§ 101-12 The Office of Technical Certification and Research and the Use of Material in Construction Activities.
RCNY § 101-12
(a)Scope. The Office of Technical Certification and Research ("OTCR") is responsible for approving materials, pursuant to Article 113 of the New York City Construction Codes ("Construction Codes") and § 83 of the New York City Electrical Code. Materials approved, pursuant to § 83 are subject to the requirements set forth in the New York City Electrical Code and 1 RCNY § 4000-01.
(b)References. See §§ 28-103.9, 28-103.10, 28-113.1 to 28-113.4 and 28-114.1 to 28-114.4 of the New York City Administrative Code ("Administrative Code"), the New York City Electrical Code, and 1 RCNY § 4000-01.
(c)Definitions. For the purposes of this rule, the following terms shall have the following meanings: (1) Applicant. The person or entity seeking an assessment or approval of materials.
(2)Approved inspection agency. An agency that is approved by the department as qualified to perform one or more of the inspections required by the Construction Codes.
(3)Approved product certification agency. An inspection agency that is approved by the department as qualified to inspect at regular intervals the material that is to be or is listed and labeled, to verify that the labeled material is representative of the material tested.
(4)Approved testing agency. An 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 the Construction Codes. 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. Such term shall also include a licensed concrete testing laboratory.
(5)Code prescribed materials. Materials for which the Construction Codes provide prescribed standards. Such materials do not require OTCR approval, but may be required to be identified on the Schedule of Materials and Equipment as provided for in subdivision (d) of this section.
(6)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.
(7)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.
(8)Materials. Materials, assemblies, appliances, equipment, devices, systems, products and methods of construction regulated in their use by the Construction Codes.
(d)Identification of materials.
(1)Schedule of Materials and Equipment. OTCR shall prepare and maintain a Schedule of Materials and Equipment ("Schedule") that shall be used to identify third-party tested and/or listed materials on construction documents OTCR shall post the Schedule on the OTCR Webpage of the department's Website (http://www.nyc.gov/buildings). For such materials, a registered design professional filing construction documents shall be required to incorporate the Schedule into his or her construction documents, shall provide material listing information as identified on the Schedule and shall maintain third-party certification documents for a period of six (6) years following sign-off of the work.
(e)Site specific approvals.
(i)The applicant for a site-specific approval shall submit to OTCR the OTCR 2 application (Site-Specific Approval Application) and six hundred dollar ($600.00) fee as prescribed in Table 28-112.8 of the Administrative Code.
(ii)The approved testing agency or the professional engineer has sixty (60) calendar days from the date of the filing of the OTCR 2 in which to submit to OTCR the OTCR 3 statement (Approved Testing Agency or Professional Engineer Statement) and any associated test reports. If the statement and reports are not submitted to OTCR within the sixty (60) calendar days, the application may be administratively closed. The application fee shall be non-refundable.
(f)Alternative Materials.
(iv)Notification of rejection of a standard will be issued by OTCR in writing. No refund of the application fee shall be issued.
(g)Abandoned applications. OTCR 1 and/or OTCR 2 applications that have been rejected and upon which no further action has been taken by the applicant within sixty (60) days after the notice of rejection shall be deemed abandoned.
(h)Reinstatement. Applicants seeking reinstatement of an abandoned application(s) shall pay an additional six hundred dollar ($600.00) filing fee as prescribed in Table 28-112.8 of the Administrative Code.
(j)Testing. The department reserves the right to have materials tested by a third party at the building owner's or manufacturer's expense where there are observable defects, labeling inconsistencies, evidence of non-compliance with the approved standard and/or other indications of concern. (Amended City Record 6/11/2019, eff. 7/11/2019; amended City Record 11/21/2025, eff. 12/21/2025)
