Rule in Development - Parking Structures

NOTICE OF RULE IN DEVELOPMENT - Condition Assessments of Parking Structures (19 NYCRR Section 1203.3)

A rule currently in development would amend Section 1203.3 of Title 19 of the New York Codes, Rules and Regulations.  The Department of State invites public participation in the rule development process.

For the complete Notice of Rule in Development click here.

Proposed Amendments to Part 1203

The rule now under development would amend Section 1203.3 to provide that local governments’ code enforcement programs must include provisions requiring condition assessments of parking structures.  The term condition assessment means an on-site inspection and evaluation of a parking structure for evidence of deterioration of any structural element or building component of such parking structure, evidence of the existence of any unsafe condition in such parking structure, and evidence indicating that such parking structure is an unsafe structure.  Initial condition assessments of parking structures shall be conducted no later than three (3) years after the date of completion of the original construction of the parking structure or one hundred eighty (180) days after the effective date of the rule adding this provision to 19 NYCRR section 1203.3, whichever is later.  Thereafter, periodic condition assessments shall be conducted at intervals fixed by the authority having jurisdiction within its code enforcement program but in no event to exceed three (3) years.  Additional condition assessments could be required before the date of the next periodic condition assessment if any condition assessment report for a parking structure includes a recommendation by the responsible professional engineer that an additional condition assessment be performed or if the authority having jurisdiction becomes aware of any new or increased deterioration which, in the judgment of the authority having jurisdiction, indicates that an additional condition assessment of the entire parking structure, or of the portion of the parking structure affected by such new or increased deterioration, should be performed.  All condition assessments shall be conducted by or under the direct supervision of a licensed professional engineer who has qualifications deemed by the Authority Having Jurisdiction to be appropriate for the purposes of performing condition assessments of parking structures. 

The rule now under development would also amend Section 1203.3(g) to provide that local governments’ code enforcement programs must require operating permits for using parking structures.

A draft of the full Text of the rule now under development is attached.

Invitation to Participate in Rule Development Process

The Department of State invites all interested parties, particularly those representing small businesses, local governments, and public or private interests in rural areas, to participate in the rule development process.  Interested parties are invited to submit comments on the draft rule.  If you have suggestions on how the draft rule could be improved, suggested alternatives to the draft rule that the Department of State could consider, or any other comments on the draft rule, please contact Gerard Hathaway, Assistant Director for Code Development, Division of Building Standards & Codes, by mail at New York State Department of State Division of Administration and Enforcement, 99 Washington Ave., Albany, NY 12231-0001; by telephone at (518) 474-4073; or by e mail at

If submitting comments by email, please click here or type Parking Structures: in the subject line.

Dated: September 18, 2017

NOTE:     The draft rule has not yet been adopted, and Part 1203 has not yet been amended in the manner described above.

11th Annual Last Chance for Hours Conference

11th Annual Last Chance for Hours Confernce will be held at the Best Western Plus, 503 Washington Ave, Kingston, NY.  Offering 18 hours of continuing education.  Click here for the registration form.  The schedule is being finalized.

2016 CEO Code Update Information

To maintain the necessary level of safety and to keep pace with advances in technology concerning fire prevention and building construction, New York State periodically revises and updates the standards of the State Uniform Fire Prevention and Building Code and the State Energy Conservation Construction Code. This course addresses the proposed updates and highlights significant changes in the next code update, which is anticipated to become effective in 2016. It is mandatory to successfully complete this course to maintain Code Enforcement Official Certification, pursuant to Title 19 NYCRR Part 1208. This course will also serve to provide the student with 9 hours of Code Enforcement In-Service Training credit towards their annual 24-hour training requirement. Participation during the entire 9-hour course is required to obtain credit. A comprehensive examination, based upon the information provided during this course will be conducted at the conclusion of the program (included as part of the 9 hours.) Individuals are required to successfully pass the exam with a score of 70% or better to receive credit for the course. Students will be allowed three attempts to successfully complete the exam, individuals who are unsuccessful after the third attempt will be required to complete the new sequence of Basic Training Class based on the 2016 Code Update.

“2016 CEO Code Update” Course will be offered at the November Conference

In-Service Topic Area per Part 1208                          Hours

Code Enforcement and Administration                           3 hours

Uniform Fire Prevention and Building Code                     3 Hours

Energy Conservation Construction Code                        3 Hours


The “2014 Commercial Energy Code Update” course is a prerequisite to the “2016 CEO Code Update” course. The “2014 Commercial Energy Code Update” course was provided at many of the conferences during 2014 and was also available on line. If you have not completed this course yet, it is still available online at:

NYSERDA – New York State Energy Research and Development Authority Website

SLMS - Statewide Learning Management System

Click here for instructions on registering for the “2014 Commercial Energy Code Update” class in SLMS.

Classes presented by third party presenters, though approved for credit toward annual in-service training, will not count toward taking the prerequisite class offered by DBSC staff.


You will not be permitted to attend the 2016 Code Update course without completing the “2014 Commercial Energy Code Update” course. Credit for taking the “2016 CEO Code Update” class will not be given if a student has not completed the “2014 Commercial Energy Code Update” class.

Building Safety Inspectors will be required to successfully complete the “2016 BSI Code Update” Class (3 hour Training.) This course will be offered by DBSC approved Adjunct Instructors through local Fire and Building Departments. In addition, it is anticipated that the 3 hour “2016 BSI Code Update” course will be available online in the 2nd half of 2016.


pdf 2016 update Handout 12 30 2015 (1.64 MB)

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