Implications of NYC's building code changes.

The New York City Building Code ("NYC Building Code), is already considered one of the most stringent and complex building codes in the world.

Currently, proposals are pending before the City Council to augment the NYC Building Code's rigorous standards while modifying its structure to make it more user friendly.

These proposed changes have resulted, in part, from lessons learned from the terrorist attack on the World Trade Center.

The City has undertaken an extensive re-evaluation of the NYCBC in an attempt to insure public safety while being cognizant of the potential consequential economic effects stemming from stricter regulations.

On March 19, 2002, the Department of Buildings commissioned the World Trade Center Building Code Task Force (Task Force) to formally review the current design, construction and operating requirements of the NYCBC and recommend ways to bolster public safety without stifling the economic viability of projects.

The Task Force proffered twenty-one recommendations concerning how various aspects of the NYCBC could best be bolstered or revised.

Thirteen of the twenty-one recommendations have undergone technical review and have been incorporated into proposed legislation that was presented by Mayor Bloomberg and Department of Buildings Commissioner Patricia Lancaster, AIA at a press conference on September 23, 2003.

Some of the remaining recommendations are undergoing further technical review while others will be implemented by rule changes.

One of the proposals contained in the legislation addresses the City's concerns about adequate fire protection systems in buildings.

Both the Department of Buildings and the New York City Fire Department claim that fully outfitted sprinkler systems in high-rise buildings provide unmatched fire protection.

Consequently, the legislation proposes that all buildings over 100 feet tall without automatic sprinkler protection be fully equipped with sprinkler systems on or before January 1, 2019 unless an extension is granted on the basis of hardship.

The Department of Buildings will issue partial waivers of compliance where installations would be impracticable due to structural conditions or interior landmark designations. In instances where waivers can not be obtained, this requirement could ultimately prove to be costly.

Concerns over fire safety have also resulted in a proposed limitation to the amount of fuel stored in high-rise buildings.

While the NYCBC limits the amount of fuel stored in day tanks, oversized transfer piping often creates a reservoir capacity exceeding the day tank limit.

The proposed legislation seeks to limit the diameter of fuel oil transfer piping for new installations and alterations.

Another focus of the legislation concerns the location and capacity of the stairwells and elevator shafts, and their resistance to extreme impacts.

The proposed legislation would prohibit scissor stairs in high-rise commercial buildings with a floor plate of over 10,000 square feet, since scissor stairs concentrate the number of exit stairs in one area of a building.

Additionally, the proposed legislation would require the use of impact resistant material in the construction of elevator shafts and stairwells in all high-rise office buildings constructed or altered after January 1, 2006 in accordance with standards promulgated by the Commissioner of the Department of Buildings by July 1, 2005.

The proposed legislation would also require that all high-rise office buildings have full building evacuation plans for events other than fires that may occur.

Glow-in-the-dark markings on all exit stairs and doors would be mandated and all new and existing high-rise office buildings of seventy-five feet or greater would need to install additional signage where re-entry doors are recessed to assist egress.

Furthermore, buildings with grandfathered exit signs would be required to provide back-up power to those signs.

The threat of chemical terrorism is a relatively new concern that is also addressed by the legislation.

To protect against the possibility that a terrorist attack could occur through the heating, ventilation and air conditioning system of a building, all air intakes in new construction would need to be located at least twenty feet above grade instead of the current code minimum of six feet.

This will, hopefully, guard against the possibility of the dispersion of noxious materials into buildings through their mechanical systems.

While these proposed changes endeavor to increase the resiliency of the City's buildings to catastrophic events, they have the potential to further complicate the already cumbersome NYCBC.

Fortunately, in February 2003, Mayor Bloomberg created an advisory commission to examine the possible adoption of a model code that would simplify the 700page NYCBC, and provide a mechanism for change.

The Commission evaluated two model codes, the International Building Code and the National Fire Protection Association's NFPA 5000 to determine which model code would be best for New York City.

The Commission looked at, among other things, the codes' comprehensiveness, accessibility to users, services provided by the issuing organization, ease of adaptation.

After four months of deliberation, the Commission determined that the IBC was best suited for implementation and should be adopted.

Mayor Bloomberg has accepted the Commission's recommendation to adopt the IBC and the Commission commenced a yearlong, line-by-line comparison of the NYCBC and the IBC to determine the best process for incorporating the IBC into the NYCBC last September.

If adopted, the proposed changes to the NYCBC should reduce the complexity of the NYCBC to make it easier to use and make buildings safer in light of the new and elevated risks of harm, albeit at an additional cost. There is a significant likelihood that the City Council will adopt the proposed changes.

Those involved in owning, maintaining and constructing buildings should carefully review the proposed legislation and plan future projects accordingly.

Prudent decisions at this time may ultimately result in significant savings.