N.Y.C. Admin. Code § EBC 101: Section EBC 101: General

101.1 Title.

This code shall be known and may be cited as the “New York City Existing Building Code,” “NYCEBC” or “EBC.” All section numbers in this code shall be deemed to be preceded by the designation “EBC.”

101.2 Scope.

The provisions of this code shall apply to the repair, alteration, change of occupancy, addition to and relocation of existing buildings.

101.3 Intent.

The intent of this code is to provide minimum standards to safeguard life or limb, health, property, public welfare and the environment insofar as they are affected by the repair, alteration, change of occupancy, addition and relocation of existing buildings. Refer to Chapter 1 of Title 28 of the Administrative Code

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101.4 Applicability.

In accordance with Section 101.2, this code shall apply to the repair, alteration, change of occupancy, addition to and relocation of existing buildings as described in Sections 101.4.1 and 101.4.2.

101.4.1 Buildings not previously occupied.

A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall be permitted to comply with the provisions of the laws in existence on the date of issuance of the original permit for the construction of the building or portion of the building unless such permit has expired pursuant to Section 28-105.9 of the Administrative Code

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101.4.2 Buildings previously occupied.

The legal occupancy of any existing building or structure, including the use of any service equipment therein, shall be permitted to continue without change, unless a retroactive change is specifically required by Section 119 of this code, Chapter 3 of Title 28 of the Administrative Code, or other applicable laws and rules or as deemed necessary by the commissioner for the general safety and welfare of the occupants and the public.

101.4.2.1 Compliance of prior code buildings with the applicable retroactive requirements of the 1968 building code.

In addition to the retroactive requirements described in Section 101.4.2, prior code buildings must comply with the applicable retroactive requirements of the 1968 building code and prior codes, including those requiring the installation of fire safety and building safety systems and the filing of reports verifying compliance of such installations by the specified dates. A violation of such provisions shall be a violation of this code.

101.4.2.2 Change in use or occupancy.

Changes in the use or occupancy of any existing building shall comply with Chapter 10. 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 or other applicable codes, laws and regulations, but which was permitted under prior codes, to another use prohibited by the provisions of this code shall be deemed a violation of this code.

101.4.2.3 Alteration of existing buildings.

Alteration of existing buildings shall comply with Chapters 5 through 15, as applicable. Alteration of multiple dwellings, including conversion of prior code buildings to multiple dwellings, shall also comply with Appendix D.

101.4.2.4 Continuation of unlawful use or occupancy.

The continuation of the unlawful use or occupancy of a building or structure contrary to the provisions of this code, or contrary to the provisions of prior codes or other applicable law or rule, shall be a violation of this code.

101.5 Administration and enforcement.

Except as otherwise limited by the commissioner, administration and enforcement actions shall be in accordance with this code and the Administrative Code, including but not limited to approval of construction documents, issuance of permits and certificates of occupancy, tests and inspections, penalties and enforcement.

101.6 Safeguards during construction.

Construction work covered in this code, including any related demolition, shall be governed by Chapter 33 of the New York City Building Code and the requirements of Chapter 15 of this code.

101.7 Encroachments into the public right of way.

Encroachments into the public right of way shall be governed by Chapter 32 of the New York City Building Code

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101.8 Appendices.

The appendices referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.