Applying NYC Codes

HOW TO APPLY NYC CODES

APPLYING THE CODES OVERVIEW
The latest NYC Construction Codes are essentially based on I-Codes established by the International Code Council. I-Codes are known as the standard International Construction Codes (ICC), many of which have been adopted and modified by various jurisdictions including New York City. While I-Codes include an “International Existing Buildings Code”, New York City does not. therefore, the City allows existing buildings to comply with applicable regulations of the 1968 and 1938 NYC Building Codes as set forth in the provisions of the 2022 Administrative Code.

Code(s): ALL NYC Building & Construction Codes from 1938 thru 2022 including; Mech/PL/FGC/Fire Code/ECC, Bulletins, Memos, directives, local laws, directives, executive orders etc.)

RCNY (Rules & Regulations of NYC): NYC Department of Buildings laws, rules and procedures regulating the filing and permit process

Zoning: 1961 NYC Zoning Resolution with Department of City Planning as the Agency having jurisdiction. (Also regulated by BSA- Boards of Standards & Appeals)

MDL: Multiple Dwelling Laws for Residential buildings with 4 or more dwelling units.
New Code: Refers to 2022 NYC Construction Codes.

2022 Code: Refers to all 2014 NYC Construction Codes & Building Bulletins from 2014 to present.

2008 / 2014 Code: Refers to all 2008 NYC Construction Codes & Building Bulletins from 2008 to 2014.

1968 Code: Refers to Volume 1 & Volume 2 of the 1968 Building Code including Local Laws, directives and 2003 text Amendments edition.

1938 Code: Refers to all Articles in the 1938 Building Code, directives, memorandums, local laws including labor laws from 1913.

New Buildings: Building or Structures from the ground-up. New Buildings include enlargements of more than 110% of existing floor area.

Prior-code(s): Existing Buildings erected prior to December 1st, 2008 are considered prior-code buildings previous made to comply with either the 1968 Building Codes or 1938 Building Codes.

USE & OCCUPANCY GROUPS CLASSIFICATIONS

2014 Building Code (New Code)

R-1, R-2, R-3 = (Residential) Hotels, Multiple Dwellings, 1-2 Family Dwellings
M = (Mercantile) Retail, stores, service establishments
B = (Business) Offices, Colleges & Assemblies with less than 75 occupants
A = (Assembly) Assembly and places of gathering over 75 occupants
F = (Factory) Manufacturing, production, machinery & equipment rooms
S = (Storage) Warehouse
E = (Educational) Elementary/M
I = (Institutional) Group Homes, assisted living & community facilities

1968 Building Code (Prior code)

J-1, J-2, J-3 = (Residential) Hotels, Multiple Dwellings, 1-2 Family Dwellings
C = (Mercantile) Retail, stores, service establishments
E = (Business) Offices
F = (Assembly) Assembly and places of gathering over 75 occupants
D = (Factory) Manufacturing, production, machinery & equipment rooms
B = (Storage) Warehouse
G = (Educational) Elementary/Middle school/High school

1938 Building Code (Prior code)

RES = (Residential) Single, multiple and group living & hotels
PUB = (Public) Government buildings, schools and Institutions
COM = (Commercial) Business incl. offices, factory, restaurants, retail stores etc.

Zoning Use Groups per NYC Zoning Resolution

UG 1-2 Single & Multiple Family Dwellings
UG 3-4 Community centers (schools/non-profit)
UG 5-9 Business & retail services (Inc. hotels)
UG 13-15 Recreation & Amusements
UG 14-18 Manufacturing, Industrial/Production

APPLYING CODES TO EXISTING BUILDINGS
Determining which Codes, Laws, Rules etc. apply to a proposed alteration project varies with each project scope and existing conditions of the building. For the purpose of this eGuide, applying the appropriate Code depends on whether the proposed scope of work is either to:

Construct a New Building or;
Alter/modify an Existing Building.

CONSIDERATIONS

A “new code” building refers to buildings built after 2008 per 2014-2022 NYC Constructions Codes. Taking into consideration that the 2022 Code was enacted to essentially “amend” the prior 2014 Code, any alteration of an existing building previously erected under the provisions of earlier Codes shall now comply with 2022 Codes. Unless an existing as-built condition previously approved under such Codes cannot be made to comply with the 2022 Code, the project should disregard prior 2008 / 2014 codes and refer to the appropriate 2022 Codes for compliance.

Unlike other jurisdictions, NYC does has not adopted a versions of the EBC - Existing Balding Codes. If determined that the building was erected prior to the enactment of the 1968 Building Code, any proposed alteration, including egress modifications, shall look to the appropriate 1968 Building Code section for compliance. Unless complying with 1968 Building Code cannot be achieved, I would then look to the appropriate sections of the 1938 Building Code to demonstrate compliance on a per case basis.

Prior to jumping into the prior-codes, I prefer to start with NYC 2022 Administrative Code and work backwards. For Alterations with a Certificate of Occupancy referencing the 1968 Building Code Classifications I turn to the appropriate 1968 code which would be apply depending on the overall scope of the project:

APPLYING CODES TO A PROJECT
There are many Codes that may apply to a project. It’s also rare that an alteration or development of an existing building complies with only ONE Code as there are many other limitations and exceptions to consider. As a general overview I use the below when applying codes to a project:

NEW Buildings and/or Structures shall comply with 2022 NYC Construction Codes

Enlargements or Additions to existing buildings which increase Zoning Floor Area by 110% or greater shall be made (upgraded) to comply with 2022 NYC Construction Codes.

Alterations to Existing Buildings erected AFTER December 2008 shall comply with 2022 NYC Construction Codes.

Alterations to Existing Buildings erected PRIOR to December 2008 shall comply with 2022 NYC Construction Codes AND applicable provisions of the 1968 Building Code.

Alterations to Existing Buildings erected PRIOR to 1968 shall comply with 2022 NYC Construction Codes AND application provisions of 1968 Building Code AND 1938 Building Code.

Alterations to Existing Buildings erected PRIOR to 1968 wherein a Change of Use or Occupancy to the Entire Building is proposed shall be made (or upgraded) to comply with 1968 Building Code as the earliest code with select 2022 code retroactive provisions that may apply.

Alterations, modifications or installations related to any of the following shall comply with applicable provisions of the 2022 Code as specified in the 2022 NYC Administrative Code.

Fuel gas, plumbing and mechanical work
Fire protection systems
Elevators, conveyors and amusement rides
Safety during construction operations
Accessibility
Encroachments into the public right of way
Administration and enforcement
Special inspections
Materials
Security grilles
Roof recovering and replacements
Handrails
Guards
Areas of Special Flood Hazard
Emergency and standby power systems
Parking garages and open parking lots
Mold protection

Alterations to existing structural systems of buildings erected PRIOR to December 2008 may elect to comply with the 1968 code except as specified in chapter 16 of 2022 NYC Building Code. I suggest to always consult with a structural engineer to advise whether compliance with prior codes is possible.

All New Building & Alterations (unless exempt) shall comply with the 2020 NYC Energy Conservation Code.

All New Buildings & Alterations (unless exempt) shall comply with Appendix G of the 2022 Code for Flood Resistant Construction