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New York City · Through Local Law 2026/135 (enacted August 31, 2026)

N.Y.C. Admin. Code § EBC 202: Section EBC 202: Definitions

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Where this section sits in the code
  1. New York City Administrative Code
  2. Title 28
  3. Chapter 12: The New York City Existing Building Code (effective July 17, 2027)

1938 BUILDING CODE. See Appendix D.

1968 BUILDING CODE. The building laws and regulations in effect prior to July 1, 2008.

ALTERATION. Any construction, addition, change of use or occupancy, relocation, moving or raising of an existing building or structure for the purpose of renovation or accommodation of a new use or function.

ALTERATION, LEVEL 1. An alteration made to an existing building or structure, other than an addition, a change of occupancy or relocation, moving or raising of a building, where the work area does not exceed 50 percent of the building area. Such Level 1 Alteration shall be subject to Chapter 8.

ALTERATION, LEVEL 2. An alteration made to an existing building or structure, other than an addition, a change of occupancy or relocation, moving or raising of a building, where the work exceeds 50 percent of the building area. Such Level 2 Alteration shall be subject to Chapter 9.

ALTERATION, LIMITED. Alterations filed with the Department pursuant to Chapter 5. Such alteration shall not include any associated alteration that would otherwise require the filing of a plan by a registered design professional.

AREA, BUILDING. For the purpose of calculating work area as a percentage of building area, building area shall be calculated to include the floor area of the entire building including above and below grade stories exclusive of vent shafts and courts. All measurements shall include thickness of exterior walls.

BASEMENT (MDL 4(38)).

See Appendix D.

BSE-1N. An acronym for an earthquake type described in ASCE 41, the Basic Safety Earthquake-1 for use with the Basic Performance Objective to New Building Standards and taken as two thirds of BSE-2N at a site.

BSE-2N. An acronym for an earthquake type described in ASCE 41, the Basic Safety Earthquake-2.

BUILDING, MOVED. A building that is moved horizontally within the same lot.

BUILDING, RAISED. A building or portion thereof that is raised vertically by disconnecting it from its foundation or structural supports.

BUILDING, RELOCATED. A building or portion thereof that is relocated to a different lot on new foundation.

BUILDING, RELOCATABLE. A partially or completely assembled building constructed and designed to be reused multiple times and transported to different sites.

CELLAR (MDL 4(37)).

 See Appendix D.

CHANGE OF OCCUPANCY. A change in the use of the building or a portion of a building. A change of occupancy shall include any change of occupancy classification, any change from one group to another group within an occupancy classification or any change in use within a group for a specific occupancy classification, subject to Chapter 10.

CLASS A MULTIPLE DWELLING (MDL 4(8)). See Appendix D.

CLASS B MULTIPLE DWELLING (MDL 4(9)). See Appendix D.

CONVERTED DWELLING (MDL 4(10)). See Appendix D.

COURT (MDL 4(32)). See Appendix D.

COURT, INNER (MDL 4(32)). See Appendix D.

COURT, OUTER (MDL 4(32)). See Appendix D.

CUBICLE (MDL 4(21)). See Appendix D.

CURB LEVEL (MDL 4(33)). See Appendix D.

DANGEROUS. Any building, structure or portion thereof that meets any of the conditions described below shall be deemed dangerous:

1. The building or structure has collapsed, has partially collapsed, has moved off its foundation; is excessively leaning, bowing, or bulging; or lacks the necessary support of the ground.

2. There exists a significant risk of collapse, detachment or dislodgement of any portion, member, wall, appurtenance or ornamentation of the building or structure.

DEMAND. Loads and deflections imposed on structural elements in accordance with the load combinations of the New York City Building Code.

DEMAND CAPACITY RATIO. The numeric ratio of demand divided by the capacity of a structural system, member or connection.

DWELLING (MDL 4(4)). See Appendix D.

DWELLING UNIT. See Appendix D.

EQUIPMENT OR FIXTURE. Any plumbing, heating, electrical, ventilating, air conditioning, refrigerating and fire protection equipment; elevators, dumb waiters and escalators; and boilers, pressure vessels and other mechanical facilities or installations that are related to building services. Equipment or fixture shall not include manufacturing, production or process equipment, but shall include connections from building service to process equipment.

FACILITY (ACCESSIBILITY). For the purpose of applying the accessibility provisions, a facility is all or any portion of buildings, structures, site improvements, elements and pedestrian or vehicular routes located on a site.

FACILITY (OCCUPANCY). For the purpose of applying occupancy requirements, a facility shall mean the building or portion thereof that is occupied by 1 primary use and where spaces within such facility may change in purpose or function without changing the primary use of the facility.

FIRE ESCAPE (MDL 4(42)(c)). See Appendix D.

FIRE-RETARDED (MDL 4(29)). See Appendix D.

FIREPROOF (MDL 4(26)). See Appendix D.

FIREPROOF MULTIPLE DWELLING (MDL 4(25)). See Appendix D.

FLOOD HAZARD AREA. See Chapter 2 of the New York City Building Code.

FLOOR SPACE (MDL 4(18)). See Appendix D.

FRAME DWELLING (MDL 4(28)). See Appendix D.

FRONT/REAR WALL. An exterior masonry wall that faces a street or backyard. Typically, it has more window openings and is shorter in length than the masonry walls in the perpendicular direction. See also SIDE WALL.

GRAVITY LOAD. Gravity loads are forces resulting from the self-weight of a building and its use, including dead, live, snow, rain and ice loads.

HEIGHT (MDL 4(35)). See Appendix D.

HOME IMPROVEMENT CONTRACTOR. A person licensed to engage in the home improvement business by the Department of Consumer and Worker Protection in accordance with Subchapter 22 of Chapter 2 of Title 20 of the Administrative Code.

HOTEL (MDL 4(12)). See Appendix D.

LATERAL FORCE-RESISTING SYSTEM. Denotes structural systems specifically designated to resist loads imposed on a structure by seismic action, wind or retained earth and water.

LIMITED ALTERATION APPLICATION. Application for limited oil-burning appliance alterations, limited plumbing alterations, limited sprinkler alterations, limited standpipe alterations, limited home improvement alterations, limited window replacement alterations, limited reroofing replacement alterations or limited elevator alterations, filed with the department pursuant to Chapter 5 of this code. Such work shall not include any associated work that would otherwise require an alteration permit including, but not limited to, any construction of fire rated partitions and enclosures.

Category 1 work shall be limited to a new installation into an existing building or system. The utilization of this category shall be limited by an annual monetary cap.

Category 2 work shall include any existing system(s) or components that are replaced, repaired or altered. This category shall not be limited by a monetary cap.

Category 3 work shall include any work of an existing system that does not require mandatory department inspection and is subject to fees as determined by the department.

LIMITED ELEVATOR ALTERATIONS. An alteration to an existing elevator that is limited in scope, subject to Chapter 5 of this code.

LIMITED HOME IMPROVEMENT ALTERATIONS. An alteration to an existing one- or two-family dwelling that is limited in scope, subject to Chapter 5 of this code.

LIMITED OIL-BURNING APPLIANCE ALTERATIONS. An alteration to an oil burner/boiler system that is limited in scope and/or value, subject to Chapter 5 of this code.

LIMITED PLUMBING ALTERATIONS. An alteration to a plumbing or fuel gas piping system that is limited in scope and/or value, subject to Chapter 5 of this code.

LIMITED REROOFING ALTERATIONS. A reroofing alteration that is limited in scope, subject to Chapter 5 of this code.

LIMITED SPRINKLER ALTERATIONS. An alteration to a sprinkler system that is limited in scope and or value, subject to Chapter 5 of this code.

LIMITED STANDPIPE ALTERATIONS. An alteration to an existing combined standpipe system that is limited in scope and/or value, subject to Chapter 5 of this code.

LIMITED WINDOW REPLACEMENT ALTERATIONS. A window replacement alteration that is limited in scope, subject to Chapter 5 of this code.

LIVING ROOM (MDL 4(18)). See Appendix D.

LODGING HOUSE (LH) (MDL 4(14)). See Appendix D.

LOT LINE AIR SHAFT. An interior court enclosed by building walls except for 1 lot line, adjoined by another interior court of similar size and shape on the adjacent lot, both forming an air shaft between the two existing buildings with window openings upon this shaft that may or may not be used for light and ventilation.

MDL. See Appendix D.

MINOR ALTERATIONS. Minor changes or modifications in a building or any part thereof, excluding additions thereto, that do not in any way affect health or the fire or structural safety of the building or the safe use and operation of the service equipment therein. Minor alterations shall not include any of the work described as “work not constituting minor alterations or ordinary repairs.” Minor Alterations are subject to Section 105.3.

MULTIPLE DWELLING (MDL 4(7)). See Appendix D.

NONCOMBUSTIBLE MATERIAL. A material that, under the conditions anticipated, will not ignite or burn when subjected to fire or heat. Materials that pass ASTM E 136 are considered noncombustible materials.

NON-FIREPROOF MULTIPLE DWELLING (MDL 4(27)). See Appendix D.

ORDINARY REPAIRS. Replacements or renewals of existing work in a building, or of parts of the service equipment therein, with the same or equivalent materials or equipment parts that are made in the ordinary course of maintenance and that do not in any way affect health or the fire or structural safety of the building or the safe use and operation of the service equipment therein. Ordinary repairs shall include the repair or replacement of any plumbing fixture, piping or faucets from any exposed stop valve to the inlet side of a trap. Ordinary repairs shall not include any of the work described as “work not constituting minor alterations or ordinary repairs.” Ordinary repairs are subject to Section 105.3.

ORDINARY PLUMBING WORK. The installation, relocation, repair and removal of certain plumbing work that may be performed without a permit provided the licensed plumber provides the department with monthly reports of work performed in accordance with Section 105.3.1.2.

PRIMARY FUNCTION. A primary function is a major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the customer services lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public accommodation or other private entity using the facility are carried out. Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, corridors and restrooms are not areas containing a primary function.

PRIOR CODE BUILDING OR STRUCTURE. A building or structure that is subject to Exception 1 or 2 of Section 28-101.4 of the Administrative Code.

PUBLIC HALL (MDL 4(17)). See Appendix D.

PUBLIC ROOM OR PART (MDL 4(17)). See Appendix D.

PUBLIC VESTIBULE (MDL 4(17)). See Appendix D.

REAR WALL. See FRONT/REAR WALL.

REAR YARD (MDL 4(32)). See Appendix D.

REPAIR. The reconstruction or renewal of any part of an existing building for the purpose of its maintenance or to correct damage.

REROOFING. The process of recovering or replacing an existing roof covering. See “Roof recover” and “Roof replacement.”

ROOF RECOVER. The process of installing an additional roof covering over a prepared existing roof covering without removing the existing roof covering.

ROOF REPAIR. Reconstruction or renewal of any part of an existing roof for the purposes of its maintenance.

ROOF REPLACEMENT. The process of removing the existing roof covering, repairing any damaged substrate and installing a new roof covering.

ROOMING HOUSE, FURNISHED ROOM HOUSE (MDL 4(13)). See Appendix D.

SIDE WALL. An exterior masonry wall that is not the front or rear wall.

SINGLE ROOM OCCUPANCY (MDL 4(16)). See Appendix D.

SMOKE-STOP DOOR. A door or set of doors placed in a corridor to restrict the spread of smoke and to retard the spread of fire by reducing draft.

STORY (MDL 4(36)). See Appendix D.

STREET WALL (MDL 4(34)). See Appendix D.

STRUCTURAL ALTERATION. Work performed on a structural element or that increases the loading on a structural element in an existing building.

STRUCTURAL ELEMENT. Any member or portion of a building structure or non-building structure, or its connections or foundations, that resist structural loads defined in Chapter 16 of the New York City Building Code.

SUBSTANTIAL DAMAGE. See Chapter 2 of the New York City Building Code.

SUBSTANTIAL IMPROVEMENT. See Chapter 2 of the New York City Building Code.

TECHNICALLY INFEASIBLE. An alteration of a facility that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load-bearing member that is an essential part of the structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features that are in full and strict compliance with the minimum requirements for new construction and that are necessary to provide accessibility.

TENEMENT (MDL 4(11)). See Appendix D.

TENEMENT, NEW LAW (NL) (MDL 4(11)). See Appendix D.

TENEMENT, OLD LAW (OL) (MDL 4(11)). See Appendix D.

UNSAFE. Buildings, structures or equipment that are unsanitary; that are deficient due to inadequate means of egress facilities, inadequate light and ventilation; that constitute a fire hazard; in which the structure or individual structural members meet the definition of “Dangerous”; that are otherwise dangerous to human life or the public welfare; or that involve illegal or improper occupancy or inadequate maintenance shall be deemed unsafe. A vacant structure that is not secured against entry shall be deemed unsafe.

WORK AREA. That portion or portions of a building consisting of all reconfigured spaces as indicated on the construction documents and described in Chapter 6.

Collected 2026-09-06T02:48:57Z. Source file · JSON

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