Finger Lakes Building Officials, Inc.

An Affiliated Member of the New York State Building Officials Conference

June 2, 2003

RE: Retroactive electrical provisions
PMC 101.2, 604, 605 and 704

I am writing in response to your letter asking several questions regarding retroactive electrical provisions of the Property Maintenance Code of New York State (PMCNYS) applicable to dwelling units. I have paraphrased your questions below and answered each separately as follows:

Q1: Is compliance with the requirements of the PMCNYS triggered when a property is inspected for other reasons?
A1: Compliance with the provisions of the PMCNYS was mandated by its adoption as part of the Uniform Fire Prevention and Building Code (Uniform Code). No trigger is required. Procedures for enforcement of the provisions, however, must be developed and maintained by each jurisdiction. Such procedures should include assessing compliance with the PMCNYS whenever possible.

Q2: Are the provisions of the PMCNYS, such as the one requiring two separate receptacle outlets, retroactive and enforced similarly to the provisions of the other codes?
A2: Yes. Section 101.2 states, in part, "the provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises..." (emphasis added). Where a dwelling unit has only one receptacle outlet, section 605 would require the installation of a second receptacle outlet remote from the first.
Enforcement of the provisions of the PMCNYS follows the procedures used in the municipality as discussed above.

Q3: Does Section 604 require the upgrade of a thirty ampere electrical service which serves more than two circuits?
A3: No. However, determining that the service is undersized using the methods specified in the National Electrical Code ® (NEC) would trigger such an upgrade. Section 604.3 requires correction of any hazard presented "... by reason of inadequate service ..." and section 604.2, by reference to chapter 27 of the Building Code of New York State, directs compliance with the NEC for determining the applicable loads for evaluating service adequacy. Although section 230-79(b) of the NEC prohibits a disconnect rated at thirty amperes from supplying more than two circuits in new installations, it does not require an upgrade of the service where the situation preexisted the code requirement unless there is a hazard as described in 604.3.

Q4: Does the installation of a new circuit require the upgrading of a thirty ampere service already serving two or more circuits?
A4: Yes. Section 230-79(b) of the NEC permits only two circuits to be served by a thirty ampere service disconnect. Any new circuit must comply with this provision and would, as a result, require the upgrade of the service disconnect and, in most cases, the service panel.
Please note, though, that the connection requirements for smoke alarms in Section 704.2 of the PMCNYS do not specify that a new circuit be provided to meet the connection requirement.

Q5: Does the issuance of a permit for mechanical work require hardwired, interconnected smoke alarms where attic and/or basement access is available?
A5: Yes. See attached technical bulletin for more information.

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
Al03-073

Finger Lakes Building Officials Association, Inc.
3100 Atlantic Ave.
Penfield, NY 14526
info@flboa.com