See if and when your upcoming projects will be affected.
October 2021 brought the news of the next edition of the NYC Building Code, which includes updates for expanded construction, site safety, flood zone requirements, sustainability, and more.
With the 2022 NYC Building Code going into effect on November 7, 2022, the DOB has released guidelines for when the 2014 and 2022 building codes will apply for upcoming construction filings.
New Building/Alteration Construction and Partial Demolition Permits
In most cases, “the 2014 Construction Codes apply to applications for permits when the application for construction document approval is submitted before November 7, 2022.” After that point, the 2022 Code will apply.
The application must also meet the following conditions:
Please note, this applies only to DOB documents – any application or permit submitted through other agencies, such as the Department of Transportation or Department of Environmental Protection, are not subject to this cutoff.
In addition, for New Building applications submitted before the cutoff, the 2014 Construction Codes shall apply to the entire new building – any additional construction filings for the building (such as fire alarms or mechanical filings) submitted on or after November 7, 2022 can still follow the 2014 Code.
However, any Alteration or New Building application filed under the 2014 Code that ends up with a substantial size or footprint increase in work scope after November 7, 2022 must fully comply with the 2022 Construction Codes.
These applicants will have to re-file all applications in accordance with the requirements of the 2022 Code, unless otherwise authorized by the appropriate borough office.
Please see the table under Full Demolition Permits for a more simplified breakdown.
Site Safety Plans and the Applicability of Chapter 33
Chapter 33 of the Building Code, which outlines construction safety guidelines, will also be getting an update in 2022. As such, the DOB has released guidelines around when the 2014 vs 2022 version of the Building Code will apply to a given project site, based on Site Safety Plans.
If a construction or alteration project REQUIRES a Site Safety Plan, the Plan must be submitted and approved before the cutoff (alongside the application) in order for the project to be subject to the 2014 version of Chapter 33. It must also meet the following conditions:
But if a similar such project does NOT require a Site Safety Plan, and the project meets the application requirements above, then the 2014 version of Chapter 33 applies for the duration of the project and all subsequent related filings.
Full Demolition Permits
While the above examples all apply for partial demolition jobs, full demolition jobs have different triggers and requirements for whether the 2014 Code can apply or not.
If a demolition job does NOT require a Site Safety Plan but requires submittal documents under BC 3306.5, documents must be submitted before November 7, 2022 for the 2014 Code to be applicable, and they must meet the minimum requirements for completeness under the Department’s Plan Examination Guidelines - Minimum Requirement for Review of Design Drawings.
If a demolition job REQUIRES an SSP, the SSP will have to be approved before November 7, 2022, and the following must be met:
If a demolition job requires NEITHER the SSP nor the submittal documents, the pre-demolition inspection package must be completed by November 7, 2022, with all required reports, statements, documents, photographs, and signatures, and (as applicable) professional seals, included.
Temporary Construction Installation Permits
The final type of permit tackled in the guidelines was for temporary construction installations, such as sidewalk sheds and scaffolding; or for equipment like cranes, derricks, and mast climbers.
Once again, applications must be submitted before November 7, 2022 in order to qualify under the 2014 Code.
The application must comply with said code, and the construction documents submitted must meet the minimum requirements for completeness under the Plan Examination Guidelines - Minimum Requirement for Review of Design Drawings.
A new code is coming, and building professionals who want their upcoming projects to stay within the 2014 Construction Code will need to keep these guidelines in mind as they plan their timelines.
For assistance with filing and navigating the latest building code updates, please reach out to us at Outsource Consultants
The 2022 NYC Building Code went into effect on November 7, 2022.
The NYC Department of Buildings has recently released further details on its parking garage inspection requirements.