Section 28-101.5. Definitions

As used in this chapter and elsewhere in this
  title, the following terms shall have the following meanings unless  the
  context or subject matter requires otherwise:
    1968  BUILDING  CODE. Chapter 1 of title 27 of the administrative code
  as hereafter in effect.
    ACCEPTANCE OR ACCEPTED. In reference to  construction  documents,  the
  endorsement  by  the department of construction documents with less than
  full  examination  by  the  department   based   on   the   professional
  certification  of  a registered design professional in accordance with a
  program established by the commissioner.
    ADDITION. An alteration of a building in existence that increases  its
  exterior  dimensions  including  but  not  limited  to  an  extension or
  increase in floor area or height (including an  increase  in  height  or
  area  resulting  from  the  construction  of  a  rooftop  structure  for
  mechanical equipment) of the building.
    ADMINISTRATIVE CODE. The administrative code of the city of New York.
    ALTERATION. Any construction, addition, change of use or occupancy, or
  renovation to a building or structure in existence.
    APPROVAL OR APPROVED. In  reference  to  construction  documents,  the
  determination  by  the  department after full examination that submitted
  construction documents comply with this code and other  applicable  laws
  and   rules.  In  reference  to  materials,  the  determination  by  the
  commissioner that material is acceptable for its intended use.
    APPROVED AGENCY.  An  established  and  recognized  agency,  or  other
  qualified  person,  regularly  engaged in conducting tests or furnishing
  inspection services, when  approved  pursuant  to  department  rules  as
  qualified  to  perform  or  witness  identified  testing  or  inspection
  services.
    APPROVED FABRICATOR. An established  and  qualified  person,  firm  or
  corporation  approved by the commissioner to custom manufacture or build
  products or assemblies regulated by this code.
    APPROVED INSPECTION AGENCY. An approved agency that is approved by the
  department as qualified to  perform  one  or  more  of  the  inspections
  required by this code.
    APPROVED  TESTING  AGENCY.  An approved agency that is approved by the
  department as qualified to test and evaluate the performance of  one  or
  more  of  the  materials  regulated in their use by this code. Such term
  shall include, when approved pursuant to department rules, a third party
  testing or certification agency, evaluation agency, testing  laboratory,
  testing service or other entity concerned with product evaluation.
    ARCHITECT. A person licensed and registered to practice the profession
  of architecture under the education law of the state of New York.
    BUILDING.  Any structure used or intended for supporting or sheltering
  any use or occupancy. The term shall be construed as if followed by  the
  phrase  "structure,  premises,  lot  or  part  thereof" unless otherwise
  indicated by the text.
    CHARTER. The New York city charter.
    CERTIFICATE OF COMPLIANCE. A certificate stating that  materials  meet
  specified  standards  or  that work was done in compliance with approved
  construction documents and other applicable provisions of law  and  with
  respect  to  specified  service  equipment,  a certificate issued by the
  department authorizing the operation of such equipment.
    CITY. The city of New York.
    COMMISSIONER. The commissioner of buildings of the city of  New  York,
  or his or her duly authorized representative.
    CONSTRUCTION  DOCUMENTS.  Plans  and specifications and other written,
  graphic and pictorial documents, prepared or  assembled  for  describing

  the design, location and physical characteristics of the elements of the
  project necessary for obtaining a building permit.
    DEFERRED  SUBMITTAL.  Those  portions  of  the  design  that  are  not
  submitted at the time  of  the  application  for  construction  document
  approval  and  that  are  to  be  submitted  to  the department within a
  specified period of time after the issuance of a permit.
    DEMOLITION. Full or partial demolition.
    DEMOLITION, FULL: The dismantling, razing, or  removal  of  all  of  a
  building or structure, including all operations incidental thereto.
    DEMOLITION, PARTIAL: The dismantling, razing, or removal of structural
  members,  floors,  interior  bearing  walls,  and/or  exterior  walls or
  portions thereof, including all operations incidental thereto.
    DEPARTMENT. The department of buildings of the city of New York.
    ENGINEER. A person licensed and registered to practice the  profession
  of engineering under the education law of the state of New York.
    ENLARGEMENT. An addition.
    EXISTING  BUILDING  OR  STRUCTURE.  (i)  A  building  or  structure in
  existence prior to the effective date of this code or one  for  which  a
  lawful  building  permit was issued for the erection of such building or
  structure prior to the effective date of this code. (ii) A  building  or
  structure  erected  in  accordance  with  the 1968 building code under a
  lawful building permit issued for  the  erection  of  such  building  or
  structure  after  the  effective  date  of  this code in accordance with
  section 28-101.4.2 of this code.
    FABRICATED ITEM. Products and assemblies regulated by this code,  that
  are  custom manufactured, or built prior to their incorporation into the
  work at the job site. Fabricated items shall not include listed, labeled
  or approved products or assemblies.
    FIRE PROTECTION PLAN. A report containing a narrative  description  of
  the life and fire safety systems and evacuation system for a structure.
    HEREAFTER. On or after the effective date of this code.
    HERETOFORE. Before the effective date of this code.
    INSPECTION  CERTIFICATE.  Identification  applied  to  a product by an
  approved agency containing the name of the  manufacturer,  the  function
  and  performance characteristics, and the name and identification of the
  approved agency that indicates that the product  or  material  has  been
  inspected   and   evaluated  by  such  approved  agency.  An  inspection
  certificate shall also mean a certificate issued by the department  upon
  satisfactory completion of an inspection or test.
    LABEL.  Identification  applied  to material by the manufacturer or an
  approved agency that contains the name of the manufacturer, the function
  and performance characteristics  of  the  material,  and  the  name  and
  identification of the approved agency that conducted the evaluation of a
  representative sample of such material.
    LABELED.  Material to which has been attached a label, symbol or other
  identifying mark of the manufacturer  that  contains  the  name  of  the
  manufacturer,  the  function  and  performance  characteristics  of  the
  product or material, and the name  and  identification  of  an  approved
  agency  and  that indicates that a representative sample of the material
  has been tested and evaluated by an approved agency for compliance  with
  nationally  recognized standards or tests to determine suitable usage in
  a specified manner.
    LAND SURVEYOR. A  person  licensed  and  registered  to  practice  the
  profession of land surveying under the education law of the state of New
  York.
    LISTED.  Material identified in a list published by an approved agency
  that maintains periodic inspection of production of listed  material  or
  periodic  evaluation  services  and whose listing states either that the

  material meets identified nationally recognized standards  or  has  been
  tested  and  found  suitable  for  a specified purpose when installed in
  accordance with the manufacturer's installation instructions.
    LETTER  OF  COMPLETION. A document issued by the department indicating
  that permitted work has been  completed,  including  satisfactory  final
  inspection  in  accordance  with  this  code.  A letter of completion is
  issued only in circumstances where a certificate  of  occupancy  is  not
  required upon completion of the permitted work.
    LIMITED PLUMBING ALTERATIONS. An alteration to a plumbing system where
  the  total  cost  of  the  proposed work in the building does not exceed
  twenty five thousand dollars in any 12 month  period  and  the  proposed
  work is limited to the following:
    1. The installation of new plumbing or gas piping, or the rerouting of
  existing plumbing or gas piping;
    2.  The  addition  of  not  more than two plumbing fixtures or fixture
  connections;
    3. The mounting of new plumbing fixtures on existing roughings,  other
  than  the  mere  replacement  of  existing fixtures constituting a minor
  alteration or ordinary repair under this code; and
    4. The installation or replacement of backflow preventers.
    LIMITED SPRINKLER ALTERATIONS. An alteration to an existing  sprinkler
  system  where  the  total cost of the proposed work in the building does
  not exceed twenty five thousand dollars in any 12-month period  and  the
  proposed work is limited to the following:
    1.  Replacement  of  parts  required  for the operation of a sprinkler
  system;
    2. Replacement of sprinkler heads, provided that orifice sizes,  types
  and deflector positions remain the same;
    3. Changes that do not alter the type of sprinkler system;
    4.  Relocation  of  piping  that  does not affect the operation of the
  sprinkler system; and
    5. Rearrangement  of  not  more  than  20  sprinkler  heads  in  areas
  presently sprinklered in light hazard occupancy, as such term is defined
  in  reference  standards,  which will remain in such occupancy, provided
  that the addition of  sprinkler  heads  in  existing  systems  shall  be
  limited to light hazard occupancies in rooms or spaces not exceeding 800
  square feet (74.3 m{2}) requiring only one head with the maximum spacing
  allowed  by the code, and provided that the number of new heads does not
  exceed a total of five.
    LIMITED STANDPIPE ALTERATIONS. An alteration to an existing  standpipe
  system  where  the  total cost of the proposed work in the building does
  not exceed twenty five thousand dollars in any 12-month period  and  the
  proposed work is limited to the following:
    1.  Replacement  of  parts  required  for  the operation of a combined
  standpipe system; and
    2.  Relocation  of  combined  standpipe  auxiliary  hose  sources  and
  cabinets  within  10 feet (3048 mm) of their original location, provided
  that the existing covered area is not affected and  provided  that  such
  relocation complies with this code for a new installation.
    MAIN  USE  OR  DOMINANT  OCCUPANCY (OF A BUILDING). Refers to a single
  occupancy classification assigned  to  a  structure  by  the  department
  according to such structure's main use or dominant occupancy.
    MANUFACTURER'S  DESIGNATION. Identification applied to material by the
  manufacturer indicating that the  material  complies  with  a  specified
  standard or set of rules.
    MARK.   Identification  applied  to  a  product  by  the  manufacturer
  indicating the name of the manufacturer and the function of a product or
  material.

    MATERIALS.  Materials,  assemblies,  appliances,  equipment,  devices,
  systems,  products and methods of construction regulated in their use by
  this code or regulated in their use by the 1968 building code.
    OCCUPANCY.  The  purpose  or activity for which a building or space is
  used or is designed, arranged or intended to be used.
    OWNER. Any person, agent,  firm,  partnership,  corporation  or  other
  legal  entity having a legal or equitable interest in, or control of the
  premises.
    PARTY WALL. A fire division of an interior  lot  line  common  to  two
  adjoining buildings.
    PERMIT. An official document or certificate issued by the commissioner
  that authorizes performance of specified work or activity.
    PERSON.  An  individual,  partnership,  corporation,  or  other  legal
  entity.
    PREMISES. Land, improvements thereon, or any part thereof.
    PROFESSIONAL CERTIFICATION. A personal verification  of  a  registered
  design  professional  made  under such professional's signature and seal
  that accompanies construction documents and  other  submittal  documents
  filed  with  the  department and that attests that such documents do not
  contain false information and are  in  compliance  with  all  applicable
  provisions of law.
    REGISTERED DESIGN PROFESSIONAL. An architect or engineer.
    REGISTERED  DESIGN  PROFESSIONAL  OF  RECORD.  The  registered  design
  professional who prepared or supervised the  preparation  of  applicable
  construction documents filed with the department.
    REQUIRED. Shall mean required by the provisions of this code.
    RETAINING WALL. A wall designed to prevent the lateral displacement of
  soil or other materials.
    SIGN-OFF.  The issuance by the department of a letter of completion or
  certificate of occupancy for permitted work indicating the  satisfactory
  completion  of all required inspections and receipt by the department of
  all required submittal documents.
    SERVICE EQUIPMENT. Equipment or systems, and all  components  thereof,
  that   provide   sanitation,   power,   light,  heat,  ventilation,  air
  conditioning, refuse disposal, fire-fighting,  transportation  or  other
  facilities for buildings.
    SINGLE ROOM OCCUPANCY MULTIPLE DWELLING. See section 28-107.2.
    SPECIAL  INSPECTION.  Inspection  of  selected  materials,  equipment,
  installation, fabrication,  erection  or  placement  of  components  and
  connections,  to  ensure compliance with approved construction documents
  and referenced standards as required by chapter 17 of the New York  city
  building code or elsewhere in this code or its referenced standards.
    SPECIAL  INSPECTOR.  An  individual having required qualifications and
  authorized by the department to perform or  witness  particular  special
  inspections  required  by  this  code or by the rules of the department,
  including but not limited to a qualified registered design  professional
  so authorized.
    SUPERINTENDENT   OF  CONSTRUCTION  (CONSTRUCTION  SUPERINTENDENT).  An
  individual, when authorized pursuant to department rules as qualified to
  superintend permitted construction work on behalf of the owner.
    STRUCTURE. That which is built or constructed, including among others:
  buildings,  stadia,  tents,  reviewing   stands,   platforms,   staging,
  observation towers, radio towers, tanks, trestles, open sheds, shelters,
  fences, and display signs.
    SUBMITTAL   DOCUMENTS.   Completed   application  forms,  construction
  documents,  reports  and  any  other  required  documents  submitted  in
  compliance  with  this code or other applicable laws and rules including
  but  not  limited  to  special  inspection  reports,  certifications  or

  approvals  from  other  governmental agencies and other data required by
  this code or by the department.
    USE  (USED).  The purpose for which a building, structure, or space is
  occupied or utilized, unless otherwise indicated by the text. Use (used)
  shall be construed  as  if  followed  by  the  words  "or  is  intended,
  arranged, or designed to be used."
    UTILITY COMPANY OR PUBLIC UTILITY COMPANY. The term shall be construed
  to  have  the  same  meaning as that contained in section two of the New
  York state public service law.
    UTILITY CORPORATION OR PUBLIC UTILITY CORPORATION. The term  shall  be
  construed  to  have the same meaning as that contained in section two of
  the New York state public service law.
    WORK NOT CONSTITUTING  MINOR  ALTERATIONS  OR  ORDINARY  REPAIRS.  See
  section 28-105.4.2.1.
    WRITING (WRITTEN). The term shall be construed to include handwriting,
  typewriting,  printing,  photo-offset, or any other form of reproduction
  in legible symbols or characters, including, in the  discretion  of  the
  commissioner, electronic media.
    WRITTEN  NOTICE.  A  notification  in writing delivered by hand to the
  person or parties intended or delivered at or sent by  mail  or  in  the
  discretion  of  the commissioner by electronic media to the last address
  known to the party giving such notice.
    ZONING RESOLUTION. The zoning resolution of  the  city  of  New  York,
  adopted  December  fifteenth,  nineteen hundred sixty-one, including all
  amendments thereto.