§ 28-101.5 Definitions.
As used in this chapter and elsewhere in this title, the following terms shall have the following meanings unless the context or subject matter requires otherwise:
1968 BUILDING CODE. Chapter 1 of title 27 of the administrative code as hereafter in effect.
1968 OR PRIOR CODE BUILDINGS OR STRUCTURES (PRIOR CODE BUILDINGS). (i) A building or structure in existence prior to July 1, 2008 or one for which a lawful building permit was issued for the erection of such building or structure prior to July 1, 2008. (ii) A building or structure erected in accordance with the 1968 building code under a lawful building permit issued for the erection of such building or structure on or after July 1, 2008 in accordance with section 28-101.4.2 of this code.
ACCEPTANCE OR ACCEPTED. In reference to construction documents, the endorsement by the department of construction documents with less than full examination by the department based on the professional certification of a registered design professional in accordance with a program established by the commissioner.
ADDITION. An alteration of a building in existence that increases its exterior dimensions including but not limited to an extension or increase in floor area or height (including an increase in height or area resulting from the construction of a rooftop structure or rooftop mechanical equipment) of the building.
ADMINISTRATIVE CODE. The administrative code of the city of New York.
ALTERATION. Any construction, addition, change of use or occupancy, or renovation to a building or structure in existence.
APPROVAL OR APPROVED. In reference to construction documents, the determination by the department after full examination that submitted construction documents comply with this code and other applicable laws and rules. In reference to materials, the determination by the commissioner that material is acceptable for its intended use.
APPROVED AGENCY. An established and recognized agency that is regularly engaged in conducting tests or furnishing inspection services, when approved pursuant to department rules as qualified to perform or witness identified testing or inspection services.
APPROVED FABRICATOR. An established and qualified person, firm or corporation approved by the commissioner to custom manufacture or build products or assemblies regulated by this code, including the production of concrete.
APPROVED INSPECTION AGENCY. An approved agency that is approved by the department as qualified to perform one or more of the inspections required by this code.
APPROVED TESTING AGENCY. An approved agency that is approved by the department as qualified to test and evaluate the performance of one or more of the materials regulated in their use by this code. Such term shall include, when approved pursuant to department rules, a third party testing or certification agency, evaluation agency, testing laboratory, testing service, licensed concrete testing laboratory, or other entity concerned with product evaluation.
ARCHITECT. A person licensed and registered to practice the profession of architecture under the Education Law of the State of New York.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy. The term shall be construed as if followed by the phrase "structure, premises, lot or part thereof" unless otherwise indicated by the text.
CHARTER. The New York city charter.
CERTIFICATE OF COMPLIANCE. A certificate stating that materials and products meet specified standards or that work was done in compliance with approved construction documents and other applicable provisions of law, or, with respect to specified service equipment, a certificate issued by the department authorizing the operation of such equipment.
CITY. The city of New York.
COMMISSIONER. The commissioner of buildings of the city of New York, or his or her duly authorized representative.
CONSTRUCTION DOCUMENTS. Plans and specifications and other written, graphic and pictorial documents, prepared or assembled for describing the design, location, physical characteristics, and other elements of the project necessary for obtaining a building permit.
DAY. A calendar day, computed in accordance with section 20 of the New York state general construction law, unless otherwise specified as a business day.
DEFERRED SUBMITTAL. Those portions of the design that are not submitted at the time of the application for construction document approval and that are to be submitted to the department within a specified period of time after the issuance of a permit.
DEMOLITION. Full or partial demolition.
DEMOLITION, FULL. The dismantling, razing, or removal of all of a building or structure, including all operations incidental thereto.
DEMOLITION, PARTIAL. The dismantling, razing, or removal of structural members, floors, interior bearing walls, and/or exterior walls or portions thereof, including all operations incidental thereto.
DEPARTMENT. The department of buildings of the city of New York.
ENGINEER. A person licensed and registered to practice the profession of engineering under the Education Law of the State of New York.
ENLARGEMENT. An addition.
ENVIRONMENTAL CONTROL BOARD or ECB. The environmental control board established pursuant to section 1049-a of the charter within the office of administrative trials and hearings.
EXISTING BUILDING OR STRUCTURE. A completed building or structure that is in existence at the time of an applicable reference in this code.
FABRICATED ITEM. Products and assemblies regulated by this code that are custom manufactured or built prior to their incorporation into the work at the construction site. Fabricated items shall not include listed, labeled or approved products or assemblies. Materials produced in accordance with standard specifications referenced by this code, such as rolled structural steel shapes, steel-reinforcing bars, masonry units, and wood structural panels, or in accordance with a referenced standard listed in this code, which provides requirements for quality control done under the supervision of a third-party quality control agency, shall not be considered fabricated items.
FIRE PROTECTION PLAN. A report containing a narrative description of the life and fire safety systems and evacuation system for a structure.
GREEN BUILDING PROJECT. A building project or renovation undertaken that, when constructed, will produce, from renewable resources, a decrease in carbon, or carbon equivalent, emissions in a percentage no less than 50 percent of such building’s prior year emissions. This may include installation of renewable energy sources such as solar energy, geothermal ground source heat pumps, or wind energy systems.
HEREAFTER. On or after July 1, 2008.
HERETOFORE. Before July 1, 2008.
INSPECTION CERTIFICATE. Identification applied to a product by an approved agency containing the name of the manufacturer, the function and performance characteristics, and the name and identification of the approved agency that indicates that the product or material has been inspected and evaluated by such approved agency. An inspection certificate shall also mean a certificate issued by the department upon satisfactory completion of an inspection or test.
INTERIM CERTIFICATE OF OCCUPANCY. A type of temporary certificate of occupancy authorizing occupancy of one or more floors of a building prior to the completion of all work needed to obtain a certificate of occupancy for the building, and that remains in effect until the issuance of a certificate of occupancy for the building.
LABEL. An identification applied on a product by the manufacturer that contains the name of the manufacturer, the function and performance characteristics of the product or material, and the name and identification of an approved agency and that indicates that a representative sample of the product or material has been tested and evaluated by an approved agency for compliance with nationally recognized standards or tests to determine suitable usage in a specific manner.
LABELED. Material to which has been attached a label, symbol or other identifying mark of the manufacturer that contains the name of the manufacturer, the function and performance characteristics of the product or material, and the name and identification of an approved agency and that indicates that a representative sample of the material has been tested and evaluated by an approved agency for compliance with nationally recognized standards or tests to determine suitable usage in a specified manner.
LAND SURVEYOR. A person licensed and registered to practice the profession of land surveying under the Education Law of the State of New York.
LANDSCAPE ARCHITECT. A person licensed and registered to practice the profession of landscape architecture under the education law of the state of New York.
LETTER OF COMPLETION. A document issued by the department indicating that permitted work has been completed, including satisfactory final inspection in accordance with this code. A letter of completion is issued only in circumstances where a certificate of occupancy is not required upon completion of the permitted work.
LIMITED ALTERATION APPLICATION. Application for limited oil-burning appliance alterations, limited plumbing alterations, limited sprinkler alterations and limited standpipe alterations submitted pursuant to exception 1 of section 28-104.6. Such work shall not include any associated work that would otherwise require an alteration permit including, but not limited to, any construction of fire-rated partitions and enclosures.
Category 1 work shall be limited to a new installation into an existing building or system. The utilization of this category shall be limited by an annual monetary cap.
Category 2 work shall include any existing system or component that is replaced, repaired or altered. This category shall not be limited by a monetary cap.
LIMITED OIL-BURNING APPLIANCE ALTERATIONS. An alteration, installation, replacement or repair to an oil-burning appliance that is limited in scope, falling into one of the following categories. Any construction or alteration to fire-rated partitions or enclosures, with the exception of through-penetrations that are firestopped, shall require a separate application filed with the department.
Category 1. An addition to an existing oil-burning appliance where the total cost of the proposed Category 1 work in the building does not exceed $50,000 in any 12-month period and where the proposed work is limited to the installation of:
1. oil equipment,
2. oil-fired appliances, located within the same enclosure or room as the existing oil-burning appliance,
3. unit heaters, or
4. oil piping including no more than two above-ground oil tanks each with a capacity of no more than 330 gallons (1250 L) provided such oil tanks also comply with the capacity limits established in section 1305.11 of the New York city mechanical code. The newly installed tanks shall have a UL listing, be labeled or meet the alternative tank design and construction standards contained in section 1305.14 of the New York city mechanical code.
Category 2. An alteration, repair or replacement of an existing oil-burning appliance that is not subject to cost or duration limitations and that is limited to the following:
1. Replacement of oil burners, oil-burning appliances or water heaters in which the heat input per appliance does not exceed 3 million Btu/h (879 kW).
2. Relocation of an oil burner or oil-burning appliance or water heater within the same enclosure or room.
3. Placement of a temporary department of buildings registered oil-fired mobile boiler and corresponding fuel oil storage tank with associated piping at a site for emergency heating.
4. Placement of a temporary fuel oil storage tank with a capacity of 5,000 gallons (18 927 L) or less at a site for emergency use and connected to an existing oil-burning appliance.
5. Repair, replacement or relocation of oil equipment, appliances or oil piping including two above-ground oil tanks with 330 gallons (1250 L) provided such oil tanks also comply with the capacity limitations of section 1305.11 of the New York city mechanical code. The replacement tanks shall have a UL listing or labeling or meet the alternative tank design and construction standards contained in section 1305.14 of the New York city mechanical code. Any such relocation shall be only within the same enclosure or room.
LIMITED PLUMBING ALTERATIONS. An installation, replacement, repair or alteration to a plumbing or fuel gas piping system, including fixtures and appliances, that is limited in scope, falling into one of the following categories:
Category 1. An addition to an existing plumbing or fuel gas piping system or service where the total cost of the proposed Category 1 work in the building does not exceed $50,000 in any 12-month period and where the proposed work is limited to the following:
1. The addition of not more than five plumbing fixtures or fixture connections in a building within any 12-month period, including any associated plumbing necessary to serve such additional fixtures or fixture connections;
2. The installation of new fuel gas piping in conjunction with the addition of not more than five gas appliances or six unit heaters, limited to residential gas barbecue, Category 1 vented hot water heater, gas infrared heater, gas light, gas oil burner pilot, gas pool heater in conjunction with an R-3 occupancy group, one commercial gas appliance and gas unit heater, including any associated fuel gas piping necessary to serve such additional appliances;
3. The installation of up to five new sprinkler heads off of an existing domestic water system within any 12-month period;
4. Installation of a new single domestic gas dryer that is vented directly through an exterior wall in buildings occupied exclusively as one- or two-family dwellings not more than three stories in height, as provided for in the rules of the department.
Category 2. The repair, replacement of or alteration to an existing plumbing or fuel gas piping system that is not subject to cost or duration limitations and that is limited to the following:
1. The repair, replacement of or alteration of existing plumbing or fuel gas piping to serve the same number of fixtures and appliances;
2. The in-kind replacement of plumbing fixtures and gas appliances that do not provide heat or hot water when not constituting a minor alteration or ordinary repair under this code. This shall not preclude plumbing work that is a minor alteration or ordinary repair from being filed as a limited alteration application;
3. The relocation and replacement of plumbing fixtures, other than the mere replacement of existing fixtures constituting a minor alteration or ordinary repair under this code. This shall not preclude the relocation and replacement of plumbing fixtures that is a minor alteration or ordinary repair from being filed as a limited alteration application;
4. The installation or replacement of primary backflow preventers;
5. In-kind replacement of gas-fired appliances with a combined heat input of 3 million Btu/h (879 kW) or less;
6. Replacement of gas burners with heat input of 3 million Btu/h (879 kW) or less;
7. Relocation of a gas burner/boiler within the same, unaltered fire-rated enclosure or room, with the exception of through-penetrations that are firestopped;
8. In-kind replacement with the following direct-vent appliances with heat input of 350,000 Btu/h (103 kW) or less that are vented directly through exterior walls serving buildings occupied exclusively as one- or two-family dwellings not more than four stories in height:
8.1. gas-fired boilers,
8.2. hot water heaters and
8.3. furnaces;
9. In-kind direct replacement of gas-fired boilers, hot water heaters and furnaces with heat input of 350,000 Btu/h (103 kW) or less; that are vented directly through exterior walls;
10. Placement of a registered gas-fired temporary boiler with associated gas piping at a site for emergency heating and/or hot water;
11. Replacement of up to thirty existing sprinkler heads providing that orifice sizes, type and deflector positions remain the same, and all such sprinkler heads are off of a domestic water system;
12. Rearrangement of not more than 20 sprinkler heads in areas classified in light hazard occupancy, as such term is defined in NFPA 13 as amended by appendix Q of the New York city building code, provided such areas are already sprinklered and such areas will remain in such occupancy, and provided further that all such sprinkler heads were legally installed off of a domestic water system;
13. Rearrangement of not more than 20 sprinkler heads in restaurant service areas classified in Group 1 ordinary hazard occupancy, as such term is defined by NFPA 13 as amended by appendix Q of the New York city building code, provided such areas are already sprinklered and such areas will remain in such occupancy, and provided further that all such sprinkler heads were legally installed off of a domestic water system; and
14. Rearrangement of not more than 20 sprinkler heads in mercantile areas classified in Group 2 ordinary hazard occupancy, as such term is defined by NFPA 13 as amended by appendix Q of the New York city building code, provided such areas are already sprinklered and such areas will remain in such occupancy, and provided further that all such sprinkler heads were legally installed off of a domestic water system.
LIMITED SPRINKLER ALTERATIONS. An alteration, installation, replacement or repair to a sprinkler system that is limited in scope, falling into one of the following categories:
Category 1. An alteration to an existing sprinkler system where the total cost of the proposed Category 1 work in the building does not exceed $50,000 in any 12-month period, the fire rating of the area where the new sprinkler heads are being installed is not being altered and the proposed work is limited to the installation of up to five new sprinkler heads off of an existing sprinkler system.
Category 2. An alteration, repair or replacement of an existing sprinkler system or combined sprinkler standpipe system that is not subject to cost or duration limitations and that is limited to:
1. The replacement of sprinkler heads, provided that orifice sizes, type and deflector positions remain the same;
2. Replacement of parts required for the operation of a sprinkler system or combined sprinkler standpipe system, provided that orifice sizes, type and deflector positions remain the same;
3. Changes that do not alter the type of sprinkler system;
4. Relocation of piping that does not affect the operation of the sprinkler system, provided that orifice sizes, type and deflector positions remain the same;
5. Rearrangement of not more than 30 sprinkler heads in areas classified in light hazard occupancy, as such term is defined in NFPA 13 as amended by appendix Q of the New York city building code, provided such areas are already sprinklered and such areas will remain in such occupancy;
6. Rearrangement of not more than 30 sprinkler heads in restaurant service areas classified in Group 1 ordinary hazard occupancy, as such term is defined in NFPA 13 as amended by appendix Q of the New York city building code, provided such areas are already sprinklered and such areas will remain in such occupancy;
7. Rearrangement of not more than 30 sprinkler heads in mercantile areas classified in Group 2 ordinary hazard occupancy, as such term is defined by NFPA 13 as amended by appendix Q of the New York city building code, provided such areas are already sprinklered and such areas will remain in such occupancy;
8. Rearrangement of sprinkler heads in a storage area under 200 square feet classified Group 1 ordinary hazard, as such term is defined by NFPA 13 as amended by appendix Q of the New York city building code, provided such areas are already sprinklered and such areas will remain in such occupancy;
9. Unlimited cut and cap of an existing sprinkler system associated with a permitted demolition or gut renovation; and
10. Relocation of a fire department connection as part of a combined system.
LIMITED STANDPIPE ALTERATIONS.
Category 2. An alteration, replacement or repair to an existing standalone or combined standpipe system that is limited to the following:
1. Replacement or relocation of parts required for the operation of a standalone or combined standpipe system;
2. Relocation of standalone or combined standpipe auxiliary hose sources and cabinets within 10 feet (3048 mm) of their original location, provided that the existing covered area is not affected and provided that such relocation complies with this code for a new installation; and
3. Unlimited cut and cap of an existing standalone or combined standpipe system for a demolition or gut renovation.
LISTED. Material identified in a list published by an approved agency that maintains periodic inspection of production of listed material or periodic evaluation services and whose listing states either that the material meets identified nationally recognized standards or has been tested and found suitable for a specified purpose when installed in accordance with the manufacturer's installation instructions.
LOW VOLTAGE ELECTRICAL WORK. The installation, alteration, maintenance, or repair of electrical wiring that is designed to operate at less than 50 volts for signaling, communication, alarm, and data transmission circuits.
MAIN USE OR DOMINANT OCCUPANCY (OF A BUILDING). Refers to a single occupancy classification assigned to a structure by the department according to such structure's main use or dominant occupancy.
MANUFACTURER'S DESIGNATION. Identification applied to material by the manufacturer indicating that the material complies with a specified standard or set of rules (see "Label" and "Mark").
MARK. Identification applied to a product by the manufacturer indicating the name of the manufacturer and the function of a product or material (see "Label" and "Manufacturer's Label and designation").
MATERIALS. Materials, assemblies, appliances, equipment, devices, systems, products and methods of construction regulated in their use by this code or regulated in their use by the 1968 building code.
MINOR ELECTRICAL WORK. Electrical work that is limited in scope, falling into 1 of the following categories:
1. Replacement of defective circuit breakers or switches rated 30 amperes or less, excluding main service disconnects;
2. Replacement of parts in electrical panels where voltage does not exceed 150 volts to ground;
3. Replacement of minor elevator parts as defined by rule;
4. Replacement of defective controls rated at 30 amperes or less;
5. Repair of defective fixtures;
6. Replacement of fixtures in existing outlets, provided the number of such fixtures does not exceed 5 and does not increase existing wattage;
7. Replacement, repair, disconnection, or reconnection of motors not to exceed 1 horsepower, and associated devices;
8. Repairs to low pressure heating plants with a capacity of less than 15 pounds per square inch, except as may otherwise be required by rule of the commissioner;
9. Installation of any 10 or fewer units not requiring the installation of an additional branch circuit;
10. Installation of motors of fractional horsepower; and
11. Installation of transformers rated at 1,000 volt amperes or less.
OCCUPANCY. The purpose or activity for which a building or space is used or is designed, arranged or intended to be used.
OWNER. Any person, agent, firm, partnership, corporation or other legal entity having a legal or equitable interest in, or control of the premises.
PARTY WALL. A fire division on an interior lot line common to two adjoining buildings.
PERMIT. An official document or certificate issued by the commissioner that authorizes performance of specified work or activity.
PERSON. An individual, partnership, corporation, or other legal entity.
PREMISES. Land, improvements thereon, or any part thereof.
PRIOR CODE BUILDING. See 1968 OR PRIOR CODE BUILDING OR STRUCTURE (PRIOR CODE BUILDING).
PROFESSIONAL CERTIFICATION. A personal verification of a registered design professional made under such professional's signature and seal that accompanies construction documents and other related documents filed with the department and that attests that such documents do not contain false information and are in compliance with all applicable provisions of law.
PROGRESS INSPECTION. Inspection of permitted construction work in progress to verify compliance with the code and with approved construction documents.
PROJECT. A design and construction undertaking comprised of work related to one or more buildings or structures and the site improvements. A project is represented by one or more plan/work applications, including construction documents compiled in accordance with article 104 of this chapter, that relate either to the construction of new buildings or structures or to the demolition or alteration of existing buildings or structures. Applications for a project may have different registered design professionals and different application numbers, and may result in the issuance of one or more permits.
REGISTERED DESIGN PROFESSIONAL. An architect or engineer.
REGISTERED DESIGN PROFESSIONAL OF RECORD. The registered design professional who prepared or supervised the preparation of applicable construction documents filed with the department.
REQUIRED. Shall mean required by the provisions of this code.
RETAINING WALL. A wall designed to prevent the lateral displacement of soil or other materials.
SERVICE EQUIPMENT. Equipment or systems, and all components thereof, that provide sanitation, power, light, heat, ventilation, air conditioning, refuse disposal, fire-fighting, transportation or other facilities for buildings.
SIGN-OFF. The issuance by the department of a letter of completion or certificate of occupancy for permitted work indicating the satisfactory completion of all required inspections and receipt by the department of all required submittal documents.
SINGLE ROOM OCCUPANCY MULTIPLE DWELLING. See section 28-107.2.
SPECIAL INSPECTION. Inspection and testing of selected materials, equipment, installation, fabrication, erection or placement of components and connections, to ensure compliance with approved construction documents and referenced standards as required by chapter 17 of the New York city building code or elsewhere in this code or its referenced standards.
SPECIAL INSPECTION AGENCY. An agency employing one or more persons who are special inspectors and that meets the requirements of department rules.
SPECIAL INSPECTOR. An individual employed by a special inspection agency having required qualifications and authorized by department rules to perform or witness particular special inspections required by this code or by the rules of the department, including but not limited to a qualified registered design professional so authorized.
STRUCTURE. That which is built or constructed, including among others: buildings, stadia, tents, reviewing stands, platforms, stagings, observation towers, radio towers, tanks, trestles, open sheds, shelters, fences, and display signs.
SUBMITTAL DOCUMENTS. Completed application forms, construction documents, reports and any other documents submitted in compliance with this code or other applicable laws and rules including but not limited to special inspection reports, certifications or approvals from other governmental agencies and other data required by this code or by the department.
SUPERINTENDENT OF CONSTRUCTION (CONSTRUCTION SUPERINTENDENT). An individual, when authorized pursuant to department rules as qualified to superintend permitted construction work on behalf of the owner.
USE (USED). The purpose for which a building, structure, or space is occupied or utilized, unless otherwise indicated by the text. Use (used) shall be construed as if followed by the words "or is intended, arranged, or designed to be used."
UTILITY COMPANY OR PUBLIC UTILITY COMPANY. The term shall be construed to have the same meaning as that contained in section two of the New York state public service law.
UTILITY CORPORATION OR PUBLIC UTILITY CORPORATION. The term shall be construed to have the same meaning as that contained in section two of the New York state public service law.
WORK NOT CONSTITUTING MINOR ALTERATIONS OR ORDINARY REPAIRS. See section 28-105.4.2.1.
WRITING (WRITTEN). The term shall be construed to include handwriting, typewriting, printing, photo-offset, or any other form of reproduction in legible symbols or characters, including, in the discretion of the commissioner, electronic media.
WRITTEN NOTICE. A notification in writing delivered by hand to the person or parties intended, or delivered at or sent by mail or in the discretion of the commissioner by electronic media to the last address known to the party giving such notice.
ZONING RESOLUTION. The zoning resolution of the city of New York, adopted December fifteenth, nineteen hundred sixty-one, including all amendments thereto.
(Am. L.L. 2021/006, 1/10/2021, eff. 5/10/2021; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023; Am. L.L. 2023/126, 9/3/2023, eff. 3/1/2024; Am. L.L. 2024/128, 12/21/2024, eff. 12/21/2025)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008, L.L. 2021/126, L.L. 2023/077, and L.L. 2024/128.
