reconstruction, replacement, or renewal of any part of an existing building for the purpose of its maintenance or to correct damage.
(15)Sugarhouse. A building used, in whole or in part, for the collection, storage, or processing of maple sap into maple syrup and/or maple sugar.
(16)Uniform Code. The New York State Uniform Fire Prevention and Building Code, Subchapter A of Chapter XXXIII of this Title, adopted pursuant to Article 18 of the Executive Law.