To Be Determined: A Clarification of the NYC Determination Request

If you have been involved with NYC construction projects and the Department of Buildings (DOB), it is likely that you’ve heard some of the following phrases: pre-consideration, reconsideration, interpretation, and determination. These all fall under the “determination” filing category. Determinations are not to be used for objections raised by a plan examiner, or to address a possible future objection on an unfiled application.

*Please note as of January 28, 2018, the DOB has created new fees for Construction Codes Determination (CCD1) and Zoning Resolution Determination (ZRD1) filing submissions.

The DOB divides determinations into two separate filing submissions: the ZRD-1 and CCD-1.

ZRD-1

A ZRD-1 is for the purpose of items related to the zoning resolution only. This is the only means by which a zoning resolution determination can be requested. All ZRD-1’s are intended to interpret or clarify the zoning resolution. Any request for a variance to the zoning resolution must be filed with the Board of Standards and Appeals, or with the Department of City Planning. A variance cannot be granted via a ZRD-1 request.

CCD-1

The second determination, the CCD-1, covers any and all construction related interpretations or variances. This filing can be used for interpretation or clarification of an existing construction code requirement. Additionally, any variances that are requested for a construction application can be submitted using this application. Beyond construction, a variation of the Multiple Dwelling Law 277.16 for Article 7B Buildings can be applied for with the CCD-1. It is important to note that any and all other Multiple Dwelling Law variance requests are to be completed with the Board of Standards and Appeals.

Determinations are not intended for use in lieu of complying with the construction code. All attempts must be made to provide the compliant option and as-of-right solution. If this cannot be met by some hardship, then a determination filing for a variance of the building code should be requested.

Also, determination filings are not to be used for a waiver of accessibility requirements of Chapter 11 of the NYC Building Code—this type of waiver request must be submitted directly to the Mayor’s Office for People with Disabilities (MOPD). These will only be considered for one of the following types of hardships:

1. Would create an undue economic burden. Would not achieve its intended objective.

2. Would be physically or legally impossible.

3. Would be unnecessary in light of alternatives which ensure the achievement of the intended objective or which, without a loss in the level of safety, achieve the intended objective more efficiently, effectively or economically.

4. Would entail a change so slight as to produce a negligible additional benefit consistent with the rules.

Determinations are a useful and effective tool for reaching approval within the Department of Buildings, but knowing which route and when it should be utilized early in the filing process will help to ensure a paramount filing strategy.