Existing Building Code FAQs

Reducing fixtures to achieve accessibility must be evaluated against both the NYC Plumbing Code fixture count requirements and the accessibility requirements of BC Chapter 11. Per EBC Section 306, alterations shall not reduce the level of accessibility. The plumbing code establishes minimum fixture counts based on occupant load, and any reduction must still meet those minimums. Where technically infeasible to maintain fixture counts while providing accessibility, alternative compliance paths may be available.

Refer to EBC 306; BC Chapter 11; NYC Plumbing Code.

Per EBC Section 306, accessibility requirements apply to alterations based on the scope of work. For a restaurant space that is less than 50% of the building area (Level 1 alteration), accessibility improvements are required within the work area and along the path of travel to the extent described in Section 306. Transportation facilities are subject to the accessibility requirements of both the ADA and BC Chapter 11. The concession space would need to comply with accessibility requirements applicable to the work area, regardless of the percentage relative to the overall transportation building.

Refer to EBC 306; EBC 806; BC Chapter 11.

Per EBC Section 306 and BC Chapter 11, accessibility alterations must comply with the referenced accessibility standards. Reducing fixtures to achieve accessibility may be permitted, but the accessible configuration must meet the minimum fixture count requirements of the NYC Plumbing Code for the appropriate occupancy classification and occupant load. The designer must verify that both accessibility requirements and minimum plumbing fixture requirements are satisfied.

Refer to EBC 306; BC Chapter 11; BC 2902.

Per EBC Section 306, accessibility requirements apply based on the scope and nature of the alteration. For a restaurant tenant space, even if the work area is less than 50% of the building area (Level 1), accessibility requirements for the tenant space must be addressed per BC Chapter 11 and EBC 306. The accessible route to the restaurant and the restaurant space itself must comply. The 50% threshold affects the alteration level classification, but does not exempt accessibility requirements for the specific space being altered.

Refer to EBC 306; EBC 806; BC Chapter 11.

Yes, with limitations. Dwelling or sleeping units in Occupancy Groups I-1, I-2, I-3 or R-1: the requirements of BC Section 1107 only apply to the spaces being altered except where the units in the Work Area exceed more than 50% of the units in the building under single ownership, the requirements of BC Section 1107 apply to all the units under that single ownership.

Alterations to dwelling or sleeping units in Occupancy Group R-2: where dwelling or sleeping units are subject to Level 1 Alteration in Occupancy Group R-2, the requirements of BC Section 1107 apply only to the spaces being altered. See EBC Sections 806.2.8.1 and 806.8.2.

Where an alteration affects the accessibility to or contains an area of primary function, the route to the primary function area, including entrances, shall be accessible in accordance. The accessible route to the primary function area shall include toilet facilities and drinking fountains serving the area of primary function.

The costs of providing the accessible route are not required to exceed 25% of the costs of the alterations affecting the area of primary function.

See EBC Section 806.3. This section also provides exceptions to the accessible route requirement and prioritizes improvements along the path of travel within the 25% cost limit.

NOTE: The 25% cost limit in the EBC exceeds the 20% cost limit in the ADA Accessibility Standards.

Accessible means of egress are not required in Prior Code Buildings where the level of alterations does not trigger full building compliance with the accessibility provisions of the BC. See EBC Section 305.5.2.

No, additions are not included in work area. Per EBC Section 605 Additions shall comply with the provisions of Chapter 11.

No, as per EBC 1101.2, it is prohibited to make an addition to a building that would create, extend or increase any existing noncompliance. So, as this building is considered noncompliant as to permissible number of stories for IIIB construction classification in accordance with BC Table 504.4, this addition will not be permissible.

To construct this addition, the RDP may advise the building owner to consider upgrading the construction classification to IIIA and protect the building with an automatic sprinkler system in accordance with BC Chapter 9. These changes will make the addition permissible.

For the first reporting year, while a CBL dispute is pending, BINs/BBLs used for DOB NOW filing fee payments, ESPM and BEAM account set up must match the LL97 CBL.

In addition to compliance with EBC Chapter 11, building additions made to converted dwellings must also comply with the applicable provisions of Chapters D3 and D6 of EBC Appendix D. Refer to EBC Section 1102.4.

The described project will require compliance of the entire building with the NYC BC as if hereafter erected.

However, an exception under EBC 1105.3 is provided for the means of egress systems only. Under this provision, the entire means of egress, for the existing building and addition is not required to comply with Chapter 10 of the New York City Building Code as hereafter erected, provided, the addition acts as an independent building section meeting these three conditions:

1. the horizontal addition is provided with means of egress independent of the existing building
2. the horizontal addition is separated from the existing building by a minimum of two-hour rated fire barrier; and
3. The horizontal addition complies with all applicable fire protection requirements of Chapter 9 of the New York City Building Code.

NOTE: Should also reference code sections EBC 302.7; EBC 901.2; AC 28-101.4.5.

An exception to EBC 1108.6.1 provides a relief for such small addition if it meets all the following conditions:

1. The area of the penthouse addition and other roof structures do not constitute a new story as described in Chapter 15 of the New York City Building Code, and
2. The addition is directly connected to the existing dwelling unit below.

Buildings Bulletin 2016-012 addresses when alterations must meet new Building Code requirements, particularly regarding the 110% surface floor area threshold. Once the EBC becomes effective, the provisions of BB 2016-012 would be superseded by the EBC framework. However, the concept of the 110% floor area alteration is continued in the EBC, as outlined in Section 302.7.

Refer to EBC 302.7; EBC Chapter 11; BB 2016-012.

Yes, alterations to a building constructed under the 2008 Code are governed by the EBC. Per EBC Section 101.2 and the definition of 'existing building' in AC 28-101.5, the EBC applies to the repair, alteration, change of occupancy, addition, and relocation of existing buildings regardless of when they were constructed. The EBC provisions apply to alterations of any existing building, whether built under the 1938 Code, 1968 Code, 2008 Code, or current NYC BC. The applicable Prior Code provisions in Chapter 3 would reference the 2008/2014 NYC BC as applicable.

Refer to EBC 101.2; EBC 302.8; AC 28-101.5.

Per AC 28-101.5 and EBC 101.2, the EBC applies to all existing buildings, including those completed under the current BC. Once a building is completed and occupied, subsequent alterations are subject to the EBC.

Refer to EBC 101.2; EBC 101.4.1; EBC 202; EBC 601.2; EBC 601.2.3.1; AC 28-101.5.

Generally, existing DOB rules remain in effect unless specifically rescinded or superseded. As part of the EBC implementation effort, the Department expects to promulgate new rules, in addition to necessary amendments to existing rules. Among those expected to be amended is 1 RCNY §101-14. Users should monitor DOB's Rules page for announcements and updates on rule applicability following EBC adoption. 

Until July 17, 2027, both the construction of new buildings and the alteration, maintenance, and repair of existing buildings will continue to be governed by the 2022 NYC Construction Codes. Within those regulations is the limited allowance to comply with a Prior Code, as applicable. Beginning in July of 2027, the alteration, maintenance, and repair of existing buildings will be governed by the EBC, the latest addition to the suite of NYC Construction Codes. Both the BC and the EBC are the product of NYC-specific review and amendment of model codes published by the International Code Council. However, the EBC is organized by type of alteration (Chapters 5-14), while the NYC BC is organized by building systems.

Refer to EBC 101.1; EBC 101.2.

Yes, the text of Intro 1321 that introduced the NYC EBC is available on DOB's website at: https://www.nyc.gov/assets/buildings/pdf/ecb_intro1321.pdf. This document reflects the legislation introduced by Council on June 11, 2025, but does not contain some minor editorial changes made to the version enacted as Local Law 33 of 2026.

The EBC references Chapter 11 of the NYC BC for accessibility requirements. Existing rules that provide alternative compliance methods for accessibility may continue to be applicable unless specifically rescinded. Users should monitor DOB guidance following EBC adoption for confirmation of continued applicability of RCNY 1101-01.

Refer to EBC 306; BC Chapter 11.

July 17, 2027

The NYC Existing Building Code will govern alterations to existing buildings on and after July 17, 2027. At that point, the NYC BC will govern new construction. Additionally, these two codes are organized differently; the EBC is organized by type of alteration (Chapters 5-14), while the NYC BC is generally organized by building system.

Refer to EBC 101.1; EBC 101.2.

The EBC frequently references other Construction Codes throughout its text. This is by design, as the EBC addresses existing building alterations while relying on the NYC Building Code, NYC Mechanical Code, NYC Plumbing Code, NYC Fire Code, and other Codes for specific technical requirements. The EBC establishes when and how compliance with those Codes is required, while the referenced Codes provide detailed technical standards. Users should expect to consult multiple Codes when using the EBC.

Refer to EBC 101.4; EBC 102.4.

The Existing Building Code maintains the 110% floor area concept in Section 302.7. However, based on the definition of building area, a balcony would not be included in the calculation:

"AREA, BUILDING. For the purpose of calculating work area as a percentage of building area, building area shall be calculated to include the floor area of the entire building including above and below grade stories exclusive of vent shafts and courts. All measurements shall include thickness of exterior walls."

The EBC addresses existing buildings and is organized by type of alteration, while the NYC BC largely addresses new construction and is organized by building systems. However, in many instances, the EBC requires compliance with other Construction Codes.

EBC Section 201.3 covers terms defined in other Codes, including Approved Inspection Agency, which can be found in NYC Administrative Code Section 28-101.5. Terms and definitions in Section AC 28-101.5 are applicable across NYC Construction Codes and need not be repeated or redefined in these other Codes.

Refer to EBC 201.3.1.

No, EBC Appendix D supplements the MDL, providing users with a single book that contains both Code and MDL applicable regulations needed to achieve compliance. Additionally, Appendix D:

1. Contains the MDL frequently used technical requirements for the different MDL classifications.
2. Where permitted by the MDL Section 3(11), introduces more modern requirements to align with NYC Codes.
3. Introduces new multiple dwelling classifications for residential buildings constructed after 1968 Code.
4. Refers to MDL for Loft conversions of existing buildings subject to Article 7B.
5. Is organized to mirror the structure of the MDL, so it is easier for the Code user.

NOTE: NYS MDL is still applicable to multiple dwellings in NYC.

Yes, Appendices A, B, and D, are parts of the Existing Building Code (EBC), as per EBC 101.8. Section EBC 101.8 Appendices states: “The appendices referenced in this Code shall be considered part of the requirements of this Code to the prescribed extent of each such reference.

Section EBC 105.3 details the code requirements for types of work that do not require a permit including minor alterations and ordinary repairs, and Ordinary plumbing work. Specific types of work that are exempt from permits may be found in the Department rules.

Refer to EBC 105.3.

No, EBC reserved Chapter 12.

Chapter 14 governs relocation of buildings in addition to other applicable EBC chapters for the type of alteration made to the building: Ch 3 for any alteration, Ch 8 for Level 1, Ch 9 for Level 2, Ch 10 for any change of occupancy, Ch 11 for Additions, and Ch 7 for all structural work associated with the relocation of the building.

No, EBC Chapter 15 supplements BC Chapter 33 with a focus on safety of building occupants during construction activities. Refer to EBC 1501.2.

Yes, EBC Sections 302.7 and 901.2 states that where a Level 2 alteration made to an existing building causes the existing floor surface area to be increased by more than 110%, such building shall comply with the BC as if hereafter erected.

Definitions can be found as follows:

• Definitions in the NYC Construction Codes apply to the EBC.
• EBC Section 201.3.1 lists certain terms defined in the Administrative Code Section 28-101.5.
• EBC specific terms are defined in EBC Section 202.
• Terms applicable to multiple dwellings are defined in EBC Appendix D, Chapter D2.

Building area is a term defined in EBC Section 202 as “for the purpose of calculating work area as a percentage of building area, building area shall be calculated to include the floor area of the entire building including above and below grade stories exclusive of vent shafts and courts. All measurements shall include thickness of exterior walls.

Work area is a term defined in EBC Section 202 as “that portion or portions of a building consisting of all reconfigured spaces as indicated on the construction documents and described in Chapter 6.”

A primary function is a major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the customer services lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public accommodation or other private entity using the facility are carried out.

Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, janitorial closets, entrances, corridors and restrooms are not areas containing a primary function.

No, the Existing Building Code is the lead code applicable to existing buildings. Previous codes in existence prior to the effective date of the 2022 Building Code (November 7, 2022), are no longer in effect.

There are two exceptions: a) The provisions of Codes in effect prior to November 7, 2022, remain applicable to the extent they establish the lawful existing conditions of a building and b) the retroactive provisions of the 1968 Code remain applicable to existing Prior Code buildings and are enforceable by the Department.

EBC Ch 4 is reserved for future use by the department in upcoming Code cycles.

EBC Chapter 15 supplements BC Chapter 33 to safeguard occupants of existing buildings during construction activities. The owner, contractors, and RDP shall ensure compliance with the applicable provisions of both chapters.

A TPP is required where alteration, construction, or partial demolition work is performed in a building in which any dwelling unit will be occupied during the work, including newly constructed buildings with one or more occupied dwelling units.

Refer to EBC Section 1503.1.

An OPP is required where alteration, construction, or partial demolition work is performed in a non-residential building that will be occupied during the work, including newly constructed buildings that are partially occupied while work is ongoing, shall be conducted in accordance with an occupant protection plan.

Refer to EBC Section 1504.1.

EBC Section 803.2.4 addresses non-egress convenience stairways and escalator openings. For a convenience stair in a sprinklered B occupancy building, the vertical opening protection requirements may be satisfied through alternative means as permitted by the NYC Building Code for atriums and similar openings. A 5-story open convenience stair would typically require compliance with atrium provisions (BC Section 404) or shaft enclosure requirements. The sprinkler system alone does not eliminate the need for vertical opening protection, but may allow for reduced requirements.

Refer to EBC 803.2.4; BC 404; BC 713.

EBC Section 805.6 maintains allowances for the length of dead-end corridors in Prior Code Buildings. There are exceptions to the 20-foot dead-end corridor limit. Table 805.6 allows up to 40 feet for R-2 occupancies in Prior Code Buildings, consistent with the provisions of 1968 BC Table 6-1. Existing dead-end corridors that comply with the Code under which the building was constructed may remain.

Refer to EBC 805.6; EBC Table 805.6; 1968 BC Table 6-1.

Yes, the EBC largely incorporates the provisions of the 1968 BC for floors with one means of egress in Prior Code Buildings. See EBC Section 805.3.1.1.1 and 1968 BC Section 27-366.

Yes, in Prior Code Buildings an existing fire escape may be maintained as one of the required means of egress. However, new fire escapes shall not be permitted as a means of egress except for the following:

1. Fire escapes for Occupancy Group R-2 buildings as permitted by Appendix D of the EBC.
2. Fire escapes for Occupancy Groups B, F or M buildings constructed prior to December 6, 1968 as permitted by the Commissioner.
3. Prior Code group homes constructed after December 6, 1968.

See EBC Sections 805.3.1.3 and 305.5.16.

Yes, the EBC largely incorporates the provisions of the 1968 BC for spaces with one exit access door in Prior Code Buildings. See EBC Table 805.4.1.1 and 1968 BC Table 6-3.

Yes, the EBC largely incorporates the provisions of the 1968 BC for dead end corridors in Prior Code Buildings. See EBC Table 805.6 and 1968 BC Table 6-1.

Replacement or alteration of existing escalators that were approved to be used as a second means of egress in Prior Code Buildings shall be permitted in compliance with EBC Section 305.5.17. New escalators are not permitted to be used as a component of a required means of egress. See EBC Section 805.13.

No, riser height and tread depth for new stairs and vertical extension of existing stairs shall comply with BC Chapter 10. However, alteration or replacement within the same shaft made to existing stairs where the existing space and construction does not allow a reduction in pitch or slope shall be permitted to maintain the existing riser height and tread depth and shall comply with EBC Table 305.5.11.2.

EBC Section 305.5.16 does not allow the installation of new fire escapes in Prior Code Buildings, except for the following:

1. Fire escapes for Occupancy Group R-2 buildings as permitted by Appendix D of this Code.
2. Fire escapes for Occupancy Groups B, F or M buildings constructed prior to December 6, 1968 as permitted by the Commissioner.
3. Prior Code group homes constructed after December 6, 1968.

Yes, in Prior Code Buildings an existing escalator previously approved for use as a means of egress component shall be permitted to continue to be used as a means of egress component in lieu of interior stairs, subject to the provisions of EBC Section 305.5.17.

Where an altered or relocated escalator does not meet the requirements of EBC Section 305.5.17, an additional stairway or stairways complying with BC Chapter 10 shall be provided. New, relocated, or existing escalators not previously approved for such use, shall not be used as a means of egress component.

Yes, In prior code buildings, elevator cabs installed in existing shafts shall be permitted to be smaller than that required by BC Chapter 30, where necessary to fit in the existing shaft.

However, an existing elevator shaft shall be enlarged or a new elevator shaft shall be constructed to accommodate an elevator cab in compliance with BC Chapter 11 where the entire building is required to be accessible pursuant to EBC Sections 302.7, 906, 1006 or 1106.

See EBC Section 312.4.

Core and shell construction is subject to EBC Section 101.4.1, which states that buildings or portions of buildings that have not been previously occupied or used would be subject to the provisions of law in existence on the date of permit issuance. So the tenant fit out of a building constructed under the 2022 Code would be subject to the 2022 Code. It would not be acceptable to treat the completion of the new building's tenant space as though it were an alteration to an existing building. By virtue of the fact that the building has not yet been completed, it cannot be considered an existing building.

Per EBC Section 601.2.1, work areas from multiple applications should be considered cumulatively where the applications involve Level 1 or Level 2 alterations filed after the effective date of the EBC and the applications remain open and have not been signed off. This applies regardless of whether different architects of record (AORs) are involved. To avoid unintended classification as Level 2, it is recommended that existing open applications be completed and signed off before filing new ones.

Refer to EBC 601.2.1.

When a Post Approval Amendment (PAA) changes the assumptions of the initial filing, the work area must be recalculated to reflect the revised scope. Per EBC Section 601.2.1, work areas from applications that remain open and have not been signed off should be considered cumulatively. If the PAA increases the work area beyond 50% of building area, it could trigger reclassification from Level 1 to Level 2 alteration, requiring compliance with the more stringent provisions of EBC Chapter 9.

Refer to EBC 601.2.1; EBC 601.2.

DOB NOW is based on work type applications and permits, and that logic will be maintained under the EBC. The specific filing procedures for Level 1 and Level 2 alterations will be established by DOB through administrative guidance and system updates once the EBC becomes effective. Users should monitor DOB announcements for updates on filing procedures.

Refer to EBC Chapter 8 (Level 1); EBC Chapter 9 (Level 2).

The Existing Building Code does not substantively change the DOB Now application filing process. Additions, both horizontal and vertical enlargements, are subject to requirements of EBC Chapter 11. The actual requirements will depend on the scope and nature of the enlargement, change of occupancy, and increase in occupant load. Additions do generally require CO amendments when they increase floor area or change the building's occupancy classification.

Refer to EBC Chapter 11; EBC 1101; EBC 1102.

Per EBC Section 601.2.1, work areas from multiple applications should be considered cumulatively where: (1) the applications involve Level 1 or Level 2 alterations filed after the effective date of the EBC, and (2) the applications remain open and have not been signed off. Multiple simultaneous filings by different applicants in the same building would be aggregated by DOB. If the combined work area exceeds 50% of building area, it could trigger Level 2 requirements. Where there is a concern, building owners and applicants should coordinate to track cumulative work areas.

Refer to EBC 601.2.1.

Yes, building area includes cellars, but excludes vent shafts and courts. Building area includes the thickness of exterior walls. Refer to EBC 202 and EBC 601.2.

Where the Work Area exceeds 50% of a particular floor, the design professional of record shall visually assess the condition of fire-resistant building elements and assemblies within the Work Area, and egress elements serving the Work Area on that same story.

The assessment shall include the condition of elements including: exit doors; shafts and vertical opening enclosures; exit stair enclosures; fire walls and fire-rated partitions; protection of lot line windows; fire escapes and access thereto.

Where the assessment reveals unsafe conditions or deteriorated building elements, such elements shall be remediated. All conditions noted as hazardous to life, safety or health that are not immediately corrected shall be brought to the immediate attention of the Commissioner.

See EBC Section 803.10.

Yes, for alterations of one- and two-family dwellings in Occupancy Group R-3.

Level 2 Alterations will need to comply with the applicable requirements of EBC Chapters 3, 8, and 9. There are provisions within the these chapters that trigger the upgrade of certain elements and systems as new construction and is required throughout the building. Examples include, but are not limited to:

• in high rise, prior code buildings, smokeproof exit enclosures and elevator lobbies shall be provided for all exit stairways throughout the building where the work area exceeds 75% of the building area. See EBC Sections 902.1.1.5 and 902.1.1..
• the entire building shall comply with BC Chapter 9 as if hereafter erected where the work increases floor surface area of the building by more than 110% or the work area exceeds 75% of the building area. See EBC Section 904.1.2
• in Occupancy Group R-1 or R-2 prior code buildings existing combustible exit stairs shall be replaced in their entirety with non-combustible construction, where the work area exceeds 75% of the building area. See EBC Section 905.2
• electrical, mechanical, plumbing and fuel gas systems shall comply with the NYC Construction Codes for new construction, where the work area exceeds 75% of the building area. See EBC Sections 908.1.1, 909.2.3, 910.1.1, and 911.1.1.

Hazard categories are values assigned to each occupancy group for the type of hazard addressed in Ch 10. Such categories are used to determine the required code compliance when the change of occupancy is made to a higher, equal or lesser category.

Refer to Tables 1003.2, 1003.3, 1005.2 of Ch 10.

Work exempt from permit includes minor alterations and ordinary repairs, Category 1 and 2 ordinary plumbing work, repairs to fire alarm systems and repairs to elevators and conveying systems. See Administrative Code Section 28-105.4 and EBC Section 105.3.1 for details and limitations.

EBC Section 106 refers to the requirements for construction documents set by the Administrative Code and the other NYC Construction Codes. The EBC also establishes additional requirements, including:

• Structural plans as required by BC 107.7 and Chapter 16 in addition to new requirements of EBC Section 702. See EBC Section 106.2.1.
• Fire protection systems as required by BC 107.9 and a plot plan indicating the location of the system in relation to the rest of the building. See EBC Section 106.2.2.
• Means of egress details as required by BC Chapter 10 and EBC Chapters 8, 9, 10, 11, 13, and 14 with a focus on work area. See EBC Section 106.2.3.
• Exterior wall envelope details, showing compliance with building and energy conservation codes. Use of similar materials, assemblies and details as permitted by EBC 302.4. See EBC Section 106.2.4.
• A site plan to scale showing 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. The site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain. See EBC Section 106.2.5.
• Where the proposed work requires compliance with the NYC Zoning Resolution, the site plan shall include the entire zoning lot with details required to demonstrate compliance.
• Special requirements for certain types of work, such as work involving relocation, moving or raising a building and Tenant Protection Plan. See EBC Section 106.2.9.
• Additional requirements for alterations, additions, repairs, changes of occupancy and relocations of existing buildings such as Fire Protection Plan and Site Safety Plan. See EBC Section 106.3.

Permit fees for work on existing buildings shall be determined by Article 112 of the Administrative Code.

The work area compliance method provides a prescriptive approach to compliance. Alterations, additions and changes in occupancy including relocated, moved or raised buildings or structures, as classified in EBC Chapter 6, shall comply with the applicable provisions of EBC Chapters 3, 7 through 11, and 14.

The building safety performance and scoring method provides an alternative compliance path for alterations made to existing buildings constructed prior to July 1, 2008. The registered design professional of record may comply with Chapter 13 as an alternative to compliance with the fire safety and means of egress provisions of EBC Chapters 3 and 8 through 11. With this method, the evaluation performed in accordance with EBC Chapter 13 shall yield a passing score for each category in EBC Section 1304, in accordance with rules promulgated by the Department.

The EBC refers to AC Article 116 and BC Section 110 for inspection requirements. Work subject to special inspection shall comply with the applicable provisions of BC Chapter 17. In addition, the EBC requires the following inspections and assessments:

1. Inspection for compliance with a Tenant Protection Plan, where required by EBC Section 1503.
2. Architectural Assessment: Where an existing building is being altered and the work area exceeds 50% of a floor area, the design professional of record shall perform an assessment of certain building elements within the work area to evaluate their condition. See EBC Section 810.3.
3. Structural conditions assessment: initial and detailed conditions assessment shall be performed before and during the construction phase per EBC Section 704.

Per EBC Section 803.2, where the work area on any floor exceeds 50% of that floor area, stairways that are part of the means of egress serving the work area shall, at a minimum, be enclosed with 1-hour fire-rated construction on the highest work area floor and all floors below. The portions of the stair above the work area floor are not required to be enclosed as part of this requirement, provided they comply with the code under which the building was constructed. The intent is to protect the egress path from the work area to the exit discharge.

Refer to EBC 803.2.1 through 803.2.3.

Yes, EBC Section 805.6 maintains allowances for the length of dead end corridors in prior code buildings. There are exceptions to the 20-foot dead-end corridor limit in EBC Section 805.6. Table 805.6 allows up to 40 feet for R-2 occupancies in Prior Code Buildings, consistent with the provisions of 1968 BC Table 6-1.

Refer to EBC 805.6; EBC Table 805.6; 1968 BC Table 6-1.

A Level 1 Alteration as defined in EBC 202 is: “An alteration made to an existing building or structure, other than an addition, a change of occupancy or relocation, moving or raising of a building, where the work area does not exceed 50% of the building area. Such Level 1 Alteration shall be subject to Chapter 8.”

For example, the entire 3rd floor of a 15-story office building is being renovated for a new office tenant, with new partitions, bathrooms, and mechanical system. The work area is determined to be less than 50% of the building area per EBC 601.2. Then, this alteration is a Level 1 Alteration, subject to EBC Chapter 8.

Yes, EBC Chapter 3 applies. Chapter 3 provides general requirements for all types of alterations. Chapter 8 provides specific requirements for Level 1 alterations.

Chapters 3 and 8 in turn provide the baseline requirements for Level 2 alterations (Chapter 9), changes of occupancy (Chapter 10), and additions (Chapter 11).

Limited alterations not requiring a permit are not considered as work area, if no permit application is submitted. However, when such work is performed as part of the scope of a Level 1 or Level 2 alteration, they must contribute to the work area determination. Refer to EBC 601.2.2.

No, the LAA applicant should prepare tenant safety notes with such notes posted at the worksite in a location visible to the public.

Refer to EBC Section 1502.7.

Yes, see EBC Section 105.4 and EBC Chapter 5.

Certain Limited Home Improvement Alterations may be filed by the homeowner; others may be filed by a home improvement contractor. A home improvement contractor is an individual who has been issued a home improvement contractor license by the Department of Consumer and Worker Protection. See EBC Section 507.2.

NOTE: Electrical and plumbing work associated with home improvement limited alterations shall require the filing for a permit and be performed by a licensed electrician and/or a licensed plumber.

Limited Window Replacement Alterations and Limited Reroofing Alterations may be filed and performed by a home improvement contractor or by a general contractor. If not filed by HIC or GC, then these must be filed as part of Level 1 or Level 2 Alterations. Note that window replacement and reroofing for 1 and 2 family dwellings are exempt from a permit per EBC Section 105.3.

See EBC Sections 508 and 509 for covered work and compliance requirements.

EBC Section 118 provides a list of required maintenance and periodic inspections as per AC Chapter 3.

Yes, existing buildings classified in Occupancy Groups I-1, R-1 and R-2, containing three dwelling units or more shall be identified as multiple dwellings, subject to the NYS Multiple Dwelling Law and EBC Appendix D, as well as the other provisions of the EBC. See EBC Section 314.

Changes of occupancy are not included within the definition of a work area. Instead, changes of occupancy are governed by specific requirements in EBC Chapter 10. However, when Chapter 10 requires compliance with Chapters 8 or 9, all areas subject to the change of occupancy shall be considered a work area for the purpose of complying with the applicable provisions of Chapters 8 or 9.

A change in Occupancy Classification is a change from one occupancy classification or occupancy group to another such as:

1. A change from Business Group B to Educational Group E
2. A change from Factory Group F-2 to Storage Group S-2
3. A change from a Hotel Group R-1 to Class A Apartment Building Group R-2

Refer to EBC Section 1001.3.

In most cases, yes. However, the RDP must consult Section AC 28-118 to determine if a new or amended CO is required, for example:

An existing CO for a school list School as the use on all floors without specifics, and the proposed work converts two classrooms into a library on the second floor. While this change is subject to CH 10, it does not require a new or amended CO pursuant to AC 28-118.

Refer to Sections AC 28-118 and EBC 1001.2.

No, not by default. However, if Ch 10 requires compliance with Chapter 8 or Chapter 9 for the proposed work, the area subject to the change of occupancy shall be deemed a Work Area.<?p>

Refer to EBC Section 1001.4.2.

Yes, in accordance with EBC Table 1003.2, hazard categories range from number 1 (highest hazard) to number 4 (lowest hazard). So, a change from Group S-1 to Group R-2, is considered a change to a higher hazard category subject to EBC 1003.2.1.

If the 6th floor subject to the change in occupancy classification (from B to R-2) is separated from the remainder of the building by fire barriers or horizontal assemblies having a fire resistance rating in accordance with BC 707 or BC 711, as applicable, compliance with BC Chapter 9 will be limited to the 6th floor.

However, if the 6th floor is not separated from the remainder of the building by fire barriers or horizontal assemblies, compliance with BC Chapter 9 shall apply to the entire non-separated area.

Refer to EBC Sections 1004.1.2, 1004.1.2.1, and 1004.1.2.2.

Light and ventilation requirements applicable to residential buildings Group R-2 are:

• BC Chapter 12
• EBC Appendix D based on the multiple dwellings’ classification; and
• NYC Housing Maintenance Code.

In accordance with EBC 101.4.1, a building that has not been previously occupied in accordance with the laws in existence at the time of its completion, may be occupied and used pursuant to such laws, subject to AC Section 28-105.9 (expiration and reinstatement of permits).

EBC Chapter 13 can be elected by the RDP when compliance with certain safety related code provisions cannot be complied with due to unique characteristics of the building, see EBC Table 301.1.4. Compliance with CH 13 is subject to the following conditions:

1. The building is constructed prior to July 1, 2008.
2. The proposed alteration does not result in an increase in the floor surface area by more than 110%.
3. All other applicable provisions, other than those sections listed in EBC Table 301.1.4, are complied with.
4. The alteration meets the investigation and evaluation requirements of CH 13 and the department rules.
5. The building meets a scoring value determined by department rules.

Refer to EBC Sections 1301 through 1304.

Per EBC Section 302.8, Codes in effect prior to November 7, 2022 shall not apply to work filed after the effective date of the EBC. However, existing conditions established under Prior Codes remain lawful and enforceable. EBC Chapter 3 (Section 305) provides detailed provisions for compliance alternatives in Prior Code Buildings, including specific sections addressing 1938 Code buildings (305.4) and 1968 Code buildings (305.5). These provisions allow certain Prior Code conditions to remain where the building lawfully exists under those Codes.

Refer to EBC 302.8; EBC 305; EBC 305.4; EBC 305.5.

Prior Code Building or structure is a defined term in EBC 202 and AC 28-101.5. In simple terms it represents those existing buildings constructed pursuant to Codes in existence prior to July 1, 2008, such as 1938 Code and 1968 Code. Throughout the EBC, special provisions and exceptions are provided for Prior Code Buildings with the intention to grant relief from the strict compliance of EBC provisions.

Yes, EBC Sections 803.2.1 through 803.2.3 describe the enclosure requirements for existing shafts and vertical openings in a Work Area in a Prior Code Building by occupancy group.

For example, in Group A occupancies in a Prior Code Building, a minimum 1-hour rated enclosure shall be provided to protect all existing vertical openings not exceeding three stories occupied by the same tenant and when the building is protected throughout by an approved automatic fire sprinkler system.

Where the Work Area on any floor exceeds 50% of that floor area, the enclosure requirements apply to vertical openings other than stairways throughout the floor. Stairways that are part of the means of egress serving the Work Area shall, at a minimum, be enclosed with 1-hour fire-rated construction on the highest Work Area floor and all floors below.

The term Prior Code Building is defined in AC 28-101.5 and EBC Section 202 as:

“A building or structure erected in accordance with the building laws in effect prior to July 1, 2008.”

Existing buildings that meet this definition have special considerations throughout the EBC.

Yes, EBC Section 305.5 carries over the most common requirements of Subchapters 6 and 8 of the 1968 Code for existing means of egress and places of assembly. Also, EBC Section 805 contains requirements that are specific to Prior Code Buildings such as single exit buildings (805.3.1.1.1), fire escapes (805.3.1.3), and required number of exits and exit access doorways (805.4.1.1).

Existing street floor lobbies serving as exit passageways in Prior Code Buildings may be altered in compliance with the following:

1. 100% of the total number of vertical exits may be served by the existing street floor lobby, if vertical exits terminate remotely from each other to open exterior spaces.
2. Such lobbies are sized to accommodate the existing and new occupant load of all stairs and communicating spaces.
3. Openings between street floor lobbies, and elevators or communicating spaces, shall comply with BC Chapter 10.

See EBC Section 305.5.10 for details and exceptions.

No, relocation, moving or raising of a building shall not create any noncompliance and the new location shall conform to the applicable requirements of NYC BC, NYC FC, and NYC Zoning Resolution.

Refer to EBC Sections 1401.2 and 1402.1.

As required by EBC 1402.3, the relocation or moving of a building to a flood hazard area shall comply with BC 1612 and BC Appendix D.

No, the relocated building shall be made accessible at the entrance(s) in compliance with BC Chapter 11.

Refer to EBC Section 1402.6.

Major renovations that renovate a majority of existing interior floor area without adding floor area or replacing heating/hot water systems would be classified Level 2 alterations based on work area. Per EBC Section 601.2, if the work area exceeds 50% of the building area, it is a Level 2 alteration governed by Chapter 9. The applicable compliance requirements are dependent on the alteration level, with Level 2 having more extensive requirements for means of egress, accessibility, structural, and MEP systems.

Refer to EBC 601.2; EBC 603; EBC Chapter 8; EBC Chapter 9.

Work Area is defined in EBC Section 202; Section 601.2.3.1, further clarifies that work area does not include spaces where only systems are extended without reconfiguration of the space. Only spaces that are reconfigured (partitions, shafts, openings) are counted.

Per EBC Section 601.2.3, work area is calculated based on interior work involving reconfiguration of spaces. Per Section 601.2.3.2, work on exterior walls and roofs is generally not considered work area, with the exception of window and skylight openings that impact and reconfigure the interior space they serve. Exterior work affecting light and air (such as new windows) would count toward work area only to the extent it reconfigures interior spaces per Section 601.2.3.1 items 6 and 7. The calculation would combine interior reconfigured spaces plus any interior spaces affected by exterior openings.

Refer to EBC 601.2.3; EBC 601.2.3.1; EBC 601.2.3.2.

Per EBC Section 601.2.3, work area is measured to the inside face of existing enclosing walls of a space. In apartment combinations, vestibules that remain unchanged and are not reconfigured by the alteration work are not included in the work area calculation. Only spaces that are reconfigured – such as where partitions are added, removed, or relocated – are counted toward work area. If the vestibule walls remain in place and the space is not altered, it would not be considered part of the reconfigured work area.

Refer to EBC 601.2.3; EBC 202.

Yes, per EBC Section 601.2.3.1, spaces that are reconfigured by the installation of partitions are included in work area. Adding an enclosed, fire-rated corridor involves new partition construction that reconfigures the adjacent spaces. The work area would include the corridor itself plus any rooms or spaces whose layout is altered by the corridor installation. This includes spaces where walls are added to create the rated enclosure.

Refer to EBC 601.2.3.1; EBC 202.

Yes, enclosing a balcony would count as work area. Per EBC Section 601.2.3.1, work involving the creation of interior space from previously exterior space constitutes a reconfiguration. Enclosing a balcony converts exterior space to interior occupied space, which adds to the building area and constitutes work area. Additionally, this may be considered an addition under EBC Chapter 11 if floor area is being added to the building.

Refer to EBC 601.2.3.1; EBC Chapter 11; EBC 202.

Per EBC Section 601.2.1, work areas from multiple applications should be considered cumulatively where the applications involve Level 1 or Level 2 alterations filed after the effective date of the EBC and the applications remain open and have not been signed off. For large buildings with multiple simultaneous tenant alterations, each open application's work area would be aggregated. Building owners should coordinate with tenants and track cumulative work areas to determine if the combined scope triggers Level 2 requirements. Signing off completed applications before filing new ones can help manage cumulative thresholds.

Refer to EBC 601.2.1.

Per EBC Section 601.2.3.2, alteration of the exterior walls and roof shall not be considered as work area in determining Level 1 and Level 2 alterations. Adding brick veneer or replacing facade materials without impacting interior spaces would not count toward work area. However, if the facade alteration impacts interior spaces by creating or sealing operable windows, skylights, or doors, work area shall be determined in accordance with Section 601.2.3.1.

Refer to EBC 601.2.3.2; EBC 601.2.3.1.

Per EBC Section 601.2.3.1, work area includes spaces reconfigured by alteration involving partitions. When combining apartments, creating a new opening between units reconfigures the spaces on both sides of the opening. The work area calculation depends on the extent of reconfiguration. If only a door opening is being created and no other partitions are modified, the work area would be calculated per Section 601.2.3.1 based on the rooms directly affected by the opening. The EBC definition focuses on reconfiguration, not on whether the function of a room changes.

Refer to EBC 601.2.3.1; EBC 202.

Yes, per EBC Section 601.2.1, work areas from multiple applications should be considered cumulatively where: (1) the applications involve Level 1 or Level 2 alterations filed after the effective date of the EBC, and (2) the applications remain open and have not been signed off. Previous renovations that have been completed and signed off are not included in the cumulative calculation. Only open, active applications contribute to the cumulative work area determination. Refer to EBC 601.2.1.

Refer to EBC 601.2.1.

Yes, per EBC Section 601.2, if the cumulative work area from all work (including minor partition modifications) exceeds 50% of the building area, the alteration would be classified as a Level 2 alteration subject to the requirements of EBC Chapter 9. The level of alteration is determined by the total work area regardless of the nature of individual modifications. Minor work contributing to a larger scope that exceeds the 50% threshold triggers the more stringent Level 2 requirements.

Refer to EBC 601.2; EBC Chapter 9.

Per EBC Section 601.2.1, work areas from multiple applications are considered cumulatively for applications that remain open. DOB's system tracks all applications for a given building. While individual applicants may not be aware of other concurrent filings, DOB may flag cumulative work area thresholds during plan review. Building owners should coordinate with all applicants and consultants to track cumulative work areas. The responsibility for compliance rests with the building owner and each applicant's registered design professional.

Refer to EBC 601.2.1.

Yes, per EBC Section 601.2.1, work areas from multiple applications should be considered cumulatively where the applications involve alterations filed after the effective date of the EBC and remain open. This applies to condo and co-op buildings where individual unit owners file separate applications. The cumulative work area of all open applications in the building would be considered when determining the level of alteration. Particularly for smaller buildings, building management might consider coordinating filings to avoid inadvertently triggering Level 2 requirements.

Refer to EBC 601.2.1.

Work areas from multiple applications should be considered cumulatively under the following conditions:

1. The applications involve Level 1 or Level 2 alterations filed after the effective date of the Existing Building Code (EBC); and
2. The applications remain open and have not been signed off.

To avoid unintended classification of the alteration as Level 2, it is recommended that existing open applications be completed and signed off before filing new ones.

NOTE: The cumulative consideration of work areas from open applications is intended solely for determining the appropriate level of alteration (Level 1 or Level 2) and identifying the applicable EBC chapter (Chapter 8 or Chapter 9).

Refer to EBC 601.2.1.

Work area includes spaces reconfigured by alteration involving partitions, stairs, mezzanines, ceiling height modifications, shafts and openings in floors, skylights, windows. The boundaries of work area are measured to the inside face of existing enclosing walls of a space and include the thickness of new walls that are installed or walls that are modified as part of the work.

Refer to EBC 202 Definition of “Work Area” and EBC 601.2.3.

No, work area would include both rooms that are reconfigured by the installation or removal of the wall, including the area of the wall itself.

No, the provisions of EBC Chapter 8 detail the extent of compliance for different building systems and components within and beyond the work area. Exceptions are provided for certain requirements to exempt tenant spaces that are outside the work area.

Two scenarios may be considered:

1. Scenario #1: the interior demolition application is signed off before the filing of the tenant fit-out work, the work area will be considered for this application only and it will not affect the second application work area. The second application will have its own work area.
2. Scenario #2: if both applications were filed within a short period of time of each other, and the RDP discloses to DOB that both applications are filed for the same space as a one project, the work area is counted once.

Yes, if the window or skylight is required for ventilation. For such required openings, If the area of the window or skylight opening exceeds 10% of the space it serves, then the entire space is considered to be reconfigured and is counted as work area. If the opening area is less than 10% of the space, then the work area is calculated at 10x of the opening area.

Refer to EBC 601.2.3.1 items 6 and 7.

A space is considered to be reconfigured when a layout is altered, including but not limited to the installation or removal of partitions, ceiling height modifications, stairs, mezzanines, openings and shafts between floors, windows or skylights required for ventilation, and elevator hoistways.

Refer to EBC 601.2.3.1 ‘Interior Work.’

No, work on exterior walls and roofs is generally not considered as work area in determining Level 1 and Level 2 Alterations. However, there is an exception for window and skylight openings that impact and reconfigure the interior space(s) that such openings serve which would be included in work area.

Refer to EBC 601.2.3.2.

The Department recommends that the Registered Design Professional (RDP) evaluate the proposed work pursuant to both EBC Chapter 6 and the EBC Chapter 5 provisions applicable to minor alterations, ordinary repairs, and limited alterations.

Relocating, moving or raising a building alone is not included within the definition of a work area, and instead, provisions for relocating, moving or raising a building are addressed by Chapter 14. However, any alteration within the building, which is likely incidental to such a scope, would contribute toward work area and be subject to Chapters 8 or 9 depending on the level of alteration.

Minor alterations and ordinary repairs not requiring a permit are not considered as work area, if no permit application is submitted. However, when such work is performed as part of the scope of a Level 1 or Level 2 alteration, they must contribute to the work area determination.

Refer to EBC 601.2.2.

EBC Section 202 defines work area as, “That portion or portions of a building consisting of all reconfigured spaces as indicated on the construction documents and described in Chapter 6.” See Section 601.2 to determine Work Area and the type of work that is considered a reconfiguration of space.

Refer to EBC 202.

No.

Floor surface area is defined in EBC Section 302.7.4 as:

For the purpose of calculating floor surface area in accordance with Section 302.7, floor surface area is the gross square foot area of all floor and roof surfaces, including roofs of bulkheads and superstructures, of a building or structure at any level, including cellar, attic and roof. Where such surfaces are sloped, the measurement shall be the horizontal projected area thereof