N.Y. Comp. Codes R. & Regs. tit. 19 § 1204.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1204.3 - Definitions

(a) Code. The New York State Uniform Fire Prevention and Building Code.

(b) Code compliance certificate. A written document issued by a construction-permitting agency indicating that the agency has discovered no material deviations from applicable code provisions in a building or structure or in work performed, and authorizing the use or occupancy of a particular building, structure, or equipment.

(c) Construction emergency. Damage to or a malfunction in buildings or property of the State of New York caused by an unanticipated, sudden and unexpected occurrence which involves a pressing necessity for immediate repair, reconstruction or maintenance in order to permit the safe continuation of a necessary public use or function, or to protect the property of the State of New York, or the life, health or safety of any person.

(d) Construction permit. A written document issued by a construction-permitting agency authorizing construction to proceed on a particular project after a determination by the agency that the project as proposed will comply with applicable provisions of the Uniform Code.

(e) Construction-permitting agency. The Department of Environmental Conservation, the Department of State, the Office of General Services, the Office of Mental Health, the Office of Mental Retardation and Developmental Disabilities, the Office of Parks, Recreation and Historic Preservation, the Facilities Development Corporation, the Urban Development Corporation, the State University of New York, the State University Construction Fund, the Dormitory Authority of the State of New York, the New York Power Authority, the New York State Thruway Authority and any other State agency so designated by the Secretary.

(f) Custody. The effective control of a building or structure.

(1) Buildings leased pursuant to chapter 354 of the Laws of 1963 or chapter 152 of the Laws of 1964 are to be considered within the custody of the State of New York.

(2) The State of New York shall not be deemed to have custody of buildings or building spaces privately owned which are occupied by State agencies pursuant to a commercial lease made by the Office of General Services or the Office of Mental Health with the private owner.

(3) Criteria for determining whether the State possesses effective control of a building include but are not limited to the following:

(i) ownership of the building or the land on which it is located;

(ii) rights of entry or limitations thereon of an owner or landlord with regard to a building;

(iii) rights or obligations to make improvements or repairs to a building;

(iv) whether a lease provides for total or nearly total discretion by the leasee with regard to the use or alteration of a building; and

(v) whether a particular building is subject to taxation or whether payments in lieu of taxes are paid by the occupant(s).

(4) Notwithstanding any other provision of this subdivision to the contrary and without regard to the criteria mentioned in paragraph (3) of this subdivision, for the purposes of this Part the Office for Technology shall be considered to have custody and effective control of all statewide wireless network facilities; provided, however, that nothing in this subdivision shall be construed as subjecting to the provisions of the code any statewide wireless network facility that would not otherwise be subject to the provisions of the code; and provided further that for the purposes of this Part, the Office for Technology shall not be considered to have custody or effective control of any statewide wireless network supporting building merely by reason of the construction or installation of any statewide wireless network facility thereon or therein.

(g) Secretary. The Secretary of State.

(h) State agency.

(1) A department, bureau, commission, board, public authority or other agency of the State of New York including a public benefit corporation whose board of directors includes any member appointed by the Governor.

(2) A subdivision of any department, bureau, commission, board, public authority or other agency of the State which is easily identifiable and which for most other purposes is treated as an independent State agency.

(3) Without limiting the generality of paragraphs (1) and (2) of this subdivision, for the purposes of this Part and for the purposes of Part 1201 of this Title, the term State agency shall include the Office for Technology.

(i) Statewide wireless network. An integrated statewide communications system intended to link State and local first responders to each other and to allow State and local first responders to communicate reliably during emergency situations, as contemplated by section 402 (1)(a) of the State Technology Law. The term statewide wireless network shall include such communications system as originally developed and constructed and as thereafter extended, improved, upgraded, or otherwise modified from time to time.

(j) Statewide wireless network facility. Any tower, antenna, or equipment which is used or intended to be used in the operation of the statewide wireless network, and any building or structure which is constructed specifically for the purpose of supporting or containing any such tower, antenna, or equipment.

(k) Statewide wireless network supporting building. A building or structure which is not a statewide wireless network facility (i.e., which was not constructed specifically for the purpose of supporting or containing a tower, antenna, or equipment which is used or intended to be used in the operation of the statewide wireless network), but which has a statewide wireless network facility constructed or installed thereon or therein. For example, if a tower, antenna, and equipment used or intended to be used in the operation of the statewide wireless network, and a building or structure which will contain such equipment or support such tower, are constructed on the top of an existing office building, then:

(1) such office building would be a statewide wireless network supporting building;

(2) such office building would not be a statewide wireless network facility; and

(3) the tower, antenna, equipment, and building or structure constructed on the top of such office building would be a statewide wireless network facility.

(l) Temporary approval for occupancy. A written document permitting a building or a portion thereof to be occupied for a temporary period notwithstanding the fact that construction of the building may not be complete or that violations of the code remain unresolved.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1204.3