Applicability

NYC Admin. Code tit. 28, ch. 1, art. 102

in effect

NYC Admin. Code § 28-102.1 General.

§ 28-102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where a general requirement conflicts with a specific requirement, the specific requirement shall govern. Where British and metric units of measurement conflict, the British units shall govern.

NYC Admin. Code § 28-102.2 Other laws.

§ 28-102.2 Other laws. The provisions of this code do not presumptively provide for matters that are contained in the charter, the New York state labor law, the New York state multiple dwelling law, the zoning resolution, or the New York state general city law. Where there is conflict or inconsistency between the requirements of this code and other applicable laws and rules, unless otherwise required, such conflict shall be resolved in favor of the more restrictive requirement. (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 § 28-102.3 Separability.

§ 28-102.3 Separability. If any clause, sentence, paragraph, section or part of this code shall be adjudged to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

NYC Admin. Code § 28-102.4 Existing buildings.

§ 28-102.4 Existing buildings. The lawful use or occupancy of any existing building or structure, including the use of any service equipment therein, may be continued unless a retroactive change is specifically required by the provisions of this code or other applicable laws or rules.

NYC Admin. Code § 28-102.4.1 Prior code buildings must comply with the applicable retroactive requirements of the 1968 building code.

§ 28-102.4.1 Prior code buildings must comply with the applicable retroactive requirements of the 1968 building code. Prior code buildings must comply with the applicable retroactive requirements of the 1968 building code including those requiring the installation of fire safety and building safety systems and the filing of verifying reports with the department of such installations by the dates specified in section 27-228.5 of the administrative code or in other applicable provisions of such 1968 building code. A violation of such provisions shall be a violation of this code.

NYC Admin. Code § 28-102.4.2 Change in use or occupancy.

§ 28-102.4.2 Change in use or occupancy. Except as otherwise provided in sections 28-101.4.1, 28-101.4.2, 28-101.4.3 or 28-101.4.4, changes in the use or occupancy of any building or structure made after July 1, 2008 shall comply with the provisions of this code. Any changes made in the use or occupancy of a building or structure not in compliance with this code shall be prohibited and shall be a violation of this code. After a change in use or occupancy has been made in a building, the re-establishment of a prior use or occupancy that would not be lawful in a new building of the same construction class shall be prohibited unless and until all the applicable provisions of this code and other applicable laws and rules for such reestablished use or occupancy shall have been complied with. A change from a use prohibited by the provisions of this code, but which was permitted prior to July 1, 2008, to another use prohibited by the provisions of this code shall be deemed a violation of this code.

NYC Admin. Code § 28-102.4.3 Alteration of prior code buildings.

§ 28-102.4.3 Alteration of prior code buildings. Except as otherwise provided in sections 28-101.4.1, 28-101.4.2, 28-101.4.3 and 28-101.4.4, prior code buildings altered after July 1, 2008 shall comply with the provisions of this code. In accordance with subdivision eleven of section three of the New York state multiple dwelling law and article 4 of subchapter 1 of the 1968 building code, at the option of the owner, multiple dwellings erected prior to December 6, 1969 may be altered and buildings erected prior to December 6, 1969 may be converted to multiple dwellings in accordance with applicable provisions of the New York state multiple dwelling law and the building laws and regulations in effect prior to December 6, 1968, provided the general safety and public welfare are not thereby endangered. At a minimum, the application of sections 28-101.4.3, 28-101.4.4 and 28-101.4.5 to any such alteration shall be deemed necessary to protect the general safety and public welfare. (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 § 28-102.4.4 Continuation of unlawful use or occupancy.

§ 28-102.4.4 Continuation of unlawful use or occupancy. The continuation of the unlawful use or occupancy of a building or structure contrary to the provisions of this code, or contrary to the provisions of prior codes or other applicable law or rule, shall be a violation of this code.

NYC Admin. Code § 28-102.4.5 Fire district maps.

§ 28-102.4.5 Fire district maps. The boundaries of fire districts shall be in accordance with the maps set forth in Appendix D of the New York city building code.

NYC Admin. Code § 28-102.5 Reserved.

§ 28-102.5 Reserved. (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 § 28-102.6 Appendices.

§ 28-102.6 Appendices. All enacted appendices are a part of the provisions of this code.

NYC Admin. Code § 28-102.7 References in other laws.

§ 28-102.7 References in other laws. References to provisions of the building code of the city of New York or to chapter 1 of title 27 of the administrative code in other laws shall be deemed to refer to equivalent provisions of the 1968 building code or the New York city construction codes as the context in which such references appear may require. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008.

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/0-0-0-155610Fetched: 10/24/2026