{"data":{"id":"us-nyc/n.y.c.-admin.-code-bc-g106","jurisdiction":"us-nyc","citation":"N.Y.C. Admin. Code § BC G106","heading":"Section BC G106: Certificates of Occupancy","body":"G106.1 Applicability.\n\nThis section shall apply to post-FIRM construction and substantial improvements where the work results in the issuance of a new or amended certificate of occupancy.\n\nG106.2 Enclosed areas subject to flooding in A-Zones.\n\nThe certificate of occupancy shall describe all enclosed areas below the design flood elevation that are subject to flooding and that meet the requirements of this appendix for wet floodproofing as \"wet floodproofed, subject to flooding\". The certificate of occupancy shall indicate the use of wet floodproofed spaces as either parking, storage, building access or crawl spaces. The certificate of occupancy shall be issued with the following restriction: \"Levels subject to flooding shall not be used for any other use except as stated on this certificate.\"\n\nG106.3 Enclosed areas subject to flooding in coastal high-hazard areas and coastal A-Zones.\n\nThe certificate of occupancy shall describe all enclosed areas below the design flood elevation that are not dry floodproofed as \"subject to flooding\". The certificate of occupancy shall indicate the use of spaces enclosed by open lattice breakaway walls below the design flood elevation as either unconditioned parking, unconditioned storage, or unconditioned building access. The certificate of occupancy shall be issued with the following restriction: \"Levels subject to flooding shall not be used for any other use except as stated on this certificate.\"\n\nG106.4 Dry floodproofed spaces.\n\nThe certificate of occupancy shall describe any dry floodproofed spaces as \"dry floodproofed.\" Where flood shields or other flood control devices are installed, the certificate of occupancy shall also provide notations describing these features. For evacuated buildings or evacuated portions of buildings utilizing the temporary stair or ramp provisions of Section G308.10.1, the certificate of occupancy shall note: \"In portions of this building planned to be evacuated during flood conditions, occupancy shall be prohibited except for maintenance or emergency personnel.\"\n\nG106.4.1 Restrictive declaration.\n\nWhere dry floodproofed buildings contain dwelling units, patient care areas (for flood zone purposes) or spaces intended to be used by persons for sleeping purposes, the certificate of occupancy shall also provide notations as required by Section G304.1.2, Item 2.2.\n\nG106.5 Letters of map change.\n\nWhere applicable, the certificate of occupancy shall indicate that \"the structure is exempted from the special flood hazard area pursuant to FEMA Letter of Map Amendment (LOMA) # (_______),\" or that \"the structure is exempted from the special flood hazard area pursuant to FEMA Letter of Map Revision Based on Fill (LOMR-F) # (_______),\" or that \"the structure is exempted from the special flood hazard area pursuant to FEMA Letter of Map Revision (LOMR) # (_______).\"","path":["New York City Administrative Code","Title 28","Chapter 7: New York City Building Code"],"source_url":"https://files.amlegal.com/pdffiles/NewYorkCity/Admin/XML.zip","current_through":"Local Law 2026/135 (enacted August 31, 2026)","vintage":"","retrieved_at":"2026-09-06T02:48:57Z","sha256":"d2c46fb42cee70918d8b2917d9b91a1e4178fb4a3ccec2122d5f9e64a3cab1a4","source_id":"us-nyc","stale":false,"prev":"us-nyc/n.y.c.-admin.-code-bc-g105","next":"us-nyc/n.y.c.-admin.-code-bc-g107"},"notice":"GroundRules: Original legal text. Not legal advice."}
