Building commissioner cracks the code.

Real Estate Weekly recently sat down with Department of Buildings commissioner Patricia Lancaster about New York City's recent adoption of new building codes for the first time in the past 40 years.

How will the new Codes affect building construction costs?

When the Mayor promised to overhaul the Building Code, he said that he would not sign the bill if the Codes cost more. While each building is unique, the cost analyses performed indicated that overall, the new NYC Construction Codes would not contribute to increased construction costs.

The analyses, which involved four prototype buildings, show that while some safety provisions do increase costs, other provisions for the same building type, introduce savings, both in hard and soft costs.

It is important to remember, however, that each provision was analyzed with the goals of increasing opportunities for enhanced safety, savings and innovation. It's a delicate balance, yet I am confident we achieved it.

How will the new Codes impact contractors, developers, builders?

The new NYC Construction codes impact everyone in and around New York City, whether one is walking into a new building, constructing it, inspecting it or living in it.

For the industry professionals specifically, one of the most beneficial aspects of the new Codes is the format.

The format can determine whether a professional from California understands how to build in New York City. To date, New York City has had an incredibly intricate and bureaucratic code.

The new codes will be easier and faster to use and will recognize nationally accepted standards and materials, opening up New York City to a larger market. In addition, the new Codes are aimed at making it easier for our customers to do business with us, with extended duration of licenses, electronic application filing and recognition of digital documents. In short, we think contractors, developers, builders and professionals who do business in New York City will save time and money and will have greater freedom to use more materials and technologies. All of this together, we hope, will keep New York City's built environment on the cutting edge.

How do you expect the transition to take place between the old and new Codes, especially during the one year where either can be used?

While the new NYC Construction Codes will not be mandated until July 1, 2009, they can be used as early as July 1, 2008. What this means is that during that year, either the 1968 Code or the new NYC Construction Codes may be used. While I thought that a one-year preparation period to conduct outreach and training for the industry would not be enough, I have people telling me they want to use the new Codes immediately, precisely because they are easier to use and in line with national standards.

However, for those who are wary of using the new Codes, training and reference resources will be available. We are currently composing an extensive implementation, outreach and training plan to ensure that both the industry and our staff are fully trained and fluent in the new Codes.

How will the new Building Code be enforced?

The new Codes introduce an expanded enforcement framework and several measures designed to increase the compliance of builders, developers and licensed professionals with the Building Code and Zoning Resolution.

One of these key features is the increased control over the professional certification program. With the new Codes, for the first time, our Agency will be authorized to devise standards and requirements for participation in the program. In other words, professionals will have to meet certain qualifications before they can professionally certify a plan. With this pre-qualification, we can retain the privilege of professional certification for those who earn it and keep the bad actors out of the program entirely, up front, before damage is done.

In addition to this increased oversight, the new Codes will introduce a new classification scheme for violations--and there will be higher penalties, some as high as $25,000. While these are merely two examples, our overall goal with respect to enforcement in the new Codes was to make compliant development the most cost effective way to build in New York City.

What makes the IBC suitable for NYC?

The new NYC Construction Codes are based on the model codes of the International Code Council (ICC), whose model codes form the basis of other construction codes in nearly every state in the United States.

What this means is that industry professionals, designers and contractors have relatively consistent requirements across the nation.

I used to get calls from developers in other states who would tell me they don't want to build in New York City because they had heard the Building Code made construction in the City so difficult.

The new Building Code, however, employs the ICC's user-friendly, nationally-recognized format. However, New York is New York--and thus there are provisions that address our unique, urban oasis. Overall, though, the IBC format was the most logical starting point to bring New York City more in line with the rest of the nation.

How do the new Codes promote affordable housing?

Along with the anticipated savings in construction, the new Construction Codes create an affordable housing prototype that will be allowed in New York City. The prototype is a four-story residential building that was designed to safely incorporate the maximum number of units with the least amount of wasted space. We anticipate that this new housing prototype will facilitate the increased construction of affordable housing in New York and will provide affordable housing developers with more flexibility in terms of accepted designs.

How will the new Codes promote safe and compliant development?

The new NYC Construction Codes introduce several new provisions that comprehensively expand fire, structural and emergency safety. One of the most important advancements in the new Codes is the increased requirements for structural integrity. Currently, the 1968 code does not factor in where a building is located.

The new Codes, however, require enhanced structural designs for buildings that are exposed to wind, seismic and other environmental conditions. In fire safety, the new Codes expand sprinkler and egress requirements and they enhance the design of standpipe systems in high-rise buildings.

In terms of construction safety, the new Codes mandate a site safety coordinator to oversee construction for more low-rise sites and require notification to the Agency of excavation work and for the use of certain scaffolds. The new Codes will provide enhanced safety in all of New York City's new buildings and, coupled with the increased oversight in the professional certification program, the new Codes will make it easier to build safely and compliantly.

How will the Codes facilitate innovation?

In terms of facilitating innovation, the new Codes offer incentives for developers and builders to use green technology and sustainable designs and perhaps most importantly, are tied to the three-year revision cycle of the International Code Council (ICC).

What this means is that New Yorkers will never again have to comprehensively overhaul a 40 year-old code--the revision cycle will, by definition, incorporate new technologies and designs that are accepted by the ICC. Additionally, with the move of the new Codes to mirror the ICC's model codes and the recognition of nationally accepted standards, materials and equipment, builders will be able to more easily build innovative buildings.

In short, the new Codes will change with the times and provide developers and professionals with greater freedom to build creatively.

How will the new Building Code help achieve the sustainability goals outlined by the Mayor's PlaNYC 2030?

The Buildings staff who poured their energy and expertise into the new Codes worked with the Mayor's PlaNYC team closely and the new Construction Codes represent a significant step towards achieving those goals.

Buildings, as we know, account for 69% of all emissions in New York City. In the new NYC Construction Codes, there are requirements for reflective roofs, more efficient ventilation, efficient heating and cooling systems and incentives for green design--all of which will aide in the reduction of greenhouse gas emissions.

Additionally, the new Codes remove barriers that currently exist to build "green" by recognizing nationally-accepted materials and equipment and streamlining our approval process for unorthodox requests.

Stay tuned though: we are already working with the Mayor's Office to devise what will be the next revision of the Construction Codes to bring New York City closer to the greener, greater city that the Mayor envisions in PlaNYC.