Finger Lakes Building Officials, Inc.

An Affiliated Member of the New York State Building Officials Conference

June 23, 2003

RE: Modular commercial buildings
BC 101.4.8,

I am writing in response to your letter asking whether modular commercial buildings permitted or constructed prior to January 1, 2001 are required to bear the insignia of approval issued by the Secretary of State in accordance with the Building Code of New York State (BCNYS). It is my opinion that such buildings are not required to bear the insignia of the Secretary of State provided that they were not originally permitted or constructed under the BCNYS.

The BCNYS became effective on July 3, 2002 and for six months was an optional method of compliance with the Uniform Fire Prevention and Building Code (Uniform Code). During this transition period, the previous version of the Uniform Code, also known as NYCRR Title 9B, was also an acceptable compliance alternative. Beginning January 1, 2003, the updated Uniform Code promulgated under NYCRR Title 19 and including the BCNYS, became exclusively effective. Where a modular building was permitted or constructed in accordance with the BCNYS, either preceding or after January 1, 2003, it is required to bear the insignia of the Secretary of State in accordance with section 101.4.8.

You also ask whether modular buildings for use on construction sites are regulated under the Uniform Code. It has been our policy that such buildings not be regulated by the Uniform Code. Whereas temporary buildings are generally required to comply with the Uniform Code, buildings used strictly for the purpose of coordinating and supporting the construction process are exempt from this requirement. They are required to comply with any applicable federal and local regulations, as well as any regulations by other state agencies that apply.

As a point of information, all modular buildings that are to be reused must comply with the applicable chapters of Appendix K of the BCNYS. Specifically, buildings which are being relocated must comply with Chapter K11 as well as other chapters that regulate any associated work being performed.

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,

George E. Clark, Jr., Director
Department of State Codes Division
Al03-134

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