Uniform Fire Prevention and Building Code: Brief History and Flood Requirements

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Uniform Fire Prevention and Building CodeBrief
History and Flood Requirements

• Daniel E. Nichols, P.E.

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Overview

• History of Uniform Code
• Applicability and enforcement
• Flood provisions facts vs. myths
• Protection in the future
• Wrap-up/questions

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Instructor Biography

• Fire Protection Engineer New York State
  Department of State
• Division of Code Enforcement and Administration
• Currently assigned to Kingston regional office
• Chairman, Fire Code Technical Subcommittee
• Active participant and manager Disaster
  assistance response teams to southern tier,
  Catskills, and Long Island
• Member of several International Code Council
  Committees
• IBC- Fire Safety (past chairman)
• IBC- General
• CTC- Elevator Lobby
• Ad Hoc on Healthcare
• Member of several National Fire Protection
  Association Committees
• Historic Buildings and Cultural Resources
• Residential Board and Care
• Research Foundation on Smoke Alarm Functionality

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Uniform Code History

• In the early 1950s, the Multiple Dwelling Law
  and Multiple Residence Law were created
• First statewide requirements for construction
• Still in effect todaay
• At the same time, State Government starts to
  create a voluntary adoptable construction
  standard
• State Building Construction Code
• Very reminiscent to the first edition of the
  Basic Building Code, published by Building
  Officials and Code Administrators (BOCA)
• All building types covered by 1959 (single
  family, residential, and commercial)

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Uniform Code History

• In the early 1970s, State Government creates a
  voluntary adoptable fire prevention standard
• Uniform Fire Prevention Code
• In 1980, a survey shows that approximately 30 of
  the State has some sort of building or fire
  prevention code in place
• Mainly found around the big 5 cities, Long
  Island, and the Hudson Valley
• Communities could adopt any standards they wish
  at least 6 different building codes a 3 different
  fire prevention codes were in place not counting
  self-created documents

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Uniform Code History

• 1980- Two major fires
• November 21, 1980 MGM Grand- Las Vagas, NV
• Hotel/Casino Fire- 85 dead
• December 4, 1980 Stouffers Inn- Harrison, NY
• Conference Center- 26 dead
• Contributing factors identified were the
  inconsistency of building and fire prevention
  codes or lack thereof
• Town of Harrison did not have any codes
• Neighboring City of White Plains had a very
  restrictive building and fire prevention
  ordinance
• Stouffers was built on the line

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Uniform Code Act

• Chapter 707 of the Laws of 1981 created the
  Uniform Fire Prevention and Building Code Act
• Article 18 of the Executive Law
• Unique in its application
• Creates a Statewide Building and Fire Prevetion
  Code
• Locals cannot adopt laws to lower the minimum
  requirements
• Locals cannot adopt laws to raise the minimum
  requirements without State approval
• Locals are required to enforce the Uniform Code,
  or surrender their authority to the State
• Governments, including the State itself, is
  obligated to enforcement on government-owned
  buildings and premises
• All governments must be enforcing something by
  1982
• All governments must use the new Uniform Fire
  Prevention and Building Code by 1984

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How does code enforcement work?

• Each City, Town, Village and County is
  responsible for code enforcement within their
  jurisdiction
• Counties enforce requirements on county-owned
  buildings
• Any county or local government can opt-out of
  code enforcement
• Reverts to the next level of government of as
  delegated by the Secretary of State
• Must meet the minimum requirements set by the
  Secretary of State
• 19 NYCRR Part 1203
• City of New York permitted to continue with
  building and fire codes by Executive Law
• State Agencies must also follow the Uniform Code
• Done with an agency-designated code compliance
  manager
• Many agencies delegate their responsibility to
  other agencies
• OGS, DHESES, etc.

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Interface with State agencies

• Several State Agencies have licenses and/or
  construction requirements that are
  aligned/misaligned with the Uniform Code
• Department of Health
• Day Programs
• Assisted Living
• Cross connection requirements (Plumbing)
• Office of Mental Health
• Office of Persons with Developmental Disabilities
• Department of Environmental Conservation
• Department of Labor
• The Uniform Code is a regulation, and is not
  automatically superseded by other regulations

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Understanding flood provisions

• Flood-resistant construction is based upon
  whether a building is in a flood hazard area
• Within the 1 chance per year flood plain (100
  year event)
• Designated as a flood hazard area on a
  communitys flood hazard map or otherwise
  designated

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2 Types of Flooding

• Runoff Flooding

• Wave Action Flooding

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Terms commonly used with flood preparation
outside the Uniform Code

• Flood evacuation zones
• Developed by local jurisdictions to prioritize
  evacuation needs, based on flood potential,
  access, and population
• Not a tool for determining flood-resistance of
  buildings
• Useful as part of a fire safety and evacuation
  plan
• Freeboard
• A prescriptive elevation requirement within the
  Residential Code of New York State and ASCE 24

BOTH TERMS ARE NOT USED WITHIN THE BUILDING CODE
OF NEW YORK STATE
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Building Code Requirements

• Determine Building Category
• Medical buildings (Group I-2) with surgery or ED
  Category 4
• Other medical buildings (Group I-2) over 50
  patients Category 3
• Other medical buildings, such as residential
  board and care, assisted living, and small
  nursing homes Category 2

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Building Code Requirements

• Determine flood hazard area
• Base flood Elevation
• Design Flood Elevation
• Zone categories

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Highlights of ASCE24-05 FEMA.GOV
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Building Code Effectiveness

• Flood design becomes an issue in the 1970s
• Model Building Code began recognition long after
  the National Flood Insurance Program is developed
• State of New York updates the code to national
  standards in 2003 (previously based on 1951)
• City of New York updates the code to national
  standards in 2008 (previously based on 1968)

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Building Code Effectiveness

• Building codes are not retroactive for
  construction features
• Flood-resistant construction is required for
• New buildings
• Additions
• Substantially damaged

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Do flood resistant construction requirements work?
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International Code Council

• Adopted building code in almost every state and
  territory in the United States of America
• Based on the combination of 3 regional model code
  groups in 2000
• Takes regional information and experience and
  makes it available to all
• Flooding- Mississippi, Texas
• Hurricanes Carolinas, Florida, Louisiana
• Snow- Colorado, Maine, Vermont, Alaska
• Wildfires- Arizona, Utah, New York
• Earthquakes- California, Hawaii

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Other items for consideration

• Emergency Power supplies
• Building access
• Stairs/ramps
• Personnel
• Evacuation
• Medical needs
• Oxygen
• Waste disposal
• Fuel sources

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Questions?

• Daniel E. Nichols, P.E.
• New York State Department of State
• Division of Code Enforcement and Administration
• 1 Albany Ave. Suite G-5
• Kingston , NY 12401
• 845.334.9768
• Dan.nichols_at_dos.ny.gov