Department of State - Division of Code Enforcement and Administration

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Frequently Asked Questions - Building Code

Q. Are guard rails required on all part of a site?  
Q. What is the allowable projection for handrails? 
Q. What is the required width of an accessible stair? 
Q. Is an elevator required for all R-2, permanent multiple dwellings?  
Q. What are the provisions for special wind regions? 
Q. Where can I get the seismic information for BC section 1614? 
Q. Who performs the  structural tests and special inspections required in BC Chapter 17? 
Q. Can a building be constructed without footings to frost?  
Q. What are the enclosure requirements for a commercial kitchen?
Q. Is fire-retardant plywood permitted as part of a fire-rated assembly?
Q. What code sections apply when an M occupancy is converted to a day care center?

Q.    Are guard rails required on all part of a site?  

A.   No.  BC section 1003.2.12, in the section providing requirements for the means of egress, states “guards shall be located along open-sided walking surfaces, mezzanines, industrial equipment platforms, stairways, ramps and landings which are located more than 30 inches (762 mm) above the floor or grade below.”

Q.   What is the allowable projection for handrails? 

A.   BC section 1003.2.5.3 provides for horizontal projections as follows:  Structural elements, fixtures or furnishings shall not project horizontally from either side more than 4 inches (102 mm) over any walking surface between the heights of 27 (686 mm) and 80 inches (2032 mm) above the walking surface.

EXCEPTION: Handrails serving stairs and ramps are permitted to protrude 4.5 inches (114 mm) from the wall.

 

Q.   What is the required width of an accessible stair? 

A.   BC section 1003.2.13.2 addresses enclosed exit stairways:  An enclosed exit stairway, when it is part of an accessible means of egress, shall have a clear width of 48 inches (1219 mm) minimum between handrails and shall either incorporate an area of refuge within an enlarged floor-level landing or shall be accessed from either an area of refuge complying with section 1003.2.13.5 or a horizontal exit. Also see the exceptions.

 

Q.   Is an elevator required for all R-2, permanent multiple dwellings?  

A.   No.  BC section 1107.7 provides exceptions when there is no elevator service in the building, providing that those type B units on floors which are accessible from grade, shall be on an accessible route.

Q.   What are the provisions for special wind regions? 

A.   BC section 1609 and RC section 301.2 address the basic wind speed.  Please refer to NYSDOC Codes Technical Bulletin:  August 2002 - Volume 5 - No. 1R, entitled “Clarification of Wind Maps” which was previously mailed to all code enforcement officials.

Q.   Where can I get the seismic information for BC section 1614? 

A.   ICBO provides a CD “Seismic Design Parameters” for free with the purchase of Code Books.  NYS has purchased code books for each code enforcement official.  The information can also be found on the following web sites:

http://geohazards.cr.usgs.gov

www.fema.gov

Q.   Who performs the  structural tests and special inspections required in BC Chapter 17? 

A.   While BC Section 109 provides that the local code enforcement official it typically responsible for inspections as required in 19 NYCRR 444, special inspections are treated differently.  BC section 1704.1 requires  special inspections “where application is made for construction as described in this section, the owner or the registered design professional in responsible charge acting as the owner's agent shall employ one or more special inspectors to provide inspections during construction on the types of work listed under section 1704.  The special inspector shall be a qualified person who shall demonstrate competence, to the satisfaction of the code enforcement official, for inspection of the particular type of construction or operation requiring special inspection.  These inspections are in addition to the inspections specified in section 109.”  These include:  inspection of fabricators, steel construction, concrete construction, masonry construction, wood construction, soils, pile foundations, pier foundations, wall panels and veneers, sprayed fire-resistant materials, exterior insulation and finish systems (EIFS), special cases, and special inspection for smoke control.

Q.   Can a building be constructed without footings to frost?  

A.   Yes.  BC section 1805 provides for a variety of footing and foundation systems, which refer to specific chapters such as Chapter 19 for concrete and require an engineered design.

Q.   What are the enclosure requirements for a commercial kitchen?

A.   There are no requirements for the enclosure of a commercial kitchen.  Footnote h of BC Table 302.3.3 states that commercial kitchens need not be separated from the restaurant seating areas that they serve.

Q.   Is fire-retardant plywood permitted as part of a fire-rated assembly?

A.   Yes. Fire-resistant rated assemblies are determined in accordance with the ASTM E119 test procedure.  Fire-retardant treated plywood may be found in such assemblies.  Where fire-resistant rated assemblies are required in interior and exterior non-bearing walls and roof construction, the rating and combustibility must be in accordance with BC Table 601.  Note that in footnote c, item 3, combustible material is allowed in buildings not over two stories in height.  BC section 603.1 discusses the use of combustible material in type I and II construction applicable to non-bearing walls and partitions, and roof construction.  Except for roof construction in one and two story type I and II buildings, all structural materials, interior and exterior bearing walls and floor construction must be non-combustible.

Q.   What code sections apply when an M occupancy is converted to a day care center?

A.   Child day care centers have an I-4 occupancy classification for 5 or more children under the age of 2 ½ years old, an E occupancy for children over 2 ½ years of age, and an E occupancy for 5 - 100 children, 2 ½ years or less; where on the level of exit discharge each room has a door directly to the exterior.  Chapter 8 of Appendix K is applicable to the conversion of such a space.

 

 

Ronald Piester AIA, Director

New York State Department of State
Division of Code Enforcement and Administration

One Commerce Plaza

99 Washington Ave.

Albany, NY 12231

E-mail: codes@dos.state.ny.us
Telephone: (518) 474-4073
Fax: (518) 486-4487