Part I ‒ Administration

Chapter 1 Administration

Part II ‒ Definitions

Chapter 2 Definitions

Part III ‒ Building Planning and Construction

Chapter 3 Building Planning

Chapter 4 Foundations

Chapter 5 Floors

Chapter 6 Wall Construction

Chapter 7 Wall Covering

Chapter 8 Roof-Ceiling Construction

Chapter 9 Roof Assemblies

Chapter 10 Chimneys and Fireplaces

Part IV ‒ Energy Conservation

Chapter 11 Energy Efficiency

Part V ‒ Mechanical

Chapter 12 Mechanical Administration

Chapter 13 General Mechanical System Requirements

Chapter 14 Heating and Cooling Equipment

Chapter 15 Exhaust Systems

Chapter 16 Duct Systems

Chapter 17 Combustion Air

Chapter 18 Chimneys and Vents

Chapter 19 Special Fuel-Burning Equipment

Chapter 20 Boilers and Water Heaters

Chapter 21 Hydronic Piping

Chapter 22 Special Piping and Storage Systems

Chapter 23 Solar Systems

Part VI ‒ Fuel Gas

Chapter 24 Fuel Gas

Part VII ‒ Plumbing

Chapter 25 Plumbing Administration

Chapter 26 General Plumbing Requirements

Chapter 27 Plumbing Fixtures

Chapter 28 Water Heaters

Chapter 29 Water Supply and Distribution

Chapter 30 Sanitary Drainage

Chapter 31 Vents

Chapter 32 Traps

Part VIII ‒ Electrical

Chapter 33 General Requirements

Chapter 34 Electrical Definitions

Chapter 35 Services

Chapter 36 Branch Circuit and Feeder Requirements

Chapter 37 Wiring Methods

Chapter 38 Power and Lighting Distribution

Chapter 39 Devices and Luminaires

Chapter 40 Appliance Installation

Chapter 41 Swimming Pools

Chapter 42 Class 2 Remote-Control‚ Signaling and Power-Limited Circuits

Part IX ‒ Referenced Standards

Chapter 43 Referenced Standards

Appendix A Sizing and Capacities of Gas Piping

Appendix B Sizing of Venting Systems Serving Appliances Equipped With Draft Hoods

Appendix C Plumbing Sanitary Drainage Fittings

Appendix D Recommended Procedure for Safety Inspection of an Existing Appliance Installation

Appendix E Manufactured Housing Used as Dwellings

Appendix F Reserved

Appendix G Swimming Pools‚ Spas and Hot Tubs

Appendix H Patio Covers

Appendix I Reserved

Appendix J Existing Buildings and Structures

Appendix K Sound Transmission

Appendix L Reserved

Appendix M Reserved

Appendix N Structural Safety

Appendix O Reserved

Appendix P Reserved

Appendix Q Reserved

The provisions of this appendix 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 Residential Code of New York State, the Building Code of New York State , the Plumbing Code of New York State , the Mechanical Code of New York State , the Fuel Gas Code of New York State and the Fire Code of New York State , as applicable, shall be considered in compliance with the provisions of this appendix.
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 the Residential Code of New York State. Compliance with these provisions shall be deemed to meet the requirements of the Residential Code of New York State.
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.
1. The home occupation shall meet all requirements for habitable space and shall not exceed 15 percent of the floor area of the primary structure.
2. No more than one person not residing in the dwelling unit may be employed in the home occupation.
3. Inventory and supplies shall not occupy more than 50 percent of the area permitted to be used as a home occupation.
4. The home occupation shall not involve any operation considered to be hazardous.
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 and substantial renovations shall conform with Sections N1101.3.1 and N1101.3.2.
The code enforcement official is authorized to require that the prospective applicant meet to discuss plans for the proposed work or change of occupancy under these provisions prior to the issuance of a permit in order to establish the specific applicability of the provisions of this appendix.
The code enforcement official is authorized 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 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 utilize the following sources of information, as applicable:

1. Available documentation of the existing building.
1.1. Field surveys.
1.2. Tests (nondestructive and destructive).
1.3. Laboratory analysis.
For purposes of this appendix, the terms used shall be 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.

BED AND BREAKFAST DWELLING.
Owner-occupied residence, resulting from the conversion of a one-family dwelling, used for providing overnight accommodations and a morning meal to not more than 10 transient lodgers, and containing not more than five bedrooms for such lodgers.

CHANGE OF OCCUPANCY.
A change in the character or use of an existing 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:

1. 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.
2. Any portion, member or appurtenance thereof likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons.
3. 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.
4. The building, or any portion thereof, is likely to collapse partially or completely because of dilapidation, deterioration or decay; construction in violation of the New York State Uniform Fire Prevention and Building 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.
5. 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.
EQUIPMENT OR FIXTURE. Any plumbing, heating, electrical, ventilating, air conditioning, refrigerating and fire protection equipment, and elevators, dumb waiters, boilers, pressure vessels, and other mechanical facilities or installations that are related to building services.

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:

1. The area within a flood plain subject to a 1-percent or greater chance of flooding in any year.
2. The area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.
HISTORIC BUILDING. Any building or structure that is listed in the State or National Register of Historic Places; designated as a historic property under local or state designation law or survey; certified as a contributing resource within a National Register listed or locally designated historic district; or with an opinion or certification that the property is eligible to be listed on the National or State Registers of Historic Places either individually or as a contributing building to a historic district by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places.

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.

REHABILITATION.
Any work, as described by the categories of work defined herein, 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 to good or sound condition of any part of an existing building for the purpose of its maintenance.

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:

1. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the code official and that is the minimum necessary to assure safe living conditions, or
2. Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure.
SUBSTANTIAL STRUCTURAL DAMAGE. A condition where:

1. In any story, the vertical elements of the lateral-force-resisting 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 pre-damaged condition, or
2. 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.
UNSAFE BUILDINGS OR EQUIPMENT. Buildings or existing equipment that is insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitutes a fire hazard, or that is otherwise dangerous to human life or the public welfare or that involves illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition.

WORK AREA.
That portion or portions of a building consisting of all reconfigured spaces as indicated on the construction documents. 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 AJ202, shall be identified on the construction documents.
Repairs, as defined in Section AJ202, 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 AJ4.
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 AJ5.
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 AJ5 for Level 1 alterations as well as the provisions of Section AJ6.

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 AJ202.
Changes of occupancy shall comply with the provisions of Section AJ7.
Provisions for additions shall apply where work is classified as an addition as defined in Section AJ202.
Additions to existing buildings shall comply with the provisions of Section AJ8.
Historic buildings provisions shall apply to buildings classified as historic as defined in Section AJ202.
Except as specifically provided for in Section AJ9, historic buildings shall comply with applicable provisions of this appendix for the type of work being performed.
Relocated buildings provisions shall apply to relocated buildings as defined in Section AJ202.
Relocated buildings shall comply with the provisions of Section AJ10.
Replaced buildings provisions shall apply to replaced buildings as defined in Section AJ202.
Replaced buildings shall comply with the provisions of Section AJ11.
Repairs as described in Section AJ302 shall comply with the requirements of this section. Repairs to historic buildings shall comply with this section, except as modified in Section AJ9.
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.
In flood hazard areas, repairs that constitute substantial improvement shall require that the building comply with Section R323 of this code.
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.

Exceptions:


1. Glass block walls, louvered windows, and jalousies repaired with like materials.
2. Replacement glazing in historic buildings.
Existing roof assemblies undergoing repair shall comply with the applicable requirements of Section AJ502.4 of this appendix.
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 and hard wired.

Exceptions:


1. Repairs to the exterior surfaces of dwellings are exempt from the requirements of this section.
2. Except for 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 to a carbon monoxide source 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 and carbon monoxide detectors may be battery operated, cord-type or direct plug when installed in buildings without an electrical power source, or in buildings where existing interior wall or ceiling finishes are not removed to expose the structure.
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 code 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 AJ202 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 AJ202. New structural frame members shall comply with Section AJ404.3.1.
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 AJ404.3.2.1.1.
In flood hazard areas, damaged buildings that sustain substantial damage shall be brought into compliance with Section R323 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.
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:

1. All-purpose solvent cement, unless listed for the specific application;
2. Flexible traps and tailpieces, unless listed for the specific application; and
3. Solder having more than 0.2-percent lead in the repair of potable water systems.
When any water closet is replaced, the replacement water closet shall comply with Section P2903.2.
Existing electrical wiring and equipment undergoing repair shall be allowed to be repaired or replaced with like material.

Exceptions:


1. Replacement of electrical receptacles shall comply with the applicable requirements of Chapter 38 of this code.
2. 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 Section E3605 of this code.
3. 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 Chapter 35 of this code.
4. 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 Chapter 35 of this code.
Level 1 alterations as described in Section AJ303 shall comply with the requirements of this section. Level 1 alterations to historic buildings shall comply with this section, except as modified in Section AJ9.
Level 1 alterations as described in Section AJ303 shall comply with the requirements of this section. Level 1 alterations to historic buildings shall comply with this section, except as modified in Section AJ9.
In flood hazard areas, alterations that constitute substantial improvement shall require that the building comply with Section R323 of this code.
All newly installed interior finishes shall comply with the flame spread and smoke density requirements of Section R319 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.
Where alteration work includes recovering or replacing an existing roof covering, the provisions of this section shall apply.
Materials and methods of application used for recovering or replacing an existing roof covering shall comply with the requirements of Chapter 9.

Exception:
Reroofing shall not be required to meet the minimum design slope requirement of one-quarter unit vertical in 12 units horizontal (2 percent slope) in Section R905 for roofs that provide positive roof drainage.
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.
New roof coverings shall not be installed without first removing existing roof coverings where any of the following conditions occur:
1. Where the existing roof or roof covering is water-soaked or has deteriorated to the point that the existing roof or roof covering is not adequate as a base for additional roofing.
2. Where the existing roof covering is wood shake or shingle, slate, clay, cement or asbestos-cement tile.
3. Where the existing roof has two or more applications of any type of roof covering.
4. For asphalt shingles, when the building is located in an area subject to moderate or severe hail exposure according to Figure R903.5.

Exceptions:
1. Complete and separate roofing systems, such as standing-seam metal roof systems, that are designed to transmit the roof loads directly to the building’s structural system and that do not rely on existing roofs and roof coverings for support shall not require the removal of existing roof coverings.
2. Installation of metal panel, metal shingle, and concrete and clay tile roof coverings over existing wood shake or shingle roofs shall be permitted when the application is in accordance with Section J502.4.4.
3. The application of new protective coating over existing spray polyurethane foam roofing systems shall be permitted without tear-off of existing roof coverings.
Where the application of a new roof covering over wood shingle or shake roofs creates a combustible concealed space, the entire existing surface shall be covered with gypsum board, mineral fiber, or glass fiber securely fastened in place.
Existing slate, clay or cement tile shall be permitted for reinstallation, except that damaged, cracked or broken slate or tile shall not be reinstalled. Existing vent flashing, metal edgings, drain outlets, collars and metal counterflashings shall not be reinstalled where rusted, damaged or deteriorated. Aggregate surfacing materials shall not be reinstalled.
Flashings shall be reconstructed in accordance with approved manufacturer’s installation instructions. Metal flashing to which bituminous materials are to be adhered shall be primed prior to installation
Means of egress for buildings undergoing alteration shall comply with the requirements 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.
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 and hard wired.

Exception:
Except for 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 Level 1 alterations 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 and carbon monoxide detectors may be battery operated, cord-type or direct plug when installed in buildings without an electrical power source, or in buildings where existing interior wall or ceiling finishes are not removed to expose the structure.
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 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:

1. All-purpose solvent cement, unless listed for the specific application;
2. Flexible traps and tailpieces, unless listed for the specific application; and
3. Solder having more than 0.2-percent lead in the repair of potable water systems.
When any water closet is replaced, the replacement water closet shall comply with Section P2903.2.
Any alteration to an existing electrical system shall be made in conformity with the provisions of Chapter E33 through Chapter E42.
Level 2 alterations as described in Section AJ304 shall comply with the requirements of this section. Level 2 alterations to historic buildings shall comply with this section, except as modified in Section AJ9. 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 AJ5.
All newly constructed elements, components, systems and spaces shall comply with the requirements of this code.

Exceptions:


1. Space created in basements may have a ceiling that projects to within 6 feet 8 inches of the finished floor; and beams, girders and ducts in such space or other obstructions may project to within 6 feet 4 inches of the finished floor. Existing finished ceiling heights in spaces in basements shall not be reduced.
2. Existing stairs not otherwise being altered shall be permitted to maintain their current clear width at, above, and below existing handrails.
3. Existing stairs not otherwise being altered shall be permitted to maintain their current riser heights and tread depths.
4. 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.
5. 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 R323 of this code.
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 thewall 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 R315. 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 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 R311.4.
Every stairway having four or more risers from a work area floor shall be provided with handrails designed and installed in accordance with Section R311.5.6.
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 and hard wired.

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.
When level 2 alterations 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 and carbon monoxide detectors may be battery operated, cord-type or direct plug when installed in buildings without an electrical power source, or in buildings where existing interior wall or ceiling finishes are not removed to expose the structure.
A third story above grade may be created in an existing attic without requiring the installation of a sprinkler system throughout the entire dwelling, provided all of the following conditions are met:

1. The building was legally occupied before January 1, 1984.
2. The finished space and its means of egress to the exterior are equipped with a limited area sprinkler system installed in accordance with NFPA 13D.
3. The finished space is provided with:
3.1 A second exit stair meeting the requirements of Section R311.5, or
3.2 An emergency escape and rescue opening, meeting the requirements of Section R310, located directly above a roof or other structural appurtenance from which access to grade does not exceed a vertical distance of 14 feet.
4. The entire dwelling is equipped with smoke alarms in compliance with Section R313 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 M1506 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, insanitary 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 32.
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 33 through 42.
Where alterations subject portions of existing electrical systems to increased loads, such portions shall be made to comply with Chapter 33 through Chapter 42.
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 E3305.
Ground-fault and arc-fault circuit-interrupter protection shall be provided on newly installed receptacle outlets as required by Section E3802.
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.
All enclosed areas other than closets, kitchens, basements, garages, hallways, laundry areas and bathrooms shall have a minimum of two duplex receptacle outlets, or one duplex receptacle outlet and one ceiling or wall type lighting outlet.
Kitchen areas shall have a minimum of two duplex receptacle outlets. Laundry areas shall have a minimum of one duplex receptacle outlet located near the laundry equipment and installed on an independent circuit.
At least one lighting outlet shall be provided in every bathroom, hallway, stairway, attached garage and detached garage with electric power to illuminate outdoor entrances and exits, and in utility rooms and basements where these spaces are used for storage or contain equipment requiring service.
Where the character or use of an existing building is changed, as described in Section AJ305, to a one- or two-family dwelling or multiple single-family dwellings (townhouses) not more than three stories 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 AJ5 or AJ6 as applicable. Changes of occupancy to historic buildings shall comply with this section, except as modified in Section AJ9. Owner-occupied one-family dwellings converted for use as a Bed and Breakfast Dwellings shall also comply with Section AJ704.
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 two-family dwelling to a one-family dwelling; smoke alarms and carbon monoxide alarms shall be provided as required in Section AJ703.
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:

1. The product obtained by multiplying the height of the riser by the width of the tread shall be not less than 70 nor more than 80. Riser height shall not exceed 9 inches.
2. Stairs shall have minimum headroom of 6 feet 6 inches, except that stairs for occasional use to basements and attics are permitted to have a minimum headroom of 6 feet 4 inches.
3. Variations in riser height in a run of stairs shall not exceed 3/8 inch.
4. Width shall be not less than 30 inches.
Existing ceiling heights shall be permitted to remain if they equal or exceed the following:

1. Habitable space shall have a ceiling height of not less than 6 feet 8 inches, measured from the finished floor to the lowest projection from the ceiling.
2. Space, other than habitable, shall have a ceiling height of not less than 6 feet 6 inches, 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 a newstructures 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.
Smoke alarms, located as required for new dwellings, shall be provided; the smoke alarms shall be interconnected and hard wired.

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 the character or use of an existing building is changed, carbon monoxide alarms shall be provided as required for new dwellings.

Exception:
In other than bed and breakfast dwellings, carbon monoxide alarms and carbon monoxide detectors may be battery operated, cord-type or direct plug when installed in buildings without an electrical power source, or in buildings where existing interior wall or ceiling finishes are not removed to expose the structure.
Additions as described in Section AJ306 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 AJ3.
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 and hard wired.

Exceptions:


1. Exterior additions to dwellings, such as decks, are exempt from the requirements of this section.
2. 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 additions requiring a permit occur, carbon monoxide alarms shall be provided as required for new dwellings.

Exceptions:


1. Exterior additions to dwellings, such as decks, are exempt from the requirements of this section.
2. In other than bed and breakfast dwellings, carbon monoxide alarms and carbon monoxide detectors may be battery operated, cord-type or direct plug when installed in buildings without an electrical power source, or in buildings where existing interior wall or ceiling finishes are not removed to expose the structure.
Whenever a vertical addition is made to a building to create a third story above grade, or when the floor area of a legally existing third story is increased more than 10 percent, the building shall be equipped throughout with an automatic sprinkler system installed in accordance with NFPA 13D.
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:

1. For horizontal additions that are structurally interconnected to the existing building:
1.1. If the addition and all other proposed work, when combined, constitute substantial improvement, the existing building and the addition shall comply with Section R323 of this code.
1.2. If the addition constitutes substantial improvement, the existing building and the addition shall comply with Section R323.
2. For horizontal additions that are not structurally interconnected to the existing building:
2.1. The addition shall comply with Section R323.
2.2. If the addition and all other proposed work, when combined, constitute substantial improvement, the existing building and the addition shall comply with Section R323.
3. For vertical additions and all other proposed work that, when combined, constitute substantial improvement, the existing building shall comply with Section R323.
4. 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 R323.
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.
Additions 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. Additions shall not cause an existing system to become unsafe, insanitary 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.
Any addition to an existing electrical system shall be made in conformity with the provisions of Chapters 33 through 42. Where additions subject portions of existing systems to loads exceeding those permitted herein, such portions shall be made to comply with Chapters 33 through 42.
It is the intent of this section to provide means for the preservation of historic buildings. Historical buildings as described in Section AJ307 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 code enforcement official by a registered design professional when such a report is necessary in the opinion of the code 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 R323.

Exception:
If a historic building will continue to be a historic building after the proposedwork is completed, then the proposedwork 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 newdwellings, shall be provided; the smoke alarms shall be interconnected and hard wired.

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.
Carbon monoxide alarms shall be provided as required for new dwellings.

Exception:
In other than bed and breakfast dwellings, carbon monoxide alarms and carbon monoxide detectors may be battery operated, cord-type or direct plug when installed in buildings without an electrical power source, or in buildings where existing interior wall or ceiling finishes are not removed to expose the structure. At least one carbon monoxide alarm shall be provided in each dwelling unit in compliance with Section R313.4.
Existing door openings and corridor and stairway widths less than those specified elsewhere in this code may be approved, provided that there is sufficient width and height for a person to pass through the opening or traverse the corridor or stairway.
The existing finishes of walls and ceilings shall be accepted when it is demonstrated that they are the historic finishes.
Where fire-resistance-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.
Stairways shall be accepted without complying with the handrail and guard requirements. Existing handrails and guards at all stairs shall be permitted to remain, provided they are not structurally dangerous.
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 AJ3.

Exception:
The code official shall be authorized to accept existing floors and approve operational controls that limit the live load on any such floor.
Where the code 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 AJ4.

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 AJ303 shall comply with the applicable provisions of Section.AJ5, except as specifically permitted in Section AJ9.
Historic buildings undergoing Level 2 alterations as described in Section AJ303 shall comply with the applicable provisions of Section.AJ6, except as specifically permitted in Section AJ9.
Historic buildings undergoing a change of occupancy shall comply with the applicable provisions of Section AJ7, except as specifically permitted in this Section.
Historic structures undergoing a change of use 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 code 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 AJ3, except as specifically permitted in Section AJ9.
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 AJ308 shall comply with this section. Relocated or moved historic buildings shall comply with Section AJ9.
The building shall comply with the provisions of the Fire Code of New York State and the Property Maintenance Code of NewYork 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 R323.
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 and hard wired.

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.
At least one carbon monoxide alarm shall be provided in each dwelling unit in compliance with Section R313.4.

Exception:
In other than bed and breakfast dwellings, carbon monoxide alarms and carbon monoxide detectors may be battery operated, cord-type or direct plug when installed in buildings without an electrical power source, or in buildings where existing interior wall or ceiling finishes are not removed to expose the structure.
The code 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 code 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:


1. Detached one- and two-family dwellings where wind loads at the new location are not higher than those at the previous location.
2. 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:


1. Where the seismic loads at the new location are not higher than those at the previous location.
2. 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 newlocation are higher than those at the previous location.

Exception:
Structural elements whose stress is not increased by more than 5 percent.


Scope.
Buildings that are replaced as described in Section AJ309 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.
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