N.Y.C. Admin. Code § EBC 1102: Section EBC 1102: Heights and Areas

1102.1 Height limitations.

No addition shall increase the height of an existing building beyond that permitted under the applicable provisions of Chapter 5 of the New York City Building Code for new construction.

1102.2 Area limitations.

No addition shall increase the area of an existing building beyond that permitted under the applicable provisions of Chapter 5 of the New York City Building Code for new construction unless fire separation, as required by the New York City Building Code, is provided.

Exception: In-filling of floor openings and non-occupiable appendages, such as elevator and exit stairway shafts, shall not be included in determining the floor area as set forth in Chapter 5 of the New York City Building Code.

1102.3 Fire areas.

Existing fire areas increased by the addition shall comply with Chapter 9 of the New York City Building Code.

1102.4 Additions made to certain multiple dwellings.

Vertical and horizontal additions made to multiple dwellings erected in accordance with the law in effect before December 6, 1968, shall also comply with the applicable provisions of Chapters D5, D6, and D7 of Appendix D.

1102.5 Existing buildings within the fire district.

In accordance with Section 302.6 and Appendix D of the New York City Building Code, an existing building shall not hereafter be increased in height or area unless it is of a type of construction permitted for new buildings within the fire district or altered to comply with the requirements for such type of construction. Nor shall any existing building be hereafter extended on any side, nor square footage or floors added within the existing building, unless such modifications are of a type of construction permitted for new buildings within the fire district.

Exceptions:

1. Existing one- and two-family dwellings of a type of construction not permitted in the fire district can be extended by 25 percent of the floor area existing at the time the building was included in the fire district. Such extension shall be of any type of construction permitted by the New York City Building Code.

2. Prior code one- and two-family dwellings of construction class VA may be enlarged to a maximum height of 50 feet (15.2 m) or 4 stories, whichever is less, and a maximum area of 5,000 square feet (465 m

2

) per floor, where such building is protected with a sprinkler system and smoke alarm system in compliance with Chapter 9 of the New York City Building Code.