New York code adoption

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infinity

Moderator
Staff member
Location
New Jersey
Occupation
Journeyman Electrician
Re: New York code adoption

New York state does not have a state electrical code. You would need to check with the individual city or county to see what they have adopted.
 

infinity

Moderator
Staff member
Location
New Jersey
Occupation
Journeyman Electrician
Re: New York code adoption

What I meant was that NYS doesn't have a code that applies everywhere throughout the state. New Jersey has a statewide code and prohibits local amendments. In NYS what is code compliant in one county may or may not be when you drive down the road into the next. Also NYS doesn't have a statewide licensing program. Some places don't even require a license.
 

wbalsam1

Senior Member
Location
Upper Jay, NY
Re: New York code adoption

Presently, New York State is using the 1999 edition of NFPA 70 for the Building Code of New York State (see Chapter 27, Appendix K) and a stand-alone electrical code for the one and two family dwellings and townhouses. This residential stand-alone code is actually written by NFPA and based on the 1999 edition of the NEC. The numbering system is amended to reflect the International code style.
The New York State Codes Council is presently reviewing proposals from the NYS Department of State to include the 2005 NEC and skip the 2002 edition altogether. The Council will more than likely include the 2005 for adoption at its' September meeting and if successful , adoption could be by Jan., Feb., or March of 2006. It is also underway to amend the Residential Code to include the 2005, although the timing of that code cycle may not be the same as for the BCNYS.
All governmental entities, including towns, villages and cities (with the exception of NYC) are mandated to comply with the New York State Uniform Fire Prevention and Building Code which references the 1999 NEC.

[ August 02, 2005, 08:11 AM: Message edited by: wbalsam1 ]
 

bill addiss

Senior Member
Re: New York code adoption

We have a Township on Long Island (NY) that has already adopted the 2005 NEC for some installations (maybe non-Residential?). My understanding is that this is permissable because it is more stringent than the NYS mandated Code.

Bill
 

wbalsam1

Senior Member
Location
Upper Jay, NY
Re: New York code adoption

To Bill Addiss: Hi Bill: It is my understanding that in order for any community within NYS (except NYC) to adopt rules more restrictive than those regulations found within the New York State Uniform Fire Prevention and Building Code, such community must apply to the Secretary of State and the Codes Council for a More Restrictive Local Standard (MRLS). The Secretary will then direct the Department of State to review the request and if it is in some way unique and has merit, send it to the Council for a vote and implementation. It must be that your community has done so, although I think it highly unlikely. This is not an easy task.
For more info on this, please visit: www.dos.state.ny.us/code/mrls.htm

[ August 01, 2005, 12:18 PM: Message edited by: wbalsam1 ]
 

bill addiss

Senior Member
Re: New York code adoption

wbalsam1,

I'm referring to the Town Of Brookhaven. I couldn't find anything on the web to confirm, but I first heard this at a local 'Roundtable' meeting (in April?) which was attended by representatives from the DOS that came down from Kingston, as well as local County officials, area Fire Marshalls, Inspectors and ECs.

Bill
 

allenwayne

Senior Member
Re: New York code adoption

Go to the building dept and ask what are you required to meet NEC for what year or the NYC code :D
 

bill addiss

Senior Member
Re: New York code adoption

In a relatively small area here we have codes based on the 1999, 2002 and 2005 NEC. It's strange.

Bill
 

wbalsam1

Senior Member
Location
Upper Jay, NY
Re: New York code adoption

Hi Bill:

I did a little research and it appears that a number of years ago the Town of Brookhaven passed a local law that was worded in such a way so as to adopt all NFPA standards as they become current. I was unable to observe any documents that would indicate that the Town law was ever reviewed or approved by the Code's Council. I truly believe that no such paper trail exists and it will take some convincing that the Town's ongoing application of those standards (including the 2005 NEC) is legally justifiable. When one reads how laws are enacted in the state, particularly with regard to the above mentioned local law, it is easy to determine that Brookhavens' local law has been enacted without benefit of proper and due process (must be sent to Secretary of State within 30 days of local enactment for review)and would certainly be challengeable. It is surely a mess when local governments tamper with a state-wide uniform law. It makes it particularly disturbing for contractors working in different areas to run up against different standards being enforced.

It should be noted that the above is strictly my opinion.
 

bill addiss

Senior Member
Re: New York code adoption

wbalsam1,

My understanding is that the Town of Brookhaven can adopt the most current version of the NEC as long as it is not less restrictive than the state referenced code ('99). This must be voted on each year.

I don't remember who first brought the subject up at the meeting, but I have no reason to doubt the information given by the Building Dept of Brookhaven, as there were at least 2 representatives from the NY Dept. of State Codes Division (one that came down from Kingston) seated a few feet away as it was discussed.

Bill
 

wbalsam1

Senior Member
Location
Upper Jay, NY
Re: New York code adoption

Hi Bill:

I don't think that lesser standards are permitted, so the topic relates to more restrictive ones. I think we both agree on this point. Having to do with such, I know that Executive Law 18,(NYS Uniform Fire Prevention and Building Code Act) Article 18 Section 379 has to do with this matter. Paragraph #2 states: If the council finds that such higher or more restrictive standards are reasonably necessary because of special conditions prevailing within the local government and that such standards conform with accepted engineering and fire prevention practices and the purposes of this article, the council shall adopt such standards, in whole or part. The council shall have the power to limit the term or duration of such standards, impose conditions in connection with the adoption thereof, and to terminate such standards at such times, and in such manner as the council may deem necessary, desirable or proper. It states further at paragraph #3 ... ...no municipality shall have the power to supersede,
void, repeal or make more or less restrictive any provisions of this article or of rules or regulations made pursuant hereto. It goes on to exempt, in a manner of speaking, Nassau County. Is the Town of Brookhaven in this County?
Thanks.

[ August 02, 2005, 05:59 PM: Message edited by: wbalsam1 ]
 

wbalsam1

Senior Member
Location
Upper Jay, NY
Re: New York code adoption

Hi Bill: I don't think the Codes Council is fully aware of what is going on in Brookhaven, or probably more likely, the DOS is so understaffed that their enforcement arm is very weak from continuous underfunding. Nonetheless it's still a shame when these communities think their electrical problems are so unique with regard to the rest of the communities across the state, that they break rank and file and uniformity. Makes it tough on all the rest. The whole purpose of uniformity is in both understanding and in application. Thanks for the chat, though.
 

pierre

Senior Member
Re: New York code adoption

Hello guys!! I am back from a vacation I did not want to end :(

Bill
Wbalsam has given you some of the best responses I have seen as relates to the NYS situation with code development.

His reference to the MRLS (more restrictive local standards) is right on the money. One can go to that web page and see what NYS has approved as far as MRLSs (all of the MRLS are municipality specific). All of NYS except NYC has to follow these codes, every municipality.

The one issue at hand is the shortage of personnel to enforce it, or who understand it well enough to enforce it, or who actually care.

Balsam was also correct as to the adoption of a new state code (change) most likely referencing the 2005 NEC with changes being made to the Residential Code. I am supposed to get some kind of answer tomorrow, lets see.
 

bill addiss

Senior Member
Re: New York code adoption

Pierre,

Good to see you back. :)
I'm going to try and get some verifiable info on the Brookhaven situation. If you know someone to ask please do.

Bill
 
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