Section 28-101.1
§28-101.1 Title. The provisions of this chapter shall apply to the
administration of the codes set forth in this title and the 1968
building code. The codes set forth in this title shall be known and may
be cited as the "New York city construction codes" and shall consist of:
The New York city plumbing code.
The New York city building code.
The New York city mechanical code.
The New York city fuel gas code.
The New York city energy conservation code.
Section 28-101.2
§ 28-101.2 Intent. The purpose of this code is to provide reasonable
minimum requirements and standards, based upon current scientific and
engineering knowledge, experience and techniques, and the utilization of
modern machinery, equipment, materials, and forms and methods of
construction, for the regulation of building construction in the city of
New York in the interest of public safety, health, welfare and the
environment, and with due regard for building construction and
maintenance costs.
Section 28-101.3
§28-101.3 Codes. Any reference in this title to "this code" or "the
code" shall be deemed to be a reference to this title and all of the
codes comprising the New York city construction codes unless the context
or subject matter requires otherwise. Whenever a section or subsection
of this code is cited or referred to, subordinate consecutively numbered
sections and subsections of the cited provision are deemed to be
included in such reference unless the context or subject matter requires
otherwise.
Section 28-101.4
§28-101.4 Effective date. Except as otherwise provided in sections
28-101.4.1, 28-101.4.2, 28-101.4.3 and 28-101.4.4 on and after the
effective date of this code, all work shall be performed in accordance
with the provisions of this code.
Section 28-101.4.1
§28-101.4.1 Permit issued or work commenced prior to effective date.
If a permit for work was issued prior to the effective date of this code
or, if no permit was necessary, work was commenced prior to such
effective date, all of the provisions of chapter 1 of title 27 of the
administrative code as heretofore in effect shall apply to such work.
Section 28-101.4.2
§28-101.4.2 Applications for construction document approval submitted
prior to and within twelve months after the effective date of this code.
Any work for which an application for construction document approval was
submitted to the department prior to the effective date of this code and
not thereafter abandoned, or for which an application for construction
document approval is submitted to the department within a period of
twelve months after such date may, at the option of the owner, be
performed in its entirety in accordance with the provisions of this
code, or in accordance with the 1968 building code, provided that such
work is commenced within twelve months after the date of issuance of a
permit therefore and is diligently carried on to completion. The
commissioner may, for good cause, extend the time period for
commencement of the work beyond 12 months. Where the owner elects to
perform the work in compliance with the 1968 building code, the
following conditions shall apply:
1. Except as otherwise limited by the commissioner, administration and
enforcement of the 1968 building code shall be in accordance with this
code, including but not limited to approval of construction documents,
issuance of permits and certificates of occupancy, tests and
inspections, penalties and enforcement. Controlled inspections and
semi-controlled inspections as referenced in the 1968 building code
shall be deemed to be special inspections and shall comply with the
provisions of this code relating to special inspections. Materials
regulated in their use by the 1968 building code shall be subject to
applicable provisions of this code.
2. Safety of public and property during construction operations
including demolition shall be governed by chapter 33 of the New York
city building code.
Section 28-101.4.3
§28-101.4.3 Optional use of the 1968 building code for alteration of
existing buildings. At the option of the owner, and subject to
appropriate approval, a permit may be issued after the effective date of
this code authorizing work on existing buildings constructed in
accordance with the 1968 building code or with the building laws in
effect prior to the effective date of the 1968 building code, to be
performed in accordance with the requirements and standards set forth in
the 1968 building code, subject to the following conditions:
1. The installation and alteration of all appliances, equipment and
systems regulated by the New York city fuel gas code, the New York city
plumbing code and the New York city mechanical code shall be governed by
applicable provisions of those codes relating to new and existing
installations.
2. The installation, alteration and additions to fire protection
systems regulated by Chapter 9 of the New York city building code,
including a change of occupancy group that would require such systems,
shall be governed by applicable provisions of such chapter and related
referenced standards. With respect to existing buildings, references to
occupancy classifications in Chapter 9 of the New York city building
code shall be deemed to refer to the equivalent occupancy classification
of the 1968 building code.
3. The installation and alteration of elevators, conveyors, and
amusement rides shall be governed by chapter 30, appendix K of the New
York city building code and the rules of the department.
4. Safety of public and property during construction operations
including demolition shall be governed by chapter 33 of the New York
city building code.
5. Where the estimated cost of such alteration in any twelve-month
period exceeds fifty percent of the cost of replacement of the building
or where there is a chance in the main use or dominant occupancy of the
building, facilities for people with physical disabilities shall be
provided in accordance with chapter 11 of the New York city building
code as if the building were hereafter erected.
6. Encroachments onto the public right of way shall be governed by
chapter 32 of the New York city building code.
7. Except as otherwise limited by the commissioner, administration and
enforcement of the 1968 building code shall be in accordance with this
code, including but not limited to approval of construction documents,
issuance of permits and certificates of occupancy, tests and
inspections, penalties and enforcement. Controlled inspections and
semi-controlled inspections as referenced in the 1968 building code
shall be deemed to be special inspections and shall comply with the
provisions of this code relating to special inspections. Materials
regulated in their use by the 1968 building code shall be subject to
applicable provisions of this code.
* 8. The installation and replacement of security grilles shall be
governed by section 1008.1.3.5 of the New York city building code.
* NB There are 2 subdivision 8's
* 8. All work related to energy efficiency shall be regulated by the
New York city energy conservation code.
* NB There are 2 subdivision 8's
11. Alterations involving the recovering or replacing of an existing
roof covering shall comply with section 1504.8 of the New York city
building code unless the area to be recovered or replaced is less than
50 percent of the roof area and less than 500 square feet.
12. Directional signage shall be provided in accordance with section
1110.2 of the New York city building code at or in close proximity to
inaccessible building entrances, inaccessible public toilets and bathing
facilities, and elevators not serving an accessible route indicating the
route to the nearest like accessible element where such accessible
element is provided, such that a person with disabilities will not be
required to retrace the approach route from the inaccessible element.
13. Signs identifying accessible entrances shall be provided in
accordance with item 5 of section 1110.1 of the New York city building
code at accessible building entrances where not all entrances are
accessible.
Section 28-101.4.4
§28-101.4.4 Alterations that reduce the fire safety or structural
safety of existing buildings. Notwithstanding any other provision of
this code, where the alteration of any existing building in accordance
with a provision of this code would result in a reduction of the fire
safety or structural safety of such building, relevant provisions of the
1968 building code shall apply to such alteration unless there is full
compliance with those provisions of this code that would mitigate or
offset such reduction of fire protection or structural safety.
Section 28-101.5
§28-101.5 Definitions. As used in this chapter and elsewhere in this
title, the following terms shall have the following meanings unless the
context or subject matter requires otherwise:
1968 BUILDING CODE. Chapter 1 of title 27 of the administrative code
as hereafter in effect.
ACCEPTANCE OR ACCEPTED. In reference to construction documents, the
endorsement by the department of construction documents with less than
full examination by the department based on the professional
certification of a registered design professional in accordance with a
program established by the commissioner.
ADDITION. An alteration of a building in existence that increases its
exterior dimensions including but not limited to an extension or
increase in floor area or height (including an increase in height or
area resulting from the construction of a rooftop structure for
mechanical equipment) of the building.
ADMINISTRATIVE CODE. The administrative code of the city of New York.
ALTERATION. Any construction, addition, change of use or occupancy, or
renovation to a building or structure in existence.
APPROVAL OR APPROVED. In reference to construction documents, the
determination by the department after full examination that submitted
construction documents comply with this code and other applicable laws
and rules. In reference to materials, the determination by the
commissioner that material is acceptable for its intended use.
APPROVED AGENCY. An established and recognized agency, or other
qualified person, regularly engaged in conducting tests or furnishing
inspection services, when approved pursuant to department rules as
qualified to perform or witness identified testing or inspection
services.
APPROVED FABRICATOR. An established and qualified person, firm or
corporation approved by the commissioner to custom manufacture or build
products or assemblies regulated by this code.
APPROVED INSPECTION AGENCY. An approved agency that is approved by the
department as qualified to perform one or more of the inspections
required by this code.
APPROVED TESTING AGENCY. An approved agency that is approved by the
department as qualified to test and evaluate the performance of one or
more of the materials regulated in their use by this code. Such term
shall include, when approved pursuant to department rules, a third party
testing or certification agency, evaluation agency, testing laboratory,
testing service or other entity concerned with product evaluation.
ARCHITECT. A person licensed and registered to practice the profession
of architecture under the education law of the state of New York.
BUILDING. Any structure used or intended for supporting or sheltering
any use or occupancy. The term shall be construed as if followed by the
phrase "structure, premises, lot or part thereof" unless otherwise
indicated by the text.
CHARTER. The New York city charter.
CERTIFICATE OF COMPLIANCE. A certificate stating that materials meet
specified standards or that work was done in compliance with approved
construction documents and other applicable provisions of law and with
respect to specified service equipment, a certificate issued by the
department authorizing the operation of such equipment.
CITY. The city of New York.
COMMISSIONER. The commissioner of buildings of the city of New York,
or his or her duly authorized representative.
CONSTRUCTION DOCUMENTS. Plans and specifications and other written,
graphic and pictorial documents, prepared or assembled for describing
the design, location and physical characteristics of the elements of the
project necessary for obtaining a building permit.
DEFERRED SUBMITTAL. Those portions of the design that are not
submitted at the time of the application for construction document
approval and that are to be submitted to the department within a
specified period of time after the issuance of a permit.
DEMOLITION. Full or partial demolition.
DEMOLITION, FULL: The dismantling, razing, or removal of all of a
building or structure, including all operations incidental thereto.
DEMOLITION, PARTIAL: The dismantling, razing, or removal of structural
members, floors, interior bearing walls, and/or exterior walls or
portions thereof, including all operations incidental thereto.
DEPARTMENT. The department of buildings of the city of New York.
ENGINEER. A person licensed and registered to practice the profession
of engineering under the education law of the state of New York.
ENLARGEMENT. An addition.
EXISTING BUILDING OR STRUCTURE. (i) A building or structure in
existence prior to the effective date of this code or one for which a
lawful building permit was issued for the erection of such building or
structure prior to the effective date of this code. (ii) A building or
structure erected in accordance with the 1968 building code under a
lawful building permit issued for the erection of such building or
structure after the effective date of this code in accordance with
section 28-101.4.2 of this code.
FABRICATED ITEM. Products and assemblies regulated by this code, that
are custom manufactured, or built prior to their incorporation into the
work at the job site. Fabricated items shall not include listed, labeled
or approved products or assemblies.
FIRE PROTECTION PLAN. A report containing a narrative description of
the life and fire safety systems and evacuation system for a structure.
HEREAFTER. On or after the effective date of this code.
HERETOFORE. Before the effective date of this code.
INSPECTION CERTIFICATE. Identification applied to a product by an
approved agency containing the name of the manufacturer, the function
and performance characteristics, and the name and identification of the
approved agency that indicates that the product or material has been
inspected and evaluated by such approved agency. An inspection
certificate shall also mean a certificate issued by the department upon
satisfactory completion of an inspection or test.
LABEL. Identification applied to material by the manufacturer or an
approved agency that contains the name of the manufacturer, the function
and performance characteristics of the material, and the name and
identification of the approved agency that conducted the evaluation of a
representative sample of such material.
LABELED. Material to which has been attached a label, symbol or other
identifying mark of the manufacturer that contains the name of the
manufacturer, the function and performance characteristics of the
product or material, and the name and identification of an approved
agency and that indicates that a representative sample of the material
has been tested and evaluated by an approved agency for compliance with
nationally recognized standards or tests to determine suitable usage in
a specified manner.
LAND SURVEYOR. A person licensed and registered to practice the
profession of land surveying under the education law of the state of New
York.
LISTED. Material identified in a list published by an approved agency
that maintains periodic inspection of production of listed material or
periodic evaluation services and whose listing states either that the
material meets identified nationally recognized standards or has been
tested and found suitable for a specified purpose when installed in
accordance with the manufacturer's installation instructions.
LETTER OF COMPLETION. A document issued by the department indicating
that permitted work has been completed, including satisfactory final
inspection in accordance with this code. A letter of completion is
issued only in circumstances where a certificate of occupancy is not
required upon completion of the permitted work.
LIMITED PLUMBING ALTERATIONS. An alteration to a plumbing system where
the total cost of the proposed work in the building does not exceed
twenty five thousand dollars in any 12 month period and the proposed
work is limited to the following:
1. The installation of new plumbing or gas piping, or the rerouting of
existing plumbing or gas piping;
2. The addition of not more than two plumbing fixtures or fixture
connections;
3. The mounting of new plumbing fixtures on existing roughings, other
than the mere replacement of existing fixtures constituting a minor
alteration or ordinary repair under this code; and
4. The installation or replacement of backflow preventers.
LIMITED SPRINKLER ALTERATIONS. An alteration to an existing sprinkler
system where the total cost of the proposed work in the building does
not exceed twenty five thousand dollars in any 12-month period and the
proposed work is limited to the following:
1. Replacement of parts required for the operation of a sprinkler
system;
2. Replacement of sprinkler heads, provided that orifice sizes, types
and deflector positions remain the same;
3. Changes that do not alter the type of sprinkler system;
4. Relocation of piping that does not affect the operation of the
sprinkler system; and
5. Rearrangement of not more than 20 sprinkler heads in areas
presently sprinklered in light hazard occupancy, as such term is defined
in reference standards, which will remain in such occupancy, provided
that the addition of sprinkler heads in existing systems shall be
limited to light hazard occupancies in rooms or spaces not exceeding 800
square feet (74.3 m{2}) requiring only one head with the maximum spacing
allowed by the code, and provided that the number of new heads does not
exceed a total of five.
LIMITED STANDPIPE ALTERATIONS. An alteration to an existing standpipe
system where the total cost of the proposed work in the building does
not exceed twenty five thousand dollars in any 12-month period and the
proposed work is limited to the following:
1. Replacement of parts required for the operation of a combined
standpipe system; and
2. Relocation of combined standpipe auxiliary hose sources and
cabinets within 10 feet (3048 mm) of their original location, provided
that the existing covered area is not affected and provided that such
relocation complies with this code for a new installation.
MAIN USE OR DOMINANT OCCUPANCY (OF A BUILDING). Refers to a single
occupancy classification assigned to a structure by the department
according to such structure's main use or dominant occupancy.
MANUFACTURER'S DESIGNATION. Identification applied to material by the
manufacturer indicating that the material complies with a specified
standard or set of rules.
MARK. Identification applied to a product by the manufacturer
indicating the name of the manufacturer and the function of a product or
material.
MATERIALS. Materials, assemblies, appliances, equipment, devices,
systems, products and methods of construction regulated in their use by
this code or regulated in their use by the 1968 building code.
OCCUPANCY. The purpose or activity for which a building or space is
used or is designed, arranged or intended to be used.
OWNER. Any person, agent, firm, partnership, corporation or other
legal entity having a legal or equitable interest in, or control of the
premises.
PARTY WALL. A fire division of an interior lot line common to two
adjoining buildings.
PERMIT. An official document or certificate issued by the commissioner
that authorizes performance of specified work or activity.
PERSON. An individual, partnership, corporation, or other legal
entity.
PREMISES. Land, improvements thereon, or any part thereof.
PROFESSIONAL CERTIFICATION. A personal verification of a registered
design professional made under such professional's signature and seal
that accompanies construction documents and other submittal documents
filed with the department and that attests that such documents do not
contain false information and are in compliance with all applicable
provisions of law.
REGISTERED DESIGN PROFESSIONAL. An architect or engineer.
REGISTERED DESIGN PROFESSIONAL OF RECORD. The registered design
professional who prepared or supervised the preparation of applicable
construction documents filed with the department.
REQUIRED. Shall mean required by the provisions of this code.
RETAINING WALL. A wall designed to prevent the lateral displacement of
soil or other materials.
SIGN-OFF. The issuance by the department of a letter of completion or
certificate of occupancy for permitted work indicating the satisfactory
completion of all required inspections and receipt by the department of
all required submittal documents.
SERVICE EQUIPMENT. Equipment or systems, and all components thereof,
that provide sanitation, power, light, heat, ventilation, air
conditioning, refuse disposal, fire-fighting, transportation or other
facilities for buildings.
SINGLE ROOM OCCUPANCY MULTIPLE DWELLING. See section 28-107.2.
SPECIAL INSPECTION. Inspection of selected materials, equipment,
installation, fabrication, erection or placement of components and
connections, to ensure compliance with approved construction documents
and referenced standards as required by chapter 17 of the New York city
building code or elsewhere in this code or its referenced standards.
SPECIAL INSPECTOR. An individual having required qualifications and
authorized by the department to perform or witness particular special
inspections required by this code or by the rules of the department,
including but not limited to a qualified registered design professional
so authorized.
SUPERINTENDENT OF CONSTRUCTION (CONSTRUCTION SUPERINTENDENT). An
individual, when authorized pursuant to department rules as qualified to
superintend permitted construction work on behalf of the owner.
STRUCTURE. That which is built or constructed, including among others:
buildings, stadia, tents, reviewing stands, platforms, staging,
observation towers, radio towers, tanks, trestles, open sheds, shelters,
fences, and display signs.
SUBMITTAL DOCUMENTS. Completed application forms, construction
documents, reports and any other required documents submitted in
compliance with this code or other applicable laws and rules including
but not limited to special inspection reports, certifications or
approvals from other governmental agencies and other data required by
this code or by the department.
USE (USED). The purpose for which a building, structure, or space is
occupied or utilized, unless otherwise indicated by the text. Use (used)
shall be construed as if followed by the words "or is intended,
arranged, or designed to be used."
UTILITY COMPANY OR PUBLIC UTILITY COMPANY. The term shall be construed
to have the same meaning as that contained in section two of the New
York state public service law.
UTILITY CORPORATION OR PUBLIC UTILITY CORPORATION. The term shall be
construed to have the same meaning as that contained in section two of
the New York state public service law.
WORK NOT CONSTITUTING MINOR ALTERATIONS OR ORDINARY REPAIRS. See
section 28-105.4.2.1.
WRITING (WRITTEN). The term shall be construed to include handwriting,
typewriting, printing, photo-offset, or any other form of reproduction
in legible symbols or characters, including, in the discretion of the
commissioner, electronic media.
WRITTEN NOTICE. A notification in writing delivered by hand to the
person or parties intended or delivered at or sent by mail or in the
discretion of the commissioner by electronic media to the last address
known to the party giving such notice.
ZONING RESOLUTION. The zoning resolution of the city of New York,
adopted December fifteenth, nineteen hundred sixty-one, including all
amendments thereto.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.