August 16, 2002

Advisory Letters

Last update of information 03/13/03

August 16, 2002

David Kuzon

Gastite Systems

Titeflex Corp

603 Hendee Street

PO Box 90054

Springfield, MA 01139-0054

RE: Approval of Corrugated Stainless Steel Tubing (CSST)

CSA, ICBO, IAPMO Certificates of Compliance

DHCR Advisory letter AL-017, February 4, 1993

Dear Mr Kuzon:

This is in response to your request regarding the approval for use of corrugated stainless steel tubing (CSST) for fuel gas delivery systems. You have submitted CSA, ICBO, IAPMO Certificates of Compliance and a DHCR Advisory letter AL-017 dated February 4, 1993; all of which prove compliance with the present and new Uniform Codes.

Your concern stems from the fact that various local governments do not allow the use of CSST, as though they had an approved (by the NYS Fire Prevention and Building Code Council) more restrictive local law applicable to CSST. I have not been able to find any local governments which have such approved local laws. Therefore, the use of CSST should not be prohibited.

This advisory opinion is rendered based upon the information provided. Administration and enforcement of the code are within the jurisdiction of the local authority. If you have questions regarding this advisory, please call me at (518) 474-4073.

Sincerely,

Cheryl A. Fischer, P.E.

Assistant Director for Code Interpretation

Codes Division

Al02-061

August 15, 2002

Kenneth A. Jennison, CEO

Owego Town Hall

2354 State Route 434

Apalachin, NY 13732

RE: Pool less than 24 inches deep

9 NYCRR 720.2(b)

Dear Mr. Jennison:

This is in response to your question regarding a pool less than 24 inches deep. Specifically you ask if any pool filled to only 23 inches can be exempt from the requirements of section 720.1, for swimming pool enclosures.

Section 720.2(a) specifically states that above-ground pools with at least 46 inches between pool decking or pool top and adjoining grade are exempt from the requirements of section 720.1 of this Part provided that their access ladder or steps can be blocked in an approved manner when not intended for use. This section clearly addresses the top of the pool wall vs the grade of the soil around the pool.

However, section 720.2(b) states only that a pool less than 24 inches deep is exempt from the requirements of section 720.1 of this Part. It is our opinion that this section refers to water depth. Thus, if a pool has a scupper, or similar device which limits the water level to less than 24 inches, it is exempt. However, one cannot just fill the pool to less than 24 inches if such a feature is not present.

Sincerely,

Cheryl A. Fischer, P.E.

Assistant Director for Code Interpretation

Codes Division

Al02-060

August 6, 2002

Patricia Peckham

Acadia Farm, Inc.

PO Box 675

Bedford, NY 10506

RE: Horse Riding Arena as a Non-Residential Farm Building?

9 NYCRR 651.3

Dear Ms Peckham:

You have asked regarding the classification of a horse riding arena as a non-residential farm building, in accordance with the above referenced section of the Uniform Code. Specifically you ask if you can enclose the walls of an existing horse riding arena which is 80 feet by 200 feet (16,000 square feet). The pole barn without walls is not a building and not subject to the construction requirements of the code. It is our opinion that an enclosed horse riding arena cannot be classified as a non-residential farm building.

An indoor horse riding arena for the use of the people boarding their horses on said farm is classified as a C4.2 occupancy. If such arena is used for other than private purposes, such as teaching horsemanship skills or entertainment for the public, the occupancy classification in C5.1 (up to 300 persons). The allowable area for such a building is 4,000 square feet for a C4.2 and 6,000 square feet for a C5.1 of wood frame construction.

Please be advised that Commissioner's Interpretations No. 194 and 299, issued on November 19, 1985 and December 10, 1986 respectively, address this issue. A copy of each interpretation is enclosed for your information. There was a change in the Agriculture & Markets Law since these CI?s were written, to include commercial horse boarding operation in agricultural districts, thereby allowing such to be classified as non-residential farm buildings. However, this is applicable to horse boarding facilities (stables), not riding facilities.

In that there has been no relevant change in the Uniform Code since the interpretations were issued, C.I. Nos. 194 and 299 remain in force with respect to indoor riding arenas. In accordance with Executive Law § 376(4), subsequent enforcement of the Uniform Fire Prevention and Building Code shall be consistent with the interpretation.

This advisory opinion is rendered based upon the information provided. Administration and enforcement of the code are within the jurisdiction of the local authority. If you have any questions or wish to discuss this matter further, please call me at (518) 474-4073.

Sincerely,

Cheryl A. Fischer, P.E.

Assistant Director for Code Interpretation

Codes Division

Al02-057

August 6, 2002

Barbara Howard

Chase Meadow Farms

315 Mills Road

North Salem, NY 10560

RE: Horse Riding Arena as a Non-Residential Farm Building?

9 NYCRR 651.3

Dear Ms Howard:

You have requested a code interpretation regarding the classification of a horse riding arena as a non-residential farm building, in accordance with the above referenced section of the Uniform Code. In the interest of not further delaying the applicable project, we are responding in letter format. It is our opinion that a horse riding arena cannot be classified as a non-residential farm building.

This advisory opinion is rendered based upon the information provided. Administration and enforcement of the code are within the jurisdiction of the local authority. If you have any questions or wish to discuss this matter further, please call me at (518) 474-4073.

Sincerely,

Cheryl A. Fischer, P.E.

Assistant Director for Code Interpretation

Codes Division

Al02-056

CI req. 0318

July 25, 2002

Steven R. Cotler, AIA

Cotler & Horsch Architects, P.C.

950 Loudon Road, Suite 270

Latham, NY 12110

Re: Rail Sidings as ?Public Ways? or ?Yards?

BCNYS 507.2

Dear Mr. Cotler:

This letter is in response to your request regarding whether or not a rail siding qualifies as a public way or a yard. It is our opinion that a rail siding located on the same lot would be considered a yard, but not a public way.

Section 202 of the Building Code of New York State (BCNYS) defines a yard as ?an open space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this code, on the lot which the building is situated.? While a rail siding is not specifically defined in the code, it is our opinion that it would be considered unobstructed open space even though railcars may be positioned on the tracks from time to time.

A rail siding that is not on the same lot would not meet the definition of a public way since it is neither owned or deeded to the public nor intended for public use.

This advisory opinion is rendered based upon the information provided. Administration and enforcement of the code are within the jurisdiction of the local authority. If you have any questions or wish to discuss this matter further, please call me at (518) 474-4073.

Sincerely,

Daniel E. Nichols

Fire Protection Engineer I

Division of Code Enforcement and Administration

AL 02-049

July 9, 2002

Paul Coons

NYS Office of Mental Health

Capital District Psychiatric Center Units Q & R

75 New Scotland Avenue

Albany, NY 12208

RE: Height and length of countertop and work table surfaces

9 NYCRR 1102.1(c)

Dear Mr. Coons:

You have requested a code interpretation regarding the height and length of countertop and work table surfaces in both NYS run and private not-for-profit run B1 community residence facilities, with various number of occupants, in accordance with the above referenced section of the Uniform Code. In the interest of not further delaying the applicable project, we are responding in letter format. It is our opinion that countertops and work table surfaces, and other adaptable features within a dwelling unit, are required to be adaptable to accommodate the residents as needed.

You correctly state that individual detached community residences with 16 or fewer residents are classified as A1 one-family dwellings and are not required to be accessible or adaptable. You further state that community residences with more than 16 residents or in buildings containing more than two residential units are classified as B1, permanent multiple dwellings. These B1 occupancy dwelling units are the focus of your request.

Section 1102.1(c)(3) provides that the number of adaptable units shall comply with Table I-1102. There are no requirements for accessible dwelling units. Additionally, section 1102.1(e) states that a dwelling unit comprised or two of more stories within itself is not required to be adaptable. Section 1102.1(c)(1) requires that adaptable dwelling units comply with section 4.33 of CABO/ANSI A117.1-1992, entitled ?Accessible and Usable Buildings and Facilities? (RS 72). This section further states that adaptable dwelling units are units in multiple dwellings which when converted and equipped ... so that they can be converted for use by a person with physical disabilities with minimum structural change.

CABO/ANSI A117.1 defines adaptability as ?the capability of certain building spaces and elements, such as kitchen counters, sinks, and grab bars, to be altered or added so as to accommodate the needs of persons with and without disabilities, or to accommodate the needs of persons with different types or degrees of disability.? The common areas which access each dwelling unit are required to be accessible. Section 4.33 provides the dimensional requirements for both accessible and adaptable dwelling units. Section A4.33.2 (in appendix A) further explains that individuals can have different needs depending upon their disability and each dwelling unit is adapted to accommodate the needs of the resident. Therefore, countertops and work table surfaces are not required to be accessible and are adapted to accommodate the needs of the residents as necessary.

This advisory opinion is rendered based upon the information provided. Administration and enforcement of the code are within the jurisdiction of the local authority. If you have any questions or wish to discuss this matter further, please call me at (518) 474-4073.

Sincerely,

Cheryl A. Fischer, P.E.

Assistant Director for Code Interpretation

Codes Division

Al02-043

CI req. 0317

July 2, 2002

David F. West, CEO

197 Main Street

Cooperstown, NY 13326

RE: Disposal of equipment condensate

9 NYCRR 903.3

Dear Mr. West:

You have requested a code interpretation regarding the proper disposal of equipment condensate, in a hospital, in accordance with the above referenced sections of the Uniform Code. In the interest of not further delaying the applicable project, we are responding in letter format.

It is our opinion that the condensate from equipment, such as HVAC units, is properly disposed of in the sanitary drainage system. Although the Uniform Code does not specifically address this issue, section 903.3, entitled ?Fixture and equipment connections to sanitary drainage fixtures?, subsection (b) requires air breaks at waste outlets of equipment used for storage, preparation or processing of food or drink. Additionally, subsection (d) requires indirect waste connections for other equipment.

I spoke with a representative from the Department of Health concerning such equipment in hospitals. He stated that because of the incidence of Legionaire?s disease, condensate should be disposed of in the sanitary drainage system, so that it can be sanitized. He also stated that all mechanical systems are required to be certified by the professional engineer or the registered architect.

This advisory opinion is rendered based upon the information provided. Administration and enforcement of the code are within the jurisdiction of the local authority. If you have any questions or wish to discuss this matter further, please call me at (518) 474-4073.

Sincerely,

Cheryl A. Fischer, P.E.

Assistant Director for Code Interpretation

Codes Division

Al02-042

CI req. 0316

June 12, 2002

Frederick A. Warner

The Inspector

PO Box 276, Rte 9N

Jay, NY 12941

RE: National Electric Code

Dear Mr. Warner:

This is to confirm our conversation of this morning regarding the referenced versions of the National Electric Code, NFPA 70. The Uniform Fire Prevention and Building Code (Uniform Code) references the 1993 version of NFPA 70. Electrical inspections shall provide for conformance to the referenced version and not to newer versions. Each version of the reference standards has to be approved by the Fire and Building Code Council (Codes Council) before it is referenced for use.

New York State has adopted the family of International Codes with modifications specific to New York State. These codes will replace the Uniform Code effective December 30, 2002. There will be a 180 day transition period starting July 3, 2002 in which the permit applicant may request the use of the new codes. The Codes Council has adopted the 1999 version of NFPA 70 for use in the new Uniform Code.

Sincerely,

Cheryl A. Fischer, P.E.

Assistant Director for Code Interpretation

Codes Division

Al02-040

July 8, 2002

Mr. Ben Suzuki

HLW International LLP

115 Fifth Avenue

New York, NY 10003

Re: Use of Cold and Warm Storage Boxes in corridors

BCNY- 1004.2.3, 2603.4, 1103.1

MCNY- 1101.1

Dear Mr. Suzuki:

This letter is in response to correspondence regarding the installation of warm and cold storage boxes in a corridor. At issue is whether these units can be utilized in a corridor within a three story research laboratory. It is our opinion that these units can be installed in a corridor, in accordance with the Building Code of New York State (BCNY), with restrictions.

The information submitted shows cold and warm storage boxes that are recessed into alcoves and opening into the corridor. Product descriptions show that the boxes are equipped with refrigeration equipment to maintain a specific temperature and are approximately 50 square feet in area. Since the code does not discriminate between storage rooms of different temperatures below the ambient, these storage boxes are, for the purposes of the Code, considered as ?walk-in coolers.?

Since the building in question is equipped with an automatic sprinkler system, per Section 1004.3.2, the corridor that these walk-in coolers are proposed to be located is not required to have a fire-resistance rating. Additionally, no restrictions exist in the code regarding installation of coolers in an exit access.

The coolers are required to meet other provisions of the Code including, but not limited to, Sections 2603.4.1, 1003.3.1, and 1103.1 as well as Chapter 11 of the Mechanical Code of New York State (MCNY).

This advisory opinion is rendered based upon the information provided. Administration and enforcement of the code are within the jurisdiction of the local authority. If you have any questions or wish to discuss this matter further, please call me at (518) 474-4073.

Sincerely,

Daniel E. Nichols

Fire Protection Engineer I

Division of Code Enforcement and Administration

AL 02-003

May 22, 2001

Kevin Shea, CEO

T/Bethlehem Bldg Dept

445 Delaware Ave

Delmar NY12054

RE: Small swimming/wadding pools

9 NYCRR 720

Dear Mr. Shea:

You have asked our opinion regarding the need for swimming pool fences for small swimming or wadding pools with wall heights more than 24 inches, in accordance with the above referenced section of the Uniform Code. It is our opinion that these pools are required to be fenced.

Section 720.1, states in part, ?Outdoor swimming pools shall be provided with an enclosure which shall comply with the following:? Section 720.2 provides exemptions as follows:

(a) Above-ground pools with at least 46 inches between pool decking or pool top and adjoining grade are exempt from the requirements of section 720.1 of this Part provided that their access ladder or steps can be blocked in an approved manner when not intended for use, and

(b) A pool less than 24 inches deep is exempt from the requirements of section 720.1 of this Part.

The pools you describe have many variations from metal side walls to wider bottoms with inflated edge rings, to variable number of inflatable tubes on top of one another. Many are under 24 inches in height, but there are many which have a wall height of 30 inches and 36 inches. Most of those have a filtration and/or chlorination system and a ladder. Section 606.3(a)(208) defines the term ?swimming pool? as a structure intended for bathing, swimming or diving purposes, made of concrete, masonry, metal or other impervious materials, and provided with a recirculating and/or controlled water supply. The pools which are over 24 inches in height meet the definition of swimming pool. There is no provision for a ?temporary? swimming pool in the code. Therefore, all such pools which have a wall height more than 24 inches and less than 46 inches are required to have swimming pool enclosures in compliance with section 720. 1 of the code.

This advisory opinion is rendered based upon the information provided. Administration and enforcement of the code are within the jurisdiction of the local authority. If you have any questions or wish to discuss this matter further, please call me at (518) 474-4073.

Sincerely,

Cheryl A. Fischer, P.E.

Assistant Director for Code Interpretation

Codes Division

Al01-062