Town Board Meeting Presentation – Outdoor Wood Boilers May 10,2010

 Statutory Authority – Executive Law, Art.18  Uniform Fire Prevention and Building Code  19 NYCRR Part  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  § M  Mechanical Code of NYS  § “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  § “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 § under development  Manufacturer’s installation instructions are critical

 Develop criteria for application of PMCNYS § (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, Director Division of Code Enforcement and Administration New York State Department of State 99 Washington Avenue, Suite 1160 Albany, New York P F