FOR IMMEDIATE RELEASE

December 13, 2002, Albany, NY – The NYS Code Council, at it’s regularly scheduled meeting on Wednesday, December 11^th, unanimously adopted a proposal developed by ESFPA in concert with Department of State and NYS DEC to reinstate a "local option" regarding grade stamping requirements for structural lumber.

"This was a major victory for many small sawmills and loggers around the state who had voiced concerns about the impacts of the new State Building Code. It demonstrates that Albany does listen when concerns are raised and brought forward in an organized fashion." said ESFPA’s Executive Vice President, Kevin S. King.

"New York Farm Bureau is extremely pleased with the Building Code Council’s decision. As the Council recognized by implementing this needed change, the new code would have negatively impacted New York’s farm and rural communities," said Jeff Williams, Associate Director of Public Policy for New York Farm Bureau.

Hundreds of letters and thousands of petitions were sent to the Governor, members of the legislature and the Department of State over the last few months. These comments, combined with the efforts of ESFPA and NY Farm Bureau in Albany, provided the foundation for this successful resolution.

"Over 5,000 petitions were signed by North County sawmills and residents," said Carl Golas, Wood Product Specialist with the Adirondack North Country Association (ANCA). "This change was vitally important to the businesses and residents of the North Country."

"When government makes a mistake, people expect a prompt and effective response, which is what happened in this case. The codes council responded with good faith and the result is that thousands of small businesses have had their livelihoods returned," said Assemblyman Chris Ortloff who attended the Council meeting and helped deliver several thousand petitions from North County residents.

"This is the way things should work," Mr. Ortloff continued. "The sawmill operators, the Empire State Forest Products Association, the Adirondack North Country Association, the New York Farm Bureau, local and regional media, county governments and members of the legislature worked together and things got done."

Many members of the legislature provided letters in support of this change. Particular thanks goes to Senator Randy Kuhl and his staff, Senator Jim Wright, Senator Ray Meier, Senator Betty Little and Assemblywoman Cathy Young.

"Governor Pataki and legislative members clearly heard our concerns and acted upon them," said Mr. King. "The Department of State and the Codes Council are to be commended for their quick action."

A number of people traveled to Albany to help support the Association’s arguments for these changes. Carl Cote with Cote Wood Products in Groton, NY, Ed and Jean Nelson with Timber Harvester, Inc. in Waterloo, NY, Rudy Stempel, Stempel Family Sawmill from Bern, NY and Charlie Tallman representing the NYS Timber Producers came from Natural Bridge, NY. Also present to support the changes were Carl Golas from the Adirondack North Country Association, Sloan Crawford with NYS DEC’s Wood Utilization and Marketing Program, Don Neuroth, and Pat Mitchell. The NYS Farm Bureau testified in support of the proposal as the NYS Builders Association.

"A growing number of farmers own farm wood lots and operate small saw mills to help augment the farm income. These types of operation can not afford the considerable expense of hiring a professional grader -- which Would have been required beginning January 1st, 2003. Without the Code Council’s action on this issue, an already lagging rural economy would continue to falter as operations, one by one go out of business, taking with them jobs, money re-circulated in the community and much needed tax revenue," concluded Jeff Williams.

With the decision made by the Code Council, the Department of State will be publishing an emergency rule by the end of this month. The emergency rule will take effect on January 1st, 2003 (the same day that the new code provisions are to come into effect) and will run for a 90 day period. The Code Council recognized the urgency of this situation and the immediate interruptions that many sawmills and loggers have begun to feel as a result of the new Code.

Department of State has assured us that they will move quickly in implementing the rule on a permanent basis. It typically takes 6 to 9 months to adopt a new rule, however, the Council and Department of State are committed to extending the emergency rule as long as necessary to bridge any gap while work is underway to make the changes permanent.

The newly adopted language reinstates the "local option" that existed previously. This means that rough cut lumber can be used for structural purposes if the code enforcement officer allows it and the mill guarantees that the lumber meets minimum (grade 2 or better) standards. The mill will be required to sign a form that will be provided by the local code officer and this form will need to accompany the building permit application. These provisions apply to residential construction not exceeding three stories in height, and all other buildings (i.e. storage, utility, commercial) not exceeding 10,000 sq. ft. in cumulative floor area or 35 feet in height.

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For More Information Contact:

Kevin King

Empire State Forest Products Association

(518) 463-1297

kking@esfpa.org

Jeff Williams

NYS Farm Bureau

(518) 431-5373

nyjwilliams@fb.org

Carl Golas

Adirondack North Country Association

(518) 891-6200

anca@northnet.org