N.Y. Comp. Codes R. & Regs. tit. 19 § 1205.1

Current through Register Vol. 46, No. 25, June 18, 2024

Section 1205.1 - Introduction, definitions, and scope

(a) Introduction. Section 381 of the Executive Law directs the Secretary of State to promulgate rules and regulations for the administration of the Uniform Fire Prevention and Building Code (Uniform Code), including the establishment of a procedure whereby any provision or requirement of the Uniform Code may be varied or modified. Such procedures are the subject of this Part.

(b) Definitions. Unless otherwise expressly stated, for the purposes of this Part, the following terms shall be deemed to have the meanings shown in this subdivision:

(1) Authority having jurisdiction. Any city, town, village, county, state agency, or other governmental unit or agency responsible for administration and enforcement of the Uniform Code.

(2) Construction document evidence. Evidence that all construction documents were prepared by a design professional, including, but not limited to, the design professional's seal which clearly and legibly shows both the design professionalï's name and license number and is signed by the design professional whose name appears on the seal in such a manner that neither the name nor the number is obscured in any way, the design professionalï's registration expiration date, the design professional's firm name (if not a sole practitioner), and, if the documents are submitted by a professional engineering firm and not a sole practitioner professional engineer, the firm's Certificate of Authorization number.

(3) Department. The New York State Department of State.

(4) Design professional. A licensed and registered architect in accordance with Article 147 of the New York State Education Law or a licensed and registered professional engineer in accordance with Article 145 of the New York State Education Law.

(5) Independent design professional. A design professional, licensed and registered to practice in the State of New York, who assumes the peer review responsibilities set forth in alternative compliance cases, and who is not an employee, coworker, partner, or subcontractor of the designer of the subject project. An independent design professional is one who does not engage in any activities that may conflict with their objective judgment and integrity, including but not limited to having a financial and/or other interest in the design, construction, installation, manufacture, or maintenance of the buildings or components that they are reviewing.

(6) Secretary. The Secretary of State, or their designee.

(c) Scope. The procedures set forth in this Part shall apply to variances or modifications of provisions or requirements of the Uniform Code only and shall not apply to variances or modifications of any standard or requirement of the State Energy Conservation Construction Code (Energy Code). Pursuant to Section 11-106 of the Energy Law, an application for a variance or modification of any standard or requirement of the Energy Code shall be made to the secretary.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1205.1

Amended New York State Register June 28, 2023/Volume XLV, Issue 26, eff. 6/28/2023