{"data":{"id":"us-nyc/n.y.c.-admin.-code-mc-102","jurisdiction":"us-nyc","citation":"N.Y.C. Admin. Code § MC 102","heading":"Section MC 102: Applicability","body":"102.1 General.\n\nWhere 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.\n\n102.2 Existing installations.\n\nExcept 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, a mechanical system lawfully in existence on the effective date of this code.\n\n102.3 Maintenance.\n\nMechanical systems, both existing and new, and 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 this code shall be maintained in compliance with the applicable provisions under which they were installed.\n\n102.3.1 Owner responsibility.\n\nThe owner shall be responsible for maintenance of mechanical systems. To determine compliance with this provision, the commissioner shall have the authority to require existing mechanical systems to be inspected.\n\n102.4 Additions, alterations or repairs.\n\nAdditions, alterations, renovations or repairs to a mechanical system shall conform to requirements for a new mechanical system without requiring the existing mechanical system to comply with all of the requirements of this code. Additions, alterations or repairs shall not cause an existing mechanical system to become unsafe, hazardous or overloaded.\n\n102.4.1 Minor additions, alterations, renovations and repairs.\n\nMinor additions, alterations, renovations and repairs to existing mechanical 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.\n\n102.4.2 Special provisions for prior code buildings.\n\nIn addition to the requirements of Sections 102.4 and 102.4.1, the provisions of Sections 102.4.2.1 through 102.4.2.6 shall apply to prior code buildings.\n\n102.4.2.1 Fire and smoke dampers.\n\nIn cases where the building's passive fire-resistance protection design, including rated construction, corridors and fire separations, complies with 1968 or prior codes, the determination as to whether a fire or smoke damper is required shall be permitted to be made pursuant to the 1968 Building Code, or at the election of the applicant, the New York City Mechanical Code.\n\n102.4.2.2 Guards and access to roofs and elevated structures.\n\nThe provisions of Section 304.11 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.\n\n102.4.2.3 Vibration isolators for cooling towers.\n\nWhere a replacement cooling tower is installed and physical limitations prohibit compliance with the vibration isolator requirements of Section 313.3.7, such isolators may be omitted provided the devices shall comply with the New York City Noise Control Code.\n\n102.4.2.4 Noncombustible fill for cooling towers.\n\nWhere an existing exterior cooling tower with combustible fill within 15 feet (4572 mm) of the lot line is replaced, such replacement shall be permitted to have combustible fill, notwithstanding the provisions of Section 908.3.2.\n\n102.4.2.5 Seismic supports.\n\nThe 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.\n\n102.4.2.6 Wind resistance.\n\nEquipment, 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.\n\n102.5 Change in occupancy.\n\nRefer to Chapter 1 of Title 28 of the Administrative Code.\n\n102.6 Reserved.\n\n102.7 Reserved.\n\n102.8 Referenced standards.\n\nThe standards referenced herein shall be those that are listed in Chapter 15 and in the rules of the department and such standards shall be considered as 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.\n\n102.8.1 Editions of referenced standards.\n\nReferences to standards in this code shall be to the editions of those standards provided for in Chapter 15 of this code, or as otherwise provided by rule.\n\n102.9 Requirements not covered by this code.\n\nRequirements necessary for the strength, stability or proper operation of an existing or proposed mechanical system, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the commissioner.\n\n102.10 Application of references.\n\nReference 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.","path":["New York City Administrative Code","Title 28","Chapter 8: New York City Mechanical 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":"a94dd7ebefe3d1b87448eb81372c5966e3f868807ebdee9d0619e58ffd264a93","source_id":"us-nyc","stale":false,"prev":"us-nyc/n.y.c.-admin.-code-mc-101","next":"us-nyc/n.y.c.-admin.-code-mc-103"},"notice":"GroundRules: Original legal text. Not legal advice."}