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Frequently Asked Questions (FAQ)

Chapter 11 of the 2022 NYCBC, The Handicap Law, makes no distinction about ownership type. Buildings containing multiple dwellings that have elevators must comply with all the provisions of Chapter 11 of the 2022 NYCBC even though it is a Coop or Condominium.

There are two options for complying with Type B+NYC Unit Toilet & Bathing room requirements under the 2014 NYC Building Code:

OPTION 1: All toilet rooms are constructed in accordance with 2014 Code Appendix P “Type B+NYC Unit Toilet and Bathing Rooms Requirements”.

OPTION 2: If at least one toilet and bathing room is constructed in accordance with Type A Unit Toilet and Bathing Room Requirements (Sections 1003.11 & 1003.3.2) and toilet paper dispensers are provided per Section 604.7 and medicine cabinets, if provided, include a storage shelf no higher than 44” above the floor, then all other toilet and bathing rooms in the same dwelling unit may be constructed to comply with following Type B Unit requirements only: Accessible Route (Section 1004.3); Walking Surfaces (Section 1004.4); User Passage Doorways (Section 1004.5.2 & BC 1107.2.1, Exception 5); and Operable Parts (Section 1004.9).

In general, any work that is not defined in the Building Code as “ordinary repairs” needs to be filed with the New York City Dept. of Buildings. This included mechanical, plumbing and structural work as well as partition changes. Within recent years, several exemptions have been granted from the Building Department based upon a policy and procedure notice. But, in general, when you are removing or moving partitions, plans must be filed by a registered architect or engineer.

There are several possibilities in joining apartments. Each case needs to be looked out individually. Usually, if is the apartment count has not increased and the apartment is not on more than two floors, the CO does not need to be changed. A recent memo from the Building Department has made it much easier to combine apartments.

The Multiple Dwelling Law requires kitchens that are larger than 80 sq. ft. to have natural ventilation. Most apartment buildings place kitchens internally and away from windows thereby creating kitchenettes. Kitchenettes are limited to 80 sq. ft. by the Multiple Dwelling Law.

Bedrooms are “Habitable Rooms”. All “habitable rooms” require at least 10% of their floor area in operable window area.

The Landmarks Preservation Commission has jurisdiction over all work in Landmarks Buildings and in Historic Districts. Generally, a Permit for Minor Work is issued as long as no exterior changes are made to the Building.

The time frame for approval is a variable item depending on the Type of application. For an Alteration application which does not require a change in use, egress or occupancy, approval is generally obtained in a few days. For an Alt. Co application which does require an amended CO, approval usually takes from 6 -10 weeks.

The type of sign off varies depending on the type of application. For Alteration, Directive 14 applications, the architect signs off the finished construction and obtains a letter of completion. The plumber and electrician also obtain inspection and sign off of their work. In an Alt. Co application, the Department of Buildings does the construction inspection and issues a Certificate of Occupancy if all work is satisfactory.

In order to obtain a permit from the New York City Dept. of Buildings, a contractor must have Workman’s Compensation and Disability insurance. Generally contractors also carry Liability Insurance. For some types of work involving the Highway Dept., additional performance bonds are also required.

Every piece of mechanical equipment that is used to heating, ventilation, or air-conditioning requires a “Equipment Use Permit” in order to operate. The only exception are through the wall incremental units under 3 tons. HVAC Split Systems under 3 tons do not need an EUP.

Yes, but only as a recreation room for the apartment above. Additionally, a powder room of no more than 2 plumbing fixtures is permitted. There is also an exception for one and two-family dwellings.

The New York City Building Code does not permit exhaust ducts to terminate in exterior walls if they are within 10 feet of a residential window.

Chapter 11 of the 2022 NYCBC requires full compliance with ANSI A117.1, Lever handles are required in order to comply with these laws.

Again, Chapter 11 of the 2022 NYCBC requires full compliance with ANSI. Doors much be at least 2’10” in order to maintain the 32″ clearance required for a well chair. In addition, certain clearances are required for approaches to doors.

Generally, most application to the Dept. of Buildings requires the submission of a report prepared by a licensed asbestos investigator. This report only looks at the work proposed. A few exemptions exist when work does not involve an area where asbestos is normally found.

In fireproof buildings, partitions must be constructed out of metal studs. The only exemption is a single tenant floor under 5000 sq., ft. In a non fireproof building, wood studs are permitted.

Yes, these are two different uses, and need a 2 hr separation. In lieu of this, a dropped arch and sprinkler heads are permitted.

The ADA, American Disabilities Act, is a Federal Barrier removal Law for commercial buildings. Chapter 11 of the 2022 NYCBC is generally a residential adaptability law. Both laws govern and both refer to ANSI for standards to follow.