Section 28-102.1
§28-102.1 General. 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 a general
requirement conflicts with a specific requirement, the specific
requirement shall govern. Where British and metric units of measurement
conflict, the British units shall govern.
Section 28-102.2
§28-102.2 Other laws. The provisions of this code do not presumptively
provide for matters that are contained in the charter, the labor law,
the multiple dwelling law, the zoning resolution, or the general city
law. Where there is conflict or inconsistency between the requirements
of this code and other applicable laws and rules, unless otherwise
required, such conflict shall be resolved in favor of the more
restrictive requirement.
Section 28-102.3
§28-102.3 Separability. If any clause, sentence, paragraph, section or
part of this code shall be adjudged to be invalid, such judgment shall
not affect, impair or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, or part
thereof directly involved in the controversy in which such judgment
shall have been rendered.
Section 28-102.4
§28-102.4 Existing buildings. The lawful use or occupancy of any
existing building or structure, including the use of any service
equipment therein, may be continued unless a retroactive change is
specifically required by the provisions of this code or other applicable
laws or rules. The continuation of the unlawful use or occupancy of a
building or structure after the effective date of this code contrary to
the provisions of this code or other applicable law or rule shall be a
violation of this code.
Section 28-102.4.1
§28-102.4.1 Existing buildings must comply with the applicable
retroactive requirements of the 1968 building code. Existing buildings
must comply with the applicable retroactive requirements of the 1968
building code including those requiring the installation of fire safety
and building safety systems and the filing of verifying reports with the
department of such installations by the dates specified in section
27-228.5 of the administrative code or in other applicable provisions of
such 1968 building code. A violation of such provisions shall be a
violation of this code.
Section 28-102.4.2
§28-102.4.2 Change in use or occupancy. Except as otherwise provided
in sections 28-101.4.1, 28-101.4.2, 28-101.4.3 or 28-101.4.4 changes in
the use or occupancy of any building or structure made after the
effective date of this code shall comply with the provisions of this
code. Any changes made in the use or occupancy of a building or
structure not in compliance with this code shall be prohibited and shall
be a violation of this code. After a change in use or occupancy has been
made in a building, the re-establishment of a prior use or occupancy
that would not be lawful in a new building of the same construction
class shall be prohibited unless and until all the applicable provisions
of this code and other applicable laws and rules for such reestablished
use or occupancy shall have been complied with. A change from a use
prohibited by the provisions of this code, but which was permitted prior
to the effective date of this code, to another use prohibited by the
provisions of this code shall be deemed a violation of this code.
Section 28-102.4.3
§28-102.4.3 Alteration of existing structures. Except as otherwise
provided in sections 28-101.4.1, 28-101.4.2, 28-101.4.3 and 28-101.4.4,
existing structures altered after the effective date of this code shall
comply with the provisions of this code. In accordance with subdivision
eleven of section three of the multiple dwelling law and article 4 of
subchapter 1 of the 1968 building code, at the option of the owner,
multiple dwellings erected prior to December 6, 1969 may be altered and
buildings erected prior to December 6, 1969 may be converted to multiple
dwellings in accordance with applicable provisions of the multiple
dwelling law and the building laws and regulations in effect prior to
December 6, 1968, provided the general safety and public welfare are not
thereby endangered.
Section 28-102.4.4
§28-102.4.4 Occupancy classifications. With regard to existing
buildings, references to occupancy classifications in this code shall be
deemed to refer to the equivalent occupancy classification under the
1968 building code.
Section 28-102.5
§28-102.5 Grading of lots. The regulation of lots, in conformity with
the street on which they are situated, shall be calculated at curb
level. Where a lot has more than one street frontage, and is so situated
that the street frontages intersect, the curb of the longest street
frontage shall be used. When the street frontages do not intersect, the
curb along each frontage shall be used to one-half the depth of the lot
between street frontages. A lot as referred to in this section 28-102.5
shall mean a parcel of land twenty-five feet by one hundred feet, or
less, in one ownership whether adjacent land be in the same or other
ownership; but, for this purpose, no land in the same ownership may be
divided into lots smaller than twenty-five feet by one hundred feet.
Section 28-102.6
§28-102.6 Appendices. All enacted appendices are a part of the
provisions of this code.
Section 28-102.7
§28-102.7 References in other laws. References to provisions of the
building code of the city of New York or to chapter 1 of title 27 of the
administrative code in other laws shall be deemed to refer to equivalent
provisions of the 1968 building code or the New York city construction
codes as the context in which such references appear may require.
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.
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