Chapter 1 General Requirements

Chapter 2 Definitions

Chapter 3 Prescriptive Compliance Method

Chapter 4 Classification of Work

Chapter 5 Repairs

Chapter 6 Alterations - Level 1

Chapter 7 Alterations - Level 2

Chapter 8 Alterations - Level 3

Chapter 9 Change of Occupancy

Chapter 10 Additions

Chapter 11 Historic Buildings

Chapter 12 Relocated or Moved Buildings

Chapter 13 Performance Compliance Methods

Chapter 14 Construction Safeguards

Chapter 15 Referenced Standards

Appendix A Referenced Standards

Chapter A1 Seismic Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings

Chapter A2 Earthquake Hazard Reduction in Existing Reinforced Concrete and Reinforced Masonry Wall Buildings With Flexible Diaphragms

Chapter A3 Prescriptive Provisions for Seismic Strengthening of Cripple Walls and Sill Plate Anchorage of Light‚ Wood-Frame Residential Buildings

Chapter A4 Earthquake Hazard Reduction in Existing Wood-Frame Residential Buildings With Soft‚ Weak or Open-Front Walls

Chapter A5 Earthquake Hazard Reduction in Existing Concrete Buildings and Concrete With Masonry Infill Buildings

Appendix B Reserved

These provisions shall be known as the Existing Building Code of New York State, and shall be cited as such and will be referred herein as "this code."
The provisions of this code shall apply to the repair, alteration, change of occupancy, addition and relocation of existing buildings. Projects that involve more than one classification of work (such as Repair, Alterations—Level 1, Additions, etc.) must comply with the requirements of each appropriate chapter, 5 through 12.

Exceptions:


1. One- and two-family dwellings and townhouses not more than three stories high with separate means of egress and their accessory structures or changes in occupancy thereto shall comply with the Residential Code of New York State.
2. Agricultural buildings used solely in the raising, growing or storage of agricultural products by a farmer engaged in a farming operation.
Energy conservation measures in existing buildings shall be in conformance with Section 101 of the Energy Conservation Construction Code of New York State.
The intent of this code is to provide flexibility to permit the use of alternative approaches to achieve compliance with minimum requirements to safeguard the public health, safety and welfare insofar as they are affected by the repair, alteration, change of occupancy, addition and relocation of existing buildings.
The repair, alteration, change of occupancy, addition or relocation of all existing buildings shall comply with one of the methods listed in Sections 101.5.1 through 101.5.3 as selected by the applicant.

Exception:
Alterations complying with laws in existence at the time the building or affected portion of the building was built shall be considered in compliance with the provisions of this code unless the building has sustained substantial structural damage as defined in Section 506.2, or the building is undergoing more than a limited structural alteration as defined in Section 807.5.3. New structural members added as part of the repair or alteration shall comply with the Building Code of New York State. Repairs and alterations of existing buildings in flood hazard areas shall comply with Sections 501.4 and 601.3 respectively.
Repairs, alterations, additions and changes of occupancy complying with Chapter 3 of this code in buildings complying with the Fire Code of New York State shall be considered in compliance with the provisions of this code.
Repairs, alterations, additions, changes in occupancy and relocated buildings complying with the applicable requirements of Chapters 4 through 12 of this code shall be considered in compliance with the provisions of this code.
Repairs, alterations, additions, changes in occupancy and relocated buildings complying with Chapter 13 of this code shall be considered in compliance with provisions of this code.
Where in any specific case, different sections of this code specify different materials, methods of construction, or other requirements, the most restrictive shall be applicable. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
This code is part of the State Uniform Fire Prevention and Building Code (the Uniform Code) promulgated pursuant to Article 18 of the Executive Law. The provisions of the Uniform Code shall not be deemed to nullify any federal, state or local law, ordinance, administrative code, rule or regulation relating to any matter as to which the Uniform Code does not provide. However:

(1) Pursuant to section 383(1) of the Executive Law, and except as otherwise provided in paragraphs a, b and c of section 383 of the Executive Law, the provisions of the Uniform Code supersede any other provision of a general, special or local law, ordinance, administrative code, rule or regulation inconsistent or in conflict with the Uniform Code;
(2) Pursuant to section 379(3) of the Executive Law, no city, town, village, county or other municipality shall have the power to supersede, void, repeal, or make less restrictive any provision of the Uniform Code; and
(3) The ability of any city, town, or village, or the County of Nassau, to enact or adopt, and to enforce, a local law or ordinance imposing higher or more restrictive standards for construction within the jurisdiction of such city, town, village, or county than are applicable generally to such city, town, village, or county in the Uniform Code is subject to the provisions and requirements of section 379 of the Executive Law.

Nothing in this section 102.2 shall be construed (1) as affecting the authority of the State Labor Department to enforce a safety or health standard issued under provisions of sections 27 and 27-a of the Labor Law; (2) to relieve a person from complying with a stricter standard issued pursuant to the Occupational Safety and Health Act of 1970, as amended; (3) as superseding, limiting, impairing or otherwise affecting any provision in Parts 1219 to 1228 of Title 19 of the New York Codes, Rules and Regulations, as now in effect and as hereafter amended from time to time.
No change shall be made in the use or occupancy of any structure that would place the structure in a different divison of the same group or occupancy or in a different group of occupancies, unless such structure is made to comply with the requirements of this code and the Fire Code of New York State.
References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
The standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced standards, the provisions of this code shall apply.
The following appendix and resource have been adopted and are made part of this code:

Appendix A – Guidelines for the Seismic Retrofit of Existing Buildings

Resource A – Guidelines on Fire Ratings of Archaic Materials and Assemblies
In the event any part or provision of this code 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.
The legal occupancy of any structure 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 Property Maintenance Code of New York State or the Fire 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.
Carbon monoxide alarms and detectors shall comply with the Fire Code of New York State.
Materials, equipment and devices approved by the code enforcement official for use shall be constructed and installed in accordance with such approval. Materials, equipment and devices tested by an approved testing laboratory shall be permitted to be constructed and installed in accordance with such approval.
Material, equipment and devices shall not be reused unless they meet the requirements of this code for new materials.
This code is not intended to prevent the use of any material not specifically prescribed by this code or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative material, design or method of construction has been approved by the code enforcement official or the State Fire Prevention and Building Code Council. An alternative material, design or method of construction may be approved only when the code enforcement official or the State Fire Prevention and Building Code Council shall have determined, in writing, that such alternative material, design or method of construction (1) complies with the intent of the provisions of this code and (2) is at least equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Nothing in this section 103.3 shall be construed as permitting any code enforcement official, or any town, village, city, county, or state agency charged with the administration and enforcement of the Uniform Code, to waive, vary, modify or otherwise alter any provision or requirement of this code or any other provision or requirement of the Uniform Code. Provisions or requirements of the Uniform Code may be varied or modified only pursuant to procedures established by the Secretary of State pursuant to section 381(1)(f) of the Executive Law.
All construction work covered in this code, including any demolition, shall comply with the requirements of the Fire Code of New York State and this code.
Where the code enforcement official determines that a component or a portion of a building or structure is in need of repair, strengthening or replacement by provisions of this code, only that specific component or portion shall be required by other provisions of this code.
The incorporation of existing materials, construction and detailing into the structural system shall be permitted when approved by the code enforcement official. Minimum quality levels and maximum strength values shall comply with this code.
Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with this code and the manufacturer’s installation instructions.
Connections from a utility, source of energy, fuel or power to any building or system which is regulated by this code shall be made in accordance with the regulations of the public utility or other authority having jurisdiction.
Temporary power shall comply with the requirements of Chapter 27 of the Building Code of New York State.
Administration and enforcement of the New York State Uniform Fire Prevention and Building Code shall be in accordance with local law, subject to the minimum requirements set forth in the "Official Compilation of Codes, Rules and Regulations of the State of New York," 19 NYCRR Part 1203, "Minimum Standards for Administration and Enforcement." State agencies shall comply with the minimum requirements set forth in 19 NYCRR Part 1204, "Administration and Enforcement by State Agencies."
No town, village, city or county, nor any state agency charged with the administration and enforcement of this code may waive, modify or otherwise alter any provision of this code unless approved by the State Fire Prevention and Building Code Council in accordance with Section 379 of Article 18 of the Executive Law.
Variance or appeal of any provision of this code shall be in accordance with the provisions of the "Official Compilation of Codes, Rules and Regulations of the State of New York," 19 NYCRR part 1205, "Variance Procedures."
Resources