§28-101.4.3 Optional Use of the 1968 Building Code for Work on Prior Code Buildings

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 ...

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 ...

in accordance with the provisions of the building code in effect prior to December sixth, nineteen hundred sixty-eight ...

as required by chapter 17 of the New York city building code or elsewhere in this code or its referenced standards. SPECIAL INSPECTION AGENCY. An agency employing one or more persons who are special inspectors and that meets the requirements of department rules. SPECIAL INSPECTOR. An individual employed by a special inspection agency having required qualifications and authorized by department rules to perform or witness particular special inspections required by this code or by the rules of the department, including but not limited to a qualified registered design professional so authorized. STRUCTURE. That which is built or constructed, including among others: buildings, stadia, tents, reviewing stands, platforms, stagings, observation towers, radio towers, tanks, trestles, open sheds, shelters, fences, and display signs. SUBMITTAL DOCUMENTS. Completed application forms, construction documents, reports and any other documents submitted in compliance with this code or other applicable laws and rules including but not limited to special inspection reports, certifications or approvals from other governmental agencies and other data required by this code or by the department. SUPERINTENDENT OF CONSTRUCTION (CONSTRUCTION SUPERINTENDENT). An individual, when authorized pursuant to department rules as qualified to superintend permitted construction work on behalf of the owner. USE (USED). The purpose for which a building, structure, or space is occupied or utilized, unless otherwise indicated by the text. Use (used) shall be construed as if followed by the words "or is intended, arranged, or designed to be used." UTILITY COMPANY OR PUBLIC UTILITY COMPANY. The term shall be construed to have the same meaning as that contained in section two of the New York state public service law. UTILITY CORPORATION OR PUBLIC UTILITY CORPORATION. The term shall be construed to have the same meaning as that contained in section two of the New York state public service law. WORK NOT CONSTITUTING MINOR ALTERATIONS OR ORDINARY REPAIRS. See section 28-105.4.2.1. WRITING (WRITTEN). The term shall be construed to include handwriting, typewriting, printing, photo-offset, or any other form of reproduction in legible symbols or characters, including, in the discretion of the commissioner, electronic media. WRITTEN NOTICE. A notification in writing delivered by hand to the person or parties intended, or delivered at or sent by mail or in the discretion of the commissioner by electronic media to the last address known to the party giving such notice. ZONING RESOLUTION. The zoning resolution of the city of New York, adopted December fifteenth, nineteen hundred sixty-one, including all amendments thereto. Any reference in this title to "this code" or "the code" shall be deemed to be a reference to this title and all of the codes comprising the New York city construction codes unless the context or subject matter requires otherwise. Whenever a section or subsection of this code is cited or referred to, subordinate consecutively numbered sections and subsections of the cited provision are deemed to be included in such reference unless the context or subject matter requires otherwise. The purpose of the New York city construction codes is to provide reasonable minimum requirements and standards, based upon current scientific and engineering knowledge, experience and techniques, and the utilization of modern machinery, equipment, materials, and forms and methods of construction, for the regulation of building construction in the city of New York in the interest of public safety, health, welfare and the environment, and with due regard for building construction and maintenance costs. The provisions of this chapter shall apply to the administration of the codes set forth in this title and the 1968 building code. This title shall be known and may be cited as the "New York city construction codes" and includes: The New York city plumbing code. The New York city building code. The New York city mechanical code. The New York city fuel gas code. The New York city energy conservation code. With regard to prior code buildings, references to occupancy classifications in this code shall be deemed to refer to the equivalent occupancy classification under the 1968 or prior building codes. 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. 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 ...

This code shall be known and may be cited as the "1968 building code of the city of New York" or the "1968 building code", and is hereinafter referred to as "this code" or "the code". The purpose of this code is to provide reasonable minimum requirements and standards, based upon current scientific and engineering knowledge, experience and techniques, and the utilization of modern machinery, equipment, materials, and forms and methods of construction, for the regulation of building construction in the city of New York in the interest of public safety, health and welfare, and with due regard for building construction and maintenance costs. On and after July 1, 2008 this code shall apply to the minimum requirements and standards for the construction, alteration, repair, occupancy and use of new and existing buildings in the city of New York in accordance with and to the extent provided for by chapter 1 of title 28 of the administrative code and the New York city construction codes. On and after July 1, 2008, administration and enforcement of this code shall be in accordance with title 28 of the administrative code. This code shall be liberally interpreted to secure the beneficial purposes thereof. Any conflict or inconsistency between the requirements of this code and applicable state and federal laws and regulations shall be resolved in favor of the more restrictive requirement. Any work for which an application for a permit was submitted to the department prior to the effective date of this code, (December sixth nineteen hundred sixty-eight), or for which an application for a permit is submitted to the department within a period of twelve months after such date may, however, at the option ...