NYC 2022 Building Code: Standing at the Corner

By Austin Regan, R.A.

Where has the year gone? Back in November 2021, I wrote an article saying that the implementation of the 2022 code was right around the corner. We have now turned the corner, and it is now staring us in the face.

The last day to file under the 2014 code is November 7, 2022. In reality, the realistic deadline to be vested under the 2014 code is now. Assuming that this code turnover follows similar adoption patterns to the 2008 and the 2014 codes, we anticipate a significant increase in filing volume. Unlike the past turnovers where architects, engineers and filing reps stood in blocks-long lines around each Building Department borough office to file their projects before the deadline, all lines to file will be virtual, with no way to tell where your place in line is.

Since the move to electronic filing, our project managers often encounter difficulties getting applications accepted by DOB as computer networks freeze and crash frequently. An increase in filing volume will only make matters worse.

Prior Code Buildings

New buildings and major enlargements filed after November 7, 2022, must follow the 2022 code. All other work in existing buildings (constructed prior to 2009) have the option of following the 1968 code, except for certain building elements. There has been no substantive change to AC 28-101.4.3 from the 2014 code, which describes what building elements must follow the 2022 code.

28-101.4.3 Optional use of the 1968 building code for work on prior code buildings. At the option of the owner, and subject to applicable provisions of this code, work on prior code buildings may be performed in accordance with the requirements and standards set forth in the 1968 building code, or where the 1968 code so authorizes, the code in effect prior to December 6, 1968.

Exceptions:

1. 1. Fuel gas, plumbing and mechanical work. The installation of and work on all appliances, equipment and systems regulated by the New York city fuel gas code, the New York city plumbing code and the New York city mechanical code shall be governed by applicable provisions of those codes relating to new and existing installations.
   2. Fire protection systems. Alterations of buildings and changes of use or occupancy shall be governed by BC Chapter 9 of the New York city building code, subject to special provisions for prior code buildings as set forth therein.
   3. Elevators, conveyors and amusement rides. The installation of and work on elevators, conveyors, and amusement rides shall be governed by BC Chapter 30 and BC Appendix K of the New York city building code and the rules of the department, subject to special provisions for prior code buildings as set forth therein.
   4. Safety during construction operations. Safety of public and property during construction operations including demolition shall be governed by BC Chapter 33 of the New York city building code.
   5. Accessibility. Alterations, including minor alterations, of buildings and changes of use or occupancy, shall be governed by BC Chapter 11 of the New York city building code, subject to special provisions for prior code buildings as set forth therein.
   6. Encroachments into the public right of way. Encroachments onto the public right of way shall be governed by BC Chapter 32 of the New York city building code.
   7. Administration and enforcement. Except as otherwise limited by the commissioner, administration and enforcement of the 1968 building code shall be in accordance with this code, including but not limited to approval of construction documents, issuance of permits and certificates of occupancy, tests and inspections, penalties and enforcement.
   8. Special inspections. Controlled inspections and semi-controlled inspections as referenced in the 1968 building code shall be deemed to be special inspections and shall be governed by the provisions of this code relating to special inspections.
   9. Materials. Materials regulated in their use by the 1968 building code shall be subject to applicable provisions of this code.
   10. Security grilles. The installation and replacement of security grilles shall comply with section 28.2-1008.1.4.5 of the New York city building code.
   11. Energy efficiency. All work related to energy efficiency shall be regulated by the New York city energy conservation code.
   12. Roof recovering and replacements.

12.1 Installation and materials. Work involving the recovering or replacing of an existing roof covering shall be governed by sections 28.2-1510.1 through 28.2-1510.6 of the New York city building code;

12.2 Cool roofs. Work involving the recovering or replacing of an existing roof covering shall comply with section 28.2-1504.9 of the New York city building code unless the area to be recovered or replaced is less than 50 percent of the roof area and less than 500 square feet.

12.3 Green roofs. Notwithstanding the applicant’s election to use the 1968 building code or prior code, work involving green roof systems and container gardens shall be permitted to be performed pursuant to BC Chapter 15 of the New York city building code.

12.4 Sustainable roofs. Work involving the replacing of an entire existing roof deck or roof assembly shall comply with section 28.2-1511.2 of the New York city building code.

1. 13. Handrails. Where the alteration of a building includes the addition or replacement of an entire stair enclosure including the stairs, handrails shall comply with section 28.2-1009.12 and section 28.2-1012 of the New York city building code. Where the alteration of a building includes the addition or replacement of ramps, handrails shall comply with section 28.2-1010.8 and section 28.2-1012 of such code.
   14. Guards. Where the alteration or repair of a building involves the addition or replacement of guards, such guards shall comply with sections 28.2-1013 and 28.2-1607.7 of the New York city building code.
   15. Areas of special flood hazard. Within areas of special flood hazard in accordance with section 28-104.9.4, all work for any activity regulated by Appendix G <<28.2-G101>> of the New York city building code shall be governed by such appendix.
   16. Structural. The use of load resistance factor design (LRFD), calculation of live loads, and applicability of seismic and wind loads shall be governed by special provisions for prior code buildings as set forth in section 28.2-1601.2 of the New York city building code.
   17. Emergency and standby power systems. The installation of and work on emergency and standby power systems shall comply with section 28.2-2702.1 of the New York city building code.
   18. Parking garages and open parking lots. Where an alteration of a parking garage or an open parking lot includes an increase in the size of the electric service, such alteration shall include provisions for the installation of electric vehicle charging stations in accordance with section 28.2-406.2.11 or 28.2-406.7.11 of the New York city building code, as applicable.
   19. Mold protection. Alterations shall comply with sections 28.2-2506 and 28.2-2509 of the New York city building code relating to areas subject to moisture or water damage.
   20. Where the alteration of a building includes the replacement of all exterior glazing, such alteration shall comply with section 1403.8 of the New York city building code.

Promises Made, Promises Broken

The November 2021 article on the 2022 Building Code highlighted some of the upcoming code changes specifically related to Chapter 10 – Egress. I also promised upcoming articles addressing other code changes. Much like the promise I made to my wife to fix the firepit, it did not happen. BUT I PROMISE, IT WILL.

We are doing a deep dive of each chapter of the code and trying to identify all changes, while highlighting the impactful changes. At this moment, we have completed the analysis of two sections: Chapter 9 – Fire Protection Systems and Appendix G – Flood-Resistant Construction. We expect to release more chapters regularly, so periodically check our website. More information is forthcoming. I promise.