Section 28-113.1
§28-113.1 General. Materials shall be used, tested and approved for
use in accordance with the specific provisions of this code and
department rules, except that the commissioner shall have the power to
limit or prohibit the use of any material to protect public safety.
Materials shall be identified or described on construction documents and
other submittal documents.
Section 28-113.2
§28-113.2 Use of materials. Except as set forth in sections 28-113.2.1
through 113.2.6 materials specifically prescribed by this code or
department rules may be used as prescribed without the prior approval of
the commissioner.
Section 28-113.2.1
§28-113.2.1 Approved material. Whenever this code or the rules of the
department requires the use of an approved material, such material shall
not be used without the prior approval of the commissioner for such use
and may be used only to the extent set forth in such approval.
Section 28-113.2.2
§28-113.2.2 Alternative materials. Except as otherwise specifically
limited by this code, the provisions of this code are not intended to
prevent the installation of any material or to prohibit any alternative
engineered design or method of construction not specifically prescribed
by this code, provided that the use of such alternative material has
been previously approved by the commissioner and may be used only to the
extent set forth in such approval. The use of an alternative material,
design, method of construction or equipment shall be approved where the
commissioner finds that the proposed design is satisfactory and complies
with the intent of the provisions of this code, and that the material,
method or work offered is, for the purpose intended, at least the
equivalent of that prescribed in this code in quality, strength,
effectiveness, fire resistance, durability and safety.
Section 28-113.2.3
§28-113.2.3 Listed or labeled. Whenever this code or the rules of the
department requires that material used be listed or labeled to a
standard, material that is so listed or labeled may be used in
accordance with such list or label without the prior approval of the
commissioner. However, the commissioner reserves the right to require
that information be submitted with regard to the testing and evaluation
of any material so listed or labeled including but not limited to
inspection certificates, test or evaluation reports, analysis,
computations or other information used to determine that the material so
listed or labeled complies with the applicable standard.
Section 28-113.2.4
§28-113.2.4 Material not listed or labeled. Whenever this code or the
rules of the department requires that material be listed or labeled to a
standard and material proposed to be used is not so listed or labeled,
the use of such material shall be subject to prior approval by the
commissioner and such material shall be used only to the extent set
forth in such approval.
Section 28-113.2.5
§28-113.2.5 Reuse. The use of used material that meets the
requirements of this code for new material is permitted unless otherwise
provided in this code. Used equipment and devices shall not be reused
without the prior approval of the commissioner and may be used only to
the extent set forth in such approval.
Section 28-113.2.6
§28-113.2.6 Previously issued approvals. Materials that were
previously approved by the board of standards and appeals or by the
department before the effective date of this code may continue to be
used, but only to the extent set forth in such approval, and only if
such approval is not specifically amended or repealed by the
commissioner.
Section 28-113.3
§28-113.3 Approval procedure. Approval of materials shall be in
accordance with the rules of the department. The cost offsets, reports
and investigations required under these provisions shall be paid by the
applicant.
Section 28-113.3.1
§28-113.3.1 Performance. Specific information consisting of test
reports conducted by an approved testing agency in accordance with
standards referenced in the construction codes or other such information
as necessary, shall be provided for the commissioner to determine
whether the material will perform for the use intended.
Section 28-113.3.2
§28-113.3.2 Research and investigation. Sufficient technical data
shall be submitted to the commissioner to substantiate the proposed use
of any material. If it is determined that the evidence submitted is
satisfactory proof of performance for the use intended, the commissioner
shall approve the use of the material subject to the requirements of
this code.
Section 28-113.3.3
§28-113.3.3 Retesting of materials. All materials tested and accepted
for use shall be subject to periodic retesting as determined by the
commissioner, and any material that upon retesting is found not to
comply with the code requirements or the requirements set forth in the
approval of such material shall cease to be acceptable for the use
intended. During the period for such retesting, the commissioner may
require the use of such material to be restricted or discontinued if
necessary to secure safety.
Section 28-113.3.4
§28-113.3.4 New materials. New materials not provided for in this
code, and any material of questioned suitability proposed for use in the
construction of a building or structure, shall be subjected to the tests
prescribed in this code or in the rules of the department to determine
character, quality and limitations of use.
Section 28-113.3.5
§28-113.3.5 Research reports. Supporting data, where necessary to
assist in the approval of materials not specifically provided for in
this code, shall consist of valid research reports from approved
sources.
Section 28-113.3.6
§28-113.3.6 Conflicting test results. Whenever there is evidence of
conflicting results in the test of any material, the commissioner shall
determine the acceptability of the material and/or the acceptable rating
for such material.
Section 28-113.3.7
§28-113.3.7 Amendment and repeal. The commissioner shall have the
power to amend or repeal the approval of any material, including
materials previously approved by the board of standards and appeals.
Section 28-113.3.8
§28-113.3.8 Maintenance of records of approved material. For any
material that has been approved, a record of such approval, including
the conditions and limitations of the approval, shall be kept on file in
the department and shall be open to public inspection at appropriate
times.
Section 28-113.3.9
§28-113.3.9 List of approved testing agencies and approved materials.
A current list of all approved testing agencies and a current list of
all materials specifically approved by the commissioner or previously
approved by the board of standards and appeals shall be maintained by
the department and published in written form.
Section 28-113.4
§28-113.4 Labeling. Materials required to be labeled shall be labeled
in accordance with the procedures set forth in this code or the
recognized referenced standards.
Section 28-113.4.1
§28-113.4.1 Testing. An approved agency shall test a representative
sample of the material being labeled to the relevant standard or
standards. The approved agency shall maintain a record of the tests
performed. The record shall provide sufficient detail to verify
compliance with the test standard.
Section 28-113.4.2
§28-113.4.2 Inspection and identification. The approved agency shall
at regular intervals perform an inspection, which shall be in-plant if
necessary, of the material that is to be labeled. The inspection shall
verify that the labeled material is representative of the material
tested.
Section 28-113.4.3
§28-113.4.3 Label information. The label shall contain the
manufacturer's or distributor's identification, model number, serial
number or definitive information describing the material's performance
characteristics and the approved agency's identification.
Section 28-113.4.4
§28-113.4.4 Shipment and delivery certification of materials listed,
labeled or approved. In the case of the shipment or delivery of material
listed or labeled to a standard, such material shall be appropriately
labeled or accompanied by the inspection certificate of an approved
agency that the material is the same as that which was tested and
evaluated by such agency. In the case of the shipment or delivery of
material previously approved by the commissioner, the material shall be
identified by a tag or certificate indicating that the material is the
same that was approved for its intended use by the commissioner or, if
applicable, previously approved by the board of standards and appeals,
and containing the applicable approval number or calendar number under
which the material received such approval.
Section 28-113.5
§ 28-113.5 Volatile organic compounds emissions in carpet and carpet
cushion. On and after July 1, 2013 carpet and carpet cushion as defined
in section 17-1401 of the administrative code shall comply with the
limits on volatile organic compound emissions set forth in chapter 14 of
title 17 of such code.
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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