Department of State

PROPOSED RULE MAKING

HEARING(S) SCHEDULED

New York State Uniform Fire Prevention and Building Code (Uniform Code)

I.D. No. DOS-12-21-00010-P

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action: Amendment of section 1219.1; addition of Part 1228 to Title 19 NYCRR.

Statutory authority: Executive Law, section 377

Subject: New York State Uniform Fire Prevention and Building Code (Uniform Code).

Purpose: To amend the existing Uniform Code to add specific provisions applicable to rail stations.

Public hearing(s) will be held at: 10:00 a.m., May 27, 2021 at 99 Washington Ave., Room 505, Albany NY.

Due to the ongoing pandemic, the public hearing scheduled to accept public comments may be held virtually only. Instructions for attendance online or by phone will be provided on the Department of State's Division of Building Standards and Codes' website at https://www.dos.ny.gov/DCEA/ at least fourteen (14) days prior to the public hearing.

Interpreter Service: Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.

Accessibility: All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.

Text of proposed rule: 1. Section 1219.1 of Part 1219 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended to read as follows:

Section 1219.1 Uniform Fire Prevention and Building Code

The New York State Uniform Fire Prevention and Building Code (the Uniform Code), adopted pursuant to article 18 of the Executive Law, includes Part 1220 (Residential Construction), Part 1221 (Building Construction), Part 1222 (Plumbing Systems), Part 1223 (Mechanical Systems), Part 1224 (Fuel Gas Equipment and Systems), Part 1225 (Fire Prevention), Part 1226 (Property Maintenance), [and] Part 1227 (Existing Buildings), and Part 1228 (Rail Stations) of this Title and the publications incorporated by reference into those Parts.

2. Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended by adding a new Part 1228 to read as follows:

PART 1228.

Rail stations.

Section 1228.1. Introduction and purpose.

This Part applies to "rail stations" (as that term is defined in section 1228.2 of this Part). The purpose of this Part is to modify, for the purpose of application to rail stations, certain provisions and requirements of "Parts 1220 to 1227" (as that term is defined in section 1228.2 of this Part) and to add certain additional provisions and requirements that shall apply to rail stations.

Section 1228.2. Definitions.

(a) In this Part, the following terms shall have the following meanings:

(1) Back of house locations. The term "back of house locations" shall mean areas of a rail station that are intended for non-public occupancy and support the rail station and/or system operations.

(2) Fixed guideway transit system. The term "fixed guideway transit system" shall mean an electrified transportation system, utilizing a fixed guideway, operating on right-of-way for the mass movement of passengers within a metropolitan area, and consisting of its fixed guideways, transit vehicles, and other rolling stock; power systems; buildings; stations; and other stationary and movable apparatus, equipment, appurtenances, and structures.

(3) Parts 1220 to 1227. The term "Parts 1220 to 1227" shall mean Parts 1220 to 1227, inclusive, of this Title and the publications incorporated by reference in those Parts.

(4) Passenger rail system. The term "passenger rail system" shall mean a transportation system, utilizing a rail guideway, operating on right-of-way for the movement of passengers within and between metropolitan areas, and consisting of its rail guideways, passenger rail vehicles, and other rolling stock; power systems; buildings; stations; and other stationary and movable apparatus, equipment, appurtenances, and structures.

(5) Public locations. The term "public location" shall mean areas within a rail station intended for public occupancy.

(6) Rail station. The term "rail station" shall mean a building or structure, or portion thereof, that is utilized for the boarding and/or disembarking of passengers from train equipment, including passenger rail and fixed guideway transit systems, and ancillary spaces to such activities. This includes public locations, back of house locations, and trainways within the bounds of the building or structure. This shall not include shelter stops.

(7) Shelter stop. The term "shelter stop" shall mean a location along a fixed guideway transit or passenger rail system for the loading and unloading of passengers that is located in a public way and is designed for unrestricted movement of passengers. A shelter stop can have a cover but no walls or barriers that would restrict passenger movement.

(8) Trainway. The term "trainway" shall mean that portion of the system in which the vehicles operate.

(9) Uniform Code Provisions for Rail Stations. The term "Uniform Code Provisions for Rail Stations" shall mean the publication entitled "Uniform Code Provisions for Rail Stations" (publication date: March 2021) published by the New York State Department of State.

Section 1228.3. Provisions and requirements applicable to rail stations.

(a) General. Rail stations shall comply with all applicable provisions and requirements of Parts 1220 to 1227, as modified, where applicable, by the Uniform Code Provisions for Rail Stations, and with the additional provisions and requirements set forth in the Uniform Code Provisions for Rail Stations.

(b) Incorporation by reference. The Uniform Code Provisions for Rail Stations is incorporated herein by reference. Copies of the Uniform Code Provisions for Rail Stations may be obtained from the publisher and is available for public inspection and copying at the following address:

New York State Department of State
One Commerce Plaza, 99 Washington Avenue
Albany, NY 12231-0001.

(c) Referenced standards. The following referenced standard published by the National Fire Protection Association is incorporated hereby by reference: Standard for Fixed Guideway Transit and Passenger Rail Systems, 2020 edition, publication date 2019 (NFPA 130).

Copies of said publication may be obtained from the publisher at the following address:

National Fire Protection Association
One Batterymarch Park
Quincy, MA 02169-7471

Copies of said publication are available for public inspection and copying at the Office of the New York State Department of State located at One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001.

Text of proposed rule and any required statements and analyses may be obtained from: Chad Sievers, Department of State, 99 Washington Avenue, Suite 1160, Albany, NY 12231, (518) 728-4905, email: code.development@dos.ny.gov

Data, views or arguments may be submitted to: Same as above.

Public comment will be received until: Five days after the last scheduled public hearing.

Summary of Regulatory Impact Statement (Full text is posted at the following State website: https://www.dos.ny.gov/DCEA/):

1. STATUTORY AUTHORITY

Article 18 of the Executive Law (§ 370-383) establishes the State Fire Prevention and Building Code Council (hereinafter "Code Council") and authorizes such council to formulate a code to be known as the Uniform Fire Prevention and Building Code (hereinafter "Uniform Code"). The statutory authority for this rule is Executive Law § 377(1), which authorizes the Code Council to formulate the Uniform Code and, from time to time, to amend particular provisions of the Uniform Code.

This proposed rule would amend the Uniform Code by amending Part 1219 and adding a new Part 1228 to Title 19 of the New York Codes, Rules and Regulations, which would contain specific provisions in relation to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of rail stations. This proposed rule would incorporate by reference a publication entitled "Uniform Code Provisions for Rail Stations" published by the Department of State and the 2020 edition of the reference standard NFPA 130, "Standard for Fixed Guideway Transit and Passenger Rail Systems" published by the National Fire Protection Association (NFPA). The proposed rule and the publications to be incorporated by reference within the proposed rule would update the Uniform Code to adequately address the unique nature and design of rail stations in the State.

2. LEGISLATIVE OBJECTIVES

Executive Law § 371(2) provides that it is the public policy of the State of New York to provide for the promulgation of a Uniform Code addressing building construction and fire prevention in order to provide a basic minimum level of protection to all people of the State from hazards of fire and inadequate building construction. Executive Law § 371(2) further provides that in providing for such Uniform Code, it is the policy of this State to reconcile the myriad of existing and potentially conflicting regulations which apply to different types of buildings and occupancies; to place public and private buildings on an equal plane with respect to fire prevention and adequacy of building construction; to require new and existing buildings alike to keep pace with advances in technology concerning fire prevention and building construction, and to provide protection to both residential and non-residential buildings.

The Legislative objectives sought to be achieved by this proposed rule would be to provide an enhanced level of protection to the people of this State from the hazards of fire and inadequate building construction and to require buildings in this State to keep pace with advances in technology concerning fire prevention and building construction. These objectives will be achieved by adding new provisions to the Uniform Code that will provide specific provisions and requirements that shall apply to rail stations given the unique nature and design of rail stations in the State.

3. NEEDS AND BENEFITS

The purpose of this rule making is to amend the Uniform Code to include certain specific provisions and requirements that shall apply to rail stations. This proposed rule would define the term "rail station" as "a building or structure, or portion thereof, that is utilized for the boarding and/or disembarking of passengers from train equipment, including passenger rail and fixed guideway transit systems, and ancillary spaces to such activities. This includes public locations, back of house locations, and trainways within the bounds of the building or structure. This shall not include shelter stops."

NFPA 130 is published by the National Fire Protection Association, who is globally recognized for developing standards related to fire, electrical, and related hazards, and is the recognized standard for fixed guideway transit and passenger rail design. It addresses the uniqueness of rail stations by providing for the safety of rail station occupants through design requirements including specific provisions for fire alarm and sprinkler systems, standpipe systems, fire separation and fire rated construction, smoke control systems, and emergency communication and evacuation.

Although the Uniform Code recognizes underground buildings require special consideration, rail stations on fixed guideway transit systems would be exempt from the typical underground buildings provisions, leaving rail stations without the necessary specific provisions to address their unique nature. This has historically resulted in numerous variance applications to the Department of State Boards of Review through the process established under 19 NYCRR Part 1205 Uniform Code: Variance Procedures. Generally, any Board of Review variance decisions and mitigating criteria related to rail stations has historically relied heavily on the use of various parts of NFPA 130 to address the complications over the direct application of the current Uniform Code to new rail stations, and specific challenges for providing accessible entrances, fire safety improvements, and construction limitations within existing rail stations. Therefore, the proposed rule would incorporate by reference NFPA 130, and also make the necessary modifications, including the typical mitigating criteria as applicable, from past Board of Review decisions.

Given the unique nature and design of rail stations as defined by the rule, it is anticipated that a very small percentage of municipalities will actually be impacted by this proposed rule. The majority of rail stations in the State are currently in the custody of State construction-permitting agencies (see 19 NYCRR Part 1204) such as the Metropolitan Transportation Authority (MTA) or its affiliated agencies, with several other entities such as the Niagara Frontier Transportation Authority, Capital District Transportation Authority, the National Railroad Passenger Corporation (commonly known as "Amtrak", a federal agency not regulated by the Uniform Code), and some private operators operating rail systems. As defined within the rule, the provisions only apply to rail stations serving passengers on fixed guideway transit and passenger rail systems, which by definition are for the movement of passengers within and between metropolitan areas.

4. COST

a. COST TO REGULATED PARTIES FOR THE IMPLEMENTATION OF, AND CONTINUING COMPLIANCE, WITH THE PROPOSED RULE

Regulated parties are not expected to bear any additional net costs relating to the construction, operation, or maintenance of rail stations in comparison to the existing provisions contained within the Uniform Code. These regulated parties are limited in nature to those that operate rail stations as defined in the proposed rule. They would include those rail stations that are in the custody of a private corporation, a local government, a State Agency, or a regional transportation authority. Those designing and constructing rail stations will likewise realize savings for not having to utilize the variance process when designing and constructing these unique buildings, as noted below relating to the example of the impact to MTA, who has custody of the majority of the buildings impacted by this proposed rule.

In comparing the additional costs and the cost savings of utilizing the incorporated reference standard's requirements, the increased emphasis on a performance-based type of design allows regulated parties more flexibility in providing adequate safeguards, rather than prescriptive measurements that are small, when compared to the dimensions of most new rail stations. This flexibility allows for more cost savings to be realized by regulated parties as a rail station design becomes more complex and is being designed in existing urban areas. Additionally, due to the absence of any requirements for fixed guideway transit systems in the Uniform Code for underground buildings, additional overall costs are not expected since NFPA 130 has generally been the best practice document that is followed due to the absence of specific requirements currently in the Uniform Code.

Further information concerning costs and savings are discussed within Item #4 of the full Regulatory Impact Statement.

b. COST TO THE AGENCY, THE STATE AND LOCAL GOVERNMENTS FOR THE IMPLEMENTATION OF, AND CONTINUED ADMINISTRATION OF, THE RULE

5. LOCAL GOVERNMENT MANDATES

This proposed rule will not impose any new program, service, duty, or responsibility upon any county, city, town, village, school district, fire district, or another special district.

6. PAPERWORK

This rule will not impose any additional reporting or record keeping requirements. No additional paperwork is anticipated. The Department anticipates there will be a reduction in paperwork related to the elimination of the necessity for variances for rail stations. This reduction would be realized by both the applicants for variances, the Department of State as the secretariat to the Boards of Review, and the authorities having jurisdiction over the projects.

7. DUPLICATION

The proposed rule does not duplicate any existing Federal or State requirement.

8. ALTERNATIVES

Several alternatives to the adoption of the Uniform Code Provisions for Rail Stations were considered such as (1) to attempt to construct in accordance with the current version of the Uniform Code without the application of variances to projects; (2) the direct adoption of NFPA 130 without modifications proposed within the Uniform Code Provisions for Rail Stations publication, (3) to remove the exception to "fixed guideway transit systems" within Section 405 of the 2020 Building Code of New York State, regarding underground buildings; and (4) to utilize the 2020 Fire Code of New York State in its entirety without the provisions of the Uniform Code Provisions for Rail Stations publication. However, these alternatives were rejected for the reasons more fully set forth in Item #8 of the full Regulatory Impact Statement.

9. FEDERAL STANDARDS

There are no standards of the Federal Government that address the subject matter of the proposed rule.

10. COMPLIANCE SCHEDULE

The Department of State (DOS) and MTA notified the "regulated parties" (i.e., cities, towns, villages, counties, and State agencies that administer and enforce the Uniform Code and known entities who operate rail systems) of its intent to develop and propose this rule by means of a notice that was posted on the DOS website and contained in Building New York, an e-bulletin sent by DOS to local governments and other persons and entities interested in the construction industry. The notice was posted, and issued in the Building New York e-bulletin, prior to the filing of the Notice of Proposed Rule Making for this rule. Additionally, DOS worked closely with MTA, the agency with custody over the majority of the buildings impacted by this rule, in the development of the rule. MTA has performed outreach in the development of this rule making to the City of New York, State Agencies that would potentially be impacted by this rulemaking, and local governments where existing rail stations are currently located.

The target date for publishing a notice of adoption for this rule making is July 1, 2021. The Department anticipates that the rule will become effective ninety (90) days after the date such notice of adoption is published in the State Register, but the Department will recommend that the Code Council find that in the period during which changes to the code have been adopted but are not yet effective, a person shall have the option of complying with either the provisions of the code as changed or with the code provisions as they were set forth immediately prior to the change pursuant to Executive Law § 378(18)(b).

Regulatory Flexibility Analysis

1. EFFECT OF RULE:

This rule amends provisions in the Uniform Fire Prevention and Building Code ("Uniform Code") by amending Part 1219 and adding a new Part 1228 to Title 19 of the New York Codes, Rules and Regulations, which would contain specific provisions in relation to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of rail stations. The proposed rule would incorporate by reference the publication entitled "Uniform Code Provisions for Rail Stations" published by the Department of State and the reference standard NFPA 130 "Standard for Fixed Guideway Transit and Passenger Rail System" published by the National Fire Protection Association (NFPA). The proposed rule and the publications to be incorporated by reference within the proposed rule would update the Uniform Code to adequately address the unique nature and design of rail stations in the State. The Uniform Code is applicable in all areas of the State with the exception of the City of New York.

Given the specific definition of rail stations as provided for in the rule, the limited number of locations where buildings meeting the definition would be located, and the limited entities that would have custody of those buildings, it is anticipated that a very small percentage of municipalities will actually be impacted by this proposed rule. The majority of rail stations in the State are currently in the custody of State construction-permitting agencies (see 19 NYCRR Part 1204) such as the Metropolitan Transportation Authority (MTA) or its affiliated agencies, with several other entities such as the Niagara Frontier Transportation Authority, Capital District Transportation Authority, the National Railroad Passenger Corporation (commonly known as "Amtrak," a federal agency not regulated by the Uniform Code), and some private operators operating rail systems. As defined within the rule, the provisions only apply to rail stations serving passengers on fixed guideway transit and passenger rail systems, which by definition are for the movement of passengers within and between metropolitan areas. This would mean the provisions do not apply to systems utilized specifically for other uses such as systems used for tourist, scenic, historic, or excursion operations; conventional freight systems; or circus trains; thereby further narrowing the number of buildings and systems impacted by this rule. Stations not meeting the specific definition for "rail station" generally do not contain the same unique hazards and would therefore be able to comply with all other provisions of the Uniform Code. This aligns with the scope of NFPA 130 which specifically states that the standard does not cover requirements for those other types of rail systems.

Therefore, this proposed rule would have minimal, if any, impact on cities, towns, and villages of the State and small businesses.

2. COMPLIANCE REQUIREMENTS:

No reporting or record keeping requirements are imposed upon regulated parties by the rule.

3. PROFESSIONAL SERVICES:

Building owners typically rely on professionals for their expertise in building regulations with respect to design, construction, and operation and maintenance of buildings. The need for professionals for local governments or small businesses is consistent throughout the State.

4. COMPLIANCE COSTS.

As set forth above, the provisions only apply to rail stations serving passengers on fixed guideway transit and passenger rail systems, which by definition are for the movement of passengers within and between metropolitan areas. Accordingly, this proposed rule would have minimal, if any, cost for cities, towns, and villages of the State and small businesses.

The Department of State's Division of Building Standards and Codes, in addition to staff from MTA, will provide any necessary training, guidance documents, or technical support to the enforcement community on the application of this rule, at no cost to the code enforcement community. However, code enforcement personnel employed by the cities, towns, villages, and counties that are required to administer and enforce the Uniform Code will have no additional cost to enforce these requirements in the limited amounts that rail stations will be constructed or rehabilitated by non-State Agency entities. With respect to the City of New York, where a majority of the impacted buildings are located, there are no additional costs to the City of New York since the MTA agencies and affiliates within their jurisdiction are all construction-permitting agencies administering the Uniform Code with respect to MTA agency and affiliate projects. The rule does not change any requirements regarding the custody or responsibilities between local governments, including the City of New York, and State Agencies.

Further information regarding costs and savings associated with this proposed rule on regulated parties that design and construct rail stations, as defined by this proposed rule, are discussed within Item #4 of the full Regulatory Impact Statement.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

It is economically and technologically feasible for regulated parties to comply with the rule. This rule imposes no substantial capital expenditures. No new technology need be developed for compliance with this rule.

6. MINIMIZING ADVERSE IMPACT:

The economic impact of this rule on small businesses and local governments will be no greater than the economic impact of this rule on other regulated parties, and the ability of small businesses and local governments to comply with the requirements of this rule should be no less than the ability of other regulated parties to comply.

7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION:

The Department of State notified interested parties throughout the State of proposed text of this rule by posting a notice on the Department's website, and publishing a notice in Building New York, an electronic news bulletin covering topics related to the Uniform Code and the construction industry which is prepared by the Department of State and which is currently distributed to approximately 10,000 subscribers, including local governments, design professionals, and others involved in all aspects of the construction industry in all areas of the State, including local governments and small businesses. Additionally, the Department of State worked closely with MTA, the agency with custody over the majority of the buildings impacted by this rule, in the development of the rule. MTA has performed outreach in the development of this rule making to the City of New York, State Agencies that would potentially be impacted by this rulemaking, and local governments where existing rail stations are currently located.

Rural Area Flexibility Analysis

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS.

This proposed rule would amend provisions in the Uniform Fire Prevention and Building Code ("Uniform Code") by amending Part 1219 and adding a new Part 1228 to Title 19 of the New York Codes, Rules and Regulations, which would contain specific provisions in relation to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of rail stations. By amending Part 1219 and adding a new Part 1228 of Title 19 of the NYCRR, the proposed rule would incorporate by reference the publication entitled "Uniform Code Provisions for Rail Stations" published by the Department of State and the reference standard NFPA 130 "Standard for Fixed Guideway Transit and Passenger Rail System" published by the National Fire Protection Association (NFPA). The proposed rule and the publications to be incorporated by reference within the proposed rule would update the Uniform Code to adequately address the unique nature and design of rail stations in the State. Since the Uniform Code applies in all areas of the State (with the exception of New York City), this rule will apply in all rural areas of the State.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES.

The rule will not impose any reporting or recordkeeping requirements in rural areas or elsewhere in New York. This rule making will amend the Uniform Code to include certain additional provisions and requirements applicable to rail stations. Building owners typically rely on professionals for their expertise in building regulations with respect to design, construction, and operation and maintenance of buildings. The need for professionals in rural areas does not differ from such need in non-rural areas.

3. COMPLIANCE COSTS.

As set forth above, the provisions only apply to rail stations serving passengers on fixed guideway transit and passenger rail systems, which by definition are for the movement of passengers within and between metropolitan areas. Accordingly, it is not anticipated that rural areas will have any cost impact associated with this proposed rule.

Local governments and State agencies can obtain a copy of 19 NYCRR Part 1228 and the publication entitled "Uniform Code Provisions for Rail Stations" on the Department of State's website at no cost.Acopy of NFPA 130 "Standard for Fixed Guideway Transit and Passenger Rail System, 2020 Edition" can be viewed for free online or purchased in a digital or paper format for less than $70 on NFPA's website at www.nfpa.org. Further information regarding costs and savings associated with this proposed rule on regulated parties that design and construct rail stations, as defined by this proposed rule, are discussed within Item #4 of the full Regulatory Impact Statement.

4. MINIMIZING ADVERSE IMPACT.

The economic impact of this rule in rural areas will be no greater than the economic impact of this rule in non rural areas, and the ability of individuals or public or private entities located in rural areas to comply with the requirements of this rule should be no less than the ability of individuals or public or private entities located in non-rural areas.

5. RURAL AREA PARTICIPATION.

The Department of State notified interested parties throughout the State of proposed text of this rule by posting a notice on the Department's website, and publishing a notice in Building New York, an electronic news bulletin covering topics related to the Uniform Code and the construction industry which is prepared by the Department of State and which is currently distributed to approximately 10,000 subscribers, including local governments, design professionals, and others involved in all aspects of the construction industry in all areas of the State, including rural areas. Additionally, DOS worked closely with MTA, the agency with custody over the majority of the buildings impacted by this rule, in the development of the rule. MTA has performed outreach in the development of this rule making to the City of New York, State Agencies that would potentially be impacted by this rulemaking, and local governments where existing rail stations are currently located.

Job Impact Statement

The Department of State has determined that it is apparent from the nature and purpose of the proposed rule making that it will not have a substantial adverse impact on jobs and employment opportunities.

This proposed rule would amend the current version of the Uniform Fire Prevention and Building Code (Uniform Code) by amending Part 1219 and adding a new Part 1228 to Title 19 of the New York Codes, Rules and Regulations, which would contain specific provisions in relation to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of rail stations. The proposed rule would incorporate by reference the publication entitled "Uniform Code Provisions for Rail Stations" published by the Department of State and the reference standard NFPA 130 "Standard for Fixed Guideway Transit and Passenger Rail System" published by the National Fire Protection Association. The proposed rule and the publications to be incorporated by reference within the proposed rule would update the Uniform Code to adequately address the unique nature and design of rail stations in the State.

As a consequence, the Department of State concludes that this rule will not have a substantial adverse impact on jobs and employment opportunities, but it is anticipated that this rule may have a positive impact on jobs and employment opportunities in New York State.