§ 378 — Standards for New York state uniform fire prevention and building code

New York § 378

• Jurisdiction: New York
• Law EXC: Executive
• Art. 18: New York State Uniform Fire Prevention and Building Code Act

Text

§ 378. Standards for New York state uniform fire prevention and\nbuilding code. The uniform code shall address the following subjects:\n 1. Standards for the construction of all buildings or classes of\nbuildings, or the installation of equipment therein, including standards\nfor materials to be used in connection therewith, and standards for\nsafety and sanitary conditions. Notwithstanding the above, sleeping\nquarters in a children's overnight camp as defined in subdivision one of\nsection thirteen hundred ninety-two of the public health law shall be\ngoverned by subdivision one of section thirteen hundred ninety-four of\nsuch law.\n 1-a. a. Standards for the construction of all new buildings and for\nthe construction or renovation of existing buildings that undergo a\nsubstantial improvement, as defined by the council, located wholly or\npartially in an area designated on the applicable Federal Emergency\nManagement Agency ("FEMA") flood insurance rate map, as amended from\ntime to time, as a Special Flood Hazard Area or Moderate Risk Flood\nHazard Area, for the purposes of safeguarding life and property therein\nand thereabout from the hazards of sea level rise, flooding, saltwater\ncorrosion, coastal or riparian erosion, storms, and other degradation\nthat may arise out of characteristics of the coastal environment.\n b. The standards in paragraph a of this subdivision shall (i) be\ndeveloped to address future physical climate risk due to sea level rise,\nand/or storm surges and/or flooding, based on available data from\nnationally recognized sources or data produced by state agencies based\non nationally recognized procedures, analysis, and studies predicting\nthe likelihood of extreme weather events, including hazard risk analysis\ndata if applicable, and after consultation with the department of\nenvironmental conservation, and (ii) if appropriate, provide for regular\ninspection, and repair, as necessary, of the interior structural\nelements of buildings.\n 2. Standards for the condition, occupancy, maintenance, conservation,\nrehabilitation and renewal of certain existing buildings, structures and\npremises and for the safeguarding of life and property therein and\nthereabout from the hazards of fire, explosion or release of toxic gases\narising from the storage, handling or use of combustible or hazardous\nsubstances, materials or devices.\n 3. Standards for passenger elevators to promote uniformity and ease of\nuse for individuals with disabilities including, but not limited to:\n a. placement and identification of operating controls,\n b. door jamb markings,\n c. operation and leveling features,\n d. operation, width, and safety features for doors,\n e. hall buttons, and\n f. hall lanterns.\n 3-a. a. Standards for emergency planning and preparedness for\nhigh-rise buildings that address the needs of individuals with\ndisabilities which shall be developed in consultation with organizations\nthat advocate on behalf of individuals with disabilities to be\nidentified by the department of state in consultation with the office of\nthe chief disability officer.\n b. The standards to be developed shall consider but not be limited to:\n (i) procedures for evacuating individuals with disabilities;\n (ii) if it is necessary for the fire safety and emergency evacuation\nplan that the owner or the owner's agent shall establish and maintain to\ninclude a list of names and room numbers for individuals with\ndisabilities who have affirmatively notified the owner or the owner's\nagent that they are disabled, would require assistance in the event of\nan emergency and have requested that their names and room numbers be\nincluded in such list;\n (iii) if it is necessary for the fire safety and emergency evacuation\nplan that the owner or the owner's agent shall establish and maintain to\ninclude a notification mechanism to the occupants that a list of\nindividuals with disabilities who would need assistance in case of an\nemergency may exist and is maintained by the owner or the owner's agent,\nthat such list would include only those individuals who have requested\ninclusion, that such list would be made available to building staff and\nmanagement as well as local law enforcement and fire safety personnel,\nand the method by which occupants can affirmatively place their name on\nsuch list;\n (iv) if it is necessary for the fire safety and emergency evacuation\nplan that the owner or the owner's agent shall establish and maintain to\ninclude information on the location and type of evacuation assistance\ndevices or assistive technologies that are available within the\nbuilding; and\n (v) if it is necessary for the fire safety and emergency evacuation\nplan that the owner or the owner's agent shall establish and maintain to\ncontain floor plans identifying the locations of accessible egress\nroutes, including areas of refuge and exterior areas for assisted care.\n c. Notwithstanding any provision of law to the contrary, standards\ndeveloped pursuant to this subdivision shall specify that:\n (i) it shall be the duty of every owner of a high-rise building, or of\nthe owner's agent, to establish and maintain a fire safety and emergency\nevacuation plan as provided for in this subdivision;\n (ii) the owner or owner's agent shall make the fire safety and\nemergency evacuation plan available in the building for reference and\nreview by building management and staff, subject to paragraph h of this\nsubdivision, and by building occupants, provided that if any such plan\nis required to include a list of individuals with disabilities who have\naffirmatively notified the owner or the owner's agent that they are\ndisabled, would need assistance in the case of an emergency, and have\nrequested that their names and room numbers be included in such list,\nbuilding occupants shall not be given access to any such list of\nindividuals with disabilities and their room numbers;\n (iii) copies of the fire safety and emergency evacuation plan shall be\nprovided to local law enforcement and fire safety personnel upon\nrequest; and\n (iv) the fire safety and emergency evacuation plan shall be made\navailable in a large-print document (18-point font size or larger);\nBraille (Grade II); and/or any other alternative formats upon request,\nsubject to the limitations on dissemination to building occupants of any\nlist of individuals with disabilities and their room numbers contained\nin subparagraph (ii) of this paragraph.\n d. A copy of the fire safety and emergency evacuation plan shall be\nmaintained at all times in a place easily accessible by law enforcement\nand/or fire safety personnel. Such a place may include but is not\nlimited to the management office, the security desk, in the vicinity of\nthe firefighter's elevator recall key, the life safety panel, or the\nfire pump room.\n e. On an annual basis, every high-rise building owner or the agent of\nsuch owner shall update the fire safety and emergency evacuation plan\nand provide occupants with a notice detailing the provisions of the fire\nsafety and emergency evacuation plan.\n f. As used in this subdivision, "high-rise building" means a building\nwith an occupied floor located more than seventy-five feet above the\nlowest level of fire department vehicle access.\n g. Notwithstanding any other provision of this subdivision, (i) this\nsubdivision shall not apply to hospitals as defined in subdivision one\nof section twenty-eight hundred one of the public health law, assisted\nliving residences licensed under article forty-six-B of the public\nhealth law, and adult care facilities licensed under article seven of\nthe social services law; and (ii) residential high-rise buildings whose\nunits are limited to households containing residents fifty years of age\nand older and that have implemented specialized evacuation plans in\nconsultation with local first responders may use those plans to satisfy\nthe requirements of this subdivision.\n h. Any building management, building staff, local law enforcement and\nfire safety personnel who receive, as part of or in connection with a\nfire safety and emergency evacuation plan developed pursuant to this\nsubdivision, a list of individuals with disabilities who require\nassistance in the event of an emergency shall maintain the\nconfidentiality of the information in such list and shall use and\ndisclose it only for purposes permitted pursuant to this subdivision or\nany standards developed pursuant to this subdivision.\n 4. Standards for areas of public assembly requiring:\n a. approved fire protection equipment and systems shall be installed;\n b. interior finishes shall be of appropriate grade to materially\nretard the spread of smoke and flame, taking into consideration the fire\nprotection equipment and systems in place, and shall be maintained in\nthat condition;\n c. no combustible material shall be placed in such amounts and\nlocations as would cause existing fire protection equipment and systems\nto be substantially overburdened, nor shall any material be placed in\nsuch manner as would cause safe exit to be significantly impeded; and\n d. incorporation of the retroactivity provisions of article\neighteen-AA of this chapter.\n e. for buildings included in group C5 of paragraph (f) of section\n900.2 of title nine of the official compilation of codes, rules and\nregulations of the state of New York, that water closets and urinals\nprovided for occupants, based upon capacity, shall be deemed sanitary\nfixtures and shall be distributed on a basis such that the number of\nsuch sanitary fixtures provided in rest facilities for men shall be\nequal to the number of water closets provided in rest facilities\nprovided for women in buildings with an occupancy of four hundred or\nless. For buildings consisting of more than four hundred occupants, an\nadditional water closet shall be added to a rest facility provided for\nwomen for each sanitary fixture added to a similarly situated rest\nfacility provided for men.\n The standards shall include provisions for the type, number, spacing\nand location of fire protection equipment and systems, the\nclassification and maintenance of interior finishes, and the\naccumulation of materials.\n 5. Standards for hotels, motels and lodging houses, requiring that a\nnotice be posted in a prominent place in each guest room, including but\nnot limited to the following information:\n a. location of nearest exits and fire alarms;\n b. procedures to be followed when the fire or smoke detector gives\nwarning; and\n c. procedures to be followed in the event of fire or smoke\ndevelopment.\n 5-a. Standards for installation of carbon monoxide detectors requiring\nthat every one or two-family dwelling, or any dwelling accommodation\nlocated in a building owned as a condominium or cooperative in the state\nor any multiple dwellings shall have installed an operable carbon\nmonoxide detector of such manufacture, design and installation standards\nas are established by the council. Carbon monoxide detectors required by\nthis section are required only where the dwelling unit has appliances,\ndevices or systems that may emit carbon monoxide or has an attached\ngarage. For purposes of this subdivision, multiple dwelling means a\ndwelling which is either rented, leased, let or hired out, to be\noccupied, or is occupied as the temporary or permanent residence or home\nof three or more families living independently of each other, including\nbut not limited to the following: a tenement, flat house, maisonette\napartment, apartment house, apartment hotel, tourist house, bachelor\napartment, studio apartment, duplex apartment, kitchenette apartment,\nhotel, lodging house, rooming house, boarding house, boarding and\nnursery school, furnished room house, club, sorority house, fraternity\nhouse, college and school dormitory, convalescent, old age or nursing\nhomes or residences. It shall also include a dwelling, two or more\nstories in height, and with five or more boarders, roomers or lodgers\nresiding with any one family. New construction shall mean a new facility\nor a separate building added to an existing facility.\n 5-b. Standards for installation of smoke detecting alarm devices\nrequiring that:\n a. every one or two-family dwelling or any dwelling accommodation\nlocated in a building owned as a condominium or cooperative in the state\nused as a residence shall have installed an operable single station\nsmoke detecting alarm device or devices,\n b. such device or devices shall be installed in an area so that it is\nclearly audible in each bedroom or other room used for sleeping\npurposes, with intervening doors closed, in accordance with rules to be\npromulgated by the council,\n c. every residential building with a common space or common spaces\nshared between three or more dwelling units shall have installed an\noperable smoke detecting alarm device, devices, system or systems such\nthat an alarm notification is clearly audible in each common space, with\nrules to be promulgated by the council in accordance with nationally\nrecognized standards. The council shall define common spaces for the\npurposes of the standards promulgated pursuant to this paragraph,\nprovided that such definition shall include any spaces accessible by all\nresidents, including, but not limited to, lobbies, hallways, and\nstairwells,\n d. such device or devices shall be in compliance with the uniform\ncode, provided, however, that for purposes of this subdivision, battery\noperated devices shall be permitted,\n e. upon conveyance of any real property containing a one or two-family\ndwelling or a condominium unit used as a residence and the transferor of\nthe shares allocated to an apartment located in a building owned by a\ncooperative housing corporation where such apartment is used as a\nresidence, the grantor shall deliver to the grantee at the time of\nconveyance an affidavit indicating that the grantor is in compliance\nwith this subdivision. The grantee shall have ten days from the date of\nconveyance within which to notify the grantor if the alarm or alarms are\nnot operable. Upon notification, the transferor shall bear any cost of\ncompliance with the provisions of this subdivision,\n f. notwithstanding any other provision of law, a failure to comply\nwith the provisions of this subdivision shall not be a breach of any\nwarranty in a conveyance of real property, nor shall it be a defense to\nany claim made under a policy of insurance issued to insure the property\nagainst fire or other casualty loss.\n 5-c. Standards for inspections of solid fuel burning heating\nappliances, chimneys and flues requiring:\n a. prior to the installation of any solid fuel burning heating\nappliance, chimney or flue in any dwelling used as a residence, the\nowner thereof, or his agent, shall first secure a building permit from\nthe appropriate local government official;\n b. an appropriate and qualified inspector, as determined by the local\ngovernment, shall cause an inspection to be made of the solid fuel\nburning heating appliance, chimney or flue at a time when such\ninspection will best determine conformity of such installation with the\nuniform code, provided, however, that the local government official may\nwaive such inspection for good cause shown;\n c. upon approval of such installation, the appropriate local\ngovernment official shall issue a certificate evidencing compliance with\nthe appropriate provisions of the uniform code;\n d. no owner of any dwelling used as a residence shall operate, or\ncause to be operated, any solid fuel burning heating appliance until\nsuch installation, including chimney and flue, has been approved and a\ncertificate indicating such approval obtained from the appropriate local\ngovernment official;\n e. in the event of an accidental fire, requiring the services of a\nfire department, in a solid fuel burning heating appliance, chimney or\nflue, the chief of the fire department so responding may issue a\ntemporary thirty day certificate indicating substantial conformity with\nthe uniform code, until such time as an official inspector, as\ndetermined by local law, or in the case of a locality that relies on\nstate inspection, a state inspector, shall cause an inspection to be\nmade and a certificate to be issued indicating conformity of such solid\nfuel burning heating appliance, chimney or flue with the uniform code;\n f. the issuance of such certificate of compliance shall not be deemed\nto give rise to any claim or cause of action for damages against the\nlocal government or local official for damages resulting from operation\nor use of such solid fuel burning heating appliance, chimney or flue;\n g. the local government in which such property is located may\nestablish and collect a reasonable fee for such inspection from the\nowner of such property or his agent;\n h. any violation of this subdivision shall be deemed a violation and\nbe punishable by a fine not to exceed two hundred fifty dollars;\n i. notwithstanding the foregoing provisions of this subdivision, in\nthe event of an emergency, where a delay occasioned by the requirement\nof securing a building permit could reasonably be expected to cause\nirrepairable damage to the property or serious personal injury to the\noccupants or other person, the owner or his agent may commence such\ninstallation without first obtaining such building permit provided\napplication therefore is filed within three business days after such\nwork is commenced.\n 5-d. Standards for installation of carbon monoxide detecting devices\nrequiring that the owner of every building that contains one or more\nrestaurants and the owner of every commercial building in the state\nshall have installed in such building and shall maintain operable carbon\nmonoxide detecting device or devices of such manufacture, design and\ninstallation standards as are established by the council. Carbon\nmonoxide detecting devices shall only be required if the restaurant or\ncommercial building has appliances, devices or systems that may emit\ncarbon monoxide or has an attached garage.\n 6. Standards for the use of lead in water supply systems constructed\nor portions added on or after January first, nineteen hundred\neighty-six, including limiting the amount of lead in solder which may be\nutilized in piping to convey potable water to not more than two-tenths\nof one percent.\n 7. Standards for the construction of water supply systems which shall\nprohibit the use of asbestos cement pipe to convey potable water for any\nnew or modified construction on or after January first, nineteen hundred\nninety-two.\n 8. Standards for hotels, motels and lodging houses requiring (in\naddition to any other requirement) portable smoke-detecting alarm\ndevices for the deaf and hard of hearing of audible and visual design,\navailable for three percent of all units available for occupancy, with a\nminimum of one unit. If any other law or regulation requires a central,\nclosed circuit interior alarm system, such device shall be incorporated\ninto or connected to the system so as to be capable of being activated\nby the system. Incorporation into the existing system shall be in lieu\nof the portable alarms. Standards shall require operators of any such\nestablishment to post conspicuously at the main desk or other similar\nstation a notice in letters at least three inches in height stating that\nsmoke-detector alarm devices for the deaf and hard of hearing are\navailable. The council shall mandate by rule and regulation the specific\ndesign of the smoke-detector alarm devices.\n 9. Standards for buildings (designated as "Group B3-senior citizens"\nin regulations promulgated pursuant to the New York state uniform fire\nprevention and building code act) housing senior citizens, intended\nprimarily for persons sixty-two years old or more, who are in good\nphysical condition and do not require physical assistance, requiring\nthat a notice be posted in a prominent place in each residential unit,\nincluding but not limited to the following information:\n a. location of nearest exits and fire alarms;\n b. procedures to be followed when the fire or smoke detector gives\nwarning; and\n c. procedures to be followed in the event of fire or smoke\ndevelopment.\n 10. Standards for assistive listening systems for new construction\ncommenced after January first, nineteen hundred ninety-one requiring the\ninstallation of assistive listening systems at all places of public\nassembly so designated by the appropriate building and fire code for use\nby persons who are deaf or hard of hearing who require use of such a\nsystem to improve their reception of sound.\n a. For purposes of this subdivision, the term (i) "assistive listening\nsystem" shall mean situational-personal acoustic communication equipment\ndesigned to improve the transmission and auditory reception of sound;\nand\n (ii) "place of public assembly" shall mean a facility which is open to\nthe public as a theater, meeting hall, hearing room, amphitheater,\nauditorium, or in any other similar capacity.\n b. Standards for such systems shall be developed by the state fire\nprevention and building code council upon receiving recommendations from\nthe advisory board on assistive listening systems in places of public\nassembly.\n c. The appropriate building code or ordinance shall designate such\nplaces of public assembly which shall be required to install such\nassistive listening systems.\n 11. Standards for buildings shall authorize the installation of\npotable water heaters for all domestic uses, including space heating.\n * 12. a. Standards for bed and breakfast dwellings shall be\npromulgated for fire safety. Notwithstanding any other provision of this\narticle, for the purposes of this subdivision a "bed and breakfast\ndwelling" shall include an owner-occupied residence providing at least\nthree but not more than five rooms for temporary transient lodgers with\nsleeping accommodations and a meal in the forenoon of the day. Such\nstandards shall distinguish bed and breakfast dwellings from one and two\nfamily dwellings, provide specific options for hard-wired single-station\nsmoke detectors and provide a notice to each guest that contains:\n (i) the location of nearest exits and fire alarms;\n (ii) procedures to be followed when fire or smoke detectors give\nwarning; and\n (iii) procedures to be followed in the event of fire or smoke\ndevelopment.\n b. Such standards shall also include egress design options to preserve\nthe aesthetic charm and historical significance of such dwellings that\nshall be limited to one of the following:\n (i) an automatic sprinkler head in the stairwell area of any means of\negress;\n (ii) an external second floor egress; or\n (iii) a portable escape device for each guest room.\n c. The standards required by this subdivision shall be promulgated and\nimplemented not later than one hundred twenty days after the effective\ndate of this paragraph.\n * NB There are 2 sub 12's\n * 12. Standards for hospice residences, as defined in section four\nthousand two of the public health law, which shall be deemed to be\neither a single family dwelling or a two family dwelling for the\npurposes of local laws and ordinances relating to fire safety and\nbuilding construction standards.\n * NB There are 2 sub 12's\n 13. Standards for the abandonment or removal of heating oil storage\ntanks and related piping in connection with the conversion of liquid\nfuel burning appliance to alternative fuel requiring:\n a. The entire contents of the heating oil storage tank and related\npiping shall be emptied, cleaned and purged of all vapor. The contents\nof the storage tank and related piping shall be removed from the\npremises or property and disposed of in accordance with applicable\nlocal, state or federal rules and regulations;\n b. If the heating oil storage tank is to be abandoned in place, the\nvent line shall remain open and intact, unless the tank is filled with\nan inert material. The oil fill pipe and other related piping shall\neither be removed, or the oil fill pipe shall be filled with concrete;\n c. If the heating oil storage tank is to be removed, the vent line,\noil fill pipe and related piping shall also be removed, or the oil fill\npipe shall be filled with concrete;\n d. An appropriate and qualified inspector, as determined by the local\ngovernment, shall cause an inspection to be made of the abandonment or\nremoval in connection with the conversion to determine conformity with\nthe uniform code; provide, however, that the local government official\nmay waive such inspection for good cause shown; and\n e. No approval of such abandonment or removal shall be granted unless\nwritten proof of the heating oil storage tank's oil fill pipe having\nbeen removed or filled with concrete in accordance with appropriate\nprovisions of the uniform code has been provided by the property owner\nto the local inspector or, in the event that an inspection has been\nwaived for good cause shown, to the local government official.\n f. For the purposes of this subdivision, "heating oil storage tank"\nshall mean a tank used for storing heating oil for consumptive use on\nthe premises where stored.\n g. In cities with a population of over one million, such cities' local\ncode provisions shall be at least as stringent as the provisions of this\nsubdivision.\n h. The property owner shall provide written notice to his or her home\nheating oil supplier or suppliers to inform them of such conversion to\nan alternate fuel prior to the commencement of the new home heating\nservice.\n 14. Provide that any:\n a. gates required to be provided in a swimming pool enclosure shall be\nself-closing and self-latching, and shall be securely locked with a key,\ncombination or other child proof lock sufficient to prevent access to\nsuch swimming pool through such gate when such swimming pool is not in\nuse or supervised. Release mechanism standards shall be developed by the\nstate fire prevention and building code council based on internationally\nrecognized standards;\n b. residential or commercial swimming pool constructed or\nsubstantially modified after the effective date of this paragraph shall\nbe equipped with an acceptable pool alarm capable of detecting a child\nentering the water and of giving an audible alarm; and\n c. hot tub or spa with a safety cover which complies with American\nSociety of Testing and Materials International standard F1346 (2003) or\nany similar standard which may be approved by the council shall be\nexempt from the provisions of this subdivision and any swimming pool,\nother than a hot tub or spa, with an automatic power safety cover which\ncomplies with American Society of Testing and Materials International\nstandard F1346 (2003) or any similar standard which may be approved by\nthe council shall be exempt from the provisions of paragraph b of this\nsubdivision.\n d. temporary swimming pool enclosure shall be required to be replaced\nby a permanent enclosure which is in compliance with New York state\ncodes, regulations or local laws within ninety days from the issuance of\na local building permit or the commencement of the installation of an\nin-ground swimming pool, whichever is later. A local building department\nmay issue a waiver to allow an extension of such ninety day time period\nfor good cause including but not limited to adverse weather conditions\ndelaying construction.\n 15. Standards for temporary swimming pool enclosures used during the\ninstallation or construction of swimming pools requiring that any such\nenclosure shall sufficiently prevent any access to such swimming pool by\nany person not engaged in the installation or construction of such\nswimming pool and shall sufficiently provide for the safety of any such\nperson.\n 16. Standards requiring the installation and maintenance of at least\none safe, sanitary, and convenient diaper changing station, deck, table,\nor similar amenity which shall be available for use by both male and\nfemale occupants and which shall comply with section 603.5 (Diaper\nChanging Tables) of the two thousand nine edition of the publication\nentitled ICC A117.1, Accessible and Usable Buildings and Facilities,\npublished by the International Code Council, Inc., on each floor level\ncontaining a public toilet room in all newly constructed buildings in\nthe state that have one or more areas classified as assembly group A\noccupancies or mercantile group M occupancies and in all existing\nbuildings in the state that have one or more areas classified as\nassembly group A occupancies or mercantile group M occupancies and\nundergo a substantial renovation. The council shall prescribe the type\nof renovation to be deemed to be a substantial renovation for the\npurposes of this subdivision. The council may exempt historic buildings\nfrom the requirements of this subdivision.\n 17. Standards requiring that, in each building that has one or more\nareas classified as assembly group A occupancies or mercantile group M\noccupancies and in which at least one diaper changing station, deck,\ntable, or similar amenity is installed, a sign shall be posted in a\nconspicuous place in each public toilet room indicating the location of\nthe nearest diaper changing station, deck, table, or similar amenity\nthat is available for use by the gender using such public toilet room.\nThe requirements of this subdivision shall apply without regard to\nwhether the diaper changing station, deck, table, or similar amenity was\ninstalled voluntarily or pursuant to subdivision sixteen of this section\nor any other applicable law, statute, rule, or regulation. No such sign\nshall be required in a public toilet room in which any diaper changing\nstation, deck, table, or similar amenity is located.\n 18. Standards requiring that grease traps or interceptors located in a\nplace that may be accessible by the public, or located inside any food\nservice establishment, or located in any other building that is open to\nthe public, shall be designed and maintained to withstand expected loads\nand to prevent unauthorized access. Such standards shall also include\nrequiring the installation of a warning sign or symbol, as determined by\nthe council, on or in the vicinity of such grease traps or interceptors.\nSuch standards shall apply to new and existing grease traps and\ninterceptors. For the purposes of this subdivision, "food service\nestablishment" shall have the same meaning as in part fourteen of title\nten of the New York code of rules and regulations.\n 19. a. To support the goal of zero on-site greenhouse gas emissions\nand help achieve the state's clean energy and climate agenda, including\nbut not limited to greenhouse gas reduction requirements set forth\nwithin chapter one hundred six of the laws of two thousand nineteen,\nalso known as the New York state climate leadership and community\nprotection act, the uniform code shall prohibit the installation of\nfossil-fuel equipment and building systems, in any new building not more\nthan seven stories in height, except for a new commercial or industrial\nbuilding greater than one hundred thousand square feet in conditioned\nfloor area, on or after December thirty-first, two thousand twenty-five,\nand the uniform code shall prohibit the installation of fossil-fuel\nequipment and building systems, in all new buildings on or after\nDecember thirty-first, two thousand twenty-eight.\n b. The provisions set forth in paragraph a of this subdivision shall\nnot be construed as applying to buildings existing prior to the\neffective date of the applicable prohibition, including to:\n (i) the repair, alteration, addition, relocation, or change of\noccupancy or use of such buildings; and\n (ii) the installation or continued use and maintenance of fossil-fuel\nequipment and building systems, including as related to cooking\nequipment, in any such buildings.\n c. In addition, in effectuating the provisions set forth in paragraph\na of this subdivision the code shall include exemptions for the purposes\nof allowing the installation and use of fossil-fuel equipment and\nbuilding systems where such systems are installed and used:\n (i) for generation of emergency back-up power and standby power\nsystems;\n (ii) in a manufactured home as defined in subdivision seven of section\nsix hundred one of the executive law; or\n (iii) in a building or part of a building that is used as a\nmanufacturing facility, commercial food establishment, laboratory, car\nwash, laundromat, hospital, other medical facility, critical\ninfrastructure, including but not limited to emergency management\nfacilities, wastewater treatment facilities, and water treatment and\npumping facilities, agricultural building, fuel cell system, or\ncrematorium, as such terms are defined by the code council.\n d. Where the uniform code includes an allowed exemption pursuant to\nsubparagraph (i) or (iii) of paragraph c of this subdivision, other than\nagricultural buildings as defined by the council, such exemption shall\ninclude provisions that, to the fullest extent feasible, limit the use\nof fossil-fuel equipment and building systems to the system and area of\nthe building for which a prohibition on fossil-fuel equipment and\nbuilding systems is infeasible; except with respect to servicing\nmanufacturing or industrial processes, require the area or service\nwithin a new building where fossil-fuel equipment and building systems\nare installed be electrification ready; and minimize emissions from the\nfossil-fuel equipment and building systems that are allowed to be used,\nprovided that such provisions do not adversely affect health, safety,\nsecurity, or fire protection. Financial considerations shall not be\nsufficient basis to determine physical or technical infeasibility.\n e. Exemptions included in the uniform code pursuant to this\nsubdivision shall be periodically reviewed by the code council to assure\nthat they continue to effectuate the purposes of paragraph a of this\nsubdivision and subparagraph three of paragraph b of subdivision two of\nsection three hundred seventy-one of this article to the fullest extent\nfeasible.\n f. The code shall allow for exemption of a new building construction\nproject that requires an application for new or expanded electric\nservice, pursuant to subdivision one of section thirty-one of the public\nservice law and/or section twelve of the transportation corporations\nlaw, when electric service cannot be reasonably provided by the grid as\noperated by the local electric corporation or municipality pursuant to\nsubdivision one of section sixty-five of the public service law;\nprovided, however, that the public service commission shall determine\nreasonableness for purposes of this exemption. For the purposes of this\nparagraph, "grid" shall have the same meaning as electric plant, as\ndefined in subdivision twelve of section two of the public service law.\n g. For the purposes of this subdivision:\n (i) "Fossil-fuel equipment and building systems" shall mean (A)\nequipment, as such term is defined in section 11-102 of the energy law,\nthat uses fossil-fuel for combustion; or (B) systems, other than items\nsupporting an industrial or commercial process as referred to in the\ndefinition of equipment in section 11-102 of the energy law, associated\nwith a building that will be used for or to support the supply,\ndistribution, or delivery of fossil-fuel for any purpose, other than for\nuse by motor vehicles.\n (ii) "Electrification ready" means the new building or portion thereof\nwhere fossil-fuel equipment and building systems are allowed to be used\nwhich contains electrical systems and designs that provide sufficient\ncapacity for a future replacement of such fossil-fuel equipment and\nbuilding systems with electric-powered equipment, including but not\nlimited to sufficient space, drainage, electrical conductors or\nraceways, bus bar capacity, and overcurrent protective devices for such\nelectric-powered equipment.\n 20. a. Except as otherwise provided by statute, no change to the\nbuilding code shall become effective until at least ninety days after\nthe date on which notice of such change has been published in the state\nregister, unless the council finds that:\n (i) an earlier effective date is necessary to protect health, safety\nand security; or\n (ii) the change to the code will not impose any additional compliance\nrequirements on any person.\n b. Notwithstanding the provisions of paragraph a of this subdivision,\nthe council may provide that, in the period during which changes to the\ncode have been adopted but are not yet effective pursuant to paragraph a\nof this subdivision, a person shall have the option of complying with\neither the provisions of the code as changed or with the code provisions\nas they were set forth immediately prior to the change.\n