NYC Existing Building Code § EBC 103 Department of Buildings
Section EBC 103: Department of Buildings
103.1 General.
Refer to the Charter and Chapter 1 of Title 28 of the Administrative Code.
Part 2 – Administration and Enforcement
NYC Admin. Code tit. 28, ch. 12, art. The New York City Existing Building Code, ch. 1, ch. Part 2 – Administration and Enforcement
in effectNYC Existing Building Code § EBC 104 Duties and Powers of Commissioner of Buildings
Section EBC 104: Duties and Powers of Commissioner of Buildings
104.1 General.
The commissioner shall have the authority to render interpretations of this code and to adopt rules, policies and procedures in order to clarify and implement its provisions. Such interpretations, policies, procedures, and rules shall be in compliance with the intent and purpose of this code. See the Charter and Chapter 1 of Title 28 of the Administrative Code for additional provisions relating to the authority of the commissioner of buildings.
NYC Existing Building Code § EBC 105 Permits and Work Without a Permit
Section EBC 105: Permits and Work Without a Permit
105.1 General.
Permits shall comply with this section and with Article 105 of Chapter 1 of Title 28 of the Administrative Code.
105.2 Required.
Except as otherwise provided in Section 105.3, any owner or owner’s authorized agent who intends to repair, add to, alter, relocate, demolish, or change the occupancy of a building or to repair, install, add, alter, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the department for construction document approval in accordance with Chapter 1 of Title 28 of the Administrative Code and this chapter and obtain the required permit.
105.3 Work exempt from permit.
Exemptions from permit requirements of this code and as authorized in Chapter 1 of Title 28 of the Administrative Code and the rules of the department shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or rules. Permits shall not be required for the following:
1. Work exempt from permit as listed in Section 28-105.4 of the Administrative Code and rules of the department.
2. Minor alterations and ordinary repairs as described in Section 105.3.1 of this code.
3. Ordinary plumbing work as described in Section 105.3.1 of this code.
105.3.1 Minor alterations, ordinary repairs and ordinary plumbing work.
A permit shall not be required for minor alterations, ordinary repairs and ordinary plumbing work, as such terms are defined in Section 202.
105.3.1.1 Work not constituting minor alterations or ordinary repairs.
Minor alterations or ordinary repairs shall not include:
1. The removal or cutting away of any load bearing or required fire-rated wall, fire door, floor or roof construction, or any portion thereof;
2. The removal, cutting or modification of any beams or structural supports;
3. The removal, change or closing of any required exit;
4. The addition, rearrangement, relocation, removal or replacement of any parts of the building affecting loading or exit requirements, or light, heat, ventilation, or elevator requirements or accessibility requirements, or any fire suppression or fire protection system;
5. Additions to, alterations of, or rearrangement, relocation, replacement, repair or removal of any portion of a standpipe or sprinkler system, water distribution system, house sewer, private sewer, or drainage system, including leaders, or any soil, waste or vent pipe, or any gas distribution system;
6. The alteration or repair of a sign for which a permit is required; or
7. Any other work affecting health or the fire or structural safety of the building or the safe use and operation of the service equipment therein.
105.3.1.2 Ordinary plumbing work.
Ordinary plumbing work is not required to be performed with a permit, provided that the licensed plumber performs such work in accordance with this code and all applicable laws and rules
105.3.1.2.1 Documentation of ordinary plumbing work.
The licensed plumber shall record the block, lot and address of each job, a description of the work performed at each address, and the location in each building where the ordinary plumbing work was performed. The licensed master plumber shall furnish a copy of such record to the building owner upon the completion of work. The licensed master plumber shall submit a report of completed ordinary plumbing work items in accordance with the requirements of the department.
105.3.1.2.2 Category 1 ordinary plumbing work.
Category 1 ordinary plumbing work shall be performed in accordance with this code and shall be limited to the following items:
1. The relocation of up to two plumbing fixtures within the same room to a maximum of 10 feet (3048 mm) distant from the original location, and the replacement or alteration of related supply, waste, and vent piping associated with the fixture relocation, except in health care facilities.
2. The installation, replacement or repair of a food waste grinder (food waste disposal); secondary back flow preventer; and the replacement or repair of a sump pump.
3. The repair or replacement of a plumbing fixture; faucet or fixture fitting from the exposed stop valve to the inlet side of a trap not constituting an ordinary repair.
4. The repair of components of a plumbing appliance or plumbing appurtenance.
5. The replacement of a plumbing appurtenance.
6. The repair or replacement of plumbing piping, except gas piping, not longer than 25 feet (7620 mm), or connected piping previously repaired or replaced under this provision.
7. The repair or replacement of plumbing branch piping except gas piping, serving the dwelling unit and including the replacement of fixtures, limited to two bathrooms and 1 kitchen per dwelling unit.
105.3.1.2.3 Category 2 ordinary plumbing work.
Category 2 ordinary plumbing work shall be performed in accordance with this code and the New York City Fuel Gas Code. Work shall not include nor extend beyond the existing appliance gas cock or appliance valve. Prior to performing any of the described work, the plumber shall be responsible for verifying that the existing gas cock or appliance valve is accessible, in good working condition with no noticeable corrosion or deterioration, and in the closed off position. Where a replacement appliance is connected to a chimney, the plumber shall inspect the chimney and verify that it is in good operational condition. The replacement of any appliance must be in accordance with the manufacturer’s instructions and all applicable listings. After such replacement, the plumber shall re-open the existing gas cock or appliance valve and perform a leak check on all newly made gas piping and tubing connections by means of a combustible gas indicator or a noncorrosive leak detection fluid. Category 2 ordinary plumbing work shall be limited to the replacement of the following items:
1. In residential buildings occupied by 5 families or fewer, the replacement of a gas water heater, gas furnace, or a gas fired boiler with a capacity of 350,000 BTU or less.
2. The replacement of gas-burning domestic appliances limited to ranges, ovens, stoves, barbecues, and clothes dryers.
3. The replacement of an appliance connector serving a domestic range, oven, stove, barbecue, or clothes dryer.
105.3.1.3 Repairs to fire alarm systems.
Work constituting a repair to a fire alarm system that does not require a permit shall be performed in accordance with rules of the department.
105.3.1.4 Repairs to elevators and conveying systems.
Work constituting a repair to elevator or conveying system shall be performed in accordance with rules of the department.
105.3.2 Compliance.
No work shall make a building less compliant with this code and the New York City Construction Codes, Energy Code, Electrical Code and any other applicable laws, rules, and regulations than it was before the work was undertaken, reduce the structural, fire and life safety of the condition impacted, or create a new structural, fire or life safety hazard; otherwise, an application for a work permit shall be submitted to the department.
105.3.2.1 Owner’s responsibility.
It is the owner’s responsibility to ensure that all work performed pursuant to Section 105.3 complies with all applicable provisions of law and that such work is performed in a safe and code compliant manner.
105.3.2.1.1 Protection of adjacent or adjoining properties.
Building owners shall ensure the adjacent or adjoining properties are protected in accordance with Chapter 33 of the New York City Building Code.
105.3.2.1.2 Protection of occupied building.
During construction in an occupied building, as applicable to the scope of work, the owner shall:
1. Maintain the means of egress free of any obstruction.
2. Provide means to dispose of debris, control dust and noise, and pest control.
3. Notify tenants of any interruption to building systems.
4. Maintain life safety systems in accordance with the New York City Construction Codes and the New York City Fire Code.
5. Maintain essential services such as heat, cold and hot water, gas, and electricity in residential buildings, other than one- and two-family residences. Where disruption of service may occur due to the scope of work, the tenants shall be notified of the anticipated duration of such disruption.
6. Maintain the existing level of accessibility to building spaces and facilities.
105.3.2.2 Compliance with other agency and utility company requirements.
The owner and the licensee, where required, shall be responsible for obtaining any required approval, permit or certification by other agencies or utilities having jurisdiction over the work performed. Related approvals and permits from other agencies and jurisdictions may include, but are not limited to, the following:
1. Asbestos certification as required by Article 106 of Title 28 of the Administrative Code.
2. Approval from the Department of Environmental Protection.
3. Approval from the Landmarks Preservation Commission.
4. Approval or permit from the Fire Department.
5. Permit from the Department of Transportation.
105.3.2.3 Work not requiring permits performed as an integral part of work requiring permits.
Work types that may not require a permit but that are performed as an integral part of an alteration to the building that requires a permit shall be filed with the Department as part of such alteration subject to Chapter 5 and Chapters 8 through 14 of this code, as applicable.
105.3.2.4 Change in scope of work.
Where a change in the scope of work during the course of construction results in work that requires a permit, work must stop until such time as a permit is issued.
105.3.2.5 Related approvals and permits.
Where related permits are required in connection with the work scope such approvals and permits shall be obtained in accordance with Article 105 of Title 28 of the Administrative Code.
105.3.2.6 Building materials and systems.
Building materials and systems shall comply with the requirements of this section.
105.3.2.6.1 Existing materials.
Materials already in use in a building in compliance with requirements or approvals in effect at the time of their erection or installation shall be permitted to remain in use unless determined by this code to be unsafe pursuant to Section 115.
105.3.2.6.2 New and replacement materials, assemblies and details.
New and replacement materials, assemblies and details permitted by the applicable code for new construction shall be used in accordance with Section 302.4.
105.3.2.6.3 Glazing in hazardous locations.
Replacement glazing in hazardous locations shall comply with the safety glazing requirements of the New York City Building Code.
105.3.2.6.4 Used plumbing materials and supplies.
Used plumbing materials and supplies shall not be re-used where prohibited by the New York City Plumbing Code.
105.3.2.7 Accessibility.
Minor alterations to existing buildings that are performed without a permit shall comply with the accessibility requirements of Chapter 11 of the New York City Building Code. Such work shall not reduce the level of accessibility as described under Section 306.4.
Exception. Ordinary repairs do not need to comply with the accessibility requirements of Chapter 11 of the New York City Building Code.
105.3.2.7.1 Provisions for accessibility modifications to certain features in dwelling units after occupancy.
Modifications to certain features in dwelling units shall comply with Section 1107.2 of the New York City Building Code. Such features include bathtubs, showers, kitchen counters, appliances in kitchens and kitchenettes, refrigerators/freezers, kitchen and kitchenette storage, operable windows, storage facilities, and laundry equipment.
105.3.2.8 Energy conservation.
Minor alterations and ordinary repairs to existing buildings or structures as defined in Section 202 are permitted without requiring the entire building or structure to comply with the energy requirements of the New York City Energy Conservation Code. The minor alterations and ordinary repairs shall conform with the existing building provisions of the New York City Energy Conservation Code.
105.4 Permits with respect to limited alteration applications.
Permits shall be required for limited alteration applications, subject to Chapter 5 of this code, in accordance with Article 105 of Chapter 1 of Title 28 of the Administrative Code.
105.5 Validity of permit.
The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other laws. Permits presuming to give authority to violate or cancel the provisions of this code or law shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the commissioner from requiring the correction of errors in the construction documents and other data. The commissioner is authorized to prevent occupancy or use of a structure in violation of this code or of any other ordinances of this jurisdiction.
NYC Existing Building Code § EBC 106 Construction Documents
Section EBC 106: Construction Documents
106.1 General.
In accordance with Article 104 of Chapter 1 of Title 28 of the Administrative Code, each application for a permit shall be accompanied by submittal documents which include but are not limited to construction documents; special inspection, structural investigation, and evaluation reports; and other data required by the department. Such submittal shall be prepared by a registered design professional. The department shall not issue a permit pursuant to this code unless and until it approves all required construction documents for such work. In addition to the requirements of Article 104 of Chapter 1 of Title 28 of the Administrative Code, the commissioner is authorized to require additional construction documents to be submitted by a registered design professional to determine compliance with this code and other applicable laws and rules.
Exception: Construction documents shall not be required to be prepared by a registered design professional if they are exempt from such requirement, as provided for in Chapter 5 of this code, Section 28-104.6 of the Administrative Code, or rules of the department.
106.2 Construction documents.
Construction documents submitted in connection with alterations, additions, changes of use or occupancy and relocation of existing buildings shall comply with Article 104 of Chapter 1 of Title 28 of the Administrative Code, Section 107 of the New York City Building Code and with Sections 106.2.1 through 106.2.9 of this code.
106.2.1 Structural plans.
Structural plans shall include the data and information described in Section 107.7 and Chapter 16 of the New York City Building Code as applicable to alterations, additions, changes of use or occupancy and relocation of existing buildings. Additional documents shall be submitted as required by Section 702. Structural calculations shall be made available to the department upon request.
106.2.2 Fire protection system(s) plans.
Construction documents for fire protection systems shall include a plot plan to scale indicating the location of the system in relation to the rest of the building and shall comply with Section 107.9 of the New York City Building Code. Such plans shall not be required in connection with applications for limited standpipe alterations and limited sprinkler alterations subject to Chapter 5 of this code.
106.2.3 Means of egress.
The construction documents for Alterations – Level 1, Alterations – Level 2, additions and changes of occupancy where the means of egress are affected shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code and Chapter 10 of the New York City Building Code, as applicable. The construction documents shall designate the number of occupants to be accommodated in every work area of every floor and in all affected rooms and spaces.
106.2.4 Exterior wall envelope.
Construction documents for work affecting the exterior wall envelope shall describe the exterior wall envelope in sufficient detail to determine compliance with this code, the New York City Building Code and the New York City Energy Conservation Code. The construction documents shall provide, as required, details of the exterior wall envelope pertinent to the proposed work, including windows, doors, flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves, or parapets, means of drainage, water-resistive membrane, and details around openings.
106.2.5 Site plan.
The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of proposed work and existing structures on the site and distances from lot lines. Where the work involves horizontal additions or relocation of existing buildings, the site plan shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or lot. The commissioner is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or change of occupancy that will not affect site conditions. Additional details may be required by the department.
106.2.5.1 Zoning.
Where the proposed work requires compliance with the New York City Zoning Resolution, the site plan shall include the entire zoning lot with details required to demonstrate compliance.
106.2.5.1.1 Multiple tax lots on a zoning lot.
Where an existing building is being enlarged and the zoning lot comprises multiple tax lots, construction documents shall comply with Section 28-104.7.18 of the Administrative Code.
106.2.6 Energy efficiency.
Construction documents shall include compliance documentation as required by the New York City Energy Conservation Code.
106.2.7 Mechanical and fuel gas systems plans.
Construction documents for gas piping, heating, ventilation, refrigeration and other mechanical work to be performed shall be submitted as required by the New York City Mechanical Code and the New York City Fuel Gas Code.
106.2.8 Plumbing plans.
Construction documents for plumbing work to be performed shall be submitted as required by the New York City Plumbing Code.
106.2.9 Special requirements.
Certain types of work shall be included and identified in the construction documents in accordance with Sections 106.2.9.1 through 106.2.9.6, as applicable.
106.2.9.1 Identification of work involving relocation, moving or raising a building.
Where an existing building is being relocated, moved, or the lowest above-grade floor or the lowest subgrade floor of a building is to be raised, lifted or elevated, such work shall be listed on the title sheet of the construction documents as subject to special inspection. Refer to Section 28-104.7.13 of the Administrative Code.
106.2.9.2 Identification of certain I-1 and I-2 occupancies and of certain adult homes, enriched housing, community residences and intermediate care facilities as exempt from temporary external generator connection requirements.
Refer to Section 28-104.7.14 of the Administrative Code.
106.2.9.3 Identification of certain hospitals as exempt from temporary external boiler or chiller connection requirements.
Refer to Section 28-104.7.15 of the Administrative Code.
106.2.9.4 Tenant protection plan.
The title sheet of construction documents shall contain a statement that a tenant protection plan must be submitted in accordance with the requirements of Section 1503 of this code and Section 28-104.7.16 of the Administrative Code prior to the issuance of a permit for alteration, construction or partial demolition work in a building containing 1 or more occupied dwelling units.
106.2.9.5 Coastal zones and water-sensitive inland zones.
Construction documents for work relating to alterations of existing buildings in coastal zones and water-sensitive inland zones shall comply with Section 28-104.9 of the Administrative Code.
106.2.9.6 Discharge of sewage and discharge and/or management of stormwater runoff.
Applications for construction document approval shall comply with Sections 106.2.9.6.1 and 106.2.9.6.2.
106.2.9.6.1 Sewage.
Applications for construction document approval shall include submittal documents relating to the availability and feasibility of a public sanitary or public combined sewer in accordance with Section 107.11.1 of the New York City Building Code and Section 107.6.1 of the New York City Plumbing Code, for the following types of applications:
1. Alterations that require an increase in size to an existing sanitary or combined sewer connection; and/or
2. Alterations requiring a new connection to a sanitary or combined sewer.
106.2.9.6.2 Stormwater.
Applications for construction document approval shall include submittal documents relating to the availability and feasibility of a public combined or storm sewer or other approved method for stormwater discharge in accordance with Section 107.11.2 of the New York City Building Code and Section 107.6.2 of the New York City Plumbing Code, for the following types of applications:
1. Alterations of buildings proposing horizontal building enlargement; and/or
2. Alterations that increase impervious surfaces on the tax lot.
Exceptions:
1. Applications for construction document approval for the alteration of an existing building other than a one- or two-family dwelling need not include such submittal documents, where the increase in area of the footprint resulting from a proposed horizontal building enlargement and any proposed increase in impervious surfaces on a lot combined is less than or equal to 1,000 square feet (93 m2), and on-site disposal of stormwater conforming to the provisions of the applicable laws and rules as determined by the department is proposed for such enlargement and/or increase in impervious surface. In such cases, the stormwater discharge may be accommodated by existing facilities. Construction documents shall include the amount of proposed increase in impervious area. For the purposes of this exception, the 1,000 square feet (93 m2) area shall include all cumulative enlargements and increases in impervious surface area made on the same tax lot after July 1, 2008.
1.1. This exception shall not apply where on-site disposal cannot be designed to conform to the provisions of the applicable laws and rules including but not limited to minimum required distances from lot lines or structures or subsoil conditions as determined by the department.
2. Applications for construction document approval for the alteration of an existing one- or two-family dwelling need not include such submittal documents, where the total area of a proposed horizontal building enlargement plus any proposed increase in impervious surfaces is less than or equal to 200 square feet (19 m2). Construction documents shall include the amount of proposed increase in impervious surface area. For the purposes of this exception, the 200 square feet (19 m2) area shall include all cumulative enlargements and increases in impervious surface area made on the same tax lot after July 1, 2008.
106.2.9.6.3 Post-construction stormwater management facilities.
A post-construction stormwater management facility shall comply with Section 107.11.3 of the New York City Building Code.
106.3 Additional requirements.
Alterations, additions, repairs, changes of occupancy and relocations of existing buildings shall comply with the following additional requirements as applicable:
1. Asbestos investigation pursuant to Article 106 of Chapter 1 of Title 28 of the Administrative Code.
2. Alteration or demolition of single room occupancy multiple dwellings pursuant to Article 107 of Chapter 1 of Title 28 of the Administrative Code.
3. Pavement plan pursuant to Article 108 of Chapter 1 of Title 28 of the Administrative Code.
4. Fire protection plan pursuant to Article 109 of Chapter 1 of Title 28 of the Administrative Code.
5. Site safety plan pursuant to Article 110 of Chapter 1 of Title 28 of the Administrative Code.
106.4 Phased or partial approval.
In the case of construction documents for the alteration of a building, the commissioner may grant partial approval in accordance with Section 28-104.2.5 of the Administrative Code.
NYC Existing Building Code § EBC 107 Temporary Structures and Uses
Section EBC 107: Temporary Structures and Uses
107.1 General.
Refer to Article 111 of Chapter 1 of Title 28 of the Administrative Code.
NYC Existing Building Code § EBC 108 Fees
Section EBC 108: Fees
108.1 Payment of fees.
A permit, inspection, or other service or privilege as regulated in this code shall not be valid until the fees prescribed by Article 112 of Chapter 1 of Title 28 of the Administrative Code or in rules have been paid, nor shall a renewal of a permit or other service or privilege or an amendment to a permit be released until the fee has been paid.
NYC Existing Building Code § EBC 109 Inspections
Section EBC 109: Inspections
109.1 General.
Except as otherwise specified, inspections required by this code or by the department during the progress of work may be performed on behalf of the owner by approved agencies including, where applicable, by special inspectors. However, in the interest of public safety, the commissioner may direct that any of such inspections be performed by the department. All inspections shall be performed at the sole cost and expense of the owner. Refer to Article 116 of Chapter 1 of Title 28 of the Administrative Code and Section 110 of the New York City Building Code, for additional provisions relating to inspections.
109.1.1 Tenant protection plan compliance inspection.
For buildings undergoing work for which a tenant protection plan is required by Section 1503, inspections shall be performed by the department to determine compliance with the tenant protection plan in accordance with Section 1503.11.
109.1.2 Architectural conditions assessment.
Where an existing building is being altered and the work area exceeds 50 percent of the floor area, the design professional of record shall perform an assessment of certain building elements within the work area to evaluate their condition. Such assessment shall be performed in accordance with Section 803.10.
109.1.3 Structural conditions assessment.
Initial and detailed conditions assessment shall be performed before and during the construction phase of the project as provided for in Section 704.
109.2 Special inspections.
Work subject to special inspection shall comply with the applicable provisions of Chapter 17 of the New York City Building Code.
NYC Existing Building Code § EBC 110 Certificate of Occupancy
Section EBC 110: Certificate of Occupancy
110.1 General.
Refer to Article 118 of Chapter 1 of Title 28 of the Administrative Code.
NYC Existing Building Code § EBC 111 Service Utilities
Section EBC 111: Service Utilities
111.1 General.
Refer to Article 119 of Chapter 1 of Title 28 of the Administrative Code.
NYC Existing Building Code § EBC 113 Violations
Section EBC 113: Violations
113.1 General.
Refer to Chapter 2 of Title 28 of the Administrative Code.
NYC Existing Building Code § EBC 114 Stop Work Order
Section EBC 114: Stop Work Order
114.1 General.
Refer to Article 207 of Chapter 2 of Title 28 of the Administrative Code.
NYC Existing Building Code § EBC 116 Emergency Measures
Section EBC 116: Emergency Measures
116.1 General.
Refer to Chapter 2 of Title 28 of the Administrative Code.
NYC Existing Building Code § EBC 117 Demolition
Section EBC 117: Demolition
117.1 General.
Refer to Chapter 33 of the New York City Building Code.
NYC Existing Building Code § EBC 118 Maintenance of Buildings
Section EBC 118: Maintenance of Buildings
118.1 General.
The provisions of this section shall apply to maintenance and periodic inspections of existing buildings. The requirements of Chapter 3 of Title 28 of the Administrative Code relating to maintenance and periodic inspections of existing buildings shall also apply.
118.1.1 Requirements.
All buildings and all parts thereof shall be maintained and periodically inspected in accordance with Section 118.2 of this code pursuant to Chapter 3 of Title 28 of the Administrative Code.
118.1.2 Owner’s responsibilities.
The owner shall be responsible at all times to maintain the building and its facilities and all other structures regulated by this code and other applicable codes in a safe and code-compliant manner and shall comply with the inspection and maintenance requirements of Chapter 3 of Title 28 of the Administrative Code.
118.1.3 Filing of reports.
Reports required to be filed in accordance with Chapter 3 of Title 28 of the Administrative Code, shall be filed in writing or electronically as the commissioner may require.
118.2 Maintenance and periodic inspections.
Maintenance and periodic inspections shall be required to be performed in accordance with Chapter 3 of Title 28 of the Administrative Code and Sections 118.2.1 through 118.2.21 of this code.
118.2.1 Parapets.
A building’s parapet shall be maintained in a safe condition as required by Article 301 of Chapter 3 of Title 28 of the Administrative Code.
118.2.2 Maintenance of exterior walls.
A building’s exterior walls and appurtenances thereof shall be maintained in a safe condition. All buildings greater than 6 stories shall comply with the maintenance requirement of Article 302 of Chapter 3 of Title 28 of the Administrative Code.
118.2.3 Periodic boiler inspections.
Periodic boiler inspections shall be performed in accordance with Article 303 of Chapter 3 of Title 28 of the Administrative Code.
118.2.4 Elevators and conveying systems.
Elevators and conveying systems shall be maintained in a safe condition and in accordance with ASME A17.3, as modified by Appendix K of the New York City Building Code. Every new and existing elevator or conveying system shall be inspected and tested in accordance with Article 304 of Chapter 3 of Title 28 of the Administrative Code.
118.2.5 Retaining walls, partition fences and other site structures.
In addition to the requirements set forth in Chapter 33 of the New York City Building Code, the responsibility for maintaining and repairing retaining walls, partition fences and other site structures shall be in accordance with Article 305 of Chapter 3 of Title 28 of the Administrative Code.
118.2.6 Party walls.
Party walls shall be maintained in accordance with Article 306 of Chapter 3 of Title 28 of the Administrative Code.
118.2.7 Workplace exits.
Workplace exits shall be unobstructed in accordance with Article 307 of Chapter 3 of Title 28 of the Administrative Code and it shall be unlawful for an employer or the agent of an employer to lock the doors of a workplace or otherwise obstruct or prohibit exit from a workplace when such act may endanger the health or safety of any employee, independent contractor or other individual in such workplace.
118.2.8 Energy audits and retro-commissioning of base building systems.
Energy audits and retro-commissioning of base building systems shall be subject to Article 308 of Chapter 3 of Title 28 of the Administrative Code.
118.2.9 Benchmarking energy and water use.
The energy and water use of city buildings and covered buildings shall be benchmarked in accordance with Article 309 of Chapter 3 of Title 28 of the Administrative Code.
118.2.10 Required upgrade of lighting systems.
Lighting systems in covered buildings shall be upgraded as provided in Article 310 of Chapter 3 of Title 28 of the Administrative Code.
118.2.11 Installation of electrical sub-meters in tenant spaces.
Sub-meters shall be installed in covered buildings as provided in Article 311 of Chapter 3 of Title 28 of the Administrative Code.
118.2.12 Carbon monoxide and smoke alarms.
Required carbon monoxide and smoke alarms shall comply with the provisions of Article 312 of Chapter 3 of Title 28 of the Administrative Code.
118.2.13 Cooling towers.
All owners of cooling towers shall comply with Article 317 of Chapter 3 of Title 28 of the Administrative Code.
118.2.14 Periodic inspection of gas piping systems.
Building gas piping systems, other than gas piping systems of buildings classified in Occupancy Group R-3, shall be periodically inspected in accordance with Article 318 of Chapter 3 of Title 28 of the Administrative Code.
118.2.15 Maintenance and removal of small wind turbines.
Maintenance and removal of small wind turbines or small wind turbine towers shall be in accordance with Article 319 of Chapter 3 of Title 28 of the Administrative Code.
118.2.16. Building energy and emission limits.
Owners of covered buildings shall comply with the requirements for annual building emissions limits in Article 320 of Chapter 3 of Title 28 of the Administrative Code.
118.2.17 Energy conservation measure requirements for certain buildings.
Owners of covered buildings shall comply with the energy conservation measures in Article 321 of Chapter 3 of Title 28 of Administrative Code.
118.2.18 Maintenance and removal of large wind turbines.
Maintenance and removal of large wind turbines or large wind turbines tower shall be in accordance with Article 322 of Chapter 3 of Title 28 of the Administrative Code.
118.2.19 Periodic inspection of parking structures.
Parking structures shall be maintained and periodically inspected in accordance with Article 323 of Chapter 3 of Title 28 of the Administrative Code.
118.2.20 Periodic inspection of dry floodproofing.
Covered buildings and structures that are required to comply with the dry floodproofing of Appendix G of the New York City Building Code where human intervention is required to activate or implement the dry floodproofing system prior to a flood event shall comply with Article 324 of Chapter 3 of Title 28 of the Administrative Code.
118.2.21 Annual inspections to prevent contamination of mechanical systems.
Covered buildings and structures with exhaust ducts under positive pressure, chimneys, and vents that extend into or pass through ducts or plenums shall be subject to annual inspection as required by Article 325 of Chapter 3 of Title 28 of the Administrative Code.
NYC Existing Building Code § EBC 119 Retroactive Requirements
Section EBC 119: Retroactive Requirements
119.1 General.
All existing buildings, structures and open uses shall comply with the retroactive requirements of the provisions of Article 315 of the Administrative Code, including all previously enacted retroactive requirements of the 1968 Building Code, as applicable. The department shall provide a list of such provisions on its website.
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/0-0-0-240616Fetched: 10/24/2026