NYC Gets Closer to an Existing Building Code

Posted on August, 25 2022

An Existing Building Code in New York City has long been discussed by the industry and the NYC Department of Buildings. The NYC Construction Codes currently allow compliance under Codes dating back to 1938, under certain conditions. In order for New York City to enact an Existing Building Code some legislation must first be passed at the State level, particularly changes to the NY State Multiple Dwelling Law (MDL).

The current proposed MDL text change includes a provision that allows the NYC Buildings Commissioner to waive provisions of MDL for the alteration or construction of multiple dwellings. It is anticipated that if passed, this will also mean that approval of the Board of Standards and Appeals (BSA) will no longer be needed for MDL variances.

Assembly Bill A09212 is currently in committee and still has several steps needed before the bill becomes law. For more information see the NY State Legislature page for A09212.