Section 28-101.4.3. Optional use of the 1968 building code for alteration of existing buildings

At  the  option  of  the  owner,  and  subject  to  appropriate approval, a permit may be issued after the effective date of
  this   code  authorizing  work  on  existing  buildings  constructed  in
  accordance with the 1968 building code or  with  the  building  laws  in
  effect  prior  to  the  effective  date of the 1968 building code, to be
  performed in accordance with the requirements and standards set forth in
  the 1968 building code, subject to the following conditions:
    1. The installation and alteration of all  appliances,  equipment  and
  systems  regulated by the New York city fuel gas code, the New York city
  plumbing code and the New York city mechanical code shall be governed by
  applicable provisions of  those  codes  relating  to  new  and  existing
  installations.
    2.  The  installation,  alteration  and  additions  to fire protection
  systems regulated by Chapter 9 of  the  New  York  city  building  code,
  including  a  change of occupancy group that would require such systems,
  shall be governed by applicable provisions of such chapter  and  related
  referenced  standards. With respect to existing buildings, references to
  occupancy classifications in Chapter 9 of the  New  York  city  building
  code shall be deemed to refer to the equivalent occupancy classification
  of the 1968 building code.
    3.  The  installation  and  alteration  of  elevators,  conveyors, and
  amusement rides shall be governed by chapter 30, appendix K of  the  New
  York city building code and the rules of the department.
    4.  Safety  of  public  and  property  during  construction operations
  including demolition shall be governed by chapter 33  of  the  New  York
  city building code.
    5.  Where  the  estimated  cost of such alteration in any twelve-month
  period exceeds fifty percent of the cost of replacement of the  building
  or  where there is a chance in the main use or dominant occupancy of the
  building, facilities for people  with  physical  disabilities  shall  be
  provided  in  accordance  with  chapter 11 of the New York city building
  code as if the building were hereafter erected.
    6. Encroachments onto the public right of way  shall  be  governed  by
  chapter 32 of the New York city building code.
    7. Except as otherwise limited by the commissioner, administration and
  enforcement  of  the 1968 building code shall be in accordance with this
  code, including but not limited to approval of  construction  documents,
  issuance   of   permits   and   certificates  of  occupancy,  tests  and
  inspections,  penalties  and  enforcement.  Controlled  inspections  and
  semi-controlled  inspections  as  referenced  in  the 1968 building code
  shall be deemed to be special inspections  and  shall  comply  with  the
  provisions  of  this  code  relating  to  special inspections. Materials
  regulated in their use by the 1968 building code  shall  be  subject  to
  applicable provisions of this code.