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

The provisions of this chapter shall apply to the alteration, repair, addition and change of occupancy of existing structures, including moved structures, as referenced in Section 101.5.1.

Exception:
Existing bleachers, grandstands and folding and telescopic seating shall comply with ICC 300-02.
Alterations, repairs, additions and changes of occupancy to existing structures shall comply with the provisions of this chapter or with one of the methods provided in Section 101.5.
Additions or alterations to any building or structure shall comply with the requirements of the Building Code of New York State for new construction. Additions or alterations shall not be made to an existing building or structure that will cause the existing building or structure to be in violation of any provisions of the Building Code of New York State. An existing building plus additions shall comply with the height and area provisions of the Building Code of New York State. Portions of the structure not altered and not affected by the alteration are not required to comply with the code requirements for a new structure. [B]
For buildings and structures in flood hazard areas established in Section 1612.3 of the Building Code of New York State , any additions, alterations or repairs that constitute substantial improvement of the existing structure, as defined in Section 1612.2 of the Building Code of New York State, shall comply with the flood design requirements for new construction and all aspects of the existing structure shall be brought into compliance with the requirements for new construction for flood design. [B]
Additions or alterations to an existing structure shall not increase the force in any structural element by more than 5 percent (unless the increased forces on the element are still in compliance with the code for new structures), nor shall the strength of any structural element be decreased to less than that required by the Building Code of New York State for new structures. Where repairs are made to structural elements of an existing building and uncovered structural elements are found to be unsound or otherwise structurally deficient, such elements shall be made to conform to the requirements for new structures. [B]
Where an existing structure heretofore is altered or repaired, the minimum design loads for the structure shall be the loads applicable at the time of erection, provided that public safety is not endangered thereby. [B]
If the approved live load is less than required by Section 1607 of the Building Code of New York State , the areas designed for the reduced live load shall be posted in with the approved load. Placards shall be of an approved design. [B]
Additions, alterations or modification or change of occupancy of existing buildings shall be in accordance with this section for the purposes of seismic considerations.
An addition that is structurally independent from an existing structure shall be designed and constructed with the seismic requirements for new structures. An addition that is not structurally independent from an existing structure shall be designed and constructed such that the entire structure conforms to the seismic-force-resistance requirements for new structures unless the following conditions are satisfied:
1. The addition conforms with the requirements for new structures;
2. The addition does not increase the seismic forces in any structural element of the existing structure by more than 10 percent cumulative since the original construction, unless the element has the capacity to resist the increased forces determined in accordance with ASCE 7; and
3. Additions do not decrease the seismic resistance of any structural element of the existing structure by more than 10 percent cumulative since the original construction, unless the element has the capacity to resist the forces determined in accordance with ASCE 7. If the building’s seismic base shear capacity has been increased since the original construction, the percent change in base shear may be calculated relative to the increased value.
Alterations are permitted to be made to any structure without requiring the structure to comply with Section 1613 of the Building Code of New York State , provided the alterations conform to the requirements for a new structure. Alterations that increase the seismic force in any existing structural element by more than 10 percent cumulative since the original construction or decrease the design strength of any existing structural element to resist seismic forces by more than 5 percent cumulative since the original construction shall not be permitted unless the entire seismic-force-resisting system is determined to conform to ASCE 7 for a new structure. If the building’s seismic base shear capacity has been increased since the original construction, the percent change in base shear may be calculated relative to the increased value.

Exception:
Alterations to existing structural elements or additions of new structural elements that are not required by ASCE 7 and are initiated for the purpose of increasing the strength or stiffness of the seismic-force-resisting system of an existing structure need not be designed for forces conforming to ASCE 7, provided that an engineering analysis is submitted indicating the following:
1. The design strength of existing structural elements required to resist seismic forces is not reduced.
2. The seismic force to required existing structural elements is not increased beyond their design strength.
3. New structural elements are detailed and connected to the existing structural elements as required by Chapter 16 of the Building Code of New York State.
4. New or relocated nonstructural elements are detailed and connected to existing or new structural elements as required by Chapter 16 of the Building Code of New York State.
5. The alterations do not create a structural irregularity as defined in ASCE 7 or make an existing structural irregularity more severe.
6. The alterations do not result in the creation of an unsafe condition.
Truss members and components shall not be cut, notched, drilled, spliced or otherwise altered in any way without written concurrence and approval of a registered design professional. Alterations resulting in the addition of loads to any member (e.g., HVAC equipment, water heater) shall not be permitted without verification that the truss is capable of supporting such additional loading. [B]
The building shall not be weakened by the installation of any electrical, fuel gas, mechanical or plumbing system. In the process of installing or repairing any such system, the finished floors, walls, ceilings, tile work or any other part of the building or premises that is required to be changed or replaced shall be left in a safe structural condition in accordance with the requirements of the Building Code of New York State . [B]
Nonstructural alterations or repairs to an existing building or structure are permitted to be made of the same materials of which the building or structure is constructed, provided that they do not adversely affect any structural member or the fire-resistance rating of any part of the building or structure. [B]
An alteration or the replacement of an existing stairway in an existing structure shall not be required to comply with the requirements of a new stairway as outlined in Section 1009 of the Building Code of New York State where the existing space and construction will not allow a reduction in pitch or slope. [B]
Energy conservation measures in existing buildings shall be in conformance with Section 101 of the Energy Conservation Construction Code of New York State.
Additions, alterations, renovations or repairs to electrical installations shall conform to the NFPA 70 without requiring the existing installation to comply with all of the requirements of this standard. Additions, alterations or repairs shall not cause an existing installation to become unsafe, hazardous or overloaded.

Minor additions, alterations, renovations and repairs to existing installations shall meet the provisions for new construction, unless such work is done in the same manner and arrangement as was in the existing system, is not hazardous and is approved.
Additions, alterations, renovations or repairs to fuel gas installations shall conform to the Fuel Gas Code of New York State without requiring the existing installation to comply with all of the requirements of this code. Additions, alterations or repairs shall not cause an existing installation to become unsafe, hazardous or overloaded. [FG]

Minor additions, alterations, renovations and repairs to existing installations shall meet the provisions for new construction, unless such work is done in the same manner and arrangement as was in the existing system, is not hazardous and is approved.
Additions, alterations, renovations or repairs to mechanical installations shall conform to the Mechanical Code of New York State without requiring the existing installation to comply with all of the requirements of this code. Additions, alterations or repairs shall not cause an existing installation to become unsafe, hazardous or overloaded. [M]

Minor additions, alterations, renovations and repairs to existing installations shall meet the provisions for new construction, unless such work is done in the same manner and arrangement as was in the existing system, is not hazardous and is approved.
Additions, alterations, renovations or repairs to plumbing installations shall conform to the Plumbing Code of New York State without requiring the existing installation to comply with all of the requirements of this code. Additions, alterations or repairs shall not cause an existing installation to become unsafe, hazardous or overloaded. [P]

Minor additions, alterations, renovations and repairs to existing installations shall meet the provisions for new construction, unless such work is done in the same manner and arrangement as was in the existing system, is not hazardous and is approved.
Fire escapes shall be permitted only as provided for in Sections 303.1.1 through 303.1.4.
Fire escapes shall not constitute any part of the required means of egress in new buildings.
Existing fire escapes shall be continued to be accepted as a component in the means of egress in existing buildings only.
New fire escapes for existing buildings shall be permitted only where exterior stairs cannot be utilized due to lot lines limiting stair size or due to the sidewalks, alleys or roads at grade level. New fire escapes shall not incorporate ladders or access by windows.
Fire escapes shall comply with this section and shall not constitute more than 50 percent of the required number of exits nor more than 50 percent of the required exit capacity.
Where located on the front of the building and where projecting beyond the building line, the lowest landing shall not be less than 7 feet (2134 mm) or more than 12 feet (3658 mm) above grade, and shall be equipped with a counterbalanced stairway to the street. In alleyways and thoroughfares less than 30 feet (9144 mm) wide, the clearance under the lowest landing shall not be less than 12 feet (3658 mm).
The fire escape shall be designed to support a live load of 100 pounds per square foot (4788 Pa) and shall be constructed of steel or other approved noncombustible materials. Fire escapes constructed of wood not less than nominal 2 inches (51 mm) thick are permitted on buildings of Type V construction. Walkways and railings located over or supported by combustible roofs in buildings of Type III and IV construction are permitted to be of wood not less than nominal 2 inches (51 mm) thick.
Stairs shall be at least 22 inches (559 mm) wide with risers not more than, and treads not less than, 8 inches (203 mm) and landings at the foot of stairs not less than 40 inches (1016 mm) wide by 36 inches (914 mm) long, located not more than 8 inches (203 mm) below the door.
Doors and windows along the fire escape shall be protected with 3/4-hour opening protectives.
The installation or replacement of glass shall be as required for new installations.
No change shall be made in the use or occupancy of any building that would place the building in a different division of the same group of occupancy or in a different group of occupancies, unless such building is made to comply with the requirements of the Building Code of New York State for such division or group of occupancy. Subject to the approval of the building official, the use or occupancy of existing buildings shall be permitted to be changed and the building is allowed to be occupied for purposes in other groups without conforming to all the requirements of the Building Code of New York State for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use. [B]
Existing stairways in an existing structure shall not be required to comply with the requirements of a new stairway as outlined in Section 1009 of the Building Code of New York State where the existing space and construction will not allow a reduction in pitch or slope. [B]
When a change of occupancy results in a structure being reclassified to a higher occupancy category, the structure shall conform to the seismic requirements for a new structure.

Exceptions:


1. Specific seismic detailing requirements of this code or ASCE 7 for a new structure shall not be required to be met where it can be shown that the level of performance and seismic safety is equivalent to that of a new structure. Such analysis shall consider the regularity, overstrength, redundancy and ductility of the structure within the context of the existing and retrofit (if any) detailing provided.
2. When a change of use results in a structure being reclassified from Occupancy Category I or II to Occupancy Category III and the structure is located in a seismic area map are where SDS < 0.33, compliance with the seismic requirements of this code and ASCE 7 are not required.
It shall be unlawful to make a change in the occupancy of a structure that will subject the structure to the special provisions of the NFPA 70 applicable to the new occupancy without approval.
It shall be unlawful to make a change in the occupancy of a structure that will subject the structure to the special provisions of the Fuel Gas Code of New York State applicable to the new occupancy without approval. [FG]
It shall be unlawful to make a change in the occupancy of a structure that will subject the structure to the special provisions of the Mechanical Code of New York State applicable to the new occupancy without approval. [M]
It shall be unlawful to make a change in the occupancy of a structure that will subject the structure to the special provisions of the Plumbing Code of New York State applicable to the new occupancy without approval. [P]
Historic buildings shall comply with the provisions of Chapter 11.
Structures moved into or within the jurisdiction shall comply with the provisions of the Building Code of New York State for new structures.
The provisions of Sections 308.1 through 308.12 apply to maintenance, change of occupancy, additions and alterations to existing buildings, including those identified as historic buildings.

Exception:
Type B dwelling or sleeping units required by Section 1107 of the Building Code of New York State are not required to be provided in existing buildings and facilities.
A building, facility or element that is constructed or altered to be accessible shall be maintained accessible during occupancy.
An alteration of an existing element, space or area of a building or facility shall not impose a requirement for greater accessibility than that which would be required for new construction.

Alterations shall not reduce or have the effect of reducing accessibility of a building, portion of a building or facility.
Existing buildings or portions thereof that undergo a change of group or occupancy shall have all of the following accessible features:

1. At least one accessible building entrance.
2. At least one accessible route from an accessible building entrance to primary function areas.
3. Signage complying with Section 1110 of the Building Code of New York State.
4. Accessible parking, where parking is being provided.
5. At least one accessible passenger loading zone, when loading zones are provided.
6. At least one accessible route connecting accessible parking and accessible passenger loading zones to an accessible entrance.

Where it is technically infeasible to comply with the new construction standards for any of these requirements for a change of group or occupancy, the above items shall conform to the requirements to the maximum extent that is technically feasible. Change of group or occupancy that incorporates any alterations or additions shall comply with this section and Sections 308.5, 308.6, 308.7 and 308.8.
Provisions for new construction shall apply to additions. An addition that affects the accessibility to a, or contains an area of, primary function shall comply with the requirements in Section 308.7.
A building, facility or element that is altered shall comply with the applicable provisions in Chapter 11 of the Building Code of New York State and ICC/ANSI A117.1, unless technically infeasible. Where compliance with this section is technically infeasible, the alteration shall provide access to the maximum extent that is technically feasible.

Exceptions:


1. The altered element or space is not required to be on an accessible route, unless required by Section 308.7.
2. Accessible means of egress required by Chapter 10 of the Building Code of New York State are not required to be provided in existing buildings and facilities.
3. The alteration to Type A individually owned dwelling units within a Group R-2 occupancy shall meet the provision for a Type B dwelling unit and shall comply with the applicable provisions in Chapter 11 of the Building Code of New York State and ICC/ANSI A117.1.
Where an alteration affects the accessibility to a, or contains an area of, primary function, the route to the primary function area shall be accessible. The accessible route to the primary function area shall include toilet facilities or drinking fountains serving the area of primary function.

Exceptions:


1. The costs of providing the accessible route are not required to exceed 20 percent of the costs of the alterations affecting the area of primary function.
2. This provision does not apply to alterations limited solely to windows, hardware, operating controls, electrical outlets and signs.
3. This provision does not apply to alterations limited solely to mechanical systems, electrical systems, installation or alteration of fire protection systems and abatement of hazardous materials.
4. This provision does not apply to alterations undertaken for the primary purpose of increasing the accessibility of an existing building, facility or element.
The provisions of Sections 308.8.1 through 308.8.12 shall apply to alterations to existing buildings and facilities.
Accessible entrances shall be provided in accordance with Section 1105 of the Building Code of New York State .

Exception:
Where an alteration includes alterations to an entrance, and the building or facility has an accessible entrance, the altered entrance is not required to be accessible, unless required by Section 308.7. Signs complying with Section 1110 of the Building Code of New York State shall be provided.
Altered elements of existing elevators shall comply with ASME A17.1 and ICC/ANSI A117.1. Such elements shall also be altered in elevators programmed to respond to the same hall call control as the altered elevator.
Platform (wheelchair) lifts complying with ICC/ANSI A117.1 and installed in accordance with ASME A18.1 shall be permitted as a component of an accessible route.
In alterations where an escalator or stair is added where none existed previously, an accessible route shall be provided in accordance with Sections 1104.4 and 1104.5 of the Building Code of New York State .
Where steeper slopes than allowed by Section 1010.2 of the Building Code of New York State are necessitated by space limitations, the slope of ramps in or providing access to existing buildings or facilities shall comply with Table 308.8.5.

TABLE 308.8.5
RAMPS

SLOPE MAXIMUM RISE
Steeper than 1:10 but not steeper than 1:8 3 inches
Steeper than 1:12 but not steeper than 1:10 6 inches


For SI: 1 inch = 25.4 mm
Where it is technically infeasible to alter performance areas to be on an accessible route, at least one of each type of performance area shall be made accessible.
Where Group I-1, I-2, I-3, R-1, R-2 or R-4 dwelling or sleeping units are being altered or added, the requirements of Section 1107 of the Building Code of New York State for Accessible or Type A units and Chapter 9 of the Building Code of New York State for accessible alarms apply only to the quantity of spaces being altered or added.
In alterations, accessible wheelchair spaces are not required to be located within the defined area of raised jury boxes or witness stands and shall be permitted to be located outside these spaces where the ramp or lift access restricts or projects into the means of egress.
Where it is technically infeasible to alter existing toilet and bathing facilities to be accessible, an accessible unisex toilet or bathing facility is permitted. The unisex facility shall be located on the same floor and in the same area as the existing facilities.
Where it is technically infeasible to provide accessible dressing, fitting or locker rooms at the same location as similar types of rooms, one accessible room on the same level shall be provided. Where separate-sex facilities are provided, accessible rooms for each sex shall be provided. Separate-sex facilities are not required where only unisex rooms are provided.
Where check-out aisles are altered, at least one of each check-out aisle serving each function shall be made accessible until the number of accessible check-out aisles complies with Section 1109.12.2 of the Building Code of New York State .
The maximum height of thresholds at doorways shall be 3 / 4 inch (19.1 mm). Such thresholds shall have beveled edges on each side.
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