Town Board MeetingPresentation – Outdoor Wood Boilers

May 10,2010

Statutory Authority – Executive Law, Art.18

Uniform Fire Prevention and Building Code 19 NYCRR Part 1219 - 1228

Promulgated by State Fire Prevention and Building Code Council 17 Members Chair – Secretary of State

Applicable since 1984 Based upon International Codes since

2003

Statutory Authority – Executive Law, Art.18• Article 18

19 NYCRR Part 1203• Minimum Standards for Administration and

Enforcement• Promulgated by Department of State

Applicable since 1984

“Every city, town, village, and county….shall provide for administration and enforcement (of the Uniform Code) by local law, ordinance or other appropriate regulation.”

19 NYCRR 1220 Residential Code of New York State

19 NYCRR 1223 Mechanical Code of New York State

19 NYCRR 1226 Property Maintenance Code of New York

State

Residential Code of NYS § R202 - Definitions

“APPLIANCE. A device or apparatus that is manufactured and designed to utilize energy and for which the code provides specific requirements.”

“EQUIPMENT. See Appliance.”

Residential Code of NYS § M1401.4

Mechanical Code of NYS § 303.6

“Equipment installed outdoors shall be listed and labeled for outdoor installation.”

“Heating and cooling equipment and appliances shall be installed in accordance with manufacturer’s installation instructions…”

Not addressed by Uniform Code Appliances not subject to distance

separation criteria

Property Maintenance Code of NYS § 302.6

“Pipes, ducts, conductors, fans, or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.”

Uniform Code does regulate OWB’s, however: Regulation focuses on installation

Listing and labeling of appliance Appliance location is not addressed Specific criteria for application of PMCNYS

§302.6 under development Manufacturer’s installation instructions are

critical

Develop criteria for application of PMCNYS §302.6 (in progress) Provide guidelines for Code Enforcement Official

to apply code language “directly upon abutting or adjacent public or private property…”

Adopt a local law LL’s promulgated under authority of Exec Law

Article 18 (More restrictive local standards) are subject to review and approval by NYS Code Council

LL’s promulgated under Zoning authority not subject to Code Council review

Amend Uniform Code Submit proposal to State Fire Prevention and

Building Code Council (next review cycle) Support CEO/NYSBOC participation on NYS

Technical subcommittees Amend International Code(s)

Submit proposal to International Code Council (ICC)

Support CEO/NYSBOC participation in ICC Code Development Process

Support Code Enforcement Official education• 24 hour in-service requirement (DOS

regulation) Support Code Enforcement Official

participation in NYSBOC Support Code Enforcement Official

participation in code development• NYS Technical Subcommittees• ICC Code Development Process

Ronald Piester, AIA, DirectorRonald Piester, AIA, DirectorDivision of Code Enforcement Division of Code Enforcement and Administrationand Administration

New York State Department of New York State Department of StateState99 Washington Avenue, Suite 99 Washington Avenue, Suite 11601160Albany, New York 12231Albany, New York 12231

P 518-474-4073 F 518-486-4487P 518-474-4073 F 518-486-4487ronald.piester@dos.state.ny.uswww.dos.state.ny.us/code