Section 27-114
§ 27-114 Alterations of existing buildings. Subject to the provisions
of section 27-105 of article one of this subchapter, and except as
otherwise specifically provided by the provisions of this code, the
following provisions shall apply to the alteration of existing
buildings, whether made voluntarily or as a result of damage,
deterioration or other cause, provided, however, that the following
alterations shall conform with the requirements of this code regardless
of magnitude or cost:
(a) Alterations or additions to existing standpipes, sprinklers or
interior fire alarm and signal systems or a change in use or an
enlargement to spaces requiring such protection, as provided in
subchapter seventeen of this code.
(b) Alterations, replacements or new installations of equipment for
heating or storing water, as provided in reference standard RS-16.
(c) Projections beyond the street line, as provided in subchapter four
of this code.
(d) Sprinkler, alarm protection, and emergency lighting requirements
for places of assembly, as provided in subchapter eight of this code.
(e) Interior finish work, as provided in section 27-348.
(f) Finish flooring and floor covering, as provided in section 27-351.
(g) The installation or replacement of elevators, as provided in
subchapter eighteen of this code.
(h) The installation, alteration or replacement of refrigerating
systems as provided in reference standard RS 13-6.
Section 27-115
§ 27-115 Alterations exceeding sixty percent of building value. If the
cost of making alterations in any twelve-month period shall exceed sixty
percent of the value of the building, the entire building shall be made
to comply with the requirements of this code, except as provided in
section 27-120 of this article.
Section 27-116
§ 27-116 Alterations between thirty percent and sixty percent of
building value. If the cost of making alterations in any twelve month
period shall be between thirty percent and sixty percent of the value of
the building, only those portions of the building altered shall be made
to comply with the requirements of this code, except as provided in
sections 27-120 and 27-121 of this article.
Section 27-117
§ 27-117 Alterations under thirty percent of building value. Except as
otherwise provided for in sections 27-120 and 27-121 of this article, if
the cost of making alterations in any twelve month period shall be under
thirty percent of the value of the building, those portions of the
building altered may, at the option of the owner, be altered in
accordance with the requirements of this code, or altered in compliance
with the applicable laws in existence prior to December sixth, nineteen
hundred sixty-eight, provided the general safety and public welfare are
not thereby endangered.
Section 27-118
§ 27-118 Alterations involving change in occupancy or use. (a) Except
as otherwise provided for in this section, if the alteration of a
building or space therein results in a change in the occupancy group
classification of the building under the provisions of subchapter three,
then the entire building shall be made to comply with the requirements
of this code.
(b) Except as otherwise provided for in this section, if the
alteration of a space in a building involves a change in the occupancy
or use thereof, the alteration work involved in the change shall, except
as provided for in this section, be made to comply with the requirements
of this code and the remaining portion of the building shall be altered
to such an extent as may be necessary to protect the safety and welfare
of the occupants.
(c) When, however, the cost of alterations involved in the change of
occupancy of an existing building erected prior to December sixth,
nineteen hundred sixty-eight or space therein authorizes the alterations
to be made in compliance with the applicable laws in existence on such
sixth day of December, nineteen hundred sixty-eight, such change in
occupancy may similarly be made in compliance with such prior laws,
provided the general safety and public welfare are not thereby
endangered, and further provided that the alteration work shall effect
compliance with all requirements of this code relating to interior
finish work, finish flooring and floor covering, sprinklers, interior
fire alarms, fire command and communication systems, elevators, smoke
detectors, directional signs, emergency lighting and emergency power.
Section 27-119
§ 27-119 Alteration cost: building value. For the purpose of applying
the foregoing provisions of this article, the cost of making alterations
shall be determined by adding the estimated cost of making the proposed
alterations computed as of the time of submitting the permit
application, to the actual cost of any and all alterations made in the
preceding twelve-month period; and the value of the building shall be
determined at the option of the applicant on the basis of one and
one-quarter times the current assessed valuation of the building, as
adjusted by the current state equalization rate, or on the basis of the
current replacement cost of the building, provided that satisfactory
evidence of current replacement cost is submitted to the commissioner.
Section 27-120
§ 27-120 Alterations to multiple dwelling and conversions to multiple
dwellings. At the option of the owner, regardless of the cost of the
alteration or conversion, an alteration may be made to a multiple
dwelling or a building may be converted to a multiple dwelling in
accordance with all requirements of this code or in accordance with all
applicable laws in existence prior to December sixth, nineteen hundred
sixty-eight, provided the general safety and public welfare are not
thereby endangered.
Section 27-121
§ 27-121 Alterations to residence buildings. Alterations to one- or
two-family residence buildings erected under the provisions of the
building code in effect prior to December sixth, nineteen hundred
sixty-eight, and damaged by fire or other catastrophe to the extent of
less than fifty percent of the value of the building (except as
otherwise provided in section 27-297 of article four of subchapter four
of this chapter) may be reconstructed in accordance with the provisions
of the building code in effect prior to December sixth, nineteen hundred
sixty-eight.
Section 27-122
§ 27-122 Alterations involving conversions from seasonal to year round
use. (a) Buildings converted from seasonal use to year round use shall
comply with the minimum building insulation standards as provided in
reference standards RS 12-10, energy conservation in new building
design, with the exception that the provisions as set forth in opinion
76-16, state of New York, public service commission, dated August
thirteenth, nineteen hundred seventy-six, relating to noise control and
fire rating shall not apply. The standards set forth in this code
relating to noise control and fire rating and other applicable standards
shall apply.
(b) All alterations performed in accordance with the requirements of
this section shall also be in full compliance with the provisions of
subchapter fourteen (inspections) of chapter one of title twenty-six of
the administrative code to insure a method of controlled inspection of
all converted buildings.
Section 27-123
§ 27-123 Alterations involving high hazard occupancies. Any building
erected prior to the effective date of this code (December sixth,
nineteen hundred sixty-eight) and complying with section 27-117 of this
article may be utilized for new high hazard occupancies without
compliance with article two of subchapter six of this chapter on
condition that the building or building section for such high hazard
occupancy be provided with an approved one source automatic sprinkler
system complying with the provisions of subchapter seventeen for B-1
occupancies regardless of the area thereof. Existing high hazard
occupancies in structures erected prior to the effective date of this
code and complying with section 27-117 of this article may continue to
operate, subject to such fire protection requirements as the fire
commissioner shall direct.
Section 27-123.1
§ 27-123.1 Alterations, additions, repairs and changes in occupancy or
use requiring facilities for people having physical disabilities.--The
provisions of subarticle two of article two of subchapter four of
chapter one of title twenty-seven of this code shall apply to
alterations, additions and repairs made to buildings, as well as to
changes in occupancy or use, as set forth below. The provisions of
sections 27-115, 27-116, 27-117, 27-118 and 27-120 of this code shall
not govern the application of the provisions of such subarticle.
(a) The provisions of subarticle two of article two of subchapter four
of chapter one of title twenty-seven of this code shall apply to an
entire existing building, as if hereafter erected, when the costs of any
alterations, additions or repairs, other than ordinary repairs, made
within any twelve-month period immediately following the filing of the
application exceed fifty percent of the cost of replacement of the
building with one of similar floor space, as estimated by the department
at the beginning of that twelve-month period. When such estimated costs
of alterations, additions or repairs, other than ordinary repairs, do
not exceed fifty percent of such replacement cost, then the provisions
of subarticle two of article two of subchapter four of chapter one of
title twenty-seven shall apply to such alterations, additions or
repairs, although nothing herein is meant to discourage compliance with
the standards set forth in subarticle two of article two of subchapter
four of chapter one of title twenty-seven in other portions of buildings
described in this sentence.
(b) The provisions of subarticle two of article two of subchapter four
of chapter one of title twenty-seven of this code shall apply to an
entire existing building, as if hereafter erected, when there is a
change in occupancy classification of the building. The provisions of
subarticle two of article two of subchapter four of chapter one of title
twenty-seven of this code shall apply to a space in a building when
there is a change in the occupancy type thereof or in how such space is
used.
(c) When any work not otherwise required to comply with the provisions
of subarticle two of article two of subchapter four of chapter one of
title twenty-seven is done on an interior accessible route in existing
residential buildings, other than in occupancy group J-3, which work
involves plumbing fixtures, that work shall be required to comply with
section 27-292.8 of this code for the extent of the work being
performed, provided such work will not require any structural changes or
additional partitions; ordinary repairs and replacement of existing
piping shall be exempt from the provisions of this sentence.
(d) Where additions or alterations subject parts of existing systems
to loads exceeding those permitted herein, such parts shall be made to
comply with this code.
(e) The provisions of subarticle two of article two of subchapter four
of chapter one of title twenty-seven of this code and of subdivisions b
and c of this section shall not apply to the alteration of existing
residential buildings, other than adult residential care facilities,
which are classified in occupancy group J-2 and contain no more than
three dwelling units or which are classified in occupancy group J-3 and
are being altered to contain three dwelling units, and which satisfy the
requirements of subdivision (d) of section 27-357 of this code, when the
cost of any alterations, additions or repairs, other than ordinary
repairs, made within any twelve-month period immediately following the
filing of the application do not exceed fifty percent of the cost of
replacement of the building with one of similar floor space, as
estimated by the department at the beginning of that twelve-month
period.
Section 27-123.2
§ 27-123.2 Provision of sprinklers in existing buildings.
Notwithstanding any provision of law to the contrary, the provisions of
section 27-954 of this code shall apply to alterations made to
buildings, as well as to changes in occupancy or use, as set forth
below:
(a) The provisions of section 27-954 of this code shall apply to an
entire existing building that is being altered, when such building is
classified in occupancy group J-2 and will have four or more dwelling
units upon the completion of the alterations, or is classified in
occupancy group J-1, and when the costs of making any alterations to any
such J-1 or J-2 building within any twelve-month period exceeds fifty
percent of the building value.
(b) The provisions of section 27-954 of this code shall apply to an
entire existing building when the occupancy classification of the
building will change to a residential occupancy group other than
occupancy group J-2 with not more than three dwelling units or occupancy
group J-3.
(c) The provisions of section 27-954 of this code shall apply to any
space: (1) when alterations thereto involve a change in the occupancy or
use thereof to a residential occupancy group other than occupancy group
J-2 with not more than three dwelling units or occupancy group J-3, or
(2) when the costs of making alterations thereto within any twelve-month
period exceeds fifty percent of the value of the space.
(d) For the purposes of this section, the cost of making alterations
and the value of any such building or space shall be determined as set
forth in section 27-119 of this chapter; provided, however, that for
purposes of this section: (1) the cost of making alterations to a
residential building shall be determined based on the aggregate cost of
alterations to the residential portions of such building, and the value
of such a building shall be determined based on the aggregate value of
the residential portions of the building, exclusive of the value of any
non-residential portions of the building; and (2) the cost of making
alterations to residential spaces in a non-residential building shall be
determined based on the collective cost of alterations to such spaces,
and the value of such residential spaces shall be determined based on
the aggregate value of all such spaces in the building, exclusive of the
value of any non-residential portions of the building.
(e) When a system of automatic sprinklers is installed in any existing
building or space pursuant to this section, such system shall comply
with the requirements of this code and any other laws and rules
applicable to the occupancy group in which such building or space is
classified or in which such building or space would be classified if
such building or space were classified under this chapter.
Section 27-123.3
§ 27-123.3 Definition. For the purposes of this article, the term
"existing building" means a building in existence prior to December 6th,
1968 or a building constructed in accordance with the building laws and
regulations in force prior to such date in accordance with section
27-105 of this code.
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