When to Apply the 2014 Construction Codes vs. 2022 Construction Codes
By Bruno Caligara
By now, many of you are gearing up for November 7, 2022, when the 2022 NYC Construction Codes become effective. Any projects filed on or after that date will fall under the new codes—unless specific actions are taken before the deadline. The Department of Buildings (DOB) has released guidance regarding the filing requirements for various job types to apply the 2014 Construction Codes.
New Building & Alteration Permit Applications
While special rules govern projects subject to Chapter BC 33 (Safeguards During Construction or Demolition) and applications for temporary construction installations and crane, derrick, and mast climber permits, New Building (NB) and Alteration (ALT) permit applications submitted before November 7, 2022, will fall under the 2014 Construction Codes. This guideline also applies to permit applications for the following:
- Alterations that affect Certificates of Occupancy (ALT-CO)
- Alterations that include partial demolitions
- Service Equipment
- Fire Protection and Fire Suppression Systems
- Temporary Structures
- Temporary Uses
- Limited Alteration Applications (LAA)
Submitted construction documents must meet the minimum requirements for completeness, as specified by the DOB’s Plan Examination Guidelines – Minimum Requirement for Review of Design Drawings.
- NB applications must include complete architectural, structural, and foundation drawings
- ALT applications for enlargement must include complete architectural and structural drawings, as well as complete foundation drawings, if applicable
Reviews and approvals from other agencies do not need to be submitted before November 7 to have the 2014 Construction Codes apply to the project.
For NB applications that make the November 7 deadline, the 2014 Construction Codes will apply to the entire project, including additional construction filings submitted after that date, such as fire alarms or mechanical filings.
Increase in building size/footprint. Any substantial increase in work scope related to the overall size or footprint of the building made after November 7, 2022, will require full compliance with 2022 Construction Codes. Previously submitted applications will need to be re-filed accordingly, unless the appropriate borough office authorizes otherwise.
Construction Projects Requiring Site Safety Plans
Construction and alteration work applications submitted before November 7 will be subject to the 2014 version of BC Chapter 33 and Article 110 of Title 28 of the Administrative Code for the duration of the project. For those projects that require a Site Safety Plan (SSP), the SSP must also be approved before November 7.
The SSP must meet the minimum requirements for completeness according to the Minimum Content of Site Safety Plan Submissions. In addition, the SSP must cover all anticipated work and aspects of the site for at least one phase of the construction or alteration project. (An approved SSP that only addresses demolition will not qualify.)
Full Demolition Permit Applications
Applications for full demolitions submitted before November 7 will be subject to the 2014 version of BC Chapter 33 and Article 110 of Title 28 of the Administrative Code for the duration of the project, including subsequent filings related to BC Chapter 33 and the SSP.
For full demolition work that DOES NOT require a SSP but does require submittal documents per Section BC 3306.5:
Submittal documents must be filed before November 7 and meet the minimum requirements for completeness according to Plan Examination Guidelines – Minimum Requirement for Review of Design Drawings.
For full demolition work that DOES NOT require a SSP and does NOT require submittal documents:
A complete pre-demolition inspection package—including all required reports, statements, documents, photographs, signatures, and, as applicable, professional seals—must be submitted before November 7, 2022.
For full demolition work that DOES require a SSP:
The SSP must be filed before November 7 and meet minimum requirements for completeness according to Minimum Content of Site Safety Plan Submissions. In addition, the SSP must cover all anticipated work and aspects of the site for at least one phase of demolition.
Temporary Construction Installation and Crane, Derrick & Mast Climber Applications
To comply with the 2014 Construction Code requirements, permit applications for temporary construction installations, such as sidewalk sheds and scaffolding, or for the use of a crane, derrick, or mast climber must be submitted before November 7, 2022, and meet the minimum requirements for completeness according to the DOB’s Plan Examination Guidelines – Minimum Requirement for Review of Design Drawings.
One Final Requirement: Diligent Pursuit of Completion
In each case, to apply the 2014 Construction Codes, the DOB requires each application to be “diligently pursued to completion.” In other words, the agency frowns upon expediting applications for the sole purpose of applying the current code and then allowing the project to languish.
If you have questions, or if you need help preparing your project for the November 7 deadline, please call Metropolis Group at 212.233.6344.