N.Y.C. Admin. Code § FGC 102: Section FGC 102: Applicability

102.1 General.

Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where, in a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

102.2 Existing installations.

Except as otherwise provided for in this chapter or elsewhere in this code, a provision in this code shall not require the removal, alteration or abandonment of, nor prevent the continued utilization and maintenance of, existing installations lawfully in existence on the effective date of this code.

102.2.1 Existing buildings.

Additions, alterations, renovations or repairs related to building or structural issues shall be governed by Chapter 1 of Title 28 of the Administrative Code, the New York City Building Code and the 1968 Building Code, as applicable.

102.3 Maintenance.

Installations, both existing and new, and parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe condition. Devices or safeguards that are required by this code shall be maintained in compliance with the applicable provisions under which they were installed.

102.3.1 Owner responsibility.

The owner or the owner's designated agent shall be responsible for maintenance of installations. To determine compliance with this provision, the commissioner shall have the authority to require an existing installation to be inspected.

102.4 Additions, alterations or repairs.

Additions, alterations, renovations or repairs to installations shall conform to that required for new installations without requiring the existing installation to comply with all of the requirements of this code. Additions, alterations or repairs shall not cause an existing installation to become unsafe, hazardous or overloaded.

102.4.1 Minor additions, alterations, renovations and repairs.

Minor additions, alterations, renovations and repairs to existing installations 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.

102.4.2 Special provisions for prior code buildings.

In addition to the requirements of Sections 102.4 and 102.4.1, the provisions of Sections 102.4.2.1 through 102.4.2.4 shall apply to prior code buildings.

102.4.2.1 Fuel gas piping in prohibited locations.

For prior code buildings, the replacement of existing fuel gas piping in the same locations shall not be subject to Section 404.3 when approved by the commissioner.

102.4.2.2 Guards and access to roofs and elevated structures.

The provisions of Section 306.6 relating to guards and Section 306.5 relating to permanent means of access shall not apply where the equipment or appliances replace existing equipment or appliances in the same location.

102.4.2.3 Seismic supports.

For prior code buildings, the determination as to whether seismic requirements apply to an alteration shall be made in accordance with the 1968 Building Code and interpretations by the department relating to such determinations. Any applicable seismic loads and requirements shall be permitted to be determined in accordance with Chapter 16 of the New York City Building Code or the 1968 Building Code and Reference Standard RS 9-6 of such code.

102.4.2.4 Wind resistance.

For prior code buildings, equipment, appliances and supports that are exposed to wind shall be designed and installed to resist the wind pressures determined in accordance with Chapter 16 of the New York City Building Code.

102.5 Change in occupancy.

Refer to Chapter 1 of Title 28 of the Administrative Code.

102.6 Reserved.

102.7 Reserved.

102.8 Referenced standards.

The standards referenced in this code shall be those that are listed in Chapter 8 and in the rules of the department and such standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Refer to Article 103 of Chapter 1 of Title 28 of the Administrative Code for additional provisions relating to referenced standards.

102.8.1 Editions of referenced standards.

References to standards in this code shall be to the editions of those standards provided for in Chapter 8 of this code, or as otherwise provided by rule.

102.9 Requirements not covered by code.

Requirements necessary for the strength, stability or proper operation of an existing or proposed installation, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the commissioner.

102.10 Application of references.

Reference to chapter section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.