Notice of Emergency Adoption
Emergency Rule – Effective June 17, 2022
Grease Traps or Interceptors (19 NYCRR Part 1229)
On Friday, June 17, 2022, the Department of State filed a Notice of Emergency Adoption that adds specific provisions in relation to the installation, modification, use, and maintenance of grease interceptors (commonly referred to as “grease traps”) to the New York State Uniform Fire Prevention and Building Code (the “Uniform Code”).
Adoption of this regulation as an emergency rule makes it effective immediately upon filing. By filing the Notice of Emergency Adoption, the Department of State has adopted the rule on an emergency basis.
Chapter 753 of the Laws of 2021, Approval Memo No. 116, and Chapter 47 of the Laws of 2022 amended Executive Law §378 to add a new subdivision eighteen to provide that the Uniform Code shall address the following subject:
Standards requiring that grease traps or interceptors located in a place that may be accessible by the public, or located inside any food service establishment, or located in any other building that is open to the public, shall be designed and maintained to withstand expected loads and to prevent unauthorized access. Such standards shall also include requiring the installation of a warning sign or symbol, as determined by the council, on or in the vicinity of such grease traps or interceptors. Such standards shall apply to new and existing grease traps and interceptors. For the purposes of this subdivision, “food service establishment” shall have the same meaning as in part fourteen of title ten of the New York code of rules and regulations.
The amendment to Executive Law §378 became effective March 22, 2022.
Amendments to the Uniform Code
The State Fire Prevention and Building Code Council (the “Code Council”) has adopted a rule that adds provisions to the Uniform Code that require that all new and existing grease traps or interceptors be designed and maintained (1) to withstand expected loads, (2) to prevent unauthorized access, and (3) to have a warning sign or symbol installed on or in the vicinity of the grease traps or interceptor. An exception is provided for grease traps or interceptors serving individual dwelling units and satisfying other criteria such as being installed in accordance with the manufacturer’s installation instructions, not accessible to the public, and are properly maintained and serviced.
View a copy of the Rule Text.
View a copy of the Full Regulatory Impact Statement.
The Department of State previously filed a substantially similar rule on an emergency basis on March 22, 2022. Minor revisions were made to 19 NYCRR Part 1229 necessitating the emergency adoption of this new rule.
The adoption of this emergency rule became effective on the date of filing, or June 17, 2022.
The Notice of Emergency Adoption will appear in the July 6, 2022 edition of the State Register. On and after July 6, 2022, the July 6, 2022 edition of the State Register can be viewed at https://dos.ny.gov/state-register. The Notice of Emergency Adoption includes the Text of the Rule, Summary of Regulatory Impact Statement, Regulatory Flexibility Analysis for Small Business and Local Governments, Rural Area Flexibility Analysis, Statement regarding Job Impact Statement, Statement of Findings Regarding Necessity for Emergency, Additional Matter Required by Statute, and Certification of Rule Text.