N.Y. Comp. Codes R. & Regs. tit. 19 § 1202.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1202.9 - Fire safety and property maintenance inspections

(a) Fire safety and property maintenance inspections are required, except as noted in section 1202.9(b) of this Part, and shall be conducted by the department at the following intervals:

(1) one year for buildings which contain an assembly area;

(2) one year for public and private schools and colleges, including any buildings of such schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories, physical education, dining, or recreational facilities; and

(3) three years for multiple dwellings and all nonresidential occupancies.

(b) Nothing in this subdivision shall require or be construed to require regular, periodic inspections of owner-occupied one and two-family dwellings and associated accessory structures; or agricultural buildings used directly and solely for agricultural purposes, provided, however, that this shall not be a limitation on inspections conducted at the invitation of the owner or occupant, or where conditions on the premises threaten or present a hazard to public health, safety, or welfare.

(c) Remote inspections in lieu of in-person inspections may be performed when, at the discretion of the department, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows, to the satisfaction of the department, that the premises conform with the applicable requirements of the Codes.

(d) In addition to the inspections required by subdivision (a) of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the department at any time upon the request of the owner to be inspected; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.

(e) After the inspection, the premises shall be noted as satisfactory, or the owner shall be notified as to the manner in which the premises fails to comply with the Uniform Code and this Part, as applicable, including a citation to the specific provision or provisions that have not been met. The owner shall be responsible for correcting the deficiencies noted within the timeframes established, including obtaining any necessary permits to perform the work. The owner shall notify the department when the premises is ready for reinspection, and the department will then perform another fire safety and property maintenance inspection as necessary.

(f) At the discretion of the department, the department may accept an inspection of a building referred to in section 1202.9(a)(2) of this Part performed by the Office of Fire Prevention and Control or other authorized entity pursuant to sections 807a and 807b of the Education Law and/or section 156e of the Executive Law, in lieu of an inspection performed by the department provided that:

(1) the department is satisfied that the individual performing the inspection has met the requirements of Part 1208 of this Title applicable to either building safety inspectors or code enforcement officials (as those terms are defined in Part 1208 of this Title);

(2) the department is satisfied that such inspection covers all elements required to be covered by a fire safety and property maintenance inspection;

(3) such inspections are performed no less frequently than once a year;

(4) a true and complete copy of the report of each such inspection is provided to the department following the inspection; and

(5) upon receipt of each such report, the department shall take the appropriate action prescribed by section 1202.9(e) of this Part or verifies the authorized entity performing the inspection has taken the appropriate action consistent with section 1202.9(e) of this Part.

(g) The fee(s) specified in or determined in accordance with section 1202.15 of this Part must be paid prior to or at the time of each inspection performed by the department.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1202.9

Adopted New York State Register December 28, 2022/Volume XLIV, Issue 52, eff. 12/30/2022