Except as otherwise provided in sections 28-101.4.1, 28-101.4.2, 28-101.4.3 and 28-101.4.4 on and after July 1, 2008, all work shall be performed in accordance with the provisions of this code.
If a permit for work was issued prior to July 1, 2008 or, if no permit was necessary, work was commenced prior to July 1, 2008, all of the provisions of chapter 1 of title 27 of the administrative code as heretofore in effect shall apply to such work.
Any work for which an application for construction document approval was submitted to the department prior to July 1, 2008 and not thereafter abandoned, or for which an application for construction document approval is submitted to the department within a period of twelve months after such date may, at the option of the owner, be performed in its entirety in accordance with the provisions of this code, or in accordance with the 1968 building code, provided that such work is commenced within twelve months after the date of issuance of a permit therefore and is diligently carried on to completion. The commissioner may, for good cause, extend the time period for commencement of the work beyond 12 months. Where the owner elects to perform the work in compliance with the 1968 building code, the following conditions shall apply:
1. Except as otherwise limited by the commissioner, administration and enforcement of the 1968 building code shall be in accordance with this code, including but not limited to approval of construction documents, issuance of permits and certificates of occupancy, tests and inspections, penalties and enforcement. Controlled inspections and semi-controlled inspections as referenced in the 1968 building code shall be deemed to be special inspections and shall comply with the provisions of this code relating to special inspections. Materials regulated in their use by the 1968 building code shall be subject to applicable provisions of this code.
2. Safety of public and property during construction operations including demolition shall be governed by chapter 33 of the New York city building code.
1. Except as otherwise limited by the commissioner, administration and enforcement of the 1968 building code shall be in accordance with this code, including but not limited to approval of construction documents, issuance of permits and certificates of occupancy, tests and inspections, penalties and enforcement. Controlled inspections and semi-controlled inspections as referenced in the 1968 building code shall be deemed to be special inspections and shall comply with the provisions of this code relating to special inspections. Materials regulated in their use by the 1968 building code shall be subject to applicable provisions of this code.
2. Safety of public and property during construction operations including demolition shall be governed by chapter 33 of the New York city building code.
At the option of the owner, and subject to applicable provisions of this code, work on prior code buildings may be performed in accordance with the requirements and standards set forth in the 1968 building code, or where the 1968 code so authorizes, the code in effect prior to December 6, 1968.
Exceptions:
1. Fuel gas, plumbing and mechanical work. The installation of and work on all appliances, equipment and systems regulated by the New York city fuel gas code, the New York city plumbing code and the New York city mechanical code shall be governed by applicable provisions of those codes relating to new and existing installations.
2. Fire protection systems. Alterations of buildings and changes of use or occupancy shall be governed by chapter 9 of the New York city building code, subject to special provisions for prior code buildings as set forth therein.
3. Elevators, conveyors and amusement rides. The installation of and work on elevators, conveyors, and amusement rides shall be governed by chapter 30 and appendix K of the New York city building code and the rules of the department, subject to special provisions for prior code buildings as set forth therein.
4. Safety during construction operations. Safety of public and property during construction operations including demolition shall be governed by chapter 33 of the New York city building code.
5. Accessibility. Alterations, including minor alterations, of buildings and changes of use or occupancy, shall be governed by chapter 11 of the New York city building code, subject to special provisions for prior code buildings as set forth therein.
6. Encroachments into the public right of way. Encroachments onto the public right of way shall be governed by chapter 32 of the New York city building code.
7. Administration and enforcement. Except as otherwise limited by the commissioner, administration and enforcement of the 1968 building code shall be in accordance with this code, including but not limited to approval of construction documents, issuance of permits and certificates of occupancy, tests and inspections, penalties and enforcement.
8. Special inspections. Controlled inspections and semi-controlled inspections as referenced in the 1968 building code shall be deemed to be special inspections and shall be governed by the provisions of this code relating to special inspections.
9. Materials. Materials regulated in their use by the 1968 building code shall be subject to applicable provisions of this code.
10. Security grilles. The installation and replacement of security grilles shall comply with section 1008.1.4.5 of the New York city building code.
11. Energy efficiency. All work related to energy efficiency shall be regulated by the New York city energy conservation code.
12. Roof recovering and replacements.
12.1. Installation and materials. Work involving the recovering or replacing of an existing roof covering shall be governed by sections 1510.1 through 1510.6 of the New York city building code.
12.2. Cool roofs. Work involving the recovering or replacing of an existing roof covering shall comply with section 1504.9 of the New York city building code unless the area to be recovered or replaced is less than fifty percent of the roof area and less than 500 square feet (46 m2).
12.3. Green roofs. Notwithstanding the applicant's election to use the 1968 building code or prior code, work involving green roof systems and container gardens shall be permitted to be performed pursuant to chapter 15 of the New York city building code.
13. Handrails. Where the alteration of a building includes the addition or replacement of an entire stair enclosure including the stairs, handrails shall comply with section 1009.12 and section 1012 of the New York city building code. Where the alteration of a building includes the addition or replacement of ramps, handrails shall comply with section 1010.8 and section 1012 of such code.
14. Guards. Where the alteration or repair of a building involves the addition or replacement of guards, such guards shall comply with sections 1013 and 1607.7 of the New York city building code.
15. Areas of special flood hazard. Within areas of special flood hazard in accordance with section 28-104.9.4, all work for any activity regulated by appendix G of the New York city building code shall be governed by such appendix.
16. Structural. The use of load resistance factor design (LRFD), calculation of live loads, and applicability of seismic and wind loads shall be governed by special provisions for prior code buildings as set forth in section 1601.2 of the New York city building code.
17. Emergency and standby power systems. The installation of and work on emergency and standby power systems shall comply with section 2702.1 of the New York city building code.
18. Parking garages and open parking lots. Where an alteration of a parking garage or an open parking lot includes an increase in the size of the electric service, such alteration shall include provisions for the installation of electric vehicle charging stations in accordance with section 406.2.11 or 406.7.11 of the New York city building code, as applicable.
19. Mold protection. Alterations shall comply with sections 2506 and 2509 of the New York city building code relating to areas subject to moisture or water damage.
Exceptions:
1. Fuel gas, plumbing and mechanical work. The installation of and work on all appliances, equipment and systems regulated by the New York city fuel gas code, the New York city plumbing code and the New York city mechanical code shall be governed by applicable provisions of those codes relating to new and existing installations.
2. Fire protection systems. Alterations of buildings and changes of use or occupancy shall be governed by chapter 9 of the New York city building code, subject to special provisions for prior code buildings as set forth therein.
3. Elevators, conveyors and amusement rides. The installation of and work on elevators, conveyors, and amusement rides shall be governed by chapter 30 and appendix K of the New York city building code and the rules of the department, subject to special provisions for prior code buildings as set forth therein.
4. Safety during construction operations. Safety of public and property during construction operations including demolition shall be governed by chapter 33 of the New York city building code.
5. Accessibility. Alterations, including minor alterations, of buildings and changes of use or occupancy, shall be governed by chapter 11 of the New York city building code, subject to special provisions for prior code buildings as set forth therein.
6. Encroachments into the public right of way. Encroachments onto the public right of way shall be governed by chapter 32 of the New York city building code.
7. Administration and enforcement. Except as otherwise limited by the commissioner, administration and enforcement of the 1968 building code shall be in accordance with this code, including but not limited to approval of construction documents, issuance of permits and certificates of occupancy, tests and inspections, penalties and enforcement.
8. Special inspections. Controlled inspections and semi-controlled inspections as referenced in the 1968 building code shall be deemed to be special inspections and shall be governed by the provisions of this code relating to special inspections.
9. Materials. Materials regulated in their use by the 1968 building code shall be subject to applicable provisions of this code.
10. Security grilles. The installation and replacement of security grilles shall comply with section 1008.1.4.5 of the New York city building code.
11. Energy efficiency. All work related to energy efficiency shall be regulated by the New York city energy conservation code.
12. Roof recovering and replacements.
12.1. Installation and materials. Work involving the recovering or replacing of an existing roof covering shall be governed by sections 1510.1 through 1510.6 of the New York city building code.
12.2. Cool roofs. Work involving the recovering or replacing of an existing roof covering shall comply with section 1504.9 of the New York city building code unless the area to be recovered or replaced is less than fifty percent of the roof area and less than 500 square feet (46 m2).
12.3. Green roofs. Notwithstanding the applicant's election to use the 1968 building code or prior code, work involving green roof systems and container gardens shall be permitted to be performed pursuant to chapter 15 of the New York city building code.
13. Handrails. Where the alteration of a building includes the addition or replacement of an entire stair enclosure including the stairs, handrails shall comply with section 1009.12 and section 1012 of the New York city building code. Where the alteration of a building includes the addition or replacement of ramps, handrails shall comply with section 1010.8 and section 1012 of such code.
14. Guards. Where the alteration or repair of a building involves the addition or replacement of guards, such guards shall comply with sections 1013 and 1607.7 of the New York city building code.
15. Areas of special flood hazard. Within areas of special flood hazard in accordance with section 28-104.9.4, all work for any activity regulated by appendix G of the New York city building code shall be governed by such appendix.
16. Structural. The use of load resistance factor design (LRFD), calculation of live loads, and applicability of seismic and wind loads shall be governed by special provisions for prior code buildings as set forth in section 1601.2 of the New York city building code.
17. Emergency and standby power systems. The installation of and work on emergency and standby power systems shall comply with section 2702.1 of the New York city building code.
18. Parking garages and open parking lots. Where an alteration of a parking garage or an open parking lot includes an increase in the size of the electric service, such alteration shall include provisions for the installation of electric vehicle charging stations in accordance with section 406.2.11 or 406.7.11 of the New York city building code, as applicable.
19. Mold protection. Alterations shall comply with sections 2506 and 2509 of the New York city building code relating to areas subject to moisture or water damage.
Notwithstanding any other provision of this code, where the alteration of any prior code building or structure in accordance with a provision of this code would result in a reduction of the fire safety or structural safety of such building, relevant provisions of the 1968 building code shall apply to such alteration unless there is full compliance with those provisions of this code that would mitigate or offset such reduction of fire protection or structural safety. Where the owner, having a choice to elect the 1968 building code or this code, chooses this code, the applicant shall submit a comparative analysis acceptable to the commissioner of the relevant fire safety and structural safety provisions under the 1968 building code and this code, demonstrating that the alteration does not result in a reduction to the fire and life safety of the building.
Exception: The use of automatic-closing by smoke detection for doors serving vertical exit enclosures in accordance with section 708.7 of the New York city building code in a prior code building shall not be deemed to result in a reduction of the safety or structural safety of such a building.
Exception: The use of automatic-closing by smoke detection for doors serving vertical exit enclosures in accordance with section 708.7 of the New York city building code in a prior code building shall not be deemed to result in a reduction of the safety or structural safety of such a building.
Notwithstanding sections 28-101.4.3 and 28-102.4.3 or any other provision of this code that would authorize alterations of prior code buildings in accordance with the 1968 building code or prior codes, where the proposed work at the completion of construction will increase the amount of floor surface area of a prior code building by more than 110 percent , over the amount of existing floor surface area, such entire building shall be made to comply with the provisions of this code as if it were a new building hereafter erected. See section 28-105.2 for permits for such work.
Exceptions: When determining the amount of existing floor surface area for the purposes of section 28-101.4.5, the following shall be excluded from the measured square footage of floor surface area:
1. The square footage of floors removed during the course of the work when such floors are removed together with the supporting beams, joists, decking and slabs on grade.
2. The square footage of any floor that was installed together with the supporting beams, joists, decking and slabs on grade less than 12 months prior to submission of the application for construction document approval for the proposed work. For the purposes of this exception, floors installed pursuant to a work permit signed off less than 12 months before such submission shall not be counted as existing floor surface area.
Exceptions: When determining the amount of existing floor surface area for the purposes of section 28-101.4.5, the following shall be excluded from the measured square footage of floor surface area:
1. The square footage of floors removed during the course of the work when such floors are removed together with the supporting beams, joists, decking and slabs on grade.
2. The square footage of any floor that was installed together with the supporting beams, joists, decking and slabs on grade less than 12 months prior to submission of the application for construction document approval for the proposed work. For the purposes of this exception, floors installed pursuant to a work permit signed off less than 12 months before such submission shall not be counted as existing floor surface area.
In cases where changes in the scope of work during the course of construction would result in increasing the floor surface area at the completion of construction by more than 110 percent over the amount of existing floor surface area as determined pursuant to section 28-101.4.5, such entire building shall be made to comply with the provisions of this code as if hereafter erected and such work shall be refiled as a new building application in accordance with the provisions of section 28-105.2.
Exception: Work to the extent necessary to relieve an emergency condition may be performed prior to amending plans or obtaining a new permit pursuant to sections 28-105.4.1 and 28-105.12.2.
As used in section 28-101.4.5, the following term shall have the following meaning unless the context or subject matter requires otherwise.
FLOOR SURFACE AREA. Floor surface area is the gross square foot area of all horizontal floor and roof surfaces, including roofs of bulkheads and superstructures, of a building or structure at any level, including cellar, attic and roof.
FLOOR SURFACE AREA. Floor surface area is the gross square foot area of all horizontal floor and roof surfaces, including roofs of bulkheads and superstructures, of a building or structure at any level, including cellar, attic and roof.
The provisions of section 28-101.4.5 shall not be construed to affect the status of any nonconforming use or non-complying bulk otherwise permitted to be retained pursuant to the New York city zoning resolution.