Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC AC § 28-113.2.2?

Quick Answer

This section allows for the use of alternative materials and methods of construction not specifically prescribed by the code, provided they receive prior approval from the commissioner. The commissioner must find that these alternatives are equivalent in quality, strength, and safety to the prescribed standards. Applies to building owners seeking alternative construction methods.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 28-113.2.2 Alternative materials.

AC § 28-113.2.2

Except as otherwise specifically limited by this code, the provisions of this code are not intended to prevent the installation of any material or to prohibit any alternative engineered design or method of construction not specifically prescribed by this code, provided that the use of such alternative material has been previously approved by the commissioner and may be used only to the extent set forth in such approval. The use of an alternative material, design, method of construction or equipment shall be approved where the commissioner finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 28-113.2.2?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters