The purpose of these provisions is to encourage the continued use or reuse of legally existing buildings and structures. These provisions are intended to permit work in existing buildings that is consistent with the purpose of this code. Compliance with these provisions shall be deemed to meet the requirements of this code.
The provisions of this appendix shall apply to the repair, alteration, change of occupancy, addition and relocation of existing buildings.
A building or portion of a building that has not been previously occupied or used for its intended purpose shall comply with the provisions of this code for new construction.
Repairs, alterations, change of occupancy, existing buildings to which additions are made, historic buildings and relocated buildings complying with the provisions of the Uniform Code, as applicable, shall be considered in compliance with the provisions of this appendix.
The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Fire Code of New York State or the Property Maintenance Code of New York State.
Additions, alterations or repairs to any structure shall conform to that required by this code without requiring the existing structure to comply with all the requirements of this code, unless otherwise stated. Additions, alterations or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building.
Provisions in this code shall not require the removal, alteration or abandonment of, or prevent the continued use and maintenance of, an existing building envelope, mechanical, service water-heating, electrical distribution or illumination system lawfully in existence at the time of the adoption of this code.
Nothing in this appendix shall be construed to permit the continuation of existing building features which were installed in conflict with any codes or laws in effect at the time of construction or installation. Additions or alterations shall not be made to an existing building or structure which will cause the existing building or structure to be in violation with any of the provisions of this code.
Repairs or alterations mandated by any property, housing or fire safety maintenance code or mandated by any licensing rule or ordinance adopted pursuant to law shall conform only to the requirements of that code, rule or ordinance and shall not be required to conform to this code unless the code requiring such repair or alteration so provides.
It shall be prohibited to conduct a home occupation in a dwelling unit except as provided for in Section AJ102.5.1. A home occupation shall be conducted wholly within the primary structure on the premises. No provision of this section shall be construed to repeal, modify or constitute an alternative to any lawful zoning regulation which is more restrictive than this section.
- The home occupation shall meet all requirements for habitable space and shall not exceed 15 percent of the floor area of the primary structure.
- No more than one person not residing in the dwelling unit may be employed in the home occupation.
- Inventory and supplies shall not occupy more than 50 percent of the area permitted to be used as a home occupation.
- The home occupation shall not involve any operation considered to be hazardous.
In addition to requirements of this code, 40 CFR 745 (titled "Lead-based Paint Poisoning Prevention in Certain Residential Structures"), a regulation issued and enforced by the Federal Environmental Protection Agency, applies to certain activities in buildings that may contain lead-based paint, including renovations performed for compensation in "target housing" and "childoccupied facilities," "abatement" of lead-based paint hazards and other "lead-based paint activities" (as those terms are defined in 40 CFR Part 745).
In addition to but not in limitation of any other requirement of this Section, all onefamily dwellings converted for use as a bed and breakfast dwelling and all existing bed and breakfast dwellings undergoing an alteration or addition to create an additional guest room or rooms shall have a fire-safety notice affixed to the occupied side of the entrance door of each converted, altered, or new guest room for transient use indicating:
- Location of nearest exits and fire alarms;
- Procedures to be followed when a fire or smoke detector gives warning; and
- Procedures to be followed in the event of fire or smoke development.
The abandonment or removal of heating oil storage tanks and related piping shall be in accordance with all of
the following:
- The entire contents of the heating oil storage tank and related piping shall be emptied, cleaned, and purged of all vapor. The contents of the heating oil storage tank and related piping shall be removed from the premises and disposed of in accordance with applicable local, state or federal rules and regulations.
- The suction, inlet, gauge, vapor return, and vapor lines shall be disconnected.
- All fill piping and other related piping shall either be permanently removed or filled with concrete. All
other remaining piping shall be capped or plugged.
Exception: Piping that is reused for the installation of a new heating oil storage tank and meets the applicable requirements for the new installation.
- If abandoned in place, underground heating oil storage tanks shall be filled completely with an approved inert solid material. Above-ground heating oil storage tanks may either be filled with an approved inert solid material or if not filled with an approved inert solid material then the vent line shall remain open and intact. A record of tank size, location, and date of abandonment shall be retained by the property owner.
- If removed, heating oil storage tanks shall be disposed of in accordance with applicable local, state, or federal rules and regulations.
- An inspection by the building official or by an approved inspector is required to be made of the abandonment or removal of the heating oil storage tank. If an approved inspector performs such inspection, no approval of such abandonment or removal shall be granted by the building official unless written proof of the heating oil storage tank's oil fill pipe having been removed or filled with concrete in accordance with this section and the applicable provisions of the Uniform Code has been provided by the property owner to the building official.
- When conversion to an alternate fuel has taken place and prior to the commencement of the new home heating service, property owners shall provide written notice to their home heating oil supplier or suppliers informing them of such conversion and instructing them to discontinue deliveries.
Where, in any specific case, different sections of this appendix specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
The provisions of this appendix shall not be deemed to nullify any provisions of local, state or federal law.
The codes and standards referenced in this appendix shall be considered part of the requirements of this appendix to the prescribed extent of each such reference. Where differences occur between provisions of this appendix and referenced codes and standards, the provisions of this appendix shall apply.
In the event that any part or provision of this appendix is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.
Additions, alterations, or renovations to an existing building, building system or portion thereof shall conform to the provisions of Section N1107 of this code as they relate to new construction without requiring the unaltered portion(s) of the existing building or building system to comply with this chapter. An addition shall be deemed to comply with this chapter if the addition alone complies or if the existing building and addition comply with this chapter as a single building. Additions, alterations, or renovations shall not create an unsafe or hazardous condition or overload existing building systems.
Spaces undergoing a change in occupancy that would result in an increase in demand for either fossil fuel or electrical energy shall comply with Section N1111 of this code.
Any non-conditioned space that is altered to become conditioned space shall comply with Section N1109.2 of this code.
The building official is authorized to require that the prospective applicant meet to discuss plans for any proposed work or change of occupancy under these provisions prior to the issuance of the permit. The purpose of this preliminary meeting is for the building official to gain an understanding of the prospective applicant's intentions for the proposed work, and to determine, together with the prospective applicant, the specific applicability of this appendix.
The building official shall have the authority to require an existing building to be investigated and evaluated by a registered design professional based upon the circumstances agreed upon at the preliminary meeting to determine the existence of any potential nonconformance with the provisions of this code. The building evaluation shall include, but shall not be limited to, structural, mechanical, plumbing and electrical systems. The evaluation shall be limited to those areas of the existing dwelling that are directly affected by the type of work under consideration. The building evaluation shall be certified by the design professional.
The evaluation shall use the following sources of information, as applicable:
- Available documentation of the existing building.
- Field surveys.
- Tests (nondestructive and destructive).
- Laboratory analysis.
For purposes of this appendix, the terms used are defined as follows.
ADDITION. An extension or increase in floor area, number of stories, or height of a building or structure.
ALTERATION. Any construction or renovation to an existing structure other than repair or addition. Alterations are classified as Level 1 and Level 2.
CARPORT. An open-sided structure that is used for parking, storage, or repair of equipment and/or vehicles, and consists of a roof and at least two sides that are open to the atmosphere.
CHANGE OF OCCUPANCY. A change in the occupancy or use of a building, such as a change from a one-family dwelling to a two-family dwelling, or from an occupancy regulated by the Building Code of New York State to a detached one-or two-family dwelling or multiple single-family dwellings (townhouses) regulated by this code.
CONVERSION. A change of occupancy or use of a building from a one-family dwelling to a bed and breakfast dwelling.
DANGEROUS. Any building or structure or any individual member with any of the structural conditions or defects described below shall be deemed dangerous:
EXISTING BUILDING. A building or structure that has been issued a certificate of occupancy or has been legally occupied.
FLOOD HAZARD AREA. The greater of the following two areas:
HEATING OIL STORAGE TANK. A tank used for storing heating oil for consumptive use on the premises where stored.
HOME OCCUPATION. The use of a portion of a dwelling unit for nonresidential purposes by a resident thereof.
LOAD-BEARING ELEMENT. Any column, girder, beam, joist, truss, rafter, wall, floor or roof sheathing that supports any vertical load in addition to its own weight, or any lateral load.
MATERIALS AND METHODS REQUIREMENTS. Those requirements in this code that specify material standards; details of installation and connection; joints; penetrations; and continuity of any element, component or system in the building. The required quantity, fire resistance, flame spread, acoustic or thermal performance, or other performance attribute is specifically excluded from materials and methods requirements.
MOTOR VEHICLE RELATED OCCUPANCY. A building or portion thereof that is used for parking, storage, or repair of equipment and/or vehicles. The term motor vehicle related occupancy shall exclude structures that meet the definition of a carport or an open parking garage.
RECONFIGURATION OF SPACE. A reconfiguration of space includes a change of a space from nonhabitable to habitable, the installation or removal of walls, or partitions, or any other division of space, or the change in use of a space in which the new use could be considered an increase in hazard as determined by the authority having jurisdiction.
REHABILITATION. Any repair, renovation, alteration or reconstruction work undertaken in an existing building.
RELOCATION. Relocated buildings include any building or structure which is relocated from its existing foundation to a new foundation.
REPAIR. The restoration of materials, elements, components, equipment or fixtures for the purposes of maintaining those materials, elements, components, equipment or fixtures in good or sound condition.
REPLACEMENT. The reconstruction of a building on an existing foundation or support system.
SUBSTANTIAL DAMAGE. For the purpose of determining compliance with the flood provisions of this code, damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. For the purpose of determining compliance with the flood provisions of this code, any repair, alteration, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:
WORK AREA. That portion or portions of a building affected by any renovation, alteration or reconstruction work as initially intended by the owner and indicated as such in the permit. Work area excludes other portions of the building where incidental work entailed by the intended work must be performed, and portions of the building where work not initially intended by the owner is specifically required by this appendix.
ADDITION. An extension or increase in floor area, number of stories, or height of a building or structure.
ALTERATION. Any construction or renovation to an existing structure other than repair or addition. Alterations are classified as Level 1 and Level 2.
CARPORT. An open-sided structure that is used for parking, storage, or repair of equipment and/or vehicles, and consists of a roof and at least two sides that are open to the atmosphere.
CHANGE OF OCCUPANCY. A change in the occupancy or use of a building, such as a change from a one-family dwelling to a two-family dwelling, or from an occupancy regulated by the Building Code of New York State to a detached one-or two-family dwelling or multiple single-family dwellings (townhouses) regulated by this code.
CONVERSION. A change of occupancy or use of a building from a one-family dwelling to a bed and breakfast dwelling.
DANGEROUS. Any building or structure or any individual member with any of the structural conditions or defects described below shall be deemed dangerous:
- The stress in a member or portion thereof due to all factored dead and live loads is more than one and one third the nominal strength allowed in this code for new buildings of similar structure, purpose or location.
- Any portion, member or appurtenance thereof likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons.
- Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not anchored, attached or fastened in place so as to be capable of resisting a wind pressure of two thirds of that specified in this code for new buildings of similar structure, purpose or location without exceeding the nominal strength permitted in this code for such buildings.
- The building, or any portion thereof, is likely to collapse partially or completely because of dilapidation, deterioration or decay; construction in violation of the Uniform Code; the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay or inadequacy of its foundation; damage due to fire, earthquake, wind or flood; or any other similar cause.
- The exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base.
EXISTING BUILDING. A building or structure that has been issued a certificate of occupancy or has been legally occupied.
FLOOD HAZARD AREA. The greater of the following two areas:
- The area within a flood plain subject to a 1-percent or greater chance of flooding in any year.
- The area designated as a flood hazard area on a community's flood hazard map, or otherwise legally designated.
HEATING OIL STORAGE TANK. A tank used for storing heating oil for consumptive use on the premises where stored.
HOME OCCUPATION. The use of a portion of a dwelling unit for nonresidential purposes by a resident thereof.
LOAD-BEARING ELEMENT. Any column, girder, beam, joist, truss, rafter, wall, floor or roof sheathing that supports any vertical load in addition to its own weight, or any lateral load.
MATERIALS AND METHODS REQUIREMENTS. Those requirements in this code that specify material standards; details of installation and connection; joints; penetrations; and continuity of any element, component or system in the building. The required quantity, fire resistance, flame spread, acoustic or thermal performance, or other performance attribute is specifically excluded from materials and methods requirements.
MOTOR VEHICLE RELATED OCCUPANCY. A building or portion thereof that is used for parking, storage, or repair of equipment and/or vehicles. The term motor vehicle related occupancy shall exclude structures that meet the definition of a carport or an open parking garage.
RECONFIGURATION OF SPACE. A reconfiguration of space includes a change of a space from nonhabitable to habitable, the installation or removal of walls, or partitions, or any other division of space, or the change in use of a space in which the new use could be considered an increase in hazard as determined by the authority having jurisdiction.
REHABILITATION. Any repair, renovation, alteration or reconstruction work undertaken in an existing building.
RELOCATION. Relocated buildings include any building or structure which is relocated from its existing foundation to a new foundation.
REPAIR. The restoration of materials, elements, components, equipment or fixtures for the purposes of maintaining those materials, elements, components, equipment or fixtures in good or sound condition.
REPLACEMENT. The reconstruction of a building on an existing foundation or support system.
SUBSTANTIAL DAMAGE. For the purpose of determining compliance with the flood provisions of this code, damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. For the purpose of determining compliance with the flood provisions of this code, any repair, alteration, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:
- Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that is the minimum necessary to assure safe living conditions, or
- Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.
- In any story, the vertical elements of the lateral-forceresisting system, in any direction and taken as a whole, have suffered damage such that the lateral load-carrying capacity has been reduced by more than 20 percent from its predamaged condition, or
- The vertical load-carrying components supporting more than 30 percent of the structure's floor or roof area have suffered a reduction in vertical load-carrying capacity to below 75 percent of the required strength levels of this code.
WORK AREA. That portion or portions of a building affected by any renovation, alteration or reconstruction work as initially intended by the owner and indicated as such in the permit. Work area excludes other portions of the building where incidental work entailed by the intended work must be performed, and portions of the building where work not initially intended by the owner is specifically required by this appendix.
The work performed on an existing building shall be classified in accordance with this section.
The work area, as defined in Section AJ201, shall be identified on the construction documents.
Repairs, as defined in Section AJ201, include the patching or restoration of materials, elements, equipment, or fixtures for the purpose of maintaining such materials, elements, equipment or fixtures in good or sound condition. Repairs shall comply with the provisions of Section AJ401.
Level 1 alterations include the removal and replacement or the covering of existing materials, elements, equipment or fixtures using new materials, elements, equipment or fixtures that serve the same purpose, without reconfiguring the space. Level 1 alterations shall comply with the provisions of Section AJ501.
Level 2 alterations include the reconfiguration of space, the addition or elimination of any door or window, the reconfiguration or extension of any system, or the installation of any additional equipment. Level 2 alterations shall comply with the provisions of Section AJ501 for Level 1 alterations as well as the provisions of Section AJ601.
Exception:
Work areas in which the alteration work is exclusively plumbing, mechanical or electrical shall not be included in the computation of total area of all work areas.
Change of occupancy provisions apply where the activity is classified as a change of occupancy as defined in Section AJ201. Changes of occupancy shall comply with the provisions of Section AJ701.
Provisions for additions shall apply where work is classified as an addition as defined in Section AJ201. Additions to existing buildings shall comply with the provisions of Section AJ801.
Historic building provisions shall apply to buildings classified as historic as defined in Section AJ201. Except as specifically provided for in Section AJ901, historic buildings shall comply with applicable provisions of this appendix for the type of work being performed.
Relocated building provisions shall apply to relocated buildings as defined in Section AJ201. Relocated buildings shall comply with the provisions of Section AJ1001.
Replaced building provisions shall apply to replaced buildings as defined in Section AJ201. Replaced buildings shall comply with the provisions of Section AJ1101.
Repairs as described in Section AJ301 shall comply with the requirements of this section. Repairs to historic buildings shall comply with this section, except as modified in Section AJ901.
Except as otherwise required herein, work shall be done using materials permitted by the applicable code for new construction or using like materials such that no hazard to life, health or property is created.
Hazardous materials that are no longer permitted, such as asbestos and lead-based paint, not be used.
Replacement glazing in hazardous locations shall comply with the safety glazing requirements of Section R308 as applicable.
Existing roof assemblies undergoing repair shall comply with the applicable requirements of Section AJ501.4.4 of this appendix.
Repairs to existing plumbing systems shall be permitted in the same manner and arrangement as in the existing system, provided that such repairs or replacement are not hazardous and are approved.
The following plumbing materials and supplies shall not be used:
- All-purpose solvent cement, unless listed for the specific application;
- Flexible traps and tailpieces, unless listed for the specific application; and
- Solder having more than 0.2-percent lead in the repair of potable water systems.
Existing electrical wiring and equipment undergoing repair shall be allowed to be repaired or replaced with like material.
Exceptions:
- Replacement of electrical receptacles shall comply with the applicable requirements of the NFPA 70 or Chapter 39 of this code.
- Plug fuses of the Edison-base type shall be used for replacements only where there is no evidence of over fusing or tampering and shall comply with requirements of Chapter 37 of this code applying for conductor sizing and overcurrent protection code.
- For replacement of nongrounding-type receptacles with grounding-type receptacles and for branch circuits that do not have an equipment grounding conductor in the branch circuitry, the grounding conductor of a grounding-type receptacle outlet shall be permitted to be grounded to any accessible point on the grounding electrode system, or to any accessible point on the grounding electrode conductor as allowed and described in Part VIII—Electrical of this code.
- Frames of electric ranges, wall-mounted ovens, counter-mounted cooking units, clothes dryers, and outlet or junction boxes that are part of the existing branch circuit for these appliances shall be permitted to be grounded to the grounded circuit conductor in accordance with Part VIII —Electrical of this code.
Repairs to existing mechanical systems shall be permitted in the same manner and arrangement as in the existing system, provided that such repairs or replacement are not hazardous and are approved.
In flood hazard areas, repairs that constitute substantial improvement shall require that the building comply with Section R322 of this code.
Repairs shall be done in a manner that maintains the level of fire protection provided.
When repairs requiring a permit occur, the individual dwelling unit shall be provided with smoke alarms located as required for new dwellings; the smoke alarms shall be interconnected in accordance with Section R314.4.
Exceptions:
- Repairs to the exterior surfaces of dwellings are exempt from the requirements of this section.
- In other than bed and breakfast dwellings, smoke alarms in existing areas shall not be required to be interconnected and hard wired where interior wall or ceiling finishes are not removed to expose the structure.
Smoke alarms shall be permitted to be battery operated when installed in buildings without commercial power or an on-site electrical power system, or in buildings where existing interior wall or ceiling finishes are not removed to expose the structure.
Smoke alarms shall not be required to be interconnected where battery-operated alarms are permitted.
When repairs of fuel-fired appliances and equipment, solid-fuel
burning appliances and equipment, or fireplaces and chimneys occur, the individual dwelling unit shall be
provided with carbon monoxide alarms as required for new dwellings.
Exception:
In other than bed and breakfast dwellings, carbon monoxide alarms shall be permitted to be
battery operated when installed in buildings without commercial power or an on-site electrical power
system, or in buildings where existing interior wall or ceiling finishes are not removed to expose the
structure. Carbon monoxide alarms shall not be required to be interconnected where battery operated
alarms are permitted.
Repairs of structural elements shall comply with this section.
Repairs shall not reduce the structural strength or stability of the building, structure or any individual member thereof.
Exception:
Such reduction shall be allowed, provided the capacity is not reduced to below the levels required by this code.
Damaged buildings shall be repaired in accordance with this section.
New structural frame members used in the repair of damaged buildings, including anchorage and connections, shall comply with this code.
Buildings that have sustained substantial structural damage shall comply with this section.
An engineering evaluation and analysis that establishes the structural adequacy of the damaged building shall be prepared by a registered design professional and submitted to the building official. The evaluation and analysis may assume that all damaged structural elements and systems have their original strength and stiffness.
The evaluation and analysis shall demonstrate that the building, once repaired, complies with the applicable wind and seismic provisions of this code.
Repairs to buildings damaged to a level below the substantial structural damage level as defined in Section AJ201 shall be allowed to be made with the materials, methods and strengths in existence prior to the damage unless such existing conditions are dangerous as defined in Section AJ201. New structural frame members as defined in Section AJ201 shall comply with Section AJ401.9.2.1.
Where in the course of conducting repairs other
uncovered structural elements are found to be unsound or otherwise structurally deficient, such elements shall
be made to conform to the requirements of Section AJ401.9.2.2.2.
In flood hazard areas, damaged buildings that sustain substantial damage shall be brought into compliance with provisions of this code for flood resistant construction of new structures.
Level 1 alterations as described in Section AJ301 shall comply with the requirements of this section. Level 1 alterations to historic buildings shall comply with this section, except as modified in Section AJ901.
An existing building or portion thereof shall not be altered such that the building becomes less safe than its existing condition.
Exception:
Where the current level of safety or sanitation is proposed to be reduced, the portion altered shall conform to the requirements of this code.
In flood hazard areas, alterations that constitute substantial improvement shall require that the building comply with Section R322 of this code.
Building elements and materials used for Alterations—Level 1 shall comply with this section.
All newly installed interior finishes shall comply with the flame spread and smoke developed index requirements of Chapter 3 of this code.
All new work shall comply with materials and methods requirements of this code.
Minor reductions in the clear opening dimensions of replacement doors and windows that result from the use of different materials shall be allowed.
The replacement of emergency escape and rescue opening windows in conformance with the code in effect at the time of construction shall not require compliance with Section R310 of this code.
Where alteration work includes recovering or replacing an existing roof covering, the provisions of this section shall apply. Reroofing shall be in accordance with Section R908 of this code.
Means of egress for buildings undergoing alteration shall comply with the requirements of Section 702 of the Property Maintenance Code of New York State.
Alterations shall be done in a manner that maintains the level of fire protection provided and shall comply with this section.
When interior alterations occur in existing dwellings, the individual dwelling unit shall be provided with smoke alarms located as required for new dwellings; the smoke alarms shall be interconnected in accordance with Section R314.4.
Exception:
In other than bed and breakfast dwellings, smoke alarms in existing areas shall not be required to be interconnected and hard wired where interior wall or ceiling finishes are not removed to expose the structure.
Smoke alarms shall be permitted to be battery operated when installed in buildings without commercial power or an on-site electrical power system, or in buildings where existing interior wall or ceiling finishes are not removed to expose the structure.
Smoke alarms shall not be required to be interconnected where battery-operated alarms are permitted.
Where alteration work includes replacement of equipment that is supported by the building, the structural provisions of this section shall apply.
Existing structural components supporting alteration work shall comply with this section.
Where replacement of equipment results in additional dead loads, structural components supporting such equipment shall comply with the load requirements of this code.
Exception:
Buildings constructed in accordance with this code and where the additional dead load from the equipment is not increased by more than 5 percent.
The structural roof components shall be capable of supporting the roof covering system and the material and equipment loads that will be encountered during installation of the roof covering system.
Alterations to any mechanical system shall conform to the requirements of Chapter 12 of this code for a new mechanical system without requiring the existing mechanical system to comply with all of the requirements of this code.
Alterations to any plumbing system shall conform to the requirements for a new plumbing system without requiring the existing plumbing system to comply with all the requirements of this code.
The following plumbing materials and supplies shall not be used:
- All-purpose solvent cement, unless listed for the specific application;
- Flexible traps and tailpieces, unless listed for the specific application; and
- Solder having more than 0.2-percent lead in the repair of potable water systems.
Any alteration to an existing electrical system shall be made in conformity with the provisions of Chapter E34 through Chapter E43 of this code.
Level 2 alterations as described in Section AJ301 shall comply with the requirements of this section. Level 2 alterations to historic buildings shall comply with this section, except as modified in Section AJ901. The requirements of this section are limited to work areas in which Level 2 alterations are being performed, and shall apply beyond the work area where specified.
In addition to the requirements of this section, all work shall comply with the requirements of Section AJ501.
All newly constructed elements, components, systems and spaces shall comply with the requirements of this code.
Exceptions:
- Space created in basements may have a ceiling that projects to within 6 feet 8 inches (2032 mm) of the finished floor; and beams, girders and ducts in such space or other obstructions may project to within 6 feet 4 inches (1930 mm) of the finished floor. Existing finished ceiling heights in spaces in basements shall not be reduced.
- Existing stairs not otherwise being altered shall be permitted to maintain their current clear width at, above, and below existing handrails.
- Existing stairs not otherwise being altered shall be permitted to maintain their current riser heights and tread depths.
- Headroom height on existing stairs being altered shall not be reduced below the existing stairway finished headroom. Existing stairs not otherwise being altered shall be permitted to maintain the current finished headroom.
- Landings for existing stairs not otherwise being altered shall be permitted to maintain their current width.
The work performed shall not increase the extent of noncompliance with the requirements of this code or create nonconformity with those requirements which did not previously exist.
In flood hazard areas, alterations that constitute substantial improvement shall require that the building comply with Section R322 of this code.
Building elements and materials used for Alterations—Level 2 shall comply with this section.
Where the work area is in a two-family dwelling or multiple single-family dwelling (townhouse) and exceeds 50 percent of the aggregate area of the dwelling unit, all walls separating dwelling units that are not continuous from the foundation to the underside of the roof sheathing shall be constructed to provide a continuous fire separation using construction materials consistent with the existing wall or complying with the requirements for new structures. Work shall only be required to be performed on the side of the wall of the dwelling unit that is part of the work area.
Exception:
Where alterations or repairs do not result in the removal of wall or ceiling finishes exposing the structure, walls are not required to be continuous through concealed floor spaces.
Where the work area exceeds 50 percent of the aggregate area of the dwelling, the interior finish of walls and ceilings in any work area shall comply with the requirements of Section R302.9. All existing interior finish materials that do not comply with those requirements shall be removed or shall be treated with an approved fire retardant coating in accordance with the manufacturer's instructions to secure compliance with the requirements of this section.
In work areas, guards designed and installed in accordance with Section R312 shall be provided on every open portion of a floor, stair, landing, porch, deck, porch or deck enclosed with insect screening, or balcony that is more than 30 inches (762 mm) above the floor or grade below, or where the existing guards are judged to be in danger of collapsing.
The means of egress in work areas where alterations are being performed shall comply with the requirements of this section.
Exit doors in any work area shall comply with Section R311.1 and R311.2.
Every stairway having four or more risers from a work area floor shall be provided with handrails designed and installed in accordance with Section R311.7.8.
An emergency escape and rescue opening complying with Section R310 shall be provided in existing basements undergoing a reconfiguration of space to create habitable space.
Alterations shall be done in a manner that maintains the level of fire protection provided and shall comply with this section.
When interior alterations occur, or when one or more sleeping rooms are added or created in existing dwellings, the individual dwelling unit shall be provided with smoke alarms located as required for new dwellings; the smoke alarms shall be interconnected in accordance with Section R314.4.
Exception:
In other than bed and breakfast dwellings, smoke alarms in existing areas shall not be required to be interconnected and hard wired where interior wall or ceiling finishes are not removed to expose the structure.
Smoke alarms shall be permitted to be battery operated when installed in buildings without commercial power or an on-site electrical power system, or in buildings where existing interior wall or ceiling finishes are not removed to expose the structure.
Smoke alarms shall not be required to be interconnected where battery operated alarms are permitted.
Where a Level 2 alteration is made to an existing dwelling unit, the dwelling unit shall be provided with carbon monoxide alarms that comply with the requirements for new construction.
Exceptions:
- Alterations involving the exterior surfaces of buildings, such as the replacement of roofing or siding, or the addition or replacement of windows or doors.
- Installation of, or alteration to, plumbing or mechanical systems, other than fuel-burning appliances.
When a new fuel-burning appliance is added to, installed in, or attached to an existing dwelling unit, or when an existing fuel-burning appliance is relocated to a different room or space in an existing dwelling unit, the unit shall be provided with additional carbon monoxide alarms to accommodate the new or relocated fuel-burning appliance. The selection, design, and location of the additional carbon monoxide alarms shall comply with the requirements for new construction.
Carbon monoxide alarms powered by a 10-year battery shall be allowed and interconnection of alarms shall not be required in:
- Work areas where the alteration does not result in the removal or exposure of interior wall or ceiling finishes that reveal the structure, unless there is an attic, crawl space, basement, or similar space available that could provide access for power and interconnection without the removal of such interior finishes.
- Existing portions of a dwelling unit that are provided with additional carbon monoxide alarms as required by AJ601.8.2.1, and dwelling units without commercial power.
An existing attic may be altered to create a habitable attic above the second story above grade plane without requiring the installation of a sprinkler system throughout the entire dwelling, provided all of the following conditions are met:
- The habitable attic and its means of egress to the exterior are equipped with a limited area sprinkler system installed in accordance with NFPA 13D or Section P2904 of this code.
- The habitable attic is provided with emergency escape and rescue openings, meeting the requirements of Section R310 of this code.
- The entire dwelling is equipped with a fire alarm system in compliance with Section R314.7 of this code and monitored by an approved supervising station in accordance with NFPA 72.
The minimum design criteria for existing portions of the structure shall be the loads applicable at the time the building was constructed, provided that no dangerous condition is created. Structural elements which are uncovered during the course of the alteration and which are found to be unsound or dangerous shall be made to comply with the applicable requirements of this code.
Where alteration work includes installation of additional equipment that is structurally supported by the building or reconfiguration of space such that portions of the building become subjected to higher dead or live loads, all structural members affected by such increase shall meet the load requirements of this code.
Exception:
Structural elements whose stress is not increased by more than 5 percent.
Alterations shall not reduce the structural strength or stability of the building, structure or any individual member thereof.
Exception:
Such reduction shall be allowed as long as the strength and the stability of the building are not reduced to below the levels required by this code.
New structural members in alterations, including connections and anchorage, shall comply with this code.
Alterations to any mechanical system shall conform to the requirements of Chapter 12 for a new mechanical system without requiring the existing mechanical system to comply with all the requirements of this code. Alterations shall not cause an existing mechanical system to become unsafe, hazardous or overloaded.
Mechanically ventilated reconfigured spaces shall comply with Section M1505 as applicable
Alterations to any plumbing system shall conform to the requirements for a new plumbing system without requiring the existing plumbing system to comply with all the requirements of this code. Alterations shall not cause an existing system to become unsafe, unsanitary or overloaded.
Where any alteration subjects any portion of an existing plumbing system to increased loads, such portion shall be made to comply with Chapters 25 through 33.
Any alteration to an existing electrical system relating to work done in any work area shall be made in conformity with the provisions of Chapters 34 through 43.
Where alterations subject portions of existing electrical systems to increased loads, such portions shall be made to comply with Chapter 34 through Chapter 43.
Service to dwelling units shall be a minimum of 100 ampere, three-wire capacity, and service equipment shall be dead front having no live parts exposed whereby accidental contact could be made. Type "S" fuses shall be installed when fused equipment is used.
Exception:
Existing service of 60 ampere, three-wire capacity, and feeders of 30 ampere or larger two-or three-wire capacity shall be accepted if adequate for the electrical load being served.
Clearance for electrical service equipment shall be provided in accordance with Section E3405.
Ground-fault and arc-fault circuit-interrupter protection shall be provided on newly installed receptacle outlets as required by Section E3902.
When the work area includes any of the following areas within a dwelling unit, the requirements of Sections AJ608.5.1 through AJ608.5.3 shall apply.
Where the character or use of an existing building is changed, as described in Section AJ301, to a one- or two-family dwelling or multiple single-family dwelling (townhouse) not more than three stories above grade plane in height with a separate means of egress, or where an owner-occupied one-family dwelling is converted for use as a Bed and Breakfast Dwelling, the building shall comply with this section.
Alterations performed in connection with a change of occupancy shall comply with Section AJ501 or AJ601 as applicable. Changes of occupancy to historic buildings shall comply with this section, except as modified by Section AJ901. Owner-occupied one-family dwellings converted for use as a bed and breakfast dwellings shall also comply with Section AJ702.
Alterations performed in connection with a change of occupancy shall comply with Section AJ501 or AJ601 as applicable. Changes of occupancy to historic buildings shall comply with this section, except as modified by Section AJ901. Owner-occupied one-family dwellings converted for use as a bed and breakfast dwellings shall also comply with Section AJ702.
The building shall comply with the provisions of this code.
Exception:
Compliance with the provisions of this code is not required where the change of occupancy is from a twofamily dwelling to a one-family dwelling; smoke alarms and carbon monoxide alarms shall be provided as required in Section AJ701.3.
Emergency escape and rescue openings need not meet the requirements of this code where such openings were lawfully in existence at the time of the adoption of this code.
Existing stairs are permitted to remain, provided all of the following conditions are met:
- The product obtained by multiplying the height of the riser by the depth of the tread shall be not less than 70 inches (1778 mm) nor more than 80 inches (2032 mm). Riser height shall not exceed 9 inches (229 mm).
- Stairs shall have minimum headroom of 6 feet 6 inches (1981 mm), except that stairs for occasional use to basements and attics are permitted to have minimum headroom of 6 feet 4 inches (1930 mm).
- Variations in riser height in a run of stairs shall not exceed 3/8 inch (9.5 mm).
- Width shall be not less than 30 inches (762 mm).
Existing ceiling heights shall be permitted to remain if they equal or exceed the following:
- Habitable space shall have a ceiling height of not less than 6 feet 8 inches (2032 mm), measured from the finished floor to the lowest projection from the ceiling.
- Space, other than habitable, shall have a ceiling height of not less than 6 feet 6 inches (1981 mm), measured from the finished floor to the lowest projection from the ceiling.
Existing foundations are permitted to remain where the change in use will increase the soil bearing pressure by no more than 5 percent.
Specific seismic load detailing provisions required for new structures are not required to be met where it can be shown that an acceptable level of performance and seismic safety is obtained for the applicable seismic design category.
Fire and life safety protection shall comply with this section.
Smoke alarms, located as required for new dwellings, shall be provided; the smoke alarms shall be interconnected in accordance with Section R314.4.
Exception:
In other than bed and breakfast dwellings, smoke alarms in existing areas shall not be required to be interconnected and hard wired where interior wall or ceiling finishes are not removed to expose the structure.
Smoke alarms shall be permitted to be battery operated when installed in buildings without commercial power or an on-site electrical power system, or in buildings where existing interior wall or ceiling finishes are not removed to expose the structure.
Smoke alarms shall not be required to be interconnected where battery operated alarms are permitted.
Where a building undergoes a change of occupancy to a dwelling unit, carbon monoxide alarms shall be provided throughout the dwelling unit. The selection, design, and location of carbon monoxide alarms shall comply with the requirements for new construction.
Carbon monoxide alarms powered by a 10-year battery shall be allowed and interconnection of alarms shall not be required in:
- Buildings that undergo a change of occupancy unless otherwise required by other applicable provisions of the Uniform Code.
- Dwelling units without commercial power.
An automatic sprinkler system as required for new dwellings shall be provided.
Owner-occupied one-family dwellings converted for use as bed and breakfast dwellings as defined in Section AJ201 shall comply with this section and Section AJ701.
A residence converted to a bed and breakfast dwelling shall have no more than five sleeping rooms for accommodating up to 10 transient lodgers.
A one-family dwelling is permitted to be converted for use as a bed and breakfast dwelling under the following conditions:
- No sleeping rooms for transient use shall be located above the second story above grade plane.
- A fire-safety notice shall be affixed to the occupied side of the entrance door of each bedroom for transient use indicating all of the following:
- Means of egress.
- Location of means for transmitting fire alarms, if any.
- Evacuation procedures to be followed in the event of a fire or smoke condition or upon activation of a fire or smoke-detecting or other alarm device.
Means of egress shall include at least one of the following alternatives:
- A limited area sprinkler system installed in conformance with NFPA 13D or P2904 protecting all interior stairs serving as a means of egress;
- An exterior stair conforming to the requirements of R311.7 of this code, providing a second means of egress from all above grade stories or levels; and
- An opening for emergency use conforming to the requirements of Section R310 of this code within each bedroom for transient use, such opening to have a sill not more than 14 feet above level grade directly below and, as permanent equipment, a portable escape ladder that attaches securely to such sill. Such ladder shall be constructed with rigid rungs designed to stand off from the building wall, shall be capable of sustaining a minimum load of 1,000 pounds (455 kg), and shall extend to and provide unobstructed egress to open space at grade.
Additions as described in Section AJ301 shall comply with the requirements of this section.
Additions shall comply with the provisions of this code. Except where required by this section, unaltered portions of the existing building shall not be required to comply with this code.
An addition shall not create or extend any nonconformity in the existing building to which the addition is being made with regard to height, structural strength, fire safety, means of egress, or the capacity of mechanical, plumbing or electrical systems.
Any repair or alteration work within an existing building to which an addition is being made shall comply with the applicable requirements for the work as classified in Section AJ301.
Fire and life safety protection shall comply with this section.
When additions requiring a permit occur, the individual dwelling unit shall be provided with smoke alarms located as required for new dwellings; the smoke alarms shall be interconnected in accordance with Section R314.4.
Exceptions:
- Exterior additions to dwellings, such as decks, are exempt from the requirements of this section.
- In other than bed and breakfast dwellings, smoke alarms in existing areas shall not be required to be interconnected and hard wired where interior wall or ceiling finishes are not removed to expose the structure.
Smoke alarms shall be permitted to be battery operated when installed in buildings without commercial power or an on-site electrical power system, or in existing areas of buildings where existing interior wall or ceiling finishes are not removed to expose the structure.
Smoke alarms shall not be required to be interconnected where battery operated alarms are permitted.
Where an addition is made to a dwelling unit, the addition shall be provided with carbon monoxide alarms that comply with the requirements for new construction.
When a new fuelburning appliance is installed or located in an addition, or when a new motor vehicle related occupancy is added to a dwelling unit, the existing portion of the dwelling unit shall be provided with additional carbon monoxide alarms as necessitated by the new fuel-burning appliance or motor vehicle related occupancy. The selection, design, and location of the additional carbon monoxide alarms shall comply with the requirements for new construction.
Carbon monoxide alarms powered by a 10-year battery shall be allowed and interconnection of alarms shall not be required in:
- Existing portions of a dwelling unit that are provided with additional carbon monoxide alarms as required by Section AJ801.3.2.1, unless otherwise required by the Uniform Code.
- Buildings without commercial power.
Buildings shall be equipped throughout with an automatic sprinkler system installed in accordance with NFPA 13D or Section P2904 of this code whenever any of the following occur:
- An addition is made to a building to create a third story above grade plane.
- A habitable attic is added to a building creating a third story above grade plane.
- The floor area of a legally existing third story above grade plane is increased by more than 10 percent.
Exception: Installation of a sprinkler system throughout the entire dwelling would not be required, provided all of the following conditions are met:
- The third story or habitable attic story and its means of egress to the exterior are equipped with a limited area sprinkler system installed in accordance with NFPA 13D or Section P2904 of this code.
- The third story or habitable attic story is provided with emergency escape and rescue openings meeting the requirements of Section R310 of this code.
- The entire dwelling is equipped with a fire alarm system in compliance with Section R314.7 of this code and monitored by an approved supervising station in accordance with NFPA 72.
Existing structural elements supporting any additional loads as a result of additions shall comply with this code.
Exception:
Structural elements whose stress is not increased by more than 5 percent.
Additions and foundations in flood hazard areas shall comply with the following requirements:
-
For horizontal additions that are structurally interconnected to the existing building:
- If the addition and all other proposed work, when combined, constitute substantial improvement, the existing building and the addition shall comply with Section R322 of this code.
- If the addition constitutes substantial improvement, the existing building and the addition shall comply with Section R322.
- For horizontal additions that are not structurally interconnected to the existing building:
- The addition shall comply with Section R322.
- If the addition and all other proposed work, when combined, constitute substantial improvement, the existing building and the addition shall comply with Section R322.
- For vertical additions and all other proposed work that, when combined, constitute substantial improvement, the existing building shall comply with Section R322.
- For a new, replacement, raised, or extended foundation, if the foundation work and all other proposed work, when combined, constitute substantial improvement, the existing building shall comply with Section R322.
Additions to any mechanical system shall conform to the requirements of Chapter 12 for a new mechanical system without requiring the existing mechanical system to comply with all of the requirements of this code. The existing mechanical system shall be evaluated for adequacy by qualified industry personnel or a registered design professional. Additions shall not cause an existing system to become unsafe, hazardous or overloaded.
Where an addition results in an increase in the number of bedrooms, the capacity of the existing sanitary disposal system shall be determined and any required expansion or replacement shall comply with this code.
It is the intent of this section to provide means for the preservation of historic buildings. Historical buildings as described in Section AJ301 shall comply with the provisions of this section relating to their repair, alteration, change of occupancy or relocation.
A historic building undergoing repair, alteration or change of occupancy shall be investigated and evaluated. If it is intended that the building meet the requirements of this section, a written report shall be prepared and filed with the building official by a registered design professional when such a report is necessary in the opinion of the building official. Such report shall identify each required safety feature that is in compliance with this section and where compliance with other sections of these provisions would be damaging to the contributing historic features. The report shall describe each feature that is not in compliance with these provisions and shall demonstrate how the intent of these provisions is complied with in providing an equivalent level of safety.
In flood hazard areas, if all proposed work, including repairs, work required because of a change of occupancy, and alterations, constitutes substantial improvement, then the existing building shall comply with Section R322.
Exception:
If a historic building will continue to be a historic building after the proposed work is completed, then the proposed work is not considered a substantial improvement.
When a historic building is determined to be dangerous, no work shall be required except as necessary to correct identified unsafe conditions.
Historic buildings undergoing repairs, alterations, changes of occupancy or that are relocated shall comply with this section.
Smoke alarms, located as required for new dwellings, shall be provided; the smoke alarms shall be interconnected in accordance with Section R314.4.
Exception:
In other than bed and breakfast dwellings, smoke alarms in existing areas shall not be required to be interconnected and hard wired where interior wall or ceiling finishes are not removed to expose the structure.
Smoke alarms shall be permitted to be battery operated when installed in buildings without commercial power or an on-site electrical power system, or in buildings where existing interior wall or ceiling finishes are not removed to expose the structure.
Smoke alarms shall not be required to be interconnected where battery-operated alarms are permitted.
Historic buildings undergoing alterations, changes of occupancy, or additions shall be provided with carbon monoxide alarms when required by other applicable requirements of this appendix and the Uniform Code.
Building elements and materials within historic buildings shall comply with this section.
The existing finishes of walls and ceilings shall be accepted when it is demonstrated that they are the historic finishes.
Where fireresistance-rated construction is required by this code, it need not be provided where the existing wall and ceiling finish is wood or metal lath and plaster.
The spacing between existing intermediate railings or openings in existing ornamental patterns shall be accepted. Missing elements or members of a guard may be replaced in a manner that will preserve the historic appearance of the building or structure.
Historic buildings shall comply with the applicable structural provisions for the work as classified in Section AJ301.
Exception:
The building official shall be authorized to accept existing floors and approve operational controls that limit the live load on any such floor.
Where the building official determines that a component or a portion of a building or structure is dangerous as defined in this code and is in need of repair, strengthening or replacement by provisions of this code, only that specific component or portion shall be required to be repaired, strengthened or replaced.
Repairs to any portion of a historic building or structure shall be permitted with original or like materials and original methods of construction, subject to the provisions of this section.
Historic buildings undergoing repairs shall comply with all of the applicable requirements of Section AJ401.
Exception:
Replacement of existing or missing features using original materials shall be permitted. Partial replacement for repairs that match the original in configuration, height and size shall be permitted. Such replacements shall not be required to meet the materials and methods requirements of Section AJ401.2.
Historic buildings undergoing Level 1 alterations as described in Section AJ301 shall comply with the applicable provisions of Section AJ501, except as specifically permitted in Section AJ901.
Historic buildings undergoing Level 2 alterations as described in Section AJ301 shall comply with the applicable provisions of Section AJ601, except as specifically permitted in Section AJ901.
Historic buildings undergoing a change of occupancy shall comply with the applicable provisions of Section AJ701, except as specifically permitted in this section.
Historic structures undergoing a change of use or occupancy may use alternative methods to comply with the requirements of Section R302. Such alternatives shall comply with Section AJ901.2.
Required dwelling unit separations may be omitted when the building is equipped throughout with an approved automatic sprinkler system.
When it is determined by the building official that compliance with the light, ventilation and heating requirements of Section R303 will lead to loss of historic character or historic materials in the building, the existing level of light, ventilation and heating shall be considered acceptable.
Relocated historic buildings shall continue to be considered historic buildings for the purposes of this code.
Historic buildings shall comply with the applicable provisions for the work as classified in Section AJ301, except as specifically permitted in Section AJ901.
Relocated historic buildings and structures shall be sited so that exterior walls and openings comply with Section R302 of this code.
Foundations of relocated historic buildings and structures shall comply with this code.
Relocated or moved buildings as described in Section AJ301 shall comply with this section. Relocated or moved historic buildings shall comply with Section AJ901.
The building shall comply with the provisions of the Fire Code of New York State and the Property Maintenance Code of New York State as applicable. Any repair, alteration, or change of occupancy undertaken within the moved structure shall comply with the requirements of this appendix applicable to the work being performed. Any field-fabricated elements shall comply with the requirements of this code as applicable.
The building shall be located on the lot in accordance with the requirements of Section R302.
If relocated or moved into a flood hazard area, buildings shall comply with Section R322.
The foundation system of relocated buildings shall comply with this code as applicable.
The connection of the relocated building to the foundation shall comply with this code as applicable.
Relocated or moved buildings shall comply with this section.
Smoke alarms, located as required for new dwellings, shall be provided; the smoke alarms shall be interconnected in accordance with Section R314.4.
Exception:
In other than bed and breakfast dwellings, smoke alarms in existing areas shall not be required to be interconnected and hard wired where interior wall or ceiling finishes are not removed to expose the structure.
Smoke alarms shall be permitted to be battery operated when installed in buildings without commercial power or an on-site electrical power system, or in buildings where existing interior wall or ceiling finishes are not removed to expose the structure.
Smoke alarms shall not be required to be interconnected where battery-operated alarms are permitted.
Relocated or moved buildings shall be provided with carbon monoxide alarms when required by other applicable requirements of this appendix and the Uniform Code.
Relocated or moved buildings shall comply with this section.
The building official shall be authorized to inspect, or to require approved professionals to inspect at the expense of the owner, the various structural parts of a relocated building to verify that structural components and connections have not sustained structural damage. Any repairs required by the building official as a result of such inspection shall be made prior to the final approval.
Buildings shall comply with the wind provisions of this code as applicable.
Exceptions:
- Detached one- and two-family dwellings where wind loads at the new location are not higher than those at the previous location.
- Structural elements whose stress is not increased by more than 5 percent.
Buildings shall comply with the seismic provisions of this code at the new location as applicable.
Exceptions:
- Where the seismic loads at the new location are not higher than those at the previous location.
- Structural elements whose stress is not increased by more than 5 percent.
Buildings shall comply with the snow loads provisions of this code as applicable where snow loads at the new location are higher than those at the previous location.
Exception:
Structural elements whose stress is not increased by more than 5 percent.
Buildings that are replaced as described in Section AJ301 shall comply with the requirements of this section.
Buildings that are replaced shall comply with the provisions of this code.
Where a building replacement results in an increase in the number of bedrooms, the capacity of the existing sanitary disposal system shall be determined and any required expansion or replacement shall comply with this code.