Written by Arelis Batista
Many professionals are wondering what is/isn’t permitted (from the 1968 Building Code of the City of New York) with the onset of the new NYC Building Code which was effective July 1, 2008 and will be fully implemented July 1, 2009.
New building application filed before July 1, 2009 may use the pre 1968, 1968 or 2008 Construction code. Any application filed utilizing this code must comply with 2008 Codes requirements for administration*, enforcement* and safety*. The application cannot be filed to “lock in” the older code and then abandoned, rather, the work must commence within 12 months of the issuance of a permit and diligently carried out to completion.
New building applications filed after July 1, 2009 must comply with the 2008 Construction Code. Alteration applications may use the pre-1968, 1968 or 2008 Construction Code. These applications are precluded from using the 2008 Building Codes where the provisions applied to the specific building would result in a reduction of fire safety or structural safety. In these situations, the entire bulding may be made compliant with the 2008 Building Code in order to apply the standards.
Alteration filed using the pre-1968 or 1968 Code must comply with the 2008 Codes requirements for administration*, enforcement*, safety* operations during construction, plumbing, fuel gas, mechanical, fire protection, elevators, handicap accessibility in the event of renovations encompassing over 50% of the structure or changing the dominant use or occupancy of a structure and encroachments. As previously established, the application must be filed and diligently pursued through approval, permit and sign off.
The NYC Department of Buildings has a code compass fact sheet regarding details fo the filing requirements.
- *administration – fees, construction document approval, permit issuance, certificate of occupancy, special inspections, use of materials.
- *enforcement – violations, fines and penalties.
- *safety – 2008 building code, chapter 33.