New York State Fire Code section 115.2
Direct Answer:
New York State does not have a “Fire Code §115.2” in its Uniform Fire Prevention and Building Code or the New York City Fire Code. Section 115.2 appears to correspond to the numbering system used in the International Fire Code (IFC), which New York State incorporates by reference into its Uniform Fire Prevention and Building Code under N.Y. Exec. Law Art. 18 and 19 NYCRR Parts 1219-1229. New York State adopts and amends portions of the IFC, so the precise numbering may differ from the original model code.
1. Governing Framework — New York’s Uniform Fire Prevention and Building Code (Uniform Code)
The Uniform Code is a statewide fire and building safety code administered by the New York State Department of State, Division of Building Standards and Codes (DBSC). It is codified in 19 NYCRR Chapter XXXIII, incorporating model codes such as the International Fire Code (IFC 2020 Edition) with New York-specific amendments.[2]
Under this structure:
- The Fire Code of New York State (FCNYS) is part of the Uniform Code and governs statewide fire prevention requirements for both new and existing buildings.
- The FCNYS is based on the International Fire Code, and its section numbering matches the IFC where applicable, so “115.2” in that context would refer to IFC Section 115.2, usually addressing "Notice of Violation" procedures for unsafe conditions or noncompliance orders.[3]
2. Distinction Between State and City Fire Codes
It is important to distinguish the Fire Code of New York State (FCNYS) from the New York City Fire Code (FCNYC):[1]
- The FCNYS applies throughout New York State, except within New York City.
- NYC maintains its own Fire Code, codified in Title 29 of the New York City Administrative Code, implemented under the authority of Local Law No. 47 of 2022. The NYC Fire Code was updated in April 2022 and does not include a section labeled “115.2.”[1]
3. Likely Reference – International Fire Code § 115.2
In the 2021 and 2024 International Fire Code, Section 115.2 is titled "Notice of Violation," and provides that when the fire code official determines work is being performed or a condition exists in violation of the code, the official shall issue a written notice describing the violation and ordering correction within a time period set in the notice. New York’s Fire Code, in line with the Uniform Code, generally mirrors this procedure through provisions on code enforcement and abatement contained in 19 NYCRR Part 1203, which governs local enforcement.[2][3]
Conclusion
There is no standalone “New York State Fire Code § 115.2” in the enacted Uniform Code. The numbering scheme likely refers to IFC § 115.2, incorporated by reference into the New York Fire Code, concerning the issuance of notices of violation by code officials. State and local enforcement provisions implementing that procedure are contained in 19 NYCRR Part 1203 and the enforcement authorities established under N.Y. Executive Law Article 18.