Back to Basics: Code & Zoning Determination Requests

Posted on May, 20 2016

Many construction projects in NYC require determination requests or what is often referred to as waivers, pre-considerations, reconsiderations, interpretations, and clarifications.  Determinations fall into two main categories; Construction Code Determinations (CCD1) and Zoning Resolution Determinations (ZRD1).

Construction Code Determinations (CCD1) have two different types of requests:
  • Interpretation or clarification
  • Variation of Building Code or Rules
An interpretation or clarification requests the DOB’s view of a specific topic. These CCD1s can be filed before a construction application is filed with DOB (predetermination) or in response to a plan examiner’s objection after an application is filed (determination).  Any variation request must demonstrate a practical difficulty applicable to the specific project and an equally safe alternative. If both a practical difficulty and a safe alternative are not provided the request will be denied.
Zoning Resolution Determinations (ZRD1) may only be requested to interpret or clarify topics in the Zoning Resolution. The DOB is not authorized to waive Zoning requirements. Any variations from the Zoning Resolution must be filed and approved with the Board of Standards and Appeals (BSA) or the Department of City Planning (DCP). Similar to CCD1s, ZRD1s may be filed before a construction application is filed with DOB (predetermination) or after an application is filed (determination) in response to a plan examiner’s objection.
Determinations may only be filed for a single topic therefore it is not unusual to file numerous determinations for a project.
For more information about how Design 2147 can help you with determinations give us a call!