{"data":{"id":"us-nyc/n.y.c.-admin.-code-ebc-1001","jurisdiction":"us-nyc","citation":"N.Y.C. Admin. Code § EBC 1001","heading":"Section EBC 1001: General","body":"1001.1 Scope.\n\nThe provisions of this chapter shall apply where a change of occupancy occurs, as defined in Section 202, and as described in this chapter.\n\n1001.2 Certificate of occupancy.\n\nA change of occupancy of a building or space shall not be made without the approval of the department. A certificate of occupancy shall be issued for a change of occupancy when required by Section 28-118 of the Administrative Code.\n\n1001.3 Change of occupancy.\n\nAs used in this chapter, the term “Change of Occupancy” shall include:\n\n1. A change of occupancy classification. This includes a change from 1 Group to another Group (for example: B to E, A-2 to B, R-1 to R-2, or A-3 to A-1)\n\n2. A change of use within the same Occupancy Group, which shall mean:\n\n1.1. A change that requires compliance with different code requirements.\n\n1.2. A change that triggers more restrictive fire protection requirements.\n\n1.3. A change of how a space is being used within a facility.\n\n1001.4 Compliance.\n\nWhere a building or portion thereof is subject to a change of occupancy as described in Section 1001.3, such building or portion thereof shall comply with Sections 1001.4.1 and 1001.4.2.\n\n1001.4.1 Change of occupancy classification.\n\nWhere the occupancy classification of a building or portion thereof is changed, the provisions of Sections \n\t\t\t\t\t\t\t\t\t\t\t\t\t1002\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t through \n\t\t\t\t\t\t\t\t\t\t\t\t\t1012\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t shall apply to such change.\n\n1001.4.2 A change of use within the same Occupancy Group.\n\nWhere the use of a building or space is changed to a different use within the same Occupancy Group that requires compliance with different code requirements, such building or space shall comply with the applicable provisions of Sections 1002 to 1012 and Chapters 8 or 9 as applicable. For the purposes of complying with Chapters 8 or 9, work area shall be considered that portion of the building subject to change.\n\n1001.5 Existing buildings within the fire districts.\n\nA change of occupancy of an existing building within the fire district shall not be made unless such change is permitted in the fire district for the building construction type. A change of occupancy to Group H-1 is prohibited within fire districts.","path":["New York City Administrative Code","Title 28","Chapter 12: The New York City Existing Building Code (effective July 17, 2027)"],"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":"5e282a79a04eb6d6fc875a5a476285c209f17960f8d8fe2daa2ee497c8d010c9","source_id":"us-nyc","stale":false,"prev":"us-nyc/n.y.c.-admin.-code-ebc-912","next":"us-nyc/n.y.c.-admin.-code-ebc-1002"},"notice":"GroundRules: Original legal text. Not legal advice."}
