Article 101: General

§ 28-101.1 Title.

Editor's note: this section has been amended by L.L. 2024/128, 12/21/2024, eff. 12/21/2025. For related unconsolidated provisions, see Appendix A at L.L. 2024/128.

The provisions of this chapter shall apply to the administration of the codes set forth in this title and the 1968 building code. This title shall be known and may be cited as the "New York city construction codes" and includes:

   The New York city plumbing code.
   The New York city building code.
   The New York city mechanical code.
   The New York city fuel gas code.
   The New York city energy conservation code.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/085 and L.L. 2024/128.

§ 28-101.2 Intent.

The purpose of the New York city construction codes is to provide reasonable minimum requirements and standards, based upon current scientific and engineering knowledge, experience and techniques, and the utilization of modern machinery, equipment, materials, and forms and methods of construction, for the regulation of building construction in the city of New York in the interest of public safety, health, welfare and the environment, and with due regard for building construction and maintenance costs.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2010/049.

§ 28-101.3 Codes.

Any reference in this title to "this code" or "the code" shall be deemed to be a reference to this title and all of the codes comprising the New York city construction codes unless the context or subject matter requires otherwise. Whenever a section or subsection of this code is cited or referred to, subordinate consecutively numbered sections and subsections of the cited provision are deemed to be included in such reference unless the context or subject matter requires otherwise.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008.

§ 28-101.3.1 Occupancy classifications in prior codes.

With regard to prior code buildings, references to occupancy classifications in this code shall be deemed to refer to the equivalent occupancy classification under the 1968 or prior building codes.

§ 28-101.4 Effective date.

Except as otherwise provided in sections 28-101.4.1, 28-101.4.2, 28-101.4.3, 28-101.4.4, and 28-101.4.5, on and after July 1, 2008, all work shall be performed in accordance with the provisions of this code.

(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.

§ 28-101.4.1 Permit issued or work commenced prior to July 1, 2008.

If a permit for work was issued prior to July 1, 2008 or, if no permit was necessary, work was commenced prior to July 1, 2008, all of the provisions of chapter 1 of title 27 of the administrative code as heretofore in effect shall apply to such work.

§ 28-101.4.2 Applications for construction document approval submitted prior to and within twelve months after July 1, 2008.

Any work for which an application for construction document approval was submitted to the department prior to July 1, 2008 and not thereafter abandoned, or for which an application for construction document approval is submitted to the department within a period of twelve months after such date may, at the option of the owner, be performed in its entirety in accordance with the provisions of this code, or in accordance with the 1968 building code, provided that such work is commenced within twelve months after the date of issuance of a permit therefor and is diligently carried on to completion. The commissioner may, for good cause, extend the time period for commencement of the work beyond 12 months. Where the owner elects to perform the work in compliance with the 1968 building code, the following conditions shall apply:

   1.   Except as otherwise limited by the commissioner, administration and enforcement of the 1968 building code shall be in accordance with this code, including but not limited to approval of construction documents, issuance of permits and certificates of occupancy, tests and inspections, penalties and enforcement. Controlled inspections and semi-controlled inspections as referenced in the 1968 building code shall be deemed to be special inspections and shall comply with the provisions of this code relating to special inspections. Materials regulated in their use by the 1968 building code shall be subject to applicable provisions of this code.

   2.   Safety of public and property during construction operations including demolition shall be governed by chapter 33 of the New York city building code.

(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.