October 6, 2011: The Department of State's Division of
Consumer Protection and Division of Code Enforcement and Administration are
collaborating with the Consumer Product Safety Commission to advance Carbon
Monoxide Safety. Please read, post and share these materials to remind your
community to protect themselves from carbon monoxide poisoning!
http://www.cpsc.gov/nsn/COSafety.pdf http://www.cpsc.gov/info/co/index.html
![CPSC Carbon Monoxide Safety]()
Code Effective Date: December 28, 2010 (2010
Editions) U P D A T E D Received 5/12/2012
Source Documents:
19NYCRR 1221 - Building
Code of New York State (BCNYS)
19NYCRR 1227 - Existing Building
Code of New York State (EBCNYS)
19NYCRR 1220 - Residential Code of
New York State (RCNYS)
Topic: Procedure for Evaluation of Flood
Damaged Buildings or Improvements to an Existing
Building
Questions have arisen regarding the procedure
for plan review for new buildings and additions in the flood plain, and for the
evaluation of improvements to an existing building and flood damaged buildings,
to determine if the required proposed work in the building is a substantial
improvement. "Substantial improvement" is defined in the Federal Emergency
Management Agency (FEMA) regulations for the National Flood Insurance Program
(44 CFR 59.1) as being based on 50 percent of market value of the building. If
the building is damaged or to be improved, a licensed Real Estate
Appraiser shall ascertain the market value of the building before the
improvement or repair of the damage. Market value is usually determined by
comparison to other like or similar buildings in the immediate area and usually
has no relationship to the assessed value for tax purposes. FEMA guidance allows
use of assessed value of the structure (not including the land) divided by the
full value assessment ratio and shall be provided to the code enforcement
official, or other local authority involved, for review for a building
permit.
New buildings and substantially improved buildings in
flood hazard areas (including A Zone) or coastal high hazard areas (including V
Zone) are required to have the lowest floor elevated above the design flood
elevation (DFE) plus the appropriate freeboard of two feet for a residential
structure, or as determined by ASCE 24-05 for other structures. DFE is the
elevation of the "design flood," (including wave height) relative to the datum
specified on the community’s legally designated flood hazard map. Additions
which are a substantial improvement are required to comply. See Existing
Building Code of New York State Section 1003.5, Flood hazard areas and
Residential Code of New York State Section J803. See definition of
"substantial improvement."
The DFE is used to define areas prone to flooding,
and describe, at a minimum, the base flood elevation (BFE) at the depth of peak
elevation of flooding (including wave height) which has a 1 percent (100-year
flood) or greater chance of being equaled or exceeded in any given year. The BFE
is the elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or
other datum specified on the Flood Insurance Rate Map (FIRM). New and
replacement manufactured homes (HUD seal) shall be elevated in accordance with
the above requirements and shall have appropriate anchors and
tie-downs.
An individual who is a registered architect (RA) in
accordance with Article 147 of the New York State
Education Law or a licensed professional engineer
(PE) or licensed land surveyor in accordance with
Article 145 of the New York State Education Law shall
layout the placement for an addition, a new building or document the layout
(land survey) for a substantially damaged building or a building to be improved.
The land survey for a new building and for a substantially damaged building, the
as built, shall be provided to the code enforcement official for review for a
building permit. A registered design professional shall certify that the design
and methods of construction to be used meet the applicable criteria and submit
such to the code enforcement official for review for the building permit. Upon
completion of the building the registered design professional shall document the
final placement and elevation of a new building and a substantially damaged
building.
New buildings required to meet the requirements of
Residential Code of New York State Section R324 or Building Code of
New York State Section 1612, respectively. For a summary of these
requirements see the Technical Bulletin entitled "Flood Venting in Foundations
and Enclosures Below Design Flood Elevation." If there is less than substantial
damage, there is no requirement under floodplain requirements to comply with
flood codes for older structures that were not constructed under the FEMA flood
codes. In buildings in need of repairs, where the damaged less than substantial,
only the repairs are required to comply with the codes.
For buildings that are substantially improved, or
have been substantially damaged, new and replacement electrical equipment,
heating, ventilating, air conditioning, plumbing connections, and other service
equipment shall be located at or above the DFE. Electrical wiring and outlets,
switches, junction boxes and panels shall be elevated to or above the DFE unless
they conform to the provisions of the electrical part of the codes for location
of such items in wet locations. Duct systems shall not be installed below the
DFE. New and replacement water supply systems shall be designed to minimize
infiltration of flood waters into the systems in accordance with the plumbing
provisions of the codes. New and replacement sanitary sewage systems shall be
designed to minimize infiltration of flood waters into systems and discharges
from systems into flood waters in accordance with the plumbing provisions of the
codes. Building materials used below the DFE shall comply with the
following:
1. All wood, including floor sheathing, shall be
pressure-preservative treated in accordance with AWPA U1 or decay-resistant
heartwood or redwood, black locust, or cedars.
2. Materials and installation methods used for
flooring and interior and exterior walls shall conform to the provisions of
FEMA/FIA-TB-2.
3. All flood vents and air vents are required to
comply with FEMA TB-93-1.
As a aide to compliance for registered architects,
licensed professional engineers, land surveyors and code enforcement officials,
see the following plan review and inspection checklists:
Plan Review Checklist - Flood Hazard Area
Application Review - A Zones
Inspection Checklist - Flood Hazard Area
Inspections - A Zones
Plan Review Checklist - Flood Hazard Area
Application Review - V Zones
Inspection Checklist - Flood Hazard Area
Inspections - V Zones
http://www.dos.state.ny.us/code/forms.htm
Additionally, for each building subject to flood
hazard requirements, that is new, an addition and substantially damaged, an
Elevation Certificate is required to be provided by the registered design
professional to the code enforcement official, to certify the elevation
information, so that the community can maintain a record of the elevations for
flood insurance purposes within the community. The Elevation Certificate is a
standard form provided by the National Flood Insurance Program.
Special Notice
Inspection of Gas
Piping Installations
There have been reports that some local
governments responsible for code enforcement have not been
conducting or otherwise providing for inspections of gas
piping and vent installations, as well as installation of
gas-fired appliances. These installations must be
approved as part of the permitting and inspection process,
as provided for in Part 1203, minimum standards for
administration and enforcement of the uniform code.
Specifically, section 1203.3(b)(2)(v) requires inspections
of building systems, including underground and
rough-ins.
While it is a standard practice for code
officials to accept electrical inspection certifications, a
different situation prevails with regard to gas
installations. Unlike electrical installations and
associated inspections, there are generally not independent
third party inspection agencies, which are not associated
with either the installer or the public utility providing
supplies or transport of natural gas or LP-gas. Therefore, the required
inspections must be performed by the code enforcement
official, or an entity that provides the principal part of
an administration and enforcement program. Relying on
the utility provider for the inspection or the self
certification from the installation contractor is an
unacceptable practice.
If necessary to fulfill this responsibility,
local governments should adjust their provisions for
inspections at appropriate intervals. In addition to
distribution piping rough-in, there should be provisions for
inspection of gas vents and the installation of
appliances. Special attention should be paid when
corrugated stainless steel tubing is utilized for gas
distribution, as described on the Division’s website, at
http://www.dos.state.ny.us/code/CSST.htm.
Amendments
to Article 11 of the New York State Energy Law were signed
into law on December 13, 2010. The amended Article
11 takes effect on January 1, 2011.
A
brief discussion of major points of the law change affecting
existing buildings follows:
The
recent amendment of the State Energy Conservation
Construction Code (the “Energy Code”) became effective on
December 28, 2010.
As of that date, the Energy Code is set forth in the
2010 edition of the Energy Conservation
Construction Code of New York State (the “2010
ECCCNYS”).
In
addition, Article 11 of the New York State Energy Law has
been amended, effective January 1, 2011, by Chapter 560 of
the Laws of 2010.
This amendment of Article 11 of the Energy Law has
several significant impacts on the applicability of the
Energy Code to existing buildings.
For
further information, please refer to the 2010 ECCCNYS. The 2010 ECCCNYS is
available for viewing on-line at: http://publicecodes.citation.com/st/ny/st/b1200v10/index.htm
Notice of
Adoption
To be published in the September 29, 2010 edition of
the State
Register
Corrugated
Stainless Steel Tubing (CSST)
Requirements
Effective September 29, 2010.
At its meeting held on September 14, 2010, the
State Fire Prevention and Building Code Council found and
determined that making this rule, and the changes to the
Uniform Code to be implemented by this rule, effective
immediately upon the publication of the Notice of Adoption
in the State Register (September 29, 2010 edition) is
required to preserve public safety and to protect health,
safety and security by clarifying requirements for
electrical bonding of gas piping, clarifying requirements
for protection of gas piping against physical damage, and
adding new requirements for installation of gas piping made
of corrugated stainless steel tubing (CSST), which will
increase protection against fires caused by lightning
strikes in the vicinity of buildings equipped with CSST gas
piping and fires caused by accidental punctures of CSST gas
piping.
For code
text and more information please visit:
http://www.dos.state.ny.us/code/CSST.htm
May 15, 2010 : News from NYS Building and Fire Codes Department
Please view the following link for information pertaining to lead based paint removal requirements.
http://www.epa.gov/lead/pubs/sellsheet.pdf
