2012 New York Consolidated Laws
EXC - Executive
Article 18 - (370 - 383) NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE ACT
378 - Standards for New York state uniform fire prevention and building code.

 
    §  378.  Standards  for  New  York  state  uniform fire prevention and
  building code. The uniform code shall address the following subjects:
    1. Standards for the construction  of  all  buildings  or  classes  of
  buildings, or the installation of equipment therein, including standards
  for  materials  to  be  used  in connection therewith, and standards for
  safety and sanitary  conditions.  Notwithstanding  the  above,  sleeping
  quarters in a children's overnight camp as defined in subdivision one of
  section  thirteen  hundred  ninety-two of the public health law shall be
  governed by subdivision one of section thirteen hundred  ninety-four  of
  such law.
    2.  Standards for the condition, occupancy, maintenance, conservation,
  rehabilitation and renewal of certain existing buildings, structures and
  premises and for the safeguarding  of  life  and  property  therein  and
  thereabout from the hazards of fire, explosion or release of toxic gases
  arising  from  the  storage, handling or use of combustible or hazardous
  substances, materials or devices.
    3. Standards for passenger elevators to promote uniformity and ease of
  use for the handicapped including, but not limited to:
    a. placement and identification of operating controls,
    b. door jamb markings,
    c. operation and leveling features,
    d. operation, width, and safety features for doors,
    e. hall buttons, and
    f. hall lanterns.
    4. Standards for areas of public assembly requiring:
    a. approved fire protection equipment and systems shall be installed;
    b. interior finishes shall  be  of  appropriate  grade  to  materially
  retard the spread of smoke and flame, taking into consideration the fire
  protection  equipment  and  systems in place, and shall be maintained in
  that condition;
    c. no combustible  material  shall  be  placed  in  such  amounts  and
  locations  as would cause existing fire protection equipment and systems
  to be substantially overburdened, nor shall any material  be  placed  in
  such manner as would cause safe exit to be significantly impeded; and
    d.   incorporation   of   the   retroactivity  provisions  of  article
  eighteen-AA of this chapter.
    e. for buildings included in group C5  of  paragraph  (f)  of  section
  900.2  of  title  nine  of  the official compilation of codes, rules and
  regulations of the state of New York, that  water  closets  and  urinals
  provided  for  occupants,  based upon capacity, shall be deemed sanitary
  fixtures and shall be distributed on a basis such  that  the  number  of
  such  sanitary  fixtures  provided  in  rest facilities for men shall be
  equal to the  number  of  water  closets  provided  in  rest  facilities
  provided  for  women  in  buildings with an occupancy of four hundred or
  less. For buildings consisting of more than four hundred  occupants,  an
  additional  water  closet shall be added to a rest facility provided for
  women for each sanitary fixture  added  to  a  similarly  situated  rest
  facility provided for men.
    The  standards  shall include provisions for the type, number, spacing
  and  location  of   fire   protection   equipment   and   systems,   the
  classification   and   maintenance   of   interior   finishes,  and  the
  accumulation of materials.
    5. Standards for hotels, motels and lodging houses, requiring  that  a
  notice  be posted in a prominent place in each guest room, including but
  not limited to the following information:
    a. location of nearest exits and fire alarms;
    b. procedures to be followed when the fire  or  smoke  detector  gives
  warning; and

    c.   procedures  to  be  followed  in  the  event  of  fire  or  smoke
  development.
    5-a. Standards for installation of carbon monoxide detectors requiring
  that  every  one  or  two-family dwelling, or any dwelling accommodation
  located in a building owned as a condominium or cooperative in the state
  or any multiple  dwellings  shall  have  installed  an  operable  carbon
  monoxide detector of such manufacture, design and installation standards
  as are established by the council. Carbon monoxide detectors required by
  this  section  are required only where the dwelling unit has appliances,
  devices or systems that may emit carbon  monoxide  or  has  an  attached
  garage.  For  purposes  of  this  subdivision, multiple dwelling means a
  dwelling which is either  rented,  leased,  let  or  hired  out,  to  be
  occupied, or is occupied as the temporary or permanent residence or home
  of  three or more families living independently of each other, including
  but not limited to the following: a  tenement,  flat  house,  maisonette
  apartment,  apartment  house,  apartment  hotel, tourist house, bachelor
  apartment, studio apartment, duplex  apartment,  kitchenette  apartment,
  hotel,  lodging  house,  rooming  house,  boarding  house,  boarding and
  nursery school, furnished room house, club, sorority  house,  fraternity
  house,  college  and  school dormitory, convalescent, old age or nursing
  homes or residences. It shall also  include  a  dwelling,  two  or  more
  stories  in  height,  and with five or more boarders, roomers or lodgers
  residing with any one family. New construction shall mean a new facility
  or a separate building added to an existing facility.
    5-b. Standards for installation  of  single  station  smoke  detecting
  alarm devices requiring that:
    a.  every  one  or  two-family  dwelling or any dwelling accommodation
  located in a building owned as a condominium or cooperative in the state
  used as a residence shall have  installed  an  operable  single  station
  smoke detecting alarm device or devices,
    b.  such device or devices shall be installed in an area so that it is
  clearly audible  in  each  bedroom  or  other  room  used  for  sleeping
  purposes,  with intervening doors closed, in accordance with rules to be
  promulgated by the council,
    c. such device or devices shall be  in  compliance  with  the  uniform
  code,  provided, however, that for purposes of this subdivision, battery
  operated devices shall be permitted,
    d. upon conveyance of any real property containing a one or two-family
  dwelling or a condominium unit used as a residence and the transferor of
  the shares allocated to an apartment located in a building  owned  by  a
  cooperative  housing  corporation  where  such  apartment  is  used as a
  residence, the grantor shall deliver to  the  grantee  at  the  time  of
  conveyance  an  affidavit  indicating  that the grantor is in compliance
  with this subdivision. The grantee shall have ten days from the date  of
  conveyance within which to notify the grantor if the alarm or alarms are
  not  operable.  Upon notification, the transferor shall bear any cost of
  compliance with the provisions of this subdivision,
    e. notwithstanding any other provision of law,  a  failure  to  comply
  with  the  provisions  of  this subdivision shall not be a breach of any
  warranty in a conveyance of real property, nor shall it be a defense  to
  any claim made under a policy of insurance issued to insure the property
  against fire or other casualty loss.
    5-c.   Standards   for  inspections  of  solid  fuel  burning  heating
  appliances, chimneys and flues requiring:
    a. prior to  the  installation  of  any  solid  fuel  burning  heating
  appliance,  chimney  or  flue  in  any dwelling used as a residence, the
  owner thereof, or his agent, shall first secure a building  permit  from
  the appropriate local government official;

    b.  an appropriate and qualified inspector, as determined by the local
  government, shall cause an inspection to  be  made  of  the  solid  fuel
  burning  heating  appliance,  chimney  or  flue  at  a  time  when  such
  inspection will best determine conformity of such installation with  the
  uniform  code, provided, however, that the local government official may
  waive such inspection for good cause shown;
    c.  upon  approval  of  such  installation,  the   appropriate   local
  government official shall issue a certificate evidencing compliance with
  the appropriate provisions of the uniform code;
    d.  no  owner  of  any  dwelling used as a residence shall operate, or
  cause to be operated, any solid fuel  burning  heating  appliance  until
  such  installation,  including chimney and flue, has been approved and a
  certificate indicating such approval obtained from the appropriate local
  government official;
    e. in the event of an accidental fire, requiring  the  services  of  a
  fire  department,  in a solid fuel burning heating appliance, chimney or
  flue, the chief of  the  fire  department  so  responding  may  issue  a
  temporary  thirty day certificate indicating substantial conformity with
  the  uniform  code,  until  such  time  as  an  official  inspector,  as
  determined  by  local  law,  or in the case of a locality that relies on
  state inspection, a state inspector, shall cause  an  inspection  to  be
  made  and a certificate to be issued indicating conformity of such solid
  fuel burning heating appliance, chimney or flue with the uniform code;
    f. the issuance of such certificate of compliance shall not be  deemed
  to  give  rise  to  any claim or cause of action for damages against the
  local government or local official for damages resulting from  operation
  or use of such solid fuel burning heating appliance, chimney or flue;
    g.  the  local  government  in  which  such  property  is  located may
  establish and collect a reasonable fee  for  such  inspection  from  the
  owner of such property or his agent;
    h.  any  violation of this subdivision shall be deemed a violation and
  be punishable by a fine not to exceed two hundred fifty dollars;
    i. notwithstanding the foregoing provisions of  this  subdivision,  in
  the  event  of an emergency, where a delay occasioned by the requirement
  of securing a building permit could  reasonably  be  expected  to  cause
  irrepairable  damage  to  the property or serious personal injury to the
  occupants or other person, the owner or  his  agent  may  commence  such
  installation  without  first  obtaining  such  building  permit provided
  application therefore is filed within three  business  days  after  such
  work is commenced.
    6.  Standards  for the use of lead in water supply systems constructed
  or  portions  added  on  or  after  January  first,   nineteen   hundred
  eighty-six, including limiting the amount of lead in solder which may be
  utilized  in  piping to convey potable water to not more than two-tenths
  of one percent.
    7. Standards for the construction of water supply systems which  shall
  prohibit the use of asbestos cement pipe to convey potable water for any
  new or modified construction on or after January first, nineteen hundred
  ninety-two.
    8.  Standards  for  hotels,  motels  and  lodging houses requiring (in
  addition  to  any  other  requirement)  portable  smoke-detecting  alarm
  devices  for the deaf and hearing impaired of audible and visual design,
  available for three percent of all units available for occupancy, with a
  minimum of one unit. If any other law or regulation requires a  central,
  closed  circuit interior alarm system, such device shall be incorporated
  into or connected to the system so as to be capable of  being  activated
  by  the  system. Incorporation into the existing system shall be in lieu
  of the portable alarms. Standards shall require operators  of  any  such

  establishment  to  post  conspicuously at the main desk or other similar
  station a notice in letters at least three inches in height stating that
  smoke-detector alarm devices for  the  deaf  and  hearing  impaired  are
  available. The council shall mandate by rule and regulation the specific
  design of the smoke-detector alarm devices.
    9.  Standards  for buildings (designated as "Group B3-senior citizens"
  in regulations promulgated pursuant to the New York state  uniform  fire
  prevention  and  building  code  act)  housing senior citizens, intended
  primarily for persons sixty-two years old  or  more,  who  are  in  good
  physical  condition  and  do  not require physical assistance, requiring
  that a notice be posted in a prominent place in each  residential  unit,
  including but not limited to the following information:
    a. location of nearest exits and fire alarms;
    b.  procedures  to  be  followed when the fire or smoke detector gives
  warning; and
    c.  procedures  to  be  followed  in  the  event  of  fire  or   smoke
  development.
    10.  Standards  for  assistive  listening systems for new construction
  commenced after January first, nineteen hundred ninety-one requiring the
  installation of assistive listening systems  at  all  places  of  public
  assembly so designated by the appropriate building and fire code for use
  by  hearing impaired persons who require use of such a system to improve
  their reception of sound.
    a. For purposes of this subdivision, the term (i) "assistive listening
  system" shall mean situational-personal acoustic communication equipment
  designed to improve the transmission and auditory  reception  of  sound;
  and
    (ii) "place of public assembly" shall mean a facility which is open to
  the  public  as  a  theater,  meeting  hall, hearing room, amphitheater,
  auditorium, or in any other similar capacity.
    b. Standards for such systems shall be developed  by  the  state  fire
  prevention and building code council upon receiving recommendations from
  the  advisory  board  on assistive listening systems in places of public
  assembly.
    c. The appropriate building code or  ordinance  shall  designate  such
  places  of  public  assembly  which  shall  be  required to install such
  assistive listening systems.
    11. Standards  for  buildings  shall  authorize  the  installation  of
  potable water heaters for all domestic uses, including space heating.
    * 12.   a.   Standards  for  bed  and  breakfast  dwellings  shall  be
  promulgated for fire safety. Notwithstanding any other provision of this
  article, for the purposes of  this  subdivision  a  "bed  and  breakfast
  dwelling"  shall  include an owner-occupied residence providing at least
  three but not more than five rooms for temporary transient lodgers  with
  sleeping  accommodations  and  a  meal  in the forenoon of the day. Such
  standards shall distinguish bed and breakfast dwellings from one and two
  family dwellings, provide specific options for hard-wired single-station
  smoke detectors and provide a notice to each guest that contains:
    (i) the location of nearest exits and fire alarms;
    (ii) procedures to be followed  when  fire  or  smoke  detectors  give
  warning; and
    (iii)  procedures  to  be  followed  in  the  event  of  fire or smoke
  development.
    b. Such standards shall also include egress design options to preserve
  the aesthetic charm and historical significance of such  dwellings  that
  shall be limited to one of the following:
    (i)  an automatic sprinkler head in the stairwell area of any means of
  egress;

    (ii) an external second floor egress; or
    (iii) a portable escape device for each guest room.
    c. The standards required by this subdivision shall be promulgated and
  implemented  not  later than one hundred twenty days after the effective
  date of this paragraph.
    * NB There are 2 sub 12's
    * 12. Standards for hospice residences, as  defined  in  section  four
  thousand  two  of  the  public  health  law, which shall be deemed to be
  either a single family  dwelling  or  a  two  family  dwelling  for  the
  purposes  of  local  laws  and  ordinances  relating  to fire safety and
  building construction standards.
    * NB There are 2 sub 12's
    13. Standards for the abandonment or removal of  heating  oil  storage
  tanks  and  related  piping  in connection with the conversion of liquid
  fuel burning appliance to alternative fuel requiring:
    a. The entire contents of the heating oil  storage  tank  and  related
  piping  shall  be emptied, cleaned and purged of all vapor. The contents
  of the storage tank  and  related  piping  shall  be  removed  from  the
  premises  or  property  and  disposed  of  in accordance with applicable
  local, state or federal rules and regulations;
    b. If the heating oil storage tank is to be abandoned  in  place,  the
  vent  line  shall remain open and intact, unless the tank is filled with
  an inert material. The oil fill pipe  and  other  related  piping  shall
  either be removed, or the oil fill pipe shall be filled with concrete;
    c.  If  the  heating oil storage tank is to be removed, the vent line,
  oil fill pipe and related piping shall also be removed, or the oil  fill
  pipe shall be filled with concrete;
    d.  An appropriate and qualified inspector, as determined by the local
  government, shall cause an inspection to be made of the  abandonment  or
  removal  in  connection with the conversion to determine conformity with
  the uniform code; provide, however, that the local  government  official
  may waive such inspection for good cause shown; and
    e.  No approval of such abandonment or removal shall be granted unless
  written proof of the heating oil storage tank's  oil  fill  pipe  having
  been  removed  or  filled  with  concrete in accordance with appropriate
  provisions of the uniform code has been provided by the  property  owner
  to  the  local  inspector  or,  in the event that an inspection has been
  waived for good cause shown, to the local government official.
    f. For the purposes of this subdivision, "heating  oil  storage  tank"
  shall  mean  a  tank used for storing heating oil for consumptive use on
  the premises where stored.
    g. In cities with a population of over one million, such cities' local
  code provisions shall be at least as stringent as the provisions of this
  subdivision.
    14. Provide that any:
    a. gates required to be provided in a swimming pool enclosure shall be
  self-closing and self-latching with the latch handle located within  the
  enclosure  and  at least forty inches above grade, and shall be securely
  locked with a key, combination or other child proof lock  sufficient  to
  prevent  access  to  such  swimming  pool  through  such  gate when such
  swimming pool is not in use or supervised;
    b.  residential   or   commercial   swimming   pool   constructed   or
  substantially  modified after the effective date of this paragraph shall
  be equipped with an acceptable pool alarm capable of detecting  a  child
  entering the water and of giving an audible alarm; and
    * c.  hot  tub or spa with a safety cover which complies with American
  Society of Testing and Materials International standard F1346 (2003)  or
  any  similar  standard  which may be approved by the council or swimming

  pool, other than a hot tub or spa, with an automatic power safety  cover
  which   complies   with   American  Society  of  Testing  and  Materials
  International standard F1346 (2003) or any similar standard which may be
  approved by the council shall be exempt from the provisions of paragraph
  b of this subdivision.
    * NB There are 2 š c's
    * c.  temporary  swimming  pool  enclosure  shall  be  required  to be
  replaced by a permanent enclosure which is in compliance with  New  York
  state  codes,  regulations  or  local  laws  within ninety days from the
  issuance  of  a  local  building  permit  or  the  commencement  of  the
  installation  of an in-ground swimming pool, whichever is later. A local
  building department may issue a waiver to allow  an  extension  of  such
  ninety  day  time  period  for  good  cause including but not limited to
  adverse weather conditions delaying construction.
    * NB There are 2 š c's
    15. a. Except as otherwise provided  by  statute,  no  change  to  the
  building  code  shall  become effective until at least ninety days after
  the date on which notice of such change has been published in the  state
  register, unless the council finds that:
    (i)  an  earlier effective date is necessary to protect health, safety
  and security; or
    (ii) the change to the code will not impose any additional  compliance
  requirements on any person.
    b.  Notwithstanding the provisions of paragraph a of this subdivision,
  the council may provide that, in the period during which changes to  the
  code have been adopted but are not yet effective pursuant to paragraph a
  of  this  subdivision,  a person shall have the option of complying with
  either the provisions of the code as changed or with the code provisions
  as they were set forth immediately prior to the change.
    16. Standards for temporary swimming pool enclosures used  during  the
  installation  or  construction of swimming pools requiring that any such
  enclosure shall sufficiently prevent any access to such swimming pool by
  any person not engaged in  the  installation  or  construction  of  such
  swimming  pool and shall sufficiently provide for the safety of any such
  person.