The Department of Buildings (DOB) has a dual role of balancing the need for a process that ensures the safe condition of buildings for owners and tenants, as well as facilitating local construction in a timely manner. Under most circumstances a change in the primary use of a space is considered a major alteration and would require an Alteration Type 1 (Alt 1) application in order to receive a Certificate of Occupancy (C of O) from the city. Alt 1 applications are by their very nature complex and time consuming. They are designed to ensure every aspect of the building code is met.

Part of the charm and character of New York City are first floor bodegas, banks, restaurants, and other commercial establishments. But due to the vagaries of rising rents and changing tastes, these ground level establishments come and go.

But there is good news for these small businesses.  The DOB has recognized that under certain conditions an easier filing option known as the Alteration Type 2 (Alt 2) application is appropriate. Alt 2 applications are much faster to obtain and require far less red tape, while still ensuring safety. They work under the assumption that smaller spaces that meet certain conditions can follow a streamlined process of inspection and approval.

Technically, if a space is occupied by one type of business and is then replaced by another type of building, such as a bank to a restaurant, an Alt 1 is required. But the DOB has recognized that under certain conditions an Alt 2 application can be appropriate for a C of O.

In order to qualify for the Alt 1 exception, a space must meet the all six of the following requirements:

1.       Establishment is on the ground floor, and accessed by the public directly from the exterior of the building

2.       Maximum occupancy of 74 or fewer

3.       No change in the live load of the floor

4.       The portion of the establishment altered complies with other applicable requirements (i.e. accessibility, and fire protection)

5.       The establishments are within the same use group (i.e. 6A to 6B)

6.       No change in required exits

The Alt 1 exception is small business friendly. It decreases red tape and speeds occupancy while maintaining the highest safety standards. It is a win for both tenants and owners.

For more information, please see DOB buildings bulletin 2009-025.