Change of Occupancy

NYC Admin. Code tit. 28, ch. 12, art. The New York City Existing Building Code, ch. 10

in effect

NYC Existing Building Code § EBC 1001 General

Section EBC 1001: General 1001.1 Scope. The provisions of this chapter shall apply where a change of occupancy occurs, as defined in Section 202, and as described in this chapter. 1001.2 Certificate of occupancy. A 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. 1001.3 Change of occupancy. As used in this chapter, the term “Change of Occupancy” shall include: 1. 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) 2. A change of use within the same Occupancy Group, which shall mean: 1.1. A change that requires compliance with different code requirements. 1.2. A change that triggers more restrictive fire protection requirements. 1.3. A change of how a space is being used within a facility. 1001.4 Compliance. Where 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. 1001.4.1 Change of occupancy classification. Where the occupancy classification of a building or portion thereof is changed, the provisions of Sections 1002 through 1012 shall apply to such change. 1001.4.2 A change of use within the same Occupancy Group. Where 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. 1001.5 Existing buildings within the fire districts. A 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.

NYC Existing Building Code § EBC 1002 Special Use and Occupancy

Section EBC 1002: Special Use and Occupancy 1002.1 Compliance with Chapter 4 of the New York City Building Code. Where the character or use of an existing building or part of an existing building is changed to a special use or occupancy category subject to Chapter 4 of the New York City Building Code, such building, or part thereof, shall comply with all of the applicable requirements of Chapter 4 of the New York City Building Code. 1002.2 Incidental use areas. Where the use of a space is changed to 1 of the incidental uses listed in Table 509 of the New York City Building Code, such change shall be subject to Section 509 of the New York City Building Code.

NYC Existing Building Code § EBC 1003 Building Elements and Materials

Section EBC 1003: Building Elements and Materials 1003.1 General. Building elements and materials in portions of buildings undergoing a change of occupancy classification shall comply with this section. 1003.2 Heights and areas. Hazard categories with regard to height and area shall be in accordance with Table 1003.2. Table 1003.2 Heights and Areas Hazard Categories RELATIVE HAZARD OCCUPANCY CLASSIFICATIONS 1 (Highest Hazard) H 2 A-1, A-2, A-3, A-4, I, R-1, R-2 3 E, F-1, S-1, M 4 (Lowest Hazard) B, F-2, S-2, A-5, R-3, U 1003.2.1 Height and area for change to higher hazard category. When a change of occupancy classification is made to a higher hazard category (lower number) as shown in Table 1003.2, heights and areas of buildings and structures shall comply with the requirements of Chapter 5 of the New York City Building Code for the new occupancy classification. Exception: For high-rise buildings constructed pursuant to building codes in existence prior to the effective date of the 2014 New York City Construction Codes, and are equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 of the New York City Building Code, the fire-resistance rating of the existing building elements that were allowed to be reduced in accordance with Table 601 of the New York City Building Code may be maintained. However, any proposed change to the construction classification of the building or fire-resistance rating of the building elements shall be made to comply with Section 403.2.1 of the New York City Building Code. 1003.2.1.1 Fire wall alternative. In groups other than Groups H, F-1, and S-1, fire barriers and horizontal assemblies constructed in accordance with Sections 707 and 711 of the New York City Building Code shall be permitted to be used in lieu of fire walls to subdivide the building into separate buildings for the purpose of complying with the area limitations required for the new occupancy where all of the following conditions are met: 1. The buildings are protected throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 of the New York City Building Code; 2. The maximum allowable area between fire barriers, horizontal assemblies, or any combination thereof shall not exceed the maximum allowable area determined in accordance with Chapter 5 of the New York City Building Code without an increase allowed for an automatic sprinkler system in accordance with Section 506 of the New York City Building Code; and 3. The fire-resistance rating of the fire barriers and horizontal assemblies shall be not less than that specified for fire walls in Table 706.4 of the New York City Building Code. Exception: Where horizontal assemblies are used to limit the maximum allowable area, the required fire-resistance rating of the horizontal assemblies shall be permitted to be reduced by 1 hour provided the height and number of stories increases allowed for an automatic sprinkler system by Section 504 of the New York City Building Code are not used for the buildings. 1003.2.2 Fire barriers. Where a change of occupancy classification is made to a higher hazard category (lower number) as shown in Table 1003.2, fire barriers in separated mixed use buildings shall comply with the fire-resistance requirements of the New York City Building Code. Exception: In prior code buildings subject to verification by the registered design professional of record, where the fire barriers are required to have a 1-hour fire-resistance rating, existing wood lath and plaster in good condition, existing one-half-inch-thick (12.7 mm) gypsum wallboard or other materials acceptable to the department shall be permitted. 1003.2.3 Height and area for change to equal or lesser hazard category. Where a change of occupancy classification is made to an equal or lesser hazard category (higher number) as shown in Table 1003.2, the height and area of the existing building shall be deemed acceptable. 1003.3 Exterior wall fire-resistance ratings. Hazard categories with regard to fire-resistance ratings of exterior walls shall be in accordance with Table 1003.3. Table 1003.3 Exposure of Exterior Walls Hazard Categories RELATIVE HAZARD OCCUPANCY CLASSIFICATION 1 (Highest Hazard) H 2 F-1, M, S-1 3 A, B, E, I, R 4 (Lowest Hazard) F-2, S-2, U 1003.3.1 Exterior wall rating for change of occupancy classification to a higher hazard category. Where a change of occupancy classification is made to a higher hazard category (lower number) as shown in Table 1003.3, exterior walls shall have fire resistance and exterior opening protectives as required by the New York City Building Code. Exception: A 2-hour fire-resistance rating shall be allowed where the building does not exceed 3 stories in height and is classified as 1 of the following Occupancy Groups: A-2 and A-3 with an occupant load of less than 300, B, F, M, or S. 1003.3.2 Exterior wall rating for change of occupancy classification to an equal or lesser hazard category. When a change of occupancy classification is made to an equal or lesser hazard category (higher number) as shown in Table 1003.3, existing exterior walls, including openings, shall be accepted. 1003.3.3 Opening protectives. Openings in exterior walls shall be protected as required by the New York City Building Code. Where openings in the exterior walls are required to be protected because of their distance from the lot line, the sum of the area of such openings shall comply with the allowable area of Table 705.8 of the New York City Building Code. Exceptions. The following exceptions shall apply to existing openings: 1. Existing openings that are not in compliance with the area limitations of Section 705.8 of the New York City Building Code can be maintained provided that they are protected in accordance with Sections 715.4 and 715.5 of the New York City Building Code. 2. Protected openings shall not be required in buildings of Group R-2 and R-3 occupancies that are located not less than 3 feet (914 mm) from the lot line. The allowable area of openings per story shall be in accordance with the fire separation distance as indicated in Table 705.8 of the New York City Building Code. 3. Exterior opening protectives are not required where an automatic sprinkler system has been installed throughout provided the area limitations of Section 705.8 of the New York City Building Code are not exceeded. 4. Exterior opening protectives are not required where the change of occupancy classification is made to an equal or lesser hazard category (higher number) as shown in Table 1003.3 provided the area limitations of Section 705.8 of the New York City Building Code are not exceeded. 1003.4 Enclosure of vertical shafts. Enclosure of vertical shafts shall be in accordance with Sections 1003.4.1 through 1003.4.4. 1003.4.1 Minimum requirements. Vertical shafts shall be designed to meet the New York City Building Code requirements or the requirements of this section. 1003.4.2 Stairways. When a change of occupancy classification is made to a higher hazard category (lower number) as shown in Table 1005.2, interior stairways shall be enclosed as required by the New York City Building Code. Exception: In prior code buildings, where the New York City Building Code allows for reduction in fire rating of stair enclosures below the existing fire rating of such stair enclosure, such reduction shall not be permitted unless the building or portion thereof subject to the change is protected with an automatic sprinkler system from the highest floor undergoing the change of occupancy to and including the level of exit discharge. 1003.4.3 Other vertical shafts. Interior vertical shafts other than stairways, including but not limited to elevator hoistways and service and utility shafts, shall be enclosed as required by the New York City Building Code when there is a change of occupancy classification to a higher hazard category (lower number) as specified in Table 1005.2. Exception. In prior code buildings, existing 1-hour interior shaft enclosures shall be accepted where a higher rating is required and the building or portion thereof subject to the change in occupancy classification is protected with an automatic sprinkler system from the highest floor undergoing the change to and including the level of exit discharge. 1003.4.4 Openings. When there is a change of occupancy classification to a higher hazard category (lower number) as shown in Table 1005.2, all openings into existing vertical shaft enclosures shall be protected by fire assemblies having a fire protection rating corresponding to the vertical shaft rating, but not less than 1 hour, and shall be maintained self-closing or be automatic-closing by actuation of a smoke detector. All other openings, including duct and air transfer openings, shall be fire protected in an approved manner. Existing fusible link-type automatic door-closing devices shall be permitted in all shafts except stairways if the fusible link rating does not exceed 135°F (57°C). 1003.4.4.1 Window openings on lot line air shafts. Where an existing building or portion thereof, classified in Occupancy Group R-1 or R-2, is undergoing a change in occupancy classification, all window openings on a lot line air shaft, as described in Section 803.8, shall be protected in accordance with Section 803.8. 1003.5 Interior finish. Where work is being done in areas of the building undergoing the change of occupancy classification, the interior finish of walls, floors, and ceilings shall comply with the requirements of the New York City Building Code for the new occupancy classification.

NYC Existing Building Code § EBC 1004 Fire Protection

Section EBC 1004: Fire Protection 1004.1 Change of occupancy classification or change of use within the same Occupancy Group. Fire protection systems governed by Chapter 9 of the New York City Building Code shall be provided in accordance with Sections 1004.1.1 and 1004.1.2. 1004.1.1 Change in the main use or dominant occupancy of the building. Where there is a change to the main use or dominant occupancy of the building, the entire building shall comply with the requirements of Chapter 9 of the New York City Building Code as if hereafter erected. 1004.1.2 Partial change of occupancy classification or a change in use that triggers more restrictive fire protection requirements in Chapter 9 of the New York City Building Code. Where a portion of an existing building is changed to a new occupancy classification or to a use that requires compliance with a more restrictive fire protection requirement as per Chapter 9 of the New York City Building Code, such portion of the building shall comply with the requirements of Chapter 9 subject to the separation conditions as indicated in Sections 1004.1.2.1 and 1004.1.2.2. 1004.1.2.1 Change without separation. Where the portion of the existing building subject to the change is not separated from the remainder of the building with fire barriers or horizontal assemblies having a fire-resistance rating as required in the New York City Building Code for the separate occupancy or use, the entire nonseparated area shall comply with all of the requirements of Chapter 9 applied throughout the nonseparated area for the most restrictive occupancy classification or use in the nonseparated area and with the requirements of this chapter. 1004.1.2.2 Change with separation. Where the portion of the existing building subject to the change is separated from the remainder of the building with fire barriers or horizontal assemblies having a fire-resistance rating as required in the New York City Building Code for the separate occupancy, that portion shall comply with all of the requirements of Chapter 9 for the new occupancy classification or use and with the requirements of this chapter.

NYC Existing Building Code § EBC 1005 Means of Egress

Section EBC 1005: Means of Egress 1005.1 General. Means of egress in portions of buildings undergoing a change of occupancy classification shall comply with Sections 1005.2 through 1005.6. 1005.2 Hazard categories. Hazard categories with regard to life safety and means of egress shall be in accordance with Table 1005.2. Table 1005.2 Means of Egress Hazard Categories RELATIVE HAZARD OCCUPANCY CLASSIFICATIONS 1 (Highest Hazard) H 2 I-2, I-3, I-4 3 A, B, E, I-1, M, R-1, R-2 4 F-1, R-3, S-1 5 (Lowest Hazard) F-2, S-2, U 1005.2.1 Means of egress for change to higher hazard category. When a change of occupancy classification is made to a higher hazard category (lower number) as shown in Table 1005.2, the means of egress shall comply with the requirements of Chapter 10 of the New York City Building Code. Exceptions: Prior code buildings shall be permitted to comply with the provisions of Section 305.5 and the following, as applicable: 1. Stairways shall be enclosed in compliance with the applicable provisions of Section 903.1. 2. Existing corridor doorways, transoms and other corridor openings shall comply with the requirements of Section 805. 3. Existing dead-end corridors shall comply with the requirements of Section 805. 4. For the purpose of complying with Section 1029 of the New York City Building Code, an existing operable window with clear opening area no less than 4 square feet (0.38 m2) and minimum opening height and width of 22 inches (559 mm) and 20 inches (508 mm), respectively, shall be accepted as an emergency escape and rescue opening provided other requirements of Section 1029 of the New York City Building Code are complied with. 1005.2.2 Means of egress for change to equal or lower hazard category. Where a change of occupancy classification is made to an equal or lesser hazard category (higher number) as shown in Table 1005.2, existing elements of the means of egress shall comply with the requirements of Section 905 for the new occupancy classification. Newly constructed or configured means of egress shall comply with the requirements of Chapter 10 of the New York City Building Code. Exception: Prior code buildings shall be permitted to comply with Section 305.5 and buildings with existing scissors stairs may be changed to Group B or R occupancies without the requirement for an additional exit stair, where the building is equipped with an automatic sprinkler system in accordance with Chapter 9 of the New York City Building Code and where the height of the building does not exceed 75 feet (22 860 mm) from the lowest level of fire department vehicle access to highest occupied floor or 6 stories, whichever is less. 1005.3 Egress capacity. Egress capacity shall be no less than as specified in Chapter 10 of the New York City Building Code for the new occupancy. 1005.4 Handrails. Existing stairways shall comply with the handrail requirements of Section 805.9 from the area subject to the change of occupancy classification to the exit discharge level. 1005.5 Guards. Existing guards shall comply with the requirements of Section 805.11 in the area subject to the change of occupancy classification including those along the egress path from the work area to the level of exit discharge. 1005.6 Additional requirements for prior code buildings. Prior code buildings shall also comply with Sections 1005.6.1 and 1005.6.2. 1005.6.1 Replacement of combustible stairs. In prior code buildings of Occupancy Groups R-1 and R-2, where the floor area subject to the change of occupancy is more than 50 percent of the building area, existing stairs constructed of combustible materials shall be replaced in their entirety with non-combustible construction, including stairs, landings, handrails, and guards. Exception: Buildings that are fully sprinklered and comply with the fire protection requirements of Chapter 9 of the New York City Building Code. 1005.6.2 Means of egress from cellar level used in connection with small establishments classified as occupancy Groups B, M, or A-2 in prior code buildings. Where a cellar space is undergoing a change of occupancy to be used in connection with a Group B, M, or A-2 establishment occupying the grade story above and such establishment does not exceed 2000 square feet (185.8 m2) in area, the means of egress and protection of such cellar space may comply with Sections 1005.6.2.1 through 1005.6.2.3, as applicable. Exception: The cellar level meets the requirements of the New York City Building Code for new construction. 1005.6.2.1 Cellar space is used by employees of the establishment. Where the cellar space is to be used only by employees of the establishment above, all the following conditions shall be complied with: 1. The cellar space does not exceed 50 percent of the floor area of the establishment above and not to be occupied by more than 10 employees; 2. The entire cellar is protected by an automatic sprinkler system in accordance with Chapter 9 of the New York City Building Code; and 3. The means of egress from the cellar space shall consist of: 3.1. A door opening onto either a public corridor leading to the enclosed egress stairway that maintains enclosure to discharge at the street, or opening directly to an enclosed stair or exit passageway leading to the street; and 3.2. A door to an enclosed stair not less than 30 inches (762 mm) wide leading to the establishment above. 1005.6.2.2 Cellar level is used by patrons or customers of the establishment. Where the cellar is to be used by patrons or customers of the establishment above, all the following conditions shall be complied with: 1. The cellar level and the floor above are protected by an automatic sprinkler system and the cellar space has an occupant load of not more than 50 persons; 2. The means of egress from the cellar shall consist of: 2.1. An exit door opening onto a public corridor leading to the enclosed egress stairway that maintains enclosure to discharge at the street or an opening directly to an enclosed stair or exit passageway leading to the street; and 2.2. A door to an enclosed connecting stair not less than 44 inches (1118 mm) wide leading to the establishment above. 1005.6.2.3 Cellar level is occupied by customers or patrons in excess of the limits of Sections 1005.6.2.1 and 1005.6.2.2. Where the cellar level is occupied by more than 50 people, 2 enclosed means of egress leading directly to the street, in compliance with Chapter 10 of the New York City Building Code, shall be provided. In addition, such level shall be protected with automatic sprinkler system in accordance with Chapter 9 of the New York City Building Code.

NYC Existing Building Code § EBC 1006 Accessibility

Section EBC 1006: Accessibility 1006.1 General. Accessibility in buildings or portions of buildings undergoing a change of occupancy, as described in Section 1001.3, shall comply with Chapter 11 of the New York City Building Code, in accordance with Section 1006.1.1. 1006.1.1 Requirements based on change of occupancy classification or a change of use. Where a building or portion thereof is undergoing a change of occupancy classification or a change of use as described in Section 1001.3, requirements of New York City Building Code Chapter 11 shall apply as follows: 1. To the entire building, as if the building were hereafter erected, where the change is made in the main use or dominant occupancy of such building. 2. Throughout a space, including the immediate entrance(s) thereto, where an alteration is made that is considered either (i) a change in occupancy classification of such space in accordance with Chapter 3 of the New York City Building Code, or (ii) a change in how a space is being used, or (iii) a change in the zoning use group of such space in accordance with the New York City Zoning Resolution. 2.1. Where the immediate entrance(s) to such space provides direct access to the sidewalk, such immediate entrance(s) shall be provided with an accessible route to the sidewalk. Where the immediate entrance(s) to such space are only through an adjacent space, such as a building lobby, such space shall be provided with an accessible route, through the adjacent space, to the sidewalk. 2.2. Where elevator service is provided in the building and the rooftop is undergoing a change of use or occupancy that is intended for use by general public or building occupants served by such elevator service, an accessible route shall be provided to access such rooftop.

NYC Existing Building Code § EBC 1007 Structural

Section EBC 1007: Structural 1007.1 Compliance with Chapter 7. Buildings or portions thereof subject to a change of occupancy as described in Section 1001.3 shall be subject to Chapter 7. 1007.2. Structural condition assessment. Buildings or portions thereof subject to a change of occupancy shall require an initial structural condition assessment per Section 704.2.2. Where the change of occupancy includes a structural alteration, a detailed structural condition assessment per Section 704.3 is also required.

NYC Existing Building Code § EBC 1008 Electrical

Section EBC 1008: Electrical 1008.1 Special occupancies. Where the occupancy or use of an existing building or part of an existing building is changed to 1 of the following special occupancies as described in the New York City Electrical Code, the electrical wiring and equipment of the building or portion thereof that contains the proposed occupancy shall comply with the applicable requirements of the New York City Electrical Code whether or not a change of Occupancy Group is involved: 1. Hazardous locations. 2. Commercial garages, repair, and storage. 3. Aircraft hangars. 4. Gasoline dispensing and service stations. 5. Bulk storage plants. 6. Spray application, dipping, and coating processes. 7. Health care facilities. 8. Places of assembly. 9. Theaters, audience areas of motion picture and television studios, and similar locations. 10. Motion picture and television studios and similar locations. 11. Motion picture projectors. 12. Agricultural buildings. 13. Marinas. 1008.2 Unsafe conditions. Where the occupancy of an existing building or part of an existing building is changed, all unsafe conditions shall be corrected without requiring that all parts of the electrical system comply with the New York City Electrical Code. 1008.3 Service upgrade. Where the occupancy of an existing building or part of an existing building is changed, the electrical service shall comply with the requirements of the New York City Electrical Code for the new occupancy. 1008.4 Quantity and location of required electrical outlets. Where the occupancy of an existing building or part of an existing building is changed, the quantity and location of required electrical outlets shall comply with the New York City Electrical Code for the new occupancy.

NYC Existing Building Code § EBC 1009 Mechanical

Section EBC 1009: Mechanical 1009.1 Mechanical requirements. Where the existing building or part of an existing building is subject to a change of occupancy, mechanical systems serving the new occupancy or use shall comply with Sections 1009.1.1 and 1009.1.2. 1009.1.1 Change in occupancy classification. Where there is a change in the occupancy classification of the building or portion thereof, the building area subject to change shall comply with all the requirements of the New York City Mechanical Code for the new occupancy classification. 1009.1.2 A change of use within the same Occupancy Group. Where a building or space is changed to a use with higher mechanical ventilation demand, the mechanical system serving such building or space shall comply with the requirements of Section 809 or 909 as applicable.

NYC Existing Building Code § EBC 1010 Plumbing

Section EBC 1010: Plumbing 1010.1 Plumbing requirements. Where the existing building or part of an existing building is subject to a change of occupancy, the plumbing system serving the new occupancy or use shall comply with Sections 1010.1.1 through 1010.1.8. 1010.1.1 Change in occupancy classification. Where there is a change in the occupancy classification of the building or portion thereof, the area of the building subject to change shall comply with all the requirements of the New York City Plumbing Code for the new occupancy classification. 1010.1.2 A change of use within the same Occupancy Group. Where a building or space is changed to a use with different plumbing requirements, the plumbing system serving such building or space shall comply with the requirements of Sections 1010.1.3 through 1010.1.8 as applicable. Alteration work associated with such change shall comply with Sections 810 or 910 as applicable to the level of alteration made to the building or space. 1010.1.3 Increased demand. Where the occupancy or use of an existing building or part of an existing building is changed, such that the new occupancy or use is subject to increased or different plumbing fixture requirements or to increased water supply requirements in accordance with the New York City Plumbing Code, the new occupancy or use shall comply with the New York City Plumbing Code provisions. Exception: Where the change affects less than 10 percent of the building floor area and does not require more than 1 additional plumbing fixture. 1010.1.4 Food-handling occupancies. If the new occupancy or use is a food-handling establishment, all existing sanitary waste lines located above the food or drink preparation or storage areas shall be protected to prevent leaking pipes or condensation on pipes from contaminating food or drink through the installation of drip pans. New drainage lines shall not be installed above such areas and shall be protected in accordance with the New York City Plumbing Code. 1010.1.5 Interceptor required. If the new occupancy or use will produce grease-laden wastes, interceptors shall be provided as required in the New York City Plumbing Code. Grease-laden waste shall not discharge to a public sewer system without the approval of the New York City department of environmental protection. 1010.1.6 Oil separator. If the new occupancy or use will produce oil-laden wastes, an oil separator shall be provided as required in the New York City Plumbing Code. Oil-laden waste shall not discharge to a public sewer system without the approval of the New York City department of environmental protection. 1010.1.7 Chemical wastes. If the new occupancy or use will produce chemical wastes, the following shall apply: 1. If the existing piping is not compatible with the chemical waste, the waste shall be neutralized prior to entering the drainage system, or the piping shall be changed to a compatible material. 2. Chemical waste shall not discharge to a public sewer system without the approval of the New York city department of environmental protection. 1010.1.8 Group I-2. If the Occupancy Group is changed to Group I-2, the plumbing system shall comply with the applicable requirements of the New York City Plumbing Code for new construction.

NYC Existing Building Code § EBC 1011 Energy Conservation

Section EBC 1011: Energy Conservation 1011.1 Minimum requirements. Where an existing building or portion thereof is undergoing a change of occupancy, such change shall be subject to Chapter C5 or R5 of the New York City Energy Conservation Code, as applicable.

NYC Existing Building Code § EBC 1012 Other Requirements

Section EBC 1012: Other Requirements 1012.1 Light and ventilation. Light and ventilation shall comply with the requirements of Chapter 12 of the New York City Building Code for the new occupancy or use. 1012.1.1 Group R-1, R-2, and I-1 occupancies. Where the occupancy classification of an existing building or part thereof is changed to Occupancy Group R-1, R-2, or I-1, such change shall also be subject to the requirements of Appendix D and the New York City Housing Maintenance Code. 1012.1.2 Group R-3 occupancy. Where the occupancy classification of a building or part thereof is changed to Occupancy Group R-3, such change shall also be subject to the requirements of the New York City Housing Maintenance Code.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-242326Fetched: 10/24/2026