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§28-101.4.3 Optional Use of the 1968 Building Code for Alteration of Existing Buildings
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At the option of the owner, and subject to appropriate approval, a permit may be issued after the effective date of this code authorizing work on existing buildings constructed in accordance with the 1968 building code or with the building laws in effect prior to the effective date of the 1968 building code, to be performed in accordance with the requirements and standards set forth in the 1968 building code, subject to the following conditions:
1. The installation and alteration of 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. The installation, alteration and additions to fire protection systems regulated by Chapter 9 of the New York city building code, including a change of occupancy group that would require such systems, shall be governed by applicable provisions of such chapter and related referenced standards. With respect to existing buildings, references to occupancy classifications in Chapter 9 of the New York city building code shall be deemed to refer to the equivalent occupancy classification of the 1968 building code.
3. The installation and alteration of elevators, conveyors, and amusement rides shall be governed by chapter 30, appendix K of the New York city building code and the rules of the department.
4. Safety of public and property during construction operations including demolition shall be governed by chapter 33 of the New York city building code.
5. Where the estimated cost of such alteration in any twelve-month period exceeds fifty percent of the cost of replacement of the building or where there is a change in the main use or dominant occupancy of the building, facilities for people with physical disabilities shall be provided in accordance with chapter 11 of the New York city building code as if the building were hereafter erected.
6. Encroachments onto the public right of way shall be governed by chapter 32 of the New York city building code.
7. 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.
8. *The installation and replacement of security grilles shall be governed by section 1008.1.3.5 of the New York city building code.
*Section 28-101.4.3 (#8) was added by: Local Law 75 of 2009—Update #31. This law has an effective date of January 01, 2010.
8. **All work related to energy efficiency shall be regulated by the New York city energy conservation code.
**Section 28-101.4.3 (#8) was added by:Local Law85 of 2009 —Update #34.The mis-numbering will be resolved in future legislation. This law has an effective date of July 01, 2010.
11. *** Alterations involving the recovering or replacing of an existing roof covering shall comply with section 1504.8 of the New York city building code unless the area to be recovered or replaced is less than 50 percent of the roof area and less than 500 square feet.
**Section 28-101.4.3 (#11) was added by: Local Law 21 of 2011 —Update #52. The mis-numbering will be resolved in future legislation. This law has an effective date of January 01, 2012
12. **** Directional signage shall be provided in accordance with section 1110.2 of the New York city building code at or in close proximity to inaccessible building entrances, inaccessible public toilets and bathing facilities, and elevators not serving an accessible route indicating the route to the nearest like accessible element where such accessible element is provided, such that a person with disabilities will not be required to retrace the approach route from the inaccessible element.
13. ****Signs identifying accessible entrances shall be provided in accordance with item 5 of section 1110.1 of the New York city building code at accessible building entrances where not all entrances are accessible.
**Section 28-01.4.3 (#12 & #13) were added by: Local Law 47 of 2012 —Update #70. The mis-numbering will be resolved in future legislation. This law has an effective date of October 02, 2012.
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