{"data":{"id":"us-nyc/n.y.c.-admin.-code-ebc-d104","jurisdiction":"us-nyc","citation":"N.Y.C. Admin. Code § EBC D104","heading":"D104 Applicability of other requirements.","body":"The applicability of other laws and requirements shall be in accordance with Sections D104.1 through D104.3.\n\nD104.1 Applicability of other provisions of this code.\n\nIn addition to this appendix, the alteration, addition, repair, change of occupancy, and relocation of existing multiple dwellings shall comply with all applicable provisions of Chapters 1 through 15.\n\nD104.2 Existing conditions.\n\nThe provisions of the 1938 Building Code and 1968 Building Code remain applicable to the extent that they establish the lawful existing conditions of a multiple dwelling, and such provisions remain enforceable by the department, absent a lawful permit issued by the department to alter the building in accordance with the New York City Existing Building Code and this appendix in a manner inconsistent with such prior codes.\n\nD104.3 Applicability of the MDL.\n\nThe provisions of this code including this appendix incorporate or supplement but do not abrogate any applicable provisions of the MDL. See Section D104.3.1 for provisions of the MDL that are hereafter inapplicable to alterations and conversions for all multiple dwellings. See Section D101.1 regarding the intent of this appendix with respect to the MDL.\n\nD104.3.1 Provisions inapplicable to alterations.\n\nIn accordance with MDL Section 3(11), the following provisions of the MDL are inapplicable for all alterations and conversions performed after the effective date of the local law that added this section, and the applicable requirements of this code shall apply in lieu thereof:\n\n1. Section 4(25), definition of “fireproof multiple dwelling”\n\n2. Section 4(27), definition of “non-fireproof dwelling”\n\n3. Section 4(28), definition of “frame dwelling”\n\n4. Section 4(35)(c), definition of “height” for certain fireproof multiple dwellings\n\n5. Section 4(36), definition of “story”\n\n6. Section 4(39), definition of “section”\n\n7. Section 28(3), certain passageways\n\n8. Section 36, “Windows and skylights for public halls and stairs”\n\n9. Section 37, “Artificial hall lighting”\n\n10. Section 50, “Entrance halls”\n\n11. Section 51, “Shafts, elevators and dumbwaiters”\n\n12. Section 52, “Stairs”\n\n13. Section 53, “Fire-escapes”\n\n14. Section 55, “Wainscoting”\n\n15. Section 60, “Motor vehicle storage”\n\n16. Section 61, “Business Uses”\n\n17. Section 67, “Hotels and certain other class A and class B buildings”\n\n18. Section 75(1), (2), (4), and (5), “Water supply”\n\n19. Article 4, Sections 101 through 117, “Fireproof Multiple Dwellings”\n\n20. Article 5, “Non-fireproof Multiple Dwellings”\n\n21. Article 5-A, “Garden-type Maisonette Dwelling Projects”\n\n22. Article 6, “Converted Dwellings”\n\nD104.3.1.1 Existing conditions.\n\nThe provisions of the MDL enumerated in Section D104.3.1 remain applicable to the extent that they establish the lawful existing conditions of a multiple dwelling. Such provisions remain enforceable by the department, absent a lawful permit issued by the department to alter the building in a manner inconsistent with such provisions and in accordance with the New York City Existing Building Code and this appendix.\n\nD104.3.2 Provisions applicable to alterations (MDL 3(5)).\n\nAll provisions of the MDL not enumerated in Section D104.3.1 remain applicable to alterations to multiple dwellings as described in this section. Whenever a requirement of the New York City Existing Building Code is more restrictive, the New York City Existing Building Code shall govern and take precedence over any lesser requirements of the MDL. When, however, any applicable provisions of the MDL impose more restrictive requirements, the provisions of the MDL shall govern. See Section D101.1 regarding the intent of this appendix with respect to the MDL.","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":"df3df9f6aba89b3dde8d3fd64885e5cfa502d095a344b139537fa986d0f6feb8","source_id":"us-nyc","stale":false,"prev":"us-nyc/n.y.c.-admin.-code-ebc-d103","next":"us-nyc/n.y.c.-admin.-code-ebc-d105"},"notice":"GroundRules: Original legal text. Not legal advice."}