Finger Lakes Building Officials, Inc.

An Affiliated Member of the New York State Building Officials Conference

June 5, 2003

RE: Horse Boarding as an Agricultural Buildings
BCNYS 101.2 exc.2

This is in response to your question regarding whether a horse boarding stable is an agricultural building. Building Code of New York State (BCNYS) section 101.2, Scope, exception 2: provides that agricultural buildings used solely in the raising, growing or storage of agricultural products by a farmer, engaged in a farming operation, are not required to meet the BCNYS. In our opinion a commercial horse boarding building is considered an agricultural activity. Please note that the building department which has jurisdiction may require a building permit for the construction.

Article 25AA of the Agriculture and Markets Law provides for preferential assessments, referred to as agricultural assessments, for agricultural land which satisfies certain statutory criteria. To be eligible for an agricultural assessment, land must satisfy the definition for the term, "land used in agricultural production," set out in Agriculture and Markets Law §301. It is worth noting that in 1994 the definition of land used in agricultural production was amended to provide that land used to support a commercial horse boarding operation would thereafter be included within the definition and consequently be eligible for an agricultural assessment.

Whether the property owner files for an agricultural assessment or not, it is our opinion that any horse boarding facility, no matter the size, is an agricultural building for purposes of the BCNYS.

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,
Cheryl A. Fischer, P.E.
Assistant Director for Code Interpretation
Codes Division
Al03-111

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