§1203.1 Introduction.

Section 381 of the Executive Law permits the Secretary of State to promulgate rules and regulations for administration of the Uniform Fire Prevention and Building Code (Uniform Code). The rules and regulations are to address the nature and quality of enforcement and are the subject of this part.

§1203.2 Provisions to be made for Administration and Enforcement.

(a) Every city, village, town, and county, charged under subdivision 2 of section 381 of the Executive Law with administration and enforcement of the Uniform Code, shall provide for such administration and enforcement by local law, ordinance or other appropriate regulation. Any such instrument or combination thereof shall include the features described in section 1203.3 of this Part.

(b) Every agency accountable under section 1201.2(d) of this Title for administration and enforcement of the Uniform Code, shall provide for such administration and enforcement in accordance with Part 1204 of this Title.

c) Every agency accountable under section 1201.2 of this Title for administration and enforcement of the Uniform Code and not otherwise included in subdivisions (a) and (b) of this section shall provide for such administration and enforcement in suitable regulation. Any such regulation shall include the features described in section 1203.3 of this Part.

(d) Every government or agency thereof charged to administer and enforce the Uniform Code shall exercise its powers in due and proper manner so as to extend to the public protection from the hazards of fire and inadequate building construction and afford the Uniform Code full force and effect.

(e) A document or other instrument which:

(1) grants or withholds permission to do some act governed by the Uniform Code or laws for its administration and enforcement;

(2) directs that an act be done or not be done; or

(3) pursues an action or proceeding for omission or commission of an act shall be issued by an officer or employee of and in the name of a municipality or other governmental entity responsible for code enforcement, unless other wise required by law.

§1203.3 Program Features.

(a) The persons, offices, departments, agencies or combinations thereof authorized and responsible for administration and enforcement of the Uniform Code, or any portion thereof, shall be clearly identified.

(b) Building permits shall be required for any work which must conform to the Uniform Code. The application for a building permit shall request sufficient information to permit a determination that the intended work accords with the requirements of the Uniform Code. Exceptions to the requirement for building permits may be allowed for:

(1) necessary repairs which do not materially affect structural features;

(2) alterations to existing buildings, provided that the alterations:

(i) cost less than $10,000;

(ii) do not materially affect structural features;

(iii) do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits;

(iv) do not involve the installation or extension of electrical systems; and

(v) do not include the installation of solid fuel-burning heating appliances and associated chimneys and flues; and

(3) small noncommercial structures not intended for use by one or more persons as quarters for living, sleeping, eating or cooking, for example, a small storage building.

(c) Certificates of occupancy or certificates of compliance shall be required for all work for which a building permit is required to be issued under subdivision 1203.3(b) of this section and for all buildings which are converted from one general occupancy classification to another, as such classifications are defined in Part 701 of Title 9 of the OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS.

 
(d) Provisions shall be made for:

(1) construction inspections where a building permit has been issued, at such times during the course of construction as will permit the observation of the foundation, structural elements, electrical systems, plumbing systems, heating, ventilation and air conditioning systems, fire protection and detection systems and exit features;

(2) inspections where a certificate of occupancy or a certificate of compliance is required, prior to its issuance;

(3) fire safety inspections of areas of public assembly defined in Part 606 of Title 9 of the OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS at least once per year;

(4) fire safety inspections of all multiple dwellings and all nonresidential occupancies at intervals consistent with local conditions; (5) inspections in response to bona fide complaints regarding conditions or activities allegedly failing to comply with the Uniform Code.

(e) A system of records of the activities specified in subdivisions 1203.3(a) through 1203.3(d) of this section and of fees charged and collected, if any, shall be established and maintained.