• Codes
  • Features
  • Pricing
  • Sign Up
  • Log in
Log in
Sign Up
  • Code Library
  • Features
  • Pricing
  • About
  • Careers
  • Contact
  • Terms
  • Privacy
// CODE SNIPPET

§28-101.4.5 Work That Increases Existing Floor Surface Area of a Prior Code Building by More Than 110 Percent

NYC General Admin. Provisions 2014 > 1 Administration > 101 General > §28-101.4 Effective Date > §28-101.4.5 Work That Increases Existing Floor Surface Area of a Prior Code Building by More Than 110 Percent
JUMP TO FULL CODE CHAPTER
buildings bulletin
Linked Resources Available

This section has been clarified by a buildings bulletin issued by the Department of Buildings.

Learn more in the Linked Resources panel on the right.
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.

§28-101.4.5.1 Changes in Scope of Work

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.

§28-101.4.5.2 Definitions

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.

§28-101.4.5.3 Effect on Zoning Resolution

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.
Share URL

Copy and paste the link below into emails, chats or browsers.

Copy

You can also copy or bookmark the link from your browser's address bar.

Related Code Sections


§28-101.4.5.1 Administration, Changes in Scope of Work
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 ...
NYC General Admin. Provisions 2014 > 1 Administration > 101 General > §28-101.4 Effective Date > §28-101.4.5 Work That Increases Existing Floor Surface Area of a Prior Code Building by More Than 110 Percent > §28-101.4.5.1 Changes in Scope of Work
Section 110 Administration, Inspections
In areas of special flood hazard, upon placement of the lowest floor, including the basement (for flood zone purposes), and prior ...
NYC Building Code 2014 > 1 Administration > 110 Inspections
Article 110 Administration, Site Safety Plan
Where a site safety plan is required by chapter 33 of the New York city building code, such plan shall include the following: 1. Location of all ...
NYC General Admin. Provisions 2014 > 1 Administration > 110 Site Safety Plan
1601.2.4 Structural Design, Wind Loads
prior to December 6, 1968. 3. When the wind surface area of a prior code building or structure is increased by more than 5 percent in any direction ...
NYC Building Code 2014 > 16 Structural Design > 1601 General > 1601.2 Special Provisions for Prior Code Buildings > 1601.2.4 Wind Loads
Article 110 Administration, Site Safety Plan
Where a site safety plan is required by chapter 33 of the New York city building code, such plan shall include the following:   1 ...
NYC General Admin. Provisions 2008 > 1 Administration > 110 Site Safety Plan
About UpCodes

UpCodes provides an intuitive resource to navigate building regulations.

Codes are organized by jurisdiction to help you understand which regulations apply to your project.


Find Your Codes
COMPANY INFO About Free Law Contact Careers Terms Privacy Press Kit
CATEGORY General New York City New York State California Codes Building Codes Online
PREMIUM Features Pricing Sign Up Log In
CODES IBC 2015 IRC 2015 IPC 2015 California Building Code 2016 Popular Sections

FOLLOW US