Establishes standards for the reuse of deconstructed building materials; requires the uniform building code to set standards for the use of solid-sawn lumber in construction and for the grading of used solid-sawn lumber; requires the secretary of state to develop a program for grading reclaimed wood for structural purposes.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9290
SPONSOR: Kelles
 
TITLE OF BILL:
An act to amend the executive law, in relation to establishing standards
for the reuse of deconstructed building materials
 
PURPOSE OR GENERAL IDEA OF BILL:
to allow the use of reclaimed or used wood in construction and provide
for standards for the condition of reclaimed wood allowed to be used in
construction
 
SUMMARY OF PROVISIONS:
Sec. 1- amends Executive Law section 377(2)(c) to explicitly include
reuse of deconstructed building materials in the list of modern techni-
cal methods, devices and improvements to be permitted to the fullest
extent possible in the' NYS uniform building code;
Sec. 2 -amends Executive Law section 378 by adding a new subdivision
19-a which directs that the uniform building code shall set standards
for the use of solid-sawn lumber in construction; provides for the grad-
ing of used solid-sawn lumber, indicating that the code shall apply
certain specific standards for used solid-sawn lumber which may be
assumed to be "in good condition";
Sec. 3 - amends Executive Law section 376 to add a new subdivision 7
directing the Secretary of State to establish, in consultation with
industry stakeholders, a program for grading reclaimed wood for struc-
tural purposes.
 
JUSTIFICATION:
The use of salvaged wood from deconstructed buildings is an important
component of sustainable building practices and can contribute to pres-
ervation of precious natural resources as well as to the reduction of
greenhouse gas emissions and construction waste going to landfills.
However, the lack of a standardized quality grading system makes it
difficult for builders and contractors to determine the structural
integrity of reclaimed wood.
Currently, under the International Building Code, quality, salvaged
solid-sawn lumber that is ungraded or does not have a certificate of
inspection cannot be reused in a structural capacity unless explicitly
allowed by a building code official. This adds cost and delays, and
discourages the use of wood that may be perfectly usable. However, a
state may amend its building code to allow for such wood to be graded on
site by builders and contractors. Washington State is a recent example.
This bill allows the use of undamaged, reclaimed lumber in construction
in New York State and preserves safety by establishing assumed base
values of grading for reclaimed lumber which may be applied at a
construction project site by builders and contractors, allowing struc-
tural use only to the capacity of the weakest wood type that could have
been used in a previous building. By developing a state program for
grading reclaimed wood and determining its structural properties, this
bill will provide builders and contractors with the information they
need to confidently use reclaimed wood for structural purposes. It will
reduce the amount of reclaimed wood discarded and promote sustainable
building practices.
 
PRIOR LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
9290
IN ASSEMBLY
February 23, 2024
___________
Introduced by M. of A. KELLES -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to establishing standards
for the reuse of deconstructed building materials
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph c of subdivision 2 of section 377 of the execu-
2 tive law, as added by chapter 707 of the laws of 1981, is amended to
3 read as follows:
4 c. permit to the fullest extent feasible, use of modern technical
5 methods, devices and improvements which tend to reduce the cost of
6 construction, including the reuse of deconstructed building materials,
7 without substantially affecting reasonable requirements for the health,
8 safety and security of the occupants or users of buildings;
9 § 2. Section 378 of the executive law is amended by adding a new
10 subdivision 19-a to read as follows:
11 19-a. a. To support the goal of zero on-site greenhouse gas emissions
12 and help achieve the state's clear energy and climate agenda, including
13 but not limited to greenhouse gas reduction requirements set forth with-
14 in chapter one hundred six of the laws of two thousand nineteen, also
15 known as the New York state climate leadership and community protection
16 act, the uniform code shall set standards for the use of solid-sawn
17 lumber in construction and for the grading of used solid-sawn lumber.
18 b. The uniform code shall provide that used solid-sawn lumber in good
19 condition and devoid of areas of decay not meeting the requirements of
20 sections 2303.1.1, 2303.1.1.1 or 2303.1.1.2 of the 2020 building code of
21 New York state shall comply with the following:
22 (i) dimensional lumber that has a nominal thickness of two inches with
23 a nominal width of six inches, or less, shall be assumed to be spruce-
24 pine-fir stud grade and shall have structural properties assigned in
25 accordance with current adopted standards; and
26 (ii) all other dimensional lumber shall be assumed to be hem-fir No. 2
27 grade and shall have structural properties assigned in accordance with
28 current adopted standards.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14390-01-4
A. 9290 2
1 § 3. Section 376 of the executive law is amended by adding a new
2 subdivision 7 to read as follows:
3 7. To develop a program for grading reclaimed wood for structural
4 purposes. The program shall be developed in consultation with industry
5 stakeholders and shall include standards for determining the structural
6 integrity of reclaimed wood. The program shall be updated as necessary
7 to reflect advances in technology and best practices.
8 § 4. This act shall take effect immediately.