Materials

NYC Admin. Code tit. 28, ch. 1, art. 113

in effect

NYC Admin. Code § 28-113.1 General.

§ 28-113.1 General. Materials shall be used, tested and approved for use in accordance with the specific provisions of this code and department rules, except that the commissioner shall have the power to limit or prohibit the use of any material to protect public safety. Materials shall be identified or described on construction documents and other related documents.

NYC Admin. Code § 28-113.2 Use of materials.

§ 28-113.2 Use of materials. Except as set forth in sections 28-113.2.1 through 28-113.2.6 materials specifically prescribed by this code or department rules may be used as prescribed without the prior approval of the commissioner. (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.

NYC Admin. Code § 28-113.2.1 Approved material.

§ 28-113.2.1 Approved material. Whenever this code or the rules of the department requires the use of an approved material, such material shall not be used without the prior approval of the commissioner for such use and may be used only to the extent set forth in such approval.

NYC Admin. Code § 28-113.2.2 Alternative materials.

§ 28-113.2.2 Alternative materials. Except as otherwise specifically limited by this code, the provisions of this code are not intended to prevent the installation of any material or to prohibit any alternative engineered design or method of construction not specifically prescribed by this code, provided that the use of such alternative material has been previously approved by the commissioner and may be used only to the extent set forth in such approval. The use of an alternative material, design, method of construction or equipment shall be approved where the commissioner finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

NYC Admin. Code § 28-113.2.3 Listed or labeled.

§ 28-113.2.3 Listed or labeled. Whenever this code or the rules of the department requires that material used be listed or labeled to a standard, material that is so listed or labeled may be used in accordance with such list or label without the prior approval of the commissioner. However, the commissioner reserves the right to require that information be submitted with regard to the testing and evaluation of any material so listed or labeled including but not limited to inspection certificates, test or evaluation reports, analysis, computations or other information used to determine that the material so listed or labeled complies with the applicable standard.

NYC Admin. Code § 28-113.2.4 Material not listed or labeled.

§ 28-113.2.4 Material not listed or labeled. Whenever this code or the rules of the department requires that material be listed or labeled to a standard and material proposed to be used is not so listed or labeled, the use of such material shall be subject to prior approval by the commissioner and such material shall be used only to the extent set forth in such approval.

NYC Admin. Code § 28-113.2.5 Reuse.

§ 28-113.2.5 Reuse. The use of used material that meets the requirements of this code for new material is permitted unless otherwise provided in this code. Used equipment and devices shall not be reused without the prior approval of the commissioner and may be used only to the extent set forth in such approval.

NYC Admin. Code § 28-113.2.6 Previously issued approvals.

§ 28-113.2.6 Previously issued approvals. Materials that were previously approved by the board of standards and appeals or by the department before July 1, 2008 may continue to be used to the extent that such approval is not inconsistent with the requirements or standards of this code, unless specifically amended or repealed by the commissioner.

NYC Admin. Code § 28-113.3 Approval procedure.

§ 28-113.3 Approval procedure. Approval of materials pursuant to section 28-113.2 shall be in accordance with procedures set forth in this code and the rules of the department. The cost offsets, reports and investigations required under these provisions shall be paid by the applicant.

NYC Admin. Code § 28-113.3.1 Performance.

§ 28-113.3.1 Performance. When required by the commissioner, specific information consisting of test reports conducted by an approved testing agency in accordance with standards referenced in the construction codes or other such information as necessary, shall be provided for the commissioner to determine whether the material will perform for the use intended.

NYC Admin. Code § 28-113.3.2 Research and investigation.

§ 28-113.3.2 Research and investigation. When required by the commissioner, sufficient technical data shall be submitted to the commissioner to substantiate the proposed use of any material. If it is determined that the evidence submitted is satisfactory proof of performance for the use intended, the commissioner shall approve the use of the material subject to the requirements of this code.

NYC Admin. Code § 28-113.3.3 Retesting of materials.

§ 28-113.3.3 Retesting of materials. All materials tested and accepted for use shall be subject to periodic retesting as determined by the commissioner; and any material that upon retesting is found not to comply with the code requirements or the requirements set forth in the approval of such material shall cease to be acceptable for the use intended. During the period for such retesting, the commissioner may require the use of such material to be restricted or discontinued if necessary to secure safety.

NYC Admin. Code § 28-113.3.4 New materials.

§ 28-113.3.4 New materials. New materials not provided for in this code, and any material of questioned suitability proposed for use in the construction of a building or structure, shall be subjected to the tests prescribed in this code or in the rules of the department to determine character, quality and limitations of use.

NYC Admin. Code § 28-113.3.5 Research reports.

§ 28-113.3.5 Research reports. Supporting data, where necessary to assist in the approval of materials not specifically provided for in this code, shall consist of valid research reports from approved sources or other equivalent approved supporting documentation.

NYC Admin. Code § 28-113.3.6 Conflicting test results.

§ 28-113.3.6 Conflicting test results. Whenever there is evidence of conflicting results in the test of any material, the commissioner shall determine the acceptability of the material and/or the acceptable rating for such material.

NYC Admin. Code § 28-113.3.7 Amendment and repeal.

§ 28-113.3.7 Amendment and repeal. The commissioner shall have the power to amend or repeal the approval of any material, including materials previously approved by the board of standards and appeals.

NYC Admin. Code § 28-113.3.8 Maintenance of records of approved material.

§ 28-113.3.8 Maintenance of records of approved material. For any material that has been approved, a record of such approval, including the conditions and limitations of the approval, shall be posted on the department's website or shall be made available for public inspection at appropriate times.

NYC Admin. Code § 28-113.4 Labeling.

§ 28-113.4 Labeling. Materials required to be labeled shall be labeled in accordance with the procedures set forth in this code or the recognized referenced standards.

NYC Admin. Code § 28-113.4.1 Testing.

§ 28-113.4.1 Testing. An approved agency shall test a representative sample of the material being labeled to the relevant standard or standards. The approved agency shall maintain a record of the tests performed. The record shall provide sufficient detail to verify compliance with the test standard.

NYC Admin. Code § 28-113.4.2 Inspection and identification.

§ 28-113.4.2 Inspection and identification. The approved agency shall at regular intervals perform surveillance inspections, which shall be in-plant if necessary, of the material that is to be labeled. The inspection shall verify that the labeled material is representative of the material tested.

NYC Admin. Code § 28-113.4.3 Label information.

§ 28-113.4.3 Label information. The label shall contain the manufacturer's or distributor's identification, model number, serial number or definitive information describing the material's performance characteristics and the approved agency's identification.

NYC Admin. Code § 28-113.4.4 Shipment and delivery certification of materials listed, labeled or approved.

§ 28-113.4.4 Shipment and delivery certification of materials listed, labeled or approved. In the case of the shipment or delivery of material listed or labeled to a standard, such material shall be appropriately labeled or accompanied by the inspection certificate of an approved agency that the material is the same as that which was tested and evaluated by such agency. In the case of the shipment or delivery of material previously approved by the commissioner, the material shall be identified by a tag or certificate indicating that the material is the same that was approved for its intended use by the commissioner or, if applicable, previously approved by the board of standards and appeals, and containing the applicable approval number or calendar number under which the material received such approval.

NYC Admin. Code § 28-113.5 Volatile organic compounds emissions in carpet and carpet cushion.

§ 28-113.5 Volatile organic compounds emissions in carpet and carpet cushion. On and after July 1, 2013 carpet and carpet cushion as defined in section 17-1401 of the administrative code shall comply with the limits on volatile organic compound emissions set forth in chapter 14 of title 17 of such 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/0-0-0-156786Fetched: 10/24/2026