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For alterations of existing buildings, refer to the as-built conditions and cross reference the information with the Certificate of Occupancy... Means of Egress Overview & Understandable Terms After gathering all necessary Property Records including the latest Certificate of Occupancy on file for the building, the Architect can determine which codes apply to a project for an alteration of existing building. All references to means of egress throughout this eGuide addresses compliance with applicable 1968 Building Code and 2014 Building Code provisions. While the 1938 Building Code regulations for exits may also apply to an alteration of existing building, such conditions shall be analyzed on a case by case basis if complying with 1968 BC cannot be achieved. Egress: (means of egress, fire exits) Referred to ALL emergency fire exits in a building including the path of exit travel from the point of entry onto a/n; exit stair, corridor, passageway, safe area or exterior stair on any story to the level of exit discharge through a street floor lobby and/or onto a public right of way. (i.e. the means of egress from a 7th story office space is by way of a public corridor accessing 2 interior exit stairs directly out to the street/exterior of the building) Occupancy: Classification of a building or individual tenant space/story in accordance with Occupancy Classifications referenced in applicable NYC Building Codes. The occupancy classification is used to determine whether the existing means of egress of a building is adequate and complies w/ applicable codes. Occupant Load: Refers to the maximum number of persons permitted to occupy a floor or space within a building based off occupant load factors listed in Table 1004.1.1 (2014 Code) or Table 6-2, Subchapter 6 (1968 BC). Exit Capacity: Refers to the maximum number of persons permitted to pass through an exit door, stair, corridor, or passageway. Typically calculated per unit of exit width (22 inches) complying with Table 6-1 (1968 Code) and/or BC 1005 (2014 BC). For 1968 Code Places of Assembly, refer to Table 8-1, subchapter 8. Corridors: Refers to access “hallways” or paths of egress connecting multiple tenants on any given floor. Corridors are typically enclosed with rated construction (1-2 hrs.) and the length of a corridor should be included when measuring travel distances to a means of egress. Corridors shall comply with but not limited to: BC 1018 (2014 Code) and/or §27-369 (1968 Code) Exit Passageway: Refers to an “extension” of an interior exit stair which is fully enclosed by fire rated construction and is typically related to a horizontal exit or stair crossover on a floor or story. Exit passageways are similar to corridors with more stringent regulations regarding openings and fire rated separations per §27-370 (1968 Code) and/or BC 1023 (2014 Code). Width of Egress: (unit of egress width) Refers to the min. width of egress based off the occupant load, life safety conditions, and Occupancy Classification of the building, space or floor. Each code has different egress regulations and requires alternative methods for calculating exit capacity according to BC 1005 (2014 Code) and/or §27-359, Table 6-1 (1968 Code) Travel Distance: Refers to the total measured distance from the furthest (remote) point on any given floor or demised tenant space (including dwellings) to the entry point of an exit stair, passageway, safe area, or exterior exit. Travel distances shall comply with Subchapter 6 or 8 (1968 Code) and Chapter 10 (2014 Code) and shall include the length of corridors, as required. NO. OF OCCUPANTS, EXIT CAPACITY, AND PLUMBING FIXTURES It is suggested to group min. number of required plumbing fixtures with means of egress considering they can be analyzed simultaneously based on the max. number of occupants calculated. For egress compliance, I typically use the following guideline as an Overview of Applicable Codes relative to the appropriate Project Scope. 1. 1968 Building Code for Alterations to Existing Buildings built PRIOR to 2008; or 2. NYC 2014 Building Code for new structures or alterations to existing buildings built AFTER the enactment of the 2008 Building Code. 3. Minimum number of plumbing fixtures may, at the option of the owner, be calculated based off 1968 Building Code, Reference standard 16 OR Chapter 4, NYC 2014 Plumbing Code. In my experience, the 2014 Plumbing Code is less stringent for min. number of fixtures required for Occupancy Classifications.

There are many factors to consider when analyzing egress conditions for alterations to existing Buildings, floor, or demised tenant space. Consider these steps and example egress template... EGRESS COMPLIANCE - EXIST'G BUILDNGS OCCUPANT LOAD, PLUMBING FIXTURES AND REQUIRED EXITS For Alterations of Existing Buildings, I refer to the as-built conditions of the specific floor undergoing alterations and cross reference the information with the Certificate of Occupancy on file, if available. This helps me understand whether there are any existing non-compliant (lawfully approved) conditions to identify Which Code Applies to a Project. (Refer to DOB-Filing rep. Course 206 Material for additional egress information) Complying with egress regulations for a Project Scope should consider the following: 1. 1968 Building Code for Alterations to Existing Buildings built PRIOR to 2008; or 2. 2022 Building Code for new structures or existing buildings approved and erected AFTER the enactment of the 2008 Building Code. There are many factors to consider when analyzing egress conditions for Alterations to Existing Buildings, floor, or demised tenant space. I typically follow the below steps and Example Egress Template in the pre-design phase as a general overview. Additional exit regulations apply to Places of Assembly spaces per BC 1028, 2022 Code or Subchapter 8, 1968 Code. ** The max. occupant load and number of required exits from a SPACE of a multi-tenanted floor is NOT the only factor used to determine exit requirements for the overall STORY within the building. 1. Establish the max. number of persons permitted (occupant load) Based on the Certificate of Occupancy and/or function of the space, I very occupancy loads by dividing the square footage of the area/floor by the occupant load factor listed in the appropriate code section. 2022 Building Code - Chapter 10 1968 Building Code - Subchapter 6 2. Use the established occupant load to determine number of exits required The required number of exits from the individual space AND the entire story should be analyzed separately for code compliance based on the established Occupancy Classification. At the start of a project, I use the following to assist the team in the predesign phase. Spaces (including accessory) used as offices, retail, food service, and/or education with an occupant load of LESS than 75 shall require a min. of ONE exit door. (Refer to the appropriate table for other occupancy types) ALL stories/floors shall maintain a min. of TWO remote exits within the max. required travel distances unless the building complies with the exceptions listed in BC 1021 (2022 Code) or §27-366 -Exits from floors (1968 Code) allowing buildings to maintain a single exit (i.e. 1-2 family dwellings). Regardless of whether an individual space is permitted to have one exit door, access to a min. of TWO exits (i.e. enclosed stairs) on the story/floor is still required as a safety precaution. 3, Measure and verify maximum allowable travel distances Use Table 1016.1 (2022 Code) or Table 6-1 (1968 Code) to calculate the required travel distances (from the furthest point to an exit) for the specific Occupancy Classification to verify whether egress conditions are adequate. For larger buildings that may not require additional exits based on the established occupant load, may still require additional exits if the path of travel to such exits exceed the max. allowable by code. 4. Determine required egress width and capacity of exits There are a few different ways to calculate required exit capacity and egress widths varying with each code and Project Scope. For the purpose of this eGuide, I list a few simple key points I like to follow when calculating exit width capacity from both 1968 Building Code and 2022 Building Code. Also refer to the Example Egress Template for a typical Alteration of Exiting Office Space. 2022 Code – Divide the existing or proposed door(s) width (TYP. 36” ea.) by 0.2 to determine the allowable exit capacity of the exit door. Each 36” door would allow an exit capacity of 180 persons. 2022 Code – Divide the existing or proposed exit stair(s) width (TYP. 44” ea.) by 0.3 to determine the allowable exit capacity of the exit stair. Each 44” stair would allow an exit capacity of 146 persons. 1968 Code – Calculated based off increments of 22 inches = 1 unit of width multiplied by the exit capacity listed in Table 6-1 (1968 Code). For a 36” door in an office occupancy, the exit capacity is 120 persons (1.5 units X 80 = 120). For a 44” stair in an office occupancy, the allowable exit capacity is 120 persons (2 units X 60 = 120). 1968 Code - Fractions of 12 inches or greater may increase the unit of width by an additional 0.5 units. Although a door width of 36” divided by 22” is 1.63, DO NOT multiply 1.63 by the factor listed in Table 6-1 to determine max. exit capacity. Only fractions of 0.5 shall be used. 5. Determine the min. number of plumbing fixtures required Calculating the minimum number of plumbing fixtures varies based on the overall floor/story (i.e. common toilet facilities) and/or separately for the individual tenant space. When analyzing required plumbing fixtures, I turn to the appropriate NYC 2022 Plumbing Code for compliance using the established occupant load (items 1 above) and Occupancy Classification. Although toilet facilities shall be considered “gender neutral”, facilities located within a floor or space can either be separated by gender or provided with single user toilets. However, for the purpose of calculating the min. number of fixtures required, the ratios listed in Table 403.1 (2022 Code) should be applied as follows: (See Example Egress Template for min. fixtures req. of an office occupancy) When ratios are shown separately for male and female (assembly, business occupancies), 50% of the total established occupant load shall be used to determine number of fixtures required for each gender. When a fixed ratio is shown for BOTH male and female (educational, industrial occupancies), the TOTAL established occupant load shall be used to calculate the number of fixtures required. 50% of the total number of fixtures required may then be split by gender if separate facilities are provided.

When reading through the Zoning Resolution for residential bulk regulations, consider both the underlying district and the letter suffix, where applicable. For example... ZONING BULK REGULATIONS ZONING FLOOR AREA Based on the project scope, I first determine the maximum allowable floor area for the property. This is typically calculated by multiplying the established Floor Area Ratio (FAR) by the lot area. Floor Area Ratios vary with each zoning district and/or Use Group. When reading through the Zoning Resolution for residential bulk regulations, I consider both the underlying district and the letter suffix, where applicable. For example; a R6A contextual district follows applicable R6 regulations as the underlying district. However, additional regulations for Quality Housing apply which are specific to the letter suffix “A”. Similar to contextual districts, a property that is mapped in a residential district with a commercial overlay (typically along avenues w/ retail establishments), should consider both commercial and residential bulk regulations, where applicable. There are various height and floor area limitations that may also apply depending on the proposed uses within the building. Example Zoning Summary The maximum FAR for a mixed-use building in this contextual district is the allowable FAR for a residential quality housing building of 3.00. The area of the zoning lot is approximately 2,500 sq. ft. (25 x 100), so the maximum floor area permitted is approximately 7,500 sq. ft YARDS AND LOT COVERAGE Lot coverage, as I understand it, is the view of a property from above calculated as a percentage of the overall open vs. covered areas. Residential districts usually require 30 ft rear yards, open areas and/or maximum allowable lot coverage to regulate light, air and planting intended to promote suitable living conditions. Example Zoning Summary Maximum lot coverage is 65% and 30-foot-deep rear yard is required. No front yards are required, and no side yards are required. However, if any open area extending along a side lot line is provided at any level, it shall be measure at least eight feet wide for the entire length of the side lot line. HEIGHTS AND SETBACK There are various zoning regulations to analyze for a zoning summary. 2 basic regulations to understanding the overall bulk of a new development is; (1.) the overall building height and (2.) any required street wall heights before triggering a building setback which could potentially restrict the design and use locations within the building or portions thereof. Example Zoning Summary At any elevation between 40 feet and 60 feet, a setback of 15 feet is required. A maximum allowable building height is 70 feet. Only the permitted obstructions listed in 23-62 and dormers in accordance with ZR 23-621(c)(1), may exceed the maximum base and/or maximum building height. DENSITY & QUALITY HOUSING Similar to yards and required open areas on a lot, certain districts are required to maintain quality living conditions for residences. Zoning regulates the density and number of dwelling units permitted within a building based on the total allowable floor area dividing by the density factor established in the Zoning Resolution Text. The density factor is NOT the minimum size required for dwelling units which is a common misunderstanding. Example Zoning Summary The maximum number of dwelling units shall be determined by a factor of 680 for R6 districts. For a maximum floor area of 7,500 sq. ft. a maximum of 11 dwelling units are permitted. This building is in R6A district and as such must comply with the applicable district bulk regulations set forth in Article II, Chapter 3 and since the building shall contain residences, shall also comply with the requirements of Article II, Chapter 8 (Quality Housing Program). In 2014 the Zoning Resolution enacted the Quality Housing Program requiring developments in certain residential districts to comply with additional housing regulations. When consulting on quality housing provisions, I typically advise the following as a general understanding of requirements during the pre-design phase for a residential development project. All residential dwelling units must have a minimum floor area of 325 sq. ft. and all windows located in the residential portion of a building must be double glazed. Buildings containing 9 or more dwelling units must provide, refuse storage and garbage disposal. Recreational space for tenants is required for 3.3% of the total residential floor area provided for the zoning lot, and may be located indoors or outdoors Buildings with less than 11 dwelling units may exclude 50% of the corridors from the total zoning floor area. For all new residences created, 50% of dwelling units require off-street parking and bicycle parking spaces. STREET TREES (refer to the attached ST1- Street Tree Checklist for additional info) When proposing a new development or enlargement, the planting or funding of trees may be required. I usually factor in 1 tree for each 25 linear feet of street frontage as required by the Zoning Resolution. Existing street trees may be used to comply with Street Tree provisions and may be supplemented as needed. If possible, I suggest planting new trees on the property/sidewalk. However, there is also an option to contribute into NYC’s Tree Fund regulated and approved by NYC’s Parks Department in an effort to plant required trees off-site.

Example Due-dilligence Report — expert NYC building code, zoning, DOB filing, and compliance guidance from 3C Codes. EXAMPLE PROPERTY ANALYSIS & DUE-DILLIGENCE Check out a redacted sample of a property analysis / due-diligence report requested to determine feasibility for a potential real estate investment

Learn how NYC codes apply to new buildings, existing building alterations, prior-code buildings, 1968 Code, 1938 Code, zoning, MDL, RCNY, Energy Code, and DOB filing strategy. How to Apply NYC Codes to New Buildings and Existing Building Alterations NYC code review is not a one-code exercise. The right code path depends on what you are doing, when the building was built, what was previously approved, and whether the proposed work changes use, occupancy, egress, structure, fire protection, accessibility, zoning, or building systems. A new building is usually straightforward: start with the current NYC Construction Codes. Existing buildings are where the real code work starts. For those projects, the review generally begins with the current Administrative Code and current Construction Codes, then works backward only where prior-code compliance is still permitted. At 3C Codes, the practical approach is simple: first identify the scope, then confirm the building history, then determine which current and prior-code provisions actually apply. Prior code is not a shortcut. It is a compliance tool that has to be supported by the building's approved history. Key Code Terms Code(s) All applicable NYC construction-related requirements, including the Building Code, Mechanical Code, Plumbing Code, Fuel Gas Code, Fire Code, Energy Code, Administrative Code, RCNY rules, local laws, DOB bulletins, memos, directives, and approved prior conditions. RCNY Rules of the City of New York. For DOB work, these rules often explain filing requirements, permit procedures, inspections, and compliance documentation. Zoning The NYC Zoning Resolution controls use, bulk, floor area, yards, height, parking, and other land-use requirements. Zoning is not the same thing as Building Code, but DOB filings often need to satisfy both. MDL The New York State Multiple Dwelling Law. It can apply to residential buildings with three or more dwelling units and may affect light and air, egress, occupancy, and conversion issues. 2022 NYC Construction Codes The current construction-code framework used for new construction and many alteration scopes, subject to later amendments, DOB rules, and filing-date requirements. Prior-code building An existing building erected before December 1, 2008 that was previously made to comply with earlier NYC codes, typically the 1968 Building Code or 1938 Building Code. NYC Existing Building Code A new code framework enacted in 2026 and listed by DOB as effective July 17, 2027. Until it takes effect, existing building filings should still be evaluated under the currently enforced DOB framework. Quick Answer: WHICH NYC CODE APPLIES? For new buildings and new structures, start with the current NYC Construction Codes. For existing buildings, start with the current Administrative Code and Construction Codes, then review whether the 1968 Building Code, 1938 Building Code, zoning, RCNY, Multiple Dwelling Law, DOB bulletins, prior approvals, or other laws need to be applied. For filings submitted before the NYC Existing Building Code becomes effective, existing building work should still be reviewed under the current DOB framework. The NYC Existing Building Code has been enacted, but DOB lists the effective date as July 17, 2027. Until that effective date, alterations and maintenance of existing buildings continue to be regulated by the Administrative Code and the 2022 NYC Construction Codes, with the permitted prior-code framework for qualifying prior-code buildings. Applying the Codes Overview The latest NYC Construction Codes are based on model code concepts, but New York City modifies and enforces them through its own local laws, Administrative Code, DOB rules, bulletins, and agency interpretations. That means a project may involve more than one layer of review. A simple-looking alteration can still touch zoning, energy, accessibility, fire protection, structural requirements, prior-code conditions, and DOB filing procedures. The question is usually not, "Which single code applies?" The better question is: Which code applies to this part of the work, in this building, under this approved history? That distinction matters. A pre-1968 building, a 1970s building, and a post-2008 building may all be altered today, but they may not be reviewed the same way. How to Apply NYC Codes to Existing Buildings For existing buildings, I generally start with five questions: What is the proposed scope of work? When was the building originally erected? What does the Certificate of Occupancy or approved record history say? Does the work change use, occupancy, egress, structure, fire protection, or floor area? Are there current code provisions that apply regardless of prior-code status? That sequence keeps the review grounded. It avoids jumping into the 1938 or 1968 Code too early, and it also avoids assuming that every existing condition can remain untouched. Prior Code Does Not Mean "No Current Code" This is where many filings get tripped up . A prior-code building may be allowed to keep certain lawful existing conditions, but proposed work can still trigger current requirements. That can include fire protection systems, accessibility, energy compliance, construction safety, special inspections, flood-resistant construction, structural upgrades, and DOB filing requirements. In practical DOB review, the existing condition must be legal, documented, and relevant to the proposed scope. If the work changes the condition, the applicant needs to show why the selected code path is permitted. Current and Retroactive Items to Check Energy compliance should be reviewed under the NYCECC version applicable to the filing, not simply assumed from the building's original code. For most alteration projects, do not stop at the building's original code. Also review whether the scope touches: Fuel gas, plumbing, or mechanical work Roof recovering or replacement Fire protection systems Handrails and guards Elevators, conveyors, or related equipment Special Flood Hazard Areas Accessibility Emergency or standby power systems Construction safety Parking garages or open parking lots Public right-of-way encroachments Mold protection Special inspections Energy Code compliance Materials and assemblies DOB filing, permit, and sign-off requirements Project Conditions & Typical Code Direction New building or new structure Start with the current NYC Construction Codes. Major enlargement or addition Review whether the increase triggers new-building-level compliance for all or part of the building. Existing building erected after December 2008 Alterations generally start with the current NYC Construction Codes and the approved history of the building. Existing building erected before December 2008 Start with the current Administrative Code and current Construction Codes, then review applicable 1968 Building Code provisions. Existing building erected before 1968 Review the current code framework, applicable 1968 provisions, and, where needed, 1938 Building Code provisions. Pre-1968 building with whole-building change of use or occupancy Expect a deeper review. The project may need to upgrade to a later prior-code baseline with current retroactive provisions. Existing structural work in a prior-code building Confirm whether prior-code structural compliance is available, and coordinate with a structural engineer before relying on it. Energy, flood, accessibility, fire protection, and building systems Review current applicable requirements, even when the base building is prior-code. Practical Review Sequence Confirm the scope. New building, enlargement, alteration, change of use, change of occupancy, system work, legalization, or a combination of these. Confirm the building history. Review the Certificate of Occupancy, prior approvals, construction date, applications, and DOB records. Start with the current code framework. Use the current Administrative Code and Construction Codes as the starting point. Review prior-code applicability. Apply 1968 or 1938 provisions only where the Administrative Code or approved history allows it. Document the code path clearly. DOB reviewers need to see the logic, not just the conclusion. Frequently Asked Questions Which NYC code applies to a new building? New buildings and new structures generally start with the current NYC Construction Codes, along with current zoning, Energy Code, flood, accessibility, and filing requirements. What is a prior-code building? A prior-code building is generally an existing building erected before December 1, 2008 and previously approved under an earlier NYC code, such as the 1968 Building Code or 1938 Building Code. Does NYC have an Existing Building Code? Yes. NYC has enacted an Existing Building Code, and DOB lists the effective date as July 17, 2027. Until that effective date, existing building filings should still be reviewed under the currently enforced DOB framework. When should the 1968 Building Code be reviewed? The 1968 Building Code should be reviewed when altering prior-code buildings, especially where the C of O, occupancy classifications, egress system, construction class, or approved history references 1968 Code logic. When does the 1938 Building Code matter? The 1938 Building Code may matter for pre-1968 buildings, especially where lawful existing conditions were established before the 1968 Code and where 1968 Code compliance cannot be reasonably applied without a code-supported prior-condition analysis. Do energy and flood rules still apply to existing buildings? Yes. Existing buildings can still trigger current energy and flood-resistant construction requirements depending on the proposed work. Use the NYCECC version applicable to the filing and review flood requirements where the property is in a mapped flood hazard area. Can one project be reviewed under more than one code? Yes. That is common in NYC. A single alteration may use current code for new work, prior code for lawful existing conditions, zoning for use and bulk, MDL for multiple dwellings, and RCNY/DOB rules for filing and inspections. MORE RESOURCES Need Help Confirming the Right Code Path? 3C Codes can help review the building history, identify the applicable filing path, and organize the code logic before drawings are submitted. The goal is not just to find a code section; it is to build a DOB-ready compliance strategy that matches the project scope and the building's approved history. Get Consulting

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Professional building codes & land-use consultants who maintain a positive mindset, create partnerships with a purpose, and always strive for significant outcomes. When you work with 3C Codes, you should expect a collaboration with transparency and consistency. MEET YOUR CODE SPECIALIST BOOK A CONSULTATION Marco specializes in: Building code & zoning solutions Pre-design & development consulting Construction/Project management Property due diligence & feasibility studies Construction codes & zoning Interpretations Public assembly compliance and operations Historic/Landmark designation studies On-site analysis to verify code compliance MARCO S. BURRIESCI Founder & Lead Code Specialist I’ve been a professional Building Codes & Zoning Consultant since 2008. I believe in maintaining a positive mindset, creating partnerships with a purpose, and always striving for significant outcomes. When you work with me, you should expect a collaboration with transparency and consistency. AFFILIATIONS & CERTIFICATIONS Associate AIA – American Institute of Architects NYC DOB Class 2 Code / Zoning Representative NYS Certified Code Enforcement Official ICC Certified: Commercial building Inspector Building Plan Examiner Qualifications & Background Over a decade of managerial experience as a code/zoning consultant working directly with realtors, owners, developers, design professionals and governing agencies. Expert level knowledge of building codes, zoning laws, ADA/ANSI, fire safety and municipal filing procedures for various jurisdictions. A NYS Certified Code Enforcement Official (CEO) enforcing compliance for the safety and welfare of the public. Instructor of approved continued ed. courses to educate A&E firms on NYS/NYC compliance strategies and applicability of construction codes for all types of construction projects.

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