N.Y. Exec. Law § 378

§ 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 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 the handicapped 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 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 single station smoke detecting\nalarm devices requiring 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. 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 d. 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 e. 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 hearing impaired 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 hearing impaired 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 hearing impaired persons who require use of such a system to improve\ntheir 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 14. Provide that any:\n a. gates required to be provided in a swimming pool enclosure shall be\nself-closing and self-latching with the latch handle located within the\nenclosure and at least forty inches above grade, and shall be securely\nlocked with a key, combination or other child proof lock sufficient to\nprevent access to such swimming pool through such gate when such\nswimming pool is not in use or supervised;\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 or swimming\npool, other than a hot tub or spa, with an automatic power safety cover\nwhich complies with American Society of Testing and Materials\nInternational standard F1346 (2003) or any similar standard which may be\napproved by the council shall be exempt from the provisions of paragraph\nb of this subdivision.\n * NB There are 2 c's\n * c. temporary swimming pool enclosure shall be required to be\nreplaced by a permanent enclosure which is in compliance with New York\nstate codes, regulations or local laws within ninety days from the\nissuance of a local building permit or the commencement of the\ninstallation of an in-ground swimming pool, whichever is later. A local\nbuilding department may issue a waiver to allow an extension of such\nninety day time period for good cause including but not limited to\nadverse weather conditions delaying construction.\n * NB There are 2 c's\n 15. 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 16. 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