Finger Lakes Building Officials, Inc.

An Affiliated Member of the New York State Building Officials Conference

May 7, 2003

RE: Deck classification
RC 202

I am writing in response to your letter asking whether a deck built next to a house and providing access to a pool is regulated by the Residential Code of New York State (RCNYS). It is our opinion that all decks constructed on the premises of a one- or two-family dwelling are so regulated.

Section 202 of the RCNYS defines deck as "an exterior floor system supported on at least two opposing sides by an adjoining structure and/or posts, piers, or other independent supports." Section R501.2 requires floor construction to be capable of accommodating all loads according to Section R301. Referring to Table R301.4, decks are required to be designed to carry a live load of 40 pounds per square foot. In addition, Section R502.2.1 contains specific requirements for decks which are anchored to the primary structure, independently supported or cantilevered. There are sufficient design parameters provided in the code to conclude that there is a clear intent to include outdoor decks as accessory structures when there is also a principal structure on the premises.

While the scope of the RCNYS appears to include only one- and two-family dwellings and accessory structures, which are defined as buildings, the specificity of the code with regard to decks, or outdoor floor systems, cannot be ignored. Considering the obvious intent in the RCNYS to regulate deck construction, the terms building and structure need to be taken as having one meaning with regard to accessory structures. The result of this is that a deck which is independent of the primary structure is considered to be an accessory structure and regulated as such.

This advisory opinion is rendered based upon the information provided. Administration and enforcement of the code are within the jurisdiction of the local authority. If you have questions regarding this advisory, please call me at (518) 474-4073.

Sincerely,

James L. Harding, P.E.
Senior Building Construction Engineer
Codes Division

Al03-046

Finger Lakes Building Officials Association, Inc.
3100 Atlantic Ave.
Penfield, NY 14526