2021 New York Laws
EXC - Executive
Article 18 - New York State Uniform Fire Prevention and Building Code Act
378 - Standards for New York State Uniform Fire Prevention and Building Code.

Universal Citation:
NY Exec L § 378 (2021)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§  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.
  5-d.  Standards  for installation of carbon monoxide detecting devices
requiring that the owner of every building that  contains  one  or  more
restaurants  and  the  owner  of  every commercial building in the state
shall have installed in such building and shall maintain operable carbon
monoxide detecting device or devices of  such  manufacture,  design  and
installation  standards  as  are  established  by  the  council.  Carbon
monoxide detecting devices shall only be required if the  restaurant  or
commercial  building  has  appliances,  devices or systems that may emit
carbon monoxide or has an attached garage.
  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 hard of hearing 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  hard of hearing 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 persons who are deaf or hard of hearing 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. h. The property owner shall provide written notice to his or her home heating oil supplier or suppliers to inform them of such conversion to an alternate fuel prior to the commencement of the new home heating service. 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 paragraph 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 paragraph c's 15. 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. 16. Standards requiring the installation and maintenance of at least one safe, sanitary, and convenient diaper changing station, deck, table, or similar amenity which shall be available for use by both male and female occupants and which shall comply with section 603.5 (Diaper Changing Tables) of the two thousand nine edition of the publication entitled ICC A117.1, Accessible and Usable Buildings and Facilities, published by the International Code Council, Inc., on each floor level containing a public toilet room in all newly constructed buildings in the state that have one or more areas classified as assembly group A occupancies or mercantile group M occupancies and in all existing buildings in the state that have one or more areas classified as assembly group A occupancies or mercantile group M occupancies and undergo a substantial renovation. The council shall prescribe the type of renovation to be deemed to be a substantial renovation for the purposes of this subdivision. The council may exempt historic buildings from the requirements of this subdivision. 17. Standards requiring that, in each building that has one or more areas classified as assembly group A occupancies or mercantile group M occupancies and in which at least one diaper changing station, deck, table, or similar amenity is installed, a sign shall be posted in a conspicuous place in each public toilet room indicating the location of the nearest diaper changing station, deck, table, or similar amenity that is available for use by the gender using such public toilet room. The requirements of this subdivision shall apply without regard to whether the diaper changing station, deck, table, or similar amenity was installed voluntarily or pursuant to subdivision sixteen of this section or any other applicable law, statute, rule, or regulation. No such sign shall be required in a public toilet room in which any diaper changing station, deck, table, or similar amenity is located. 18. 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.

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