The provisions of sections 28-118.3.1 through 28-118.3.4 shall apply to completed buildings or open lots.
Exception: The provisions of sections 28-118.3.1 and 28-118.3.2 shall not be interpreted to require an issuance of a new or amended certificate of occupancy for a change from a mercantile establishment to a business establishment, or from a business establishment to a mercantile establishment, provided all the following criteria are met:
1. Such alteration is limited to a change within the same zoning use group;
2. The maximum occupant load for the individual establishment, both as existing and proposed, does not exceed 74 persons based on occupant load calculations in accordance with Table 6-2 of the 1968 building code or Table 1004.1.3 of the New York city building code, as applicable;
3. The establishment is located on the ground floor, accessed by the public directly from the exterior of the building;
4. The establishment undergoing alteration complies or is made to comply with any other requirements that would be applicable to the alteration, including but not limited to accessibility, and fire protection requirements pursuant to sections 901.9.2 and 1101.3.1 of the New York city building code;
5. Such alteration does not require a change in the required exits. Relocation of exit doors of the same size or larger shall not constitute a change in the required exits; and
6. Such alteration does not require a change in the live load from that stated on the existing certificate of occupancy.
(Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.