Section 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.
    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 constructed  or  offered

  for   sale   after  July  thirtieth,  two  thousand  two,  any  dwelling
  accommodation  located  in  a  building  owned  as  a   condominium   or
  cooperative  in  the  state  constructed  or offered for sale after July
  thirtieth,  two  thousand  two, or any multiple dwellings constructed or
  offered for sale after  August  ninth,  two  thousand  five  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. For the purposes of this section, sale  shall  mean  the
  transfer  of  ownership  of  a  business  or property, provided however,
  transfer of franchises shall not be  deemed  a  sale.  New  construction
  shall  mean  a  new facility or a separate building added to an existing
  facility.
    * NB Effective until February 22, 2010
    * 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.
    * NB Effective February 22, 2010
    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.