General Code Publishers - New York State Uniform Code

New York State Uniform Construction Codes: Need A Review?

The new state Uniform Codes were approved on July 3, 2002. As a result, your administrative and enforcement local law may need to be revised. General Code's experienced editorial staff is available to review your current local law against the proposed state regulations and provide recommendations for your attorney to review.

If you would like this assistance, please call 1-800-836-8834 or make your request on-line using our contact form. We will prepare an estimate for you based on your specific requirements.

This alert is to let you know how to determine whether or not the new state regulations will require changes to your local legislation or Code book. Use our on-line form to e-mail this page to your building code enforcement officials and your municipal attorney for their review.

Municipalities do not need to formally or affirmatively adopt the new state standards. On December 30, 2002, the following standard codes are in effect:

Building Code	Mechanical Code
Energy Conservation Code	Property Maintenance Code
Fire Code	Residential Code
Fuel Gas Code	Plumbing Code

If your municipality does not locally enforce the state codes, there is nothing that you need to do at this time, except perhaps help create public awareness of the new construction and property maintenance standards.

If you do locally enforce the state codes and you accept and process building permit applications, your code enforcement personnel may have already completed their training requirements for the new codes and may have already obtained copies.

Although the codes have been adopted, the state administration and enforcement regulations that tell municipalities what to do have not yet been finalized. Draft regulations are currently in the review process, with hopes of completion in 2003.

Under the current state regulations (19 NYCRR 444), municipalities are required to adopt a local law providing for the administration and enforcement of the Uniform Code. The new proposed regulations (19 NYCRR 1203) continue the same basic requirements and practices, but are more detailed and prescriptive. For example, where the current regulations state that municipalities must require a building permit, the new regulations spell out the minimum information that must appear on a building permit application. In addition, building permits must now contain a specific expiration date, and there is standardized language for certificates of occupancy as well.

If you currently have a local law that provides for the administration and enforcement of the Uniform Code, it may need only minor modifications in order to bring it, and your enforcement program, into compliance with the new regulations. You will need to review your current program/local law and make any necessary revisions by the time the new regulations take effect.

One more issue to look for: if, in the past, your municipality adopted more stringent standards or exceptions to the Uniform Code, and those standards were approved by the State Codes Council, it is suggested that they be reviewed against the new uniform codes to determine whether or not they continue to be more restrictive than the state standards. If, upon review, they are now found to be less restrictive than the new codes, they should be repealed, and you should begin to enforce the state standards. If they are found to be as restrictive or more restrictive, it appears that they can be retained unless and until a future update to the uniform codes renders them less restrictive.

This information is provided strictly as a value-added service for General Code clients. It is not intended to be legal advice, and we expect that you will discuss all proposed legislation and points of law with your municipal attorney. If you have any questions about the information provided here, please feel free to contact us.