2006 New York Code - Alterations, Additions, Repairs And Changes In Occupancy Or Use Requiring Facilities For People Having Physical Disabilities.



 
    § 27-123.1 Alterations, additions, repairs and changes in occupancy or
  use  requiring  facilities for people having physical disabilities.--The
  provisions of subarticle two  of  article  two  of  subchapter  four  of
  chapter   one  of  title  twenty-seven  of  this  code  shall  apply  to
  alterations, additions and repairs made to  buildings,  as  well  as  to
  changes  in  occupancy  or  use,  as  set forth below. The provisions of
  sections 27-115, 27-116, 27-117, 27-118 and 27-120 of  this  code  shall
  not govern the application of the provisions of such subarticle.
    (a) The provisions of subarticle two of article two of subchapter four
  of  chapter  one  of  title  twenty-seven of this code shall apply to an
  entire existing buildings as if hereafter erected, when the costs of any
  alterations, additions or repairs, other  than  ordinary  repairs,  made
  within  any  twelve-month period immediately following the filing of the
  application exceed fifty percent of  the  cost  of  replacement  of  the
  building with one of similar floor space, as estimated by the department
  at  the beginning of that twelve-month period. When such estimated costs
  of alterations, additions or repairs, other than  ordinary  repairs,  do
  not  exceed  fifty percent of such replacement cost, then the provisions
  of subarticle two of article two of subchapter four of  chapter  one  of
  title  twenty-seven  shall  apply  to  such  alterations,  additions  or
  repairs, although nothing herein is meant to discourage compliance  with
  the  standards  set forth in subarticle two of article two of subchapter
  four of chapter one of title twenty-seven in other portions of buildings
  described in this sentence.
    (b) The provisions of subarticle two of article two of subchapter four
  of chapter one of title twenty-seven of this  code  shall  apply  to  an
  entire  existing  building,  as  if  hereafter  erected, when there is a
  change in occupancy classification of the building.  The  provisions  of
  subarticle two of article two of subchapter four of chapter one of title
  twenty-seven  of  this  code  shall  apply to a space in a building when
  there is a change in the occupancy type thereof or in how such space  is
  used.
    (c) When any work not otherwise required to comply with the provisions
  of  subarticle  two  of article two of subchapter four of chapter one of
  title twenty-seven is done on an interior accessible route  in  existing
  residential  buildings,  other  than  in occupancy group J-3, which work
  involves plumbing fixtures, that work shall be required to  comply  with
  section  27-292.8  of  this  code  for  the  extent  of  the  work being
  performed, provided such work will not require any structural changes or
  additional partitions; ordinary  repairs  and  replacement  of  existing
  piping shall be exempt from the provisions of this sentence.
    (d)  Where  additions or alterations subject parts of existing systems
  to loads exceeding those permitted herein, such parts shall be  made  to
  comply with this code.
    (e) The provisions of subarticle two of article two of subchapter four
  of  chapter one of title twenty-seven of this code and of subdivisions b
  and c of this section shall not apply  to  the  alteration  of  existing
  residential  buildings,  other  than  adult residential care facilities,
  which are classified in occupancy group J-2 and  contain  no  more  than
  three  dwelling units or which are classified in occupancy group J-3 and
  are being altered to contain three dwelling units, and which satisfy the
  requirements of subdivision (d) of section 27-357 of this code, when the
  cost of any alterations,  additions  or  repairs,  other  than  ordinary
  repairs,  made  within any twelve-month period immediately following the
  filing of the application do not exceed fifty percent  of  the  cost  of
  replacement  of  the  building  with  one  of  similar  floor  space, as
  estimated by the  department  at  the  beginning  of  that  twelve-month
  period.

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