§ 10-03 Applicability.
RCNY § 10-03
(a)Except as otherwise provided in subdivision (b) of this section, capital projects within spaces classified in the occupancy groups listed in paragraph (1) of this subdivision having one or more of the six characteristics listed in paragraph (2) of this subdivision, are subject to this chapter and the green building requirements of Section 224.1 of the Charter, summarized in 43 RCNY § 10-04.
(1)Occupancy Groups. B-1 Storage (moderate hazard)F-3 Assembly (museums, etc.) B-2 Storage (low hazard)F-4 Assembly (restaurants, etc.)C MercantileG EducationE BusinessH-1 Institutional (restrained)F-1a Assembly (theaters, etc.)H-2 Institutional (incapacitated)F-1b Assembly (churches, concert halls, etc.) (2) Project Characteristics.
(i)Capital projects for or in new buildings and additions to existing buildings, including fit-outs of condominium units and leased space. A capital project for or in a new building or an addition to an existing building is covered by subdivision b of Section 224.1 of the Charter if the construction cost of the capital project is two million dollars or more. With respect to projects involving the fit-out of condominium units and leased space, only space and components under the exclusive control of the tenant or unit owner are subject to the design and construction requirements of such subdivision. With respect to phased projects of City agencies, each phase shall be covered only if the estimated construction cost of such phase is two million dollars or more.
(ii)Capital projects in existing buildings subject to substantial reconstruction, including fit-outs of condominium units and leased space. A capital project in a building in which 50% of the entire building's floor area is subject to reconstruction work is covered by subdivision b of Section 224.1 of the Charter if the construction cost of the capital project is two million dollars or more and the scope of work of the project includes rehabilitation work in at least two of the three major systems – electrical, HVAC (heating, ventilating and air conditioning) and plumbing – of the building. With respect to the fit-out of condominium units and leased space, only space and components under the exclusive control of the tenant or unit owner are subject to the design and construction requirements of such subdivision. With respect to phased projects of City agencies, each phase shall be covered only if the estimated construction cost of such phase is two million dollars or more.
(iii)Installation or replacement of plumbing systems that includes the installation or replacement of plumbing fixtures. A capital project that includes the installation or replacement of a plumbing system is covered by subdivision d of Section 224.1 of the Charter if it includes the installation or replacement of plumbing fixtures and the estimated construction cost of the installation or replacement of the plumbing system is $500,000 dollars or more.
(iv)Installation or replacement of boilers. A capital project that is not subject to subdivision b of Section 224.1 of the Charter involving the installation or replacement of boilers at an estimated construction cost of two million dollars or more is covered by subdivision c (1) of Section 224.1 of the Charter.
(v)Installation or replacement of lighting systems. A capital project that is not subject to subdivision b of Section 224.1 of the Charter and that includes the installation or replacement of lighting systems at an estimated construction cost of one million dollars or more is covered by subdivision c (1) of Section 224.1 of the Charter.
(vi)Installation or replacement of HVAC comfort controls. A capital project that is not subject to subdivision b or paragraph (1) of subdivision c of Section 224.1 of the Charter and that includes the installation or replacement of HVAC comfort controls at an estimated construction cost for such installation or replacement of two million dollars or more is covered by paragraph (2) of subdivision c of Section 224.1 of the Charter.
(b)Entities that are not City agencies.
(2)Entities that are not City agencies and that receive capital dollars from the City treasury shall be on notice that a project, as such project is described in supporting documentation submitted to the Office of Management and Budget for the issuance of a Certificate to Proceed for Construction or Certificate to Proceed for Design and Construction, shall be subject to all applicable provisions of Local Law 86 of 2005 at any time that the City capital contribution to such project equals or exceeds one of the amounts set forth in paragraph 1 of this subdivision. All City funding agreements shall contain notice of this requirement.
(3)When determining whether the City contribution is 50% or more or $10 million or more of the estimated project cost, the cost of the entire project, as described in supporting documentation submitted to the Office of Management and Budget for the issuance of a Certificate to Proceed for Construction or Certificate to Proceed for Design and Construction, including land or other property acquisition and subsequent construction or rehabilitation costs, shall be considered.
(4)Entities that are not City agencies shall act in good faith in describing capital projects in supporting documentation submitted to the Office of Management and Budget for the issuance of a Certificate to Proceed for Construction or Certificate to Proceed for Design and Construction, and shall not seek to do so in a manner so as to circumvent the requirements of Section 224.1 of the Charter and this chapter.
(c)Stand-alone parking garages. Notwithstanding any inconsistent provision of this chapter, stand-alone parking garages are not covered by Section 224.1 of the Charter and this chapter.
