The New NYC Construction Codes are an important achievement for the Buildings Department and New York City. They mark the first comprehensive overhaul of the City’s Building Code in nearly 40 years. These Codes respond to many of our 21st century safety, construction and environmental concerns, and are more user-friendly for the professionals building our City’s very foundation. Certain administrative provisions, enforcement provisions and construction safeguards under the New NYC Construction Codes will go into effect on July 1, 2008.

Old Code or New Code?

Effective July 1, 2008, applicants have a choice of using either the Old Building Code (1968) or the NYC Construction Codes. Use the following guide to determine which code to use for all your DOB applications.

New Building Applications:

1. If permitted before July 1, 2008, follow the 1968 Building Code.
2. If submitted between July 1, 2008, and July 1, 2009, you can either:

• Comply with the 1968 Building Code or
• Comply with the NYC Construction Codes.

Alteration to Existing Buildings:

1. If permitted before July 1, 2008, follow the 1968 Building Code.
2. If submitted between July 1, 2008, and July 1, 2009, you can either:

• Comply with the 1968 Building Code or
• Comply with the NYC Construction Codes (Note: If applying these codes to a selected portion of an existing building would not reduce the fire or structural safety of the entire building, then the entire building may need to comply with all code provisions.)

3. If filed after July 1, 2009, you have the choice of either:

• Complying with the 1968 Building Code [However, you must comply with selected provisions of the NYC Construction Codes: the Plumbing Code, Fuel Gas Code, Mechanical Code, Fire Protection under Chapter 9, Elevators, Conveyors and Amusement under Chapter 30, Accessibility for the entire building under Chapter 11 (if the cost of construction within a 12-month period exceeds 50% of the building value or when changing the main use of dominant occupancy), and Encroachments into the Public Right of Way under Chapter 32 of the Building Code.] or
• Complying with the NYC Construction Codes (Note: If applying these codes to a selected portion of an existing building would not reduce the fire or structural safety of the entire building, then the entire building may need to comply with all code provisions.)

Always assume for all applications that:

• The application is active, work starts within 12 months of permit issuance, and is diligently executed to completion.
• For buildings complying under the 1968 Building Code, this would include selected applicable provisions of the 1938 Building Code for existing buildings erected before December 6, 1968.
• There are exceptions to the 1968 Code for fees, construction document approvals, issuance of permits, issuance of Certification of Occupancy, special inspections, use of materials, enforcement, violations, fines, penalties, and safety of public and property during construction.