Heads up: There are no amended sections in this chapter.
This code shall be known and may be cited as the "New York City Building Code," "NYCBC" or "BC". All section numbers in this code shall be deemed to be preceded by the designation "BC".
The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.
The provisions of the New York City Fuel Gas Code shall apply to the installation of gas piping, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.
The provisions of the New York City Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.
The provisions of the New York City Fire Code shall apply to:
1. The manufacturing, storage, handling, use, sale and transportation of hazardous materials, except for the installation of storage tanks and auxiliary storage tanks for oil-burning equipment;
2. The design, installation, operation and maintenance of devices, equipment and systems designed to prevent, mitigate, control and extinguish fire, explosions or other life safety hazards;
3. Emergency preparedness and planning, including the orderly evacuation of occupants of a building, structure or premises in the event of fire, explosion, biological, chemical or hazardous material incident or release, natural disaster or other emergency, or the threat thereof;
4. The prevention, mitigation and control of hazards to firefighters and emergency responders during emergency operations; and
5. The operation and maintenance of any manual, automatic or other fire alarm or fire extinguishing device, equipment or system.
*Section BC 101.4.5 was amended by: Local Law 26 of 2008. This law has an effective date of July 1, 2008.
Where, in any specific case, different sections of this code 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.
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 and in the rules of the department 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. Refer to Article 103 of Chapter 1 of Title 28 of the Administrative Code for additional provisions relating to referenced standards.
In the event that 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 existing structure shall be permitted to continue without change, except as is otherwise specifically provided or as is deemed necessary by the commissioner for the general safety and welfare of the occupants and the public. Refer to Chapter 1 of Title 28 of the Administrative Code for additional provisions relating to existing structures.
The commissioner shall have the authority to render interpretations and to adopt rules establishing policies, and procedures to clarify and implement the provisions of this code. Such interpretations and rules shall be in compliance with the intent and purpose of this code. Refer to the New York City Charter and Chapter 1 of Title 28 of the Administrative Code for additional provisions relating to the authority of the Commissioner of Buildings.
Any owner or authorized agent who intends to construct, add to, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, add to, alter, repair, remove, convert or replace any gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application for construction document approval in accordance with Chapter 1 of Title 28 of the Administrative Code and this chapter and obtain the required permit.
The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other law. Permits presuming to give authority to violate or cancel the provisions of this code or other law shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the commissioner from requiring the correction of errors in the construction documents and other data. The commissioner is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other law.
In addition to the requirements of Chapter 1 of Title 28 of the Administrative Code and Chapter 33 of this code, applications for foundation and earthwork permits shall include:
- Notice to adjoining owners. Proof of notice to adjoining owners as required by Section 3304.3.2.
- Liens. Satisfactory evidence that the property is free from any lien for unpaid city taxes, assessments, water rates, bail bonds, or judgments obtained by the city, together with consent in writing of the mortgagee, if there is a mortgage upon the property, and the consent in writing of the surrogate's court or supreme court, if the owner of the property is a minor or incompetent.
In addition to the requirements of Chapter 1 of Title 28 of the Administrative Code and Chapter 33 of this code, applications for full demolition permits shall include:
- Utility certifications. Certifications by the respective utility companies or governmental agencies having jurisdiction that all gas, electric, water, steam and other service lines to the building have been disconnected as required by Section 3306.9.1.
- Notice to adjoining owners. Proof of notice to adjoining owners as required by Section 3306.3.2.
- Certification of rodent extermination. Certification in accordance with department rules that the building has been treated effectively for rodent extermination as required by Section 3306.9.13.
The issuance of a permit for the erection, alteration or installation of a sign or sign structure issued pursuant to this code shall not be deemed to constitute permission or authorization to maintain a sign that would otherwise be illegal without a maintenance permit for an outdoor sign if required pursuant to this code and department rule or that is otherwise illegal pursuant to any other provision of law nor shall any permit issued hereunder constitute a defense in an action or proceeding with respect to such an unlawful sign.
The application shall contain the name and business address of the licensed sign hanger who is to perform or supervise the proposed work.
The need for each specific item of construction equipment shall be stated on the application.
Notwithstanding any other provision of this code, the term of a construction equipment permit shall be one year, or the expiration of the contractor's insurance or the street obstruction bond, if such time period is less than one year and shall be renewable. The permit must be in effect at all times during which the equipment is at the work site.
An application for the renewal of a construction equipment permit for a sidewalk shed used in connection with the alteration of a building shall be accompanied by a report, acceptable to the department, prepared by a registered design professional who has examined that part of the premises on which the work requiring the use of a sidewalk shed is being performed. Such report shall document the condition of the applicable part of the premises and the scope of work that has been performed thereon since the issuance of the permit and shall provide an estimate of the additional time needed to complete the work.
Administrative Code. In addition to the requirements of Chapter 1 of Title 28, an applicant for a permit who is required pursuant to Section 24-526 of the Administrative Code to construct or repair defects in sewers or catch basins that lie outside the property shall submit certification from the Department of Environmental Protection that the applicant or owner has provided the Department of Environmental Protection with:
- A performance bond or other security satisfactory to the Department of Environmental Protection and approved as to form by the Law Department for the full cost, as estimated by the Department of Environmental Protection, of constructing the part of the storm water drainage system for such property which shall lie outside the property line and repairing defects in such construction, if and as required by Section 24-526 of the Administrative Code;
- Any license or other written instrument that the Department of Environmental Protection or the Law Department may reasonably request that gives the Department of Environmental Protection, its agents and contractors and the surety for a performance bond described in Item 1 above the legal right to enter private property to perform the work described in Item 1 above, pursuant to the terms of the performance bond or in accordance with the conditions of acceptance of other security described in Item 1 above, and the legal right to connect to, to extend or to discharge storm water into any private sewer authorized as a point of disposal pursuant to Section 24-526 of the Administrative Code, in the event that the owner of property fails to do so, if and as required pursuant to Section 24-526 of the Administrative Code;
- Insurance of a kind and in an amount that the Department of Environmental Protection and the Law Department deem satisfactory to insure the city fully for all risks of loss, damage to property or injury to or death of persons to whomever occurring, arising out of or in connection with the performance of all work described in this section.
Composite plans showing architectural, structural, and mechanical parts and related energy use systems of a building may be submitted provided that a clear understanding of each part and system is not impaired.
*Section BC 106.2.1 was amended by: Local Law 1 of 2011. This law has an effective date of Dec. 28, 2010.
The lot diagram shall show compliance with the New York City Zoning Resolution, indicating: the size, height, and location of the proposed construction including parking and curb cuts; all existing structures on the zoning lot and their distances from lot and street lines; the established grade and existing curb elevations; and the proposed final grade elevations of the site shown by contours or spot grades at reasonable intervals. The lot diagram shall be drawn in accordance with an accurate boundary survey to the city datum, made by a land surveyor, which shall be attached to and form part of the application. A complete zoning analysis shall accompany the lot diagram with citation to the relevant sections of the New York City Zoning Resolution.
The statement shall identify:
- The occupancy group or groups that apply to parts of the building in accordance with Section 302;
- The occupancy group of the main use or dominant occupancy of the building;
- The construction class of the building in accordance with Section 602;
- The Structural Occupancy Category in accordance with Table 1604.5;
- The height of the building as defined in Section 502.1;
- The applicable measurements to the highest and lowest level of Fire Department access;
- Whether the building is inside or outside of the fire districts; and
- For multiple dwellings, the multiple dwelling classification as established by the New York State Multiple Dwelling Law.
Floor and roof plans shall show compliance with the requirements of Chapter 10, with sufficient notations indicating egress features and complete egress analysis as required by this code.
Construction documents for all buildings shall provide detailed drawings of all architectural elements of the building showing compliance with the code, including but not limited to doors, windows and interior finish schedules, details necessary to substantiate all required fire-protection characteristics, details demonstrating compliance with the New York City Energy Conservation Code and details demonstrating compliance with all accessibility requirements of this code. Site safety features shall be shown where applicable. Plans shall also provide details of the exterior wall envelope as required, including but not limited to flashing, insulation, vapor retarder, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings.
Exception: Where a curtain wall system is to be employed containing elements that are normally detailed on shop or working drawings, approval of construction documents shall be conditioned upon deferred submittal of such shop or working drawings showing the approval of the registered design professional who prepared the architectural construction documents, or of a signed statement by such registered design professional that such drawings were prepared to his or her satisfaction. In such cases, submittal of construction documents showing compliance with the New York City Energy Conservation Code related to such curtain wall may also be deferred. Such deferred submittal of construction documents must demonstrate that the estimated annual energy use for the envelope in the energy analysis submitted as part of the initial filing is not exceeded.
*Section BC 106.6 was amended by: Local Law 85 of 2009. This law has an effective date of July 1, 2010.
Structural plans shall include the data and information described in this section and in Chapter 16.
- Where structural elements are normally detailed on shop or working drawings, approval of construction documents shall be conditioned upon deferred submittal of such shop or working drawings showing the approval of the registered design professional who prepared the structural construction documents, or of a signed statement by such registered design professional that such drawings were prepared to his or her satisfaction.
- In cases where the detailing of structural elements has been made on the basis of fire-resistance ratings, load tables, or similar data as given in manufacturer's catalogues, approval of construction documents shall be conditional upon submission of a manufacturer's designation attesting to the accuracy of the data and indicating that such data were derived in conformance with the provisions of this code. Where the detailing of structural elements has been made on the basis of data published in technical documents of recognized authority issued or accredited by the agency or association promulgating the applicable referenced standard, such manufacturer's designation will not be required.
Foundation plans shall show compliance with the requirements of Chapter 18 of this code regarding foundation design and shall show the plan locations, design elevations of the bottoms, and details as to sizes, reinforcements, and construction of all footings, piers, foundation walls, pile groups, and pile caps. The levels of footings of adjacent structures shall be indicated or, if the adjacent structures are pile supported, this shall be stated. Where applicable, the plans shall include underpinning details. In addition, there shall be a statement indicating the character and minimum class of the soil strata required for the support of the foundation; the allowable soil pressure used for the design of footings; and the character, class, and presumptive bearing capacity of the bearing stratum to which piling is required to penetrate. The types and design capacities of piling and the records of required borings or test pits shall also be shown. In addition, foundation plans shall include insulation details as required by the New York City Energy Conservation Code.
*Section BC 106.7.1 was amended by: Local Law 1 of 2011. This law has an effective date of Dec. 28, 2010.
Floor plans and sections showing all structural requirements shall be provided for all levels.
Drawings shall show sizes, sections, and locations of members, and such other information as may be required to indicate clearly all structural elements and special structural engineering features.
Where trusses are employed, a diagram or table shall indicate the loads or moments in the various members under the design loading conditions. The requirement for a diagram or table may be waived when the trusses consist of elements selected from load tables or similar data, subject to the requirements for verification described in this code.
Where the application is sought solely for earthwork excavation or fill operations, the applicant shall submit 1) a lot diagram and 2) plans showing the exact location, extent, and depth or height of the proposed excavation or fill operation and any protective railings or equipment required by Chapter 33.
Construction documents for fire protection systems shall include a plot plan to scale indicating the location of the system in relation to the rest of the building and shall comply with Sections 106.14.1 through 106.14.4. Such plans shall not be required in connection with applications for limited standpipe alterations and limited sprinkler alterations.
Fire alarm and detection systems plans shall comply with Section 907.1.1.
Whenever an alteration increases impervious surfaces on the lot to greater than 20 percent of the impervious surfaces existing when the structure was constructed, the applicant shall submit a house/site connection application approved or accepted by the Department of Environmental Protection as to the availability of a public sewer system, as well as an evaluation of the adequacy of any existing system for the disposal of storm water by any means other than storm or combined sewers.
Exception: Where the total area of impervious surfaces proposed to be increased after the effective date of this code is less than or equal to 1,000 square feet (93 m2).
In addition to the requirements of Section 3306.3, construction documents for full demolition shall comply with the following requirements for archival photographs:
- Number required. Applications shall contain two sets of photographs of the building or buildings to be demolished or removed. Both sets shall be received by the department on behalf of the New York City Landmarks Preservation Commission and the New York City Municipal Archives Division of the Department of Records and Information Services.
- Format. The photographs shall conform to the standards and specifications established by rules promulgated by the commissioner upon the advice of the commissioner of the Department of Records and Information Services and the chairperson of the Landmarks Preservation Commission.
Except as otherwise specifically provided, inspections required by this code or by the department during the progress of work may be performed on behalf of the owner by approved inspection agencies or, if applicable, by special inspectors. However, in the interest of public safety, the commissioner may direct that any of such inspections be performed by the department. All inspections shall be performed at the sole cost and expense of the owner. Refer to Chapter 1 of Title 28 of the Administrative Code for additional provisions relating to inspections.
Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job.
Fire resistance rated construction shall be inspected to determine compliance with the approved construction documents, including inspection of the following work:
- Fire-resistance-rated partitions, floors, ceilings, shafts;
- Fireblocking of concealed spaces;
- Through-penetration firestopping, draftstopping and fireblocking;
- Fire dampers;
- Fire shutters; and
- Protection of structural members.
Exception: Work regulated and inspected under Chapter 17.
Portions of work requiring inspection may be sequenced or phased to allow continuing progress of that work provided that work shall not be done beyond the point indicated in each successive required inspection for that phase. The inspector shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or the superintendent of construction wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until corrected. The person performing the inspection shall complete a report of satisfactory inspection. Refer to Chapter 1 of Title 28 of the Administrative Code.