N.Y.C. Admin. Code § EBC 302: Section EBC 302: General Provisions

302.1 Applicability.

The provisions of Sections 302 through 314 shall apply to all repairs, alterations, additions, and relocations of buildings and structures and changes of occupancy.

302.2 Additional codes.

Repairs, alterations, additions and changes of occupancy to, or relocation of existing buildings and structures shall comply with the provisions for repairs, alterations, additions and changes of occupancy or relocation of buildings, respectively, in this code and the New York City Building Code, New York City Energy Conservation Code, New York City Fuel Gas Code, New York City Mechanical Code, New York City Plumbing Code and New York City Electrical Code. Where provisions of such other codes conflict with provisions of this code, the provisions of this code shall take precedence.

302.3 Existing materials.

Materials already in use in a building in compliance with requirements or approvals in effect at the time of their erection or installation shall be permitted to remain in use unless determined by the commissioner to be unsafe.

302.4 New and replacement materials, assemblies and details.

Except as otherwise required or permitted by this code, materials, assemblies, and details permitted by the New York City Construction Codes shall be used. Hazardous materials, assemblies and details shall not be used where the requirements of the New York City Construction Codes applicable to new construction would not permit their use in buildings of similar occupancy, purpose and location. New or replacement materials for buildings and spaces located below the design flood elevation in flood hazard areas shall be governed by Appendix G of the New York City Building Code.

Exception: For partial and restorative repairs, where such repairs are necessitated by deteriorating façade or roof conditions and are required by the New York City Construction Codes, like materials, assemblies and details are permitted if no unsafe condition is created and the registered design professional determines that compliance with the New York City Energy Conservation Code would overload or burden building systems or lead to unsafe conditions such as freeze-thaw cracking, blockage of a cavity, condensation, or mold. Insulation where present shall be restored in kind, and additional insulation need not be added to the repaired assembly as may be required by the New York City Energy Conservation Code, if the aforementioned negative conditions would be created. This exception applies to partial and restorative repairs, and not to whole building or full elevation replacement, which would require compliance with Chapter 4 of the New York City Energy Conservation Code.

302.5 Occupancy and use.

When determining the appropriate application of the referenced sections of this code, the occupancy and use of a building shall be determined in accordance with Chapter 3 of the New York City Building Code.

302.5.1 Occupancy classification in prior code buildings.

For prior code buildings, the prior codes’ occupancy classifications shall be translated into occupancy classifications established by Chapter 3 of the New York City Building Code.

302.6 Existing buildings in fire districts.

Alterations, additions, changes of use or occupancy and relocations of existing buildings inside the fire district, as described in Appendix D of the New York City Building Code, shall be subject to Chapter 6 of the New York City Building Code, and Sections 302.6.1 and 302.6.2 and other applicable provisions of this code.

302.6.1 Group H-1 prohibited.

New Group H-1 occupancies shall be prohibited within the fire district. Change of occupancy classification to, or enlargement of, Group H-1 occupancies shall be prohibited within the fire district.

302.6.2 Changes to buildings.

An existing building shall not be hereafter altered, increased in height or area, changed to a new use or occupancy, relocated or moved into the fire district unless such building is of a type of construction permitted for new buildings within the fire district in accordance with the New York City Building Code and Chapters 8, 9, 10, 11 and 14 of this code.

302.7 Work that increases floor surface area of an existing building by more than 110 percent.

Where proposed work at the completion of construction will increase the amount of floor surface area of an existing building by more than 110 percent over the amount of existing floor surface area, such entire building shall be made to comply with the provisions of the New York City Building Code as if it were a new building hereafter erected.

302.7.1 Floor surface area to remain.

For the purpose of determining the amount of existing floor surface area to remain, the following shall be excluded from the measured square footage:

1. The square footage of floors or portions thereof removed during the course of the work when such floors are removed together with the supporting beams, joists, decking and slabs on grade.

2. The square footage of floors or portions thereof installed together with the supporting beams, joists, decking and slabs on grade less than 12 months prior to submission of the application for construction document approval for the proposed work including floors installed pursuant to a work permit signed off less than 12 months before such submission.

302.7.2 Calculation of increase in floor surface area.

To determine the percentage by which the floor surface area is increased, the following formula shall be used:

I = (FSA

P

– FSA

R

) / FSA

R

x 100

(Equation 3-1)

where:

I = percent increase in floor surface area.

FSA

P

= floor surface area proposed upon completion.

FSA

R

= floor surface area to remain after removals.

302.7.2.1 Chapters 8, 9 and 11.

Where a Level 1 alteration, Level 2 alteration or addition made to an existing building results in an increase in floor surface area of more than 110 percent, such building shall comply with Section 302.7.

302.7.3 Changes in scope of work.

In cases where changes in the scope of work during the course of construction would result in increasing the floor surface area at the completion of construction by more than 110 percent over the amount of existing floor surface area as determined pursuant to Section 302.7, such entire building shall be made to comply with the provisions of the New York City Building Code as if hereafter erected and such work shall be refiled in accordance with Section 28-105.2 of the Administrative Code.

302.7.4 Definitions.

The following term shall have the following meaning unless the context or subject matter requires otherwise:

FLOOR SURFACE AREA.

For the purpose of calculating floor surface area in accordance with Section 302.7, floor surface area is the gross square foot area of all floor and roof surfaces, including roofs of bulkheads and superstructures, of a building or structure at any level, including cellar, attic and roof. Where such surfaces are sloped, the measurement shall be the horizontal projected area thereof.

302.7.5 Effect on zoning resolution.

The provisions of Section 302.7 shall not be construed to affect the status of any nonconforming use or non-complying bulk otherwise permitted to be retained pursuant to the New York City Zoning Resolution.

302.8 Applicability of previous codes.

Codes in effect prior to November 7, 2022, shall not apply to work on an existing building filed after the effective date of this code.

Exceptions:

1. Existing conditions. The provisions of codes in effect prior to November 7, 2022, remain applicable to the extent they establish the lawful existing conditions of a building, and such provisions remain enforceable by the department. Any alteration to change such existing conditions shall be in accordance with a lawful permit issued by the department to alter the building in accordance with this code.

2. Retroactive provisions of the 1968 building code. Retroactive provisions of the 1968 building code remain applicable to existing prior code buildings and enforceable by the department.

302.9 Mechanical, fuel gas, plumbing and fire protection systems.

Except as permitted by this code, alterations, additions or repairs to installations of mechanical, fuel gas, plumbing or fire protection systems shall conform to the requirements for new construction without requiring the existing installation to comply with all of the requirements of the New York City Construction Codes applicable to new systems. Alterations, additions, or repairs shall not cause an existing installation to become unsafe, hazardous, or overloaded.

302.9.1 Minor additions, alterations, renovations and repairs.

Except as permitted by this code, minor additions, alterations, renovations and repairs to existing installations of mechanical, fuel gas, plumbing and fire protection systems shall meet the provisions for new construction, unless such work is done in the same manner and arrangement as was in the existing system, is not hazardous and is approved.

302.9.2 Maintenance.

Installations of mechanical, fuel gas, plumbing and fire protection systems or parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe and sanitary condition. Devices or safeguards that are required by the New York City Construction Codes shall be maintained in compliance with the applicable provisions under which they were installed.

302.9.3 Compliance with structural requirements.

Installations of mechanical, fuel gas, plumbing, and fire protection systems and parts thereof shall comply with Section 307.2.

302.9.4 Required insulation of certain concealed piping exposed during alteration or repair.

Where concealed existing piping is exposed in the course of the alteration or repair of a building, the owner of the building shall provide for the insulation of the exposed piping. The exposed piping shall be insulated to the extent required by the New York City Energy Conservation Code for newly installed pipe of the same specifications and serving the same function as the exposed pipe. The entire exposed length of the piping shall be insulated as well as any further length of concealed pipe that can be directly accessed through openings made in the course of such alteration or repair.

Exceptions:

1. Exposed pipe with one-inch (25-mm) thick continuous coverage of existing insulation in good condition.

2. Where the length of concealed pipe which may be directly accessed through openings made in the course of such alteration or repair is less than 3 feet (914 mm).

3. Where there is not sufficient space to insulate pipes to the extent required by the

New York City Energy Conservation Code

due to conflicts with existing construction, pipes shall be insulated to the extent that space allows.

302.9.5 Work that increases sanitary or stormwater load.

Work that increases either the sanitary load or stormwater discharge of a plumbing system shall comply with Sections 310.8 and 310.9 of this code.

302.10 Flood hazard areas.

Alterations, additions, changes of occupancy and relocation, moving or raising of existing buildings in flood hazard areas shall comply with the requirements of Appendix G of the New York City Building Code to the extent required therein.

302.10.1 Flood hardening.

Work performed for the purposes of flood hardening shall comply with Appendix G of the New York City Building Code.

302.11 Special inspections.

Work subject to special inspection shall comply with the applicable provisions of Chapter 17 of the New York City Building Code.