Permitspace

Tax Photographs of Buildings from the NYC Municipal Archives

2009-09-27T13:30:00.014-04:00

Another useful City resource for Owners and Architects are the Tax Photographs available from the NYC Municipal Archives. Between 1939 and 1941, and again in the mid-1980s, the city photographed every house and building in the five boroughs. These photos are now available for purchase from NYC.

To obtain a copy, you can go to the Archives in person (31 Chambers Street, NY, NY-check their web site for hours and details before going), or you can order a copy online.

Here's a link to the web page, which explains more about the history of the photos and has instructions for ordering online: NYC.GOV/RECORDS

The Tax Photo might be useful for permitting purposes:
This resource may be helpful to illustrate an existing non-compliance to remain to a DOB Plan Examiner, such as a projecting stoop that may require reconstruction.

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HPD I-Cards Available Online

2009-09-11T16:26:00.009-04:00

Check out the HPD I-Card for the building, now available for free download on the HPD Website.

This is a great way to get useful historical information for Multiple Dwellings in the City. This comes in especially handy for old buildings with little or no DOB Actions/Filings, which I commonly find to be the case for brownstones in Brooklyn.

You might need this information if you need to prove the existing legal use/occupancy of a building. Or, if you need to know the Multiple Dwelling Classification of an old building.

Sometimes there are even schematic plans of the building on the I-Card, which can be useful in proving the 'Existing Legal Layout' of an unaltered building to a Plan Examiner when no DOB-approved plans are on file.

Follow these steps:
Go to the HPD Website Home Page

Enter the address of the property in the light blue search box:

If the property is found in HPD's Database, there will be a series of links listed on the left side of the page. Towards the bottom, there is a link 'I-Card Images'. Click on it:

If an I-Card is found, it will be listed towards the bottom of the page with a link that says 'View'. Click on it. You may need to install a plug-in when prompted:

That's it, you should see the I-Card, which you can print on your printer, or print to Adobe PDF & save to your computer.

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Emergency Escape and Rescue Openings for Residential and Institutional Occupancies

2009-09-10T18:00:00.002-04:00

Emergency Escape and Rescue Openings are required in the New NYC Construction Code as per Section BC 1025 in R (Residential) and Group I-1 (Institutional) Occupancies.

Sleeping Rooms below the fourth story above grade shall have at least one emergency escape and rescue opening.

Where below-grade stories contain one or more sleeping rooms, emergency escape and rescue openings shall be required in each sleeping room and shall open directly in to a public street, public alley, yard or court.

The minimum size of such openings is a minimum net clear opening of 6 square feet.
The net clear opening height dimension shall not be less than 30"
The net clear opening width dimension shall not be less than 24"
The bottom of the clear opening shall not be more than 36" above the floor.
The opening shall be operational from the inside of the room without the use of keys or tools.
An emergency escape and rescue opening below the adjacent ground level shall be provided with a window well with a minimum horizontal area of 9 Sq Ft, with a minimum dimension of 36".
Window wells with a depth of more than 44" shall be equipped with an approved permanent ladder or steps.

There are exceptions listed in the Code under Section 1025.1. The above is an abbreviation/summary of the full Code requirement. Please refer to the Building Code Text for full details.

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2008 Occupancy Group Classifications

2009-09-08T18:22:00.011-04:00

Below is a list comparing the 1968 Building Code Occupancy Group Classifications to those of the new NYC Construction Codes

The 1968 Code classified Occupancies in decending order from higher to lower hazard in terms of Life Safety. The 2008 Code classifies Occupancies according to logical reference, where the Occupancy Group Letter matches the Description (ex: R=Residential)

1968 Code -->2008 Code

A-High Hazard-->H-High Hazard (H-1 thru H-5)

B-Storage-->S-Storage (S-1 & S-2)

C-Mercantile-->M-Mercantile-Display and Sale of Merchandise

D-Industrial-->F-Factory and Industrial (F-1 & F-2)

E-Business-->B-Business (Office, Professional, Service-type transaction, Public or Civic Services)

F-Assembly-->A-Assembly (A-1 thru A-5)

G-Education-->E-Educational (5 or more persons)

H-Institutional-->I-Institutional (I-1 thru I-4)

J-Residential-->R-Residential (R-1 thru R-3)

K-Miscellaneous-->U-Utility and Miscellaneous (Accessory Structures or not classified in any specific occupancy)

Description of 2008 Sub-Occupancies:

Assembly:
A-1=Assembly with Fixed seating, intended for production and viewing of the Performance Arts or Motion Pictures.
A-2=Food and/or Drink Consumption.
A-3=Worship, Recreation or Amusement (Physically active), and other assembly uses not classified elsewhere in Group A.
A-4=Indoor Sporting Events with Spectator Seating.
A-5=Participation in or viewing Outdoor Activities.

Factory and Industrial (F):
F-1=Moderate Hazard.
F-2=Involves Non-Combustible, Non-Flammable Materials, or Low-Hazard Production.

High Hazard (H):
H-1=Materials that present a Detonation Hazard.
H-2=Uses Present a Deflagration Hazard or a Hazard from Accelerated Burning.
H-3=Materials that readily support combustion or present a Physical Hazard.
H-4=Materials that are Health Hazards.
H-5=Semiconductor Fabrication Facilities using excessive Hazardous Production Materials (HPM) in excess of the permitted aggregate quantity.

Institutional (I):
I-1=Housing persons, on a 24-hour basis, capable of self-preservation and responding to an emergency situation without physical assistance from staff.
I-2=Medical, Surgical, Nursing, or Custodial Care, on a 24-hour basis, of more than 3 persons who are not capable of self-preservation or responding to an emergency situation without physical assistance from staff.
I-3=More than 5 persons who are detained under restraint or for security reasons.
I-4=Day Care Facilities occupied by persons of any age who receive custodial care (without overnight) by individuals other than parents, guardians, or relatives in a place other than home.

Residential (R):
R-1=Residences occupied Transiently (for less than 1 Month).
R-2=Residences containing more than 2 Dwelling Units and occupied on a Long term basis (for a month or more).
R-3=Residences containing not more than 2 Dwelling Units and occupied on a Long term basis (for a month or more).

Storage (S):
S-1=Moderate Hazard Storage Occupancy for any Flammable or Combustible Materials.
S-2=Low Hazard Storage Occupancy for Non-Combustible Materials.

This list is for informational purposes only. Refer to the 2008 Code Text for the official reading.

Also see the DOB Fact Sheet

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Scissor Stairs

2008-04-01T22:00:00.005-04:00

Q: What is a Scissor Stair? When are Scissor Stairs permitted? Will Scissor Stairs still be permitted under the New NYC Construction Code?

A: A Scissor Stair is a set of 2 interlocking stairways providing two separate paths of egress located within one stairwell enclosure. The Stairs wind around each other, and are separated from each other within the enclosure, by fire rated construction having the same rating as the Stair Enclosure (usually 2-hour construction). Scissor Stairs are permitted under certain conditions by the New NYC Construction Code, as listed below.

Scissor stairs are particularly effective in small footprint Residential Apartment buildings requiring 2 vertical means of egress. In large footprint buildings, Scissor Stairs may create Dead End Corridors, and should be avoided.

Scissor Stairs are permitted in:

'J-2' Residential Apartment Buildings ('R-2' New Const Code).
Per New Construction Code Section 1014.2.1:

Stair doors must be at least 15 feet apart from each other

Stair Enclosing Walls shall be Constructed of 2-Hr rated Masonry or approved Masonry Equivalent material.

Stair may share common walls, floors, ceilings or scissor stairs assemblies or other enclosures provided that the construction separating the stairs is also of at least a 2-hour fire resistance rating and constructed of masonry or masonry equivalent.

Author’s Note: Comply with Dead End Corridor limitations.

Author’s Note: Both Stairs within the Scissor Stair enclosure must extend to the Roof to provide Roof Access.

Author’s Note: When both of the Stairs within a Scissor Stair terminate at a Street Floor Lobby, egress must be provided in 2 separate directions from the Lobby to the Street.

'E' Office Buildings ('B' New Const Code)
Per New Const Code Requirements Section 1014.2.1:

With a Building Height not exceeding 60 feet

With a Footprint not exceeding 2,000 sq ft per floor

Stair doors shall be at least 15 feet apart from each other

Maximum travel distance of 50 feet from most remote point to a Stair Door

Stair Enclosing Walls shall be Constructed of 2-Hr rated Masonry or approved Masonry Equivalent material

Stair may share common walls, floors, ceilings or scissor stairs assemblies or other enclosures provided that the construction separating the stairs is also of at least a 2-hour fire resistance rating and constructed of masonry or masonry equivalent.

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Minimum Trap/Waste Outlet Sizes for Plumbing Fixtures

2008-03-29T10:25:00.005-04:00

Q: What are the Minimum Trap/Waste Outlet Sizes for Plumbing Fixtures, the the NYC Building Code?

A: Refer to Table 16-6 for the Minimum Trap Sizes, as restated below:

Fixtures & Trap Sizes:
Bathtub (with or without overhead Shower 1 1/2"
Bidets 1 1/2"
Combination Sink and Wash (Laundry Tray) 2"
Dental Unit or Cuspidor 1 1/2"
Drinking Fountain 1 1/2"
Dishwasher, Commercial 2"
Dishwasher, Domestic 1 1/2"
Floor Drain 3"
Funnel Drain 1 1/2"
Kitchen Sink, Domestic 2"
Laboratory Cup Sink 1 1/2"
Laboratory Sink 2"
Lavatory, Common 1 1/2"
Lavatory, Barber, Beauty Parlor, or Surgeon's 1 1/2"
Lavatory, multiple type (was fountain or sink) 1 1/2"
Laundry Tray (1 or 2 compartments) 1 1/2"
Laundry Standpipe 2"
Shower, Stall 2"
Shower, Gang 3"
Sink (Surgeon's) 1 1/2"
Sink (flushing rim type, flush valve supplies) 3"
Sink (service type with Trap Standard) 3"
Sink, Commercial (Pot, Scullery or sim) 2"
Sterilizers 3"
Urinal (Pedestal) 3"
Urinal (Stall Type) 2"
Urinal (Wall Lip Type) 2"
Urinal (Women's) 3"
Water Closet (Waste Outlet) 3"

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When is a Work Permit Required?

2008-02-06T18:49:00.000-05:00

Q: When exactly is a Work Permit required from the NYC Department of Buildings for construction work?

A: The Code allows 'Minor Alterations' and 'Ordinary Repairs' to buildings without the need to obtain a Work Permit provided that it meets their definition of same.

Minor Alterations and Ordinary Repairs do not include the following and therefore require the issuance of a Work Permit:

Cutting away of any portion of a wall, floor, or roof construction.
Removal, cutting, or modification of any beams or structural supports.
Removal, change, or closing of any required means of egress
Rearrangement or relocation of any parts of the building affecting loading or exit requirements
Alterations, modifications, replacements, repair or removal of Sprinkler or Standpipe systems.
Alterations, modifications, replacements, repair or removal of Plumbing or Sewer systems. However, replacement of Plumbing Fixtures on existing Roughing from the inlet side of a trap to any exposed stop valve does not require a Permit.
Any other work affecting health or the fire or structural safety of the building.

Below are the Code Sections specifying the requirements. In certain instances, this information may not be sufficient to characterize the work, and additional research for Permit requirements may be necessary, especially with exterior work.

ARTICLE 5 MINOR ALTERATIONS: ORDINARY REPAIRS

27-124 Minor alterations
For the purposes of this code, the term "minor alterations" shall mean minor changes or modifications in a building or any part thereof, excluding additions thereto, that do not in any way affect health or the fire or structural safety of the building. Minor alterations shall not include any of the work described or referred to in section 27-126 of this article, or any other work for which a permit is required under the provisions of articles ten through seventeen of this subchapter.

27-125 Ordinary repairs
For the purposes of this code, the term "ordinary repairs" shall mean replacements or renewals of existing work in a building, or of parts of the service equipment therein, with the same or equivalent materials or equipment parts, that are made in the ordinary course of maintenance and that do not in any way affect health or the fire or structural safety of the building or the safe use and operation of the service equipment therein. Ordinary repairs shall not include any of the work described or referred to in section 27-126 of this article or any other work for which a permit is required under the provisions of articles ten through seventeen of this subchapter.

27-126 Work not constituting minor alterations or ordinary repairs.
(a) For the purposes of this code, minor alterations or ordinary repairs shall not include the cutting away of any wall, floor, or roof construction, or any portion thereof; or the removal, cutting, or modification of any beams or structural supports; or the removal, change, or closing of any required means of egress; or the rearrangement or relocation of any parts of the building affecting loading or exit requirements, or light, heat, ventilation, or elevator requirements; nor shall minor alterations or ordinary repairs include additions to, alterations of, or rearrangement, relocation, replacement, repair or removal of any portion of a standpipe or sprinkler system, water distribution system, house sewer, private sewer, or drainage system, including leaders, or any soil, waste or vent pipe, or any gas distribution system, or any other work affecting health or the fire or structural safety of the building.

(b) Minor alterations or ordinary repairs shall include the repair or replacement of any fixture, piping or faucets from the inlet side of a trap to any exposed stop valve.

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Landmarks Expedited Review

2008-02-06T18:46:00.000-05:00

Q: What is the criteria necessary to file for a Landmarks Expedited Review Permit?

A: Landmarks Approval for construction projects can add significant lead time to issuance of a Work Permit. Landmarks offers an Expedited Review process for Alterations meeting the below criteria. We encourage all applicants that can comply with the criteria to submit their application using this method:

1. Must be INTERIOR WORK ONLY;
2. Must be performed ONLY ABOVE THE SECOND STORY;
3. Must NOT be performed on any portion of a space designated as an interior landmark;
4. Must NOT involve any change to, replacement of, or penetration of any window, skylight,
exterior wall or roof of any portion thereof; and
5. For floors 3 through 6 must NOT involve a dropped ceiling or a partition which is less than a
minimum of 1'-0" back from any interior windows sill or frame, whichever is further from the
glass.

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Asbestos ACP-5 Exemptions

2007-11-16T12:35:00.000-05:00

Replacement of a Rooftop Air Conditioner with no change to Ductwork is exempt from the filing of an Asbestos Report ACP-5.

Q: I am filing my alteration with the NYC Department of Buildings for Permit Issuance. Are there any types of alterations that are exempt from the filing of an ACP-5 Asbestos Report? If so, what is the list of exempted items?

A: As per a previous post, Buildings filed with the DOB after April 1, 1987 do not require an Asbestos Investigation (ACP-5). In addition, the following items are exempt:

Accessory Parking
Awnings
Building-Sealing
Candy or News Stands
Change of Use, Legalization, or Certificate of Occupancy requiring No Work
Concrete Work (Exterior)
Cranes
Curb Cuts
Debris Chutes, where chute will not be used for Asbestos-Containing Materials
Demolition of 1 story Garages, maximum capacity 2 cars, NOT supplied with Water Lines
Dumbwaiter-Sealing
Elevator Equipment (not including construction and enclosure of Elevator Shaft)
Emergency Power NOT involving hard wiring (i.e. Battery Packs)
Finish Material Installation
Fire Escape Installation
Flagpoles
Greenhouses-Detached
Hoist
Interior Non-Bearing Partition Installation involving NO penetration of Hung Ceiling
Kiosks
Legalization of Demolition Work which occurred prior to 4/1/1987
Parapet Walls
Radio Antennas (Towers)
Relocating Parking Lot Sheds
Retaining Walls
Roof Decks not anchored to Building Structure
Rooftop Air Conditioning Replacement, not involving modification or Removal of Duct Work
Scaffolding (Exterior)
Sidewalk Cafes
Sidewalk Elevators
Sidewalk Sheds, Bridges, and Fences
Signs
Storefront Installation in Existing Masonry Openings
Subdivision of an existing Tax Lot
Temporary Structure Erection (trailers, shanties, etc), supplied with Electric and Water Lines only
Tents
Underpinning of Buildings
Vaults
Water Tank Replacement (Exterior)
Zoning Lot Reapportionment

This information was compiled from DOB OPPN's 1/87, 10/87, and 1/88.

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Tags: ACP-5, Asbestos, Permit, Alterations

Photo credit Hi-Tech Heating and Air Conditioning

Deck in a Rear Yard?

2007-11-10T10:25:00.000-05:00

Above is a view into typical Brooklyn Brownstone rear yards, showing many decks and roof coverings constructed of combustible materials. Often, these structures have not been constructed legally.

Q: What are the legal requirements for the construction of a Deck in the Rear Yard of a Brownstone-type building?

A: When considering construction of a Deck, it is necessary to comply with the Department of Buildings requirements for Decks. Legalization of existing Decks can be problematic, because many have not been designed by an Architect or Engineer and no Permit was ever obtained. The NYC Department of Buildings is cracking-down on Deck requirements, as they can be hazardous from a structural or fire safety standpoint when constructed improperly. An Illegal Deck can also be a problem when selling a property or applying for a Certificate of Occupancy.

Below is a listing of the basic Deck requirements, distilled from NYC Department of Buildings Memorandums. New Decks would need to comply with the below in order to obtain Plan Approval. Existing Decks needing to be Legalized would have to be modified (as required) to comply with the below:

Definition of a Deck:
A Deck is a raised floor, supported by structural framing above the surrounding ground at the level of the first story of a house. A Deck must be constructed without a roof. An outdoor structure with a roof is not a Deck. It may be considered an additional room, in which case different zoning rules and NYC Building Code provisions will apply.

Deck Requirements:
1 Only a NYS Registered Architect or Professional Engineer may design a Deck or porch. The Department of Buildings must approve the plans and issue a permit before any work begins.

2 Decks must be located at or below the floor level of the first story of a house.

3 A Deck may project up to eight feet (8’) beyond the face of the building into the required thirty foot (30’) rear yard.

4 There shall be no useable building or storage space underneath the Deck.

4 There must be at least three feet (3’) between the Deck and the SIDE or REAR LOT LINE, unless the Deck is constructed of non-combustible materials, such as steel, in which case it may be closer to the Property Lines.

5 All Decks must have a railing at least 42 inches high.

6 Spaces between railings and/or posts can be no greater than five inches.

7 Elevated Decks must be braced at the columns and where the beams and columns connect.

8 Decks must be able to withstand a minimum of 40 pounds per square foot plus the weight of the Deck. This is the same live load required as for the building itself. Thus, a Deck will usually require a structure as robust as that of the main house’s floor construction, rather than the flimsy, under-structured wood Decks that are commonly seen.

9 Decks must be properly anchored to a house or building. Nailing Decks instead of using proper anchors is a common mistake that often leads to accidents and can cause serious injuries.

10 A homeowner may construct a Deck, but is not allowed to perform plumbing or electrical work. If you use a contractor, the contractor must have a Home Improvement Contractor’s License.

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What is a Revocable Consent?

2007-11-08T08:00:00.000-05:00

Above is an example sketch of Planters on the Sidewalk requiring Revocable Consent

Q: What is a Revocable Consent? What is required to obtain one?

A: When a Building Owner wishes to construct a portion of their building beyond the Front Lot Line or Street Line, they may be required to obtain a Revocable Consent approval to do so.

The Building Code allows certain, limited projections beyond the Street Line, for both above-ground and below-ground projections. These are covered in 1968 Building Code Subchapter4, Articles 8 & 9. See my entry on Projecting Balconies as an example of a permissible projection not requiring a Revocable Consent.

If, however, the Building Owner wishes to construct beyond the limitations specified in the Building Code, they will need to apply for a Revocable Consent through the NYC-Department of Transportation.

A Revocable Consent is a grant by the City to construct and maintain certain structures on, over, or under City Property (usually the Sidewalk or Street). As the name implies, the City may revoke the grant at any time, and thus oblige the Owner to remove the projection.

The Revocable Consent process takes approximately 4-6 months, longer if a Uniform Land Use Review Procedure is required (ULURP). The ULURP Process adds at least 6 months to the process.

Generally, consents are granted for a term of ten years, at the end of which time they may be renewed. Revocable Consents are distributed to several reviewing agencies, all of which must approve the petition:

-Borough President's Office
-DOT Borough Commissioner
-Department of Environmental Protection
-Department of Buildings
-Art Commission
-Local Community Board
-City Council
-Department of City Planning (for ULURP)

A few examples of structures that commonly require Revocable Cosents:

-A Building Cornice projecting more than 10" beyond the Property Line.
-An Outdoor Bench on the Sidewalk
-An Information Kiosk
-Building Steps or Entrance Details which project more than 18" beyond the Property Line
-Exterior Wheelchair Ramps installed on an existing building which project more than 44" beyond the Property Line.
-Canopies, exceeding the size limitations of a standard Canopy.

-Planters or Bollards on the Sidewalk

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Where are Portable Fire Extinguishers required?

2007-11-06T18:10:00.000-05:00

Q: In what Occupancies are Portable Fire Extinguishers required?

A: The following information is to the best of my knowledge, and may have been updated or revised. In addition, there may be some special Occupancies where portable fire extinguishers are required that are not listed below (for instance, at Outdoor Sidewalk Cafes with Gas Heaters) However, the below list is a good starting point:

As per SECTION 15-02 OF TITLE 3 OF THE RULES OF THE CITY OF NEW YORK,

"The owner or occupant of any occupancy or space shall ensure that such occupancy or space is equipped with the portable fire extinguishers as set forth in NFPA Standard 10-1998, except as otherwise required by this subdivision. The NYC FIRE DEPARTMENT may prescribe such other or additional portable fire extinguisher requirements as it determines to be necessary for fire protection purposes, based on the use or configuration of the occupancy or space.

Portable fire extinguishers shall be provided in the following occupancies or spaces:

1. Occupancies or spaces used or classified as OFFICES or PLACES OF WORSHIP, HOTELS and MOTELS shall be provided with one fire extinguisher of minimum 2-A rating for every six thousand (6,000) square feet of floor area or fraction thereof on each floor, except that such a fire extinguisher shall be provided for every twelve thousand (12,000) square feet of floor area or fraction thereof on each floor for occupancies or spaces used as or classified as offices or places of worship in fully sprinklered buildings.

2. ROOMING HOUSES and SINGLE ROOM OCCUPANCIES, as defined in the New York State Multiple Dwelling Law, with over 15 sleeping rooms shall be provided with one fire extinguisher of minimum 2-A rating in the apartment of the manager or the building superintendent.

3. HOSPITALS, NURSING HOMES, HOMES FOR THE AGED, DAY NURSERIES accommodating more than 15 children and asylums shall be provided with one fire extinguisher of minimum 2-A rating for every 2,500 square feet of floor area or fraction thereof on each floor.

4. Places of PUBLIC ASSEMBLY or other occupancies or spaces where 75 or more people congregate, including places for entertainment or amusement, shall be provided with one fire extinguisher of minimum 2-A rating for every 2,500 square feet of floor area or fraction thereof on each floor.

5. Occupancies used or classified as RETAIL STORES or shops shall be provided with one fire extinguisher of minimum 2-A rating for every 2,500 square feet of floor area or fraction thereof on each floor.

6. PIERS, STABLES, WAREHOUSES, MANUFACTURING occupancies and all COMMERCIAL occupancies except stores and office buildings shall be provided with one fire extinguisher of minimum 2-A rating for every 2,500 square feet of floor area or fraction thereof on each floor.

7. Occupancies or spaces used or classified as LUMBER YARDS shall be provided with one fire extinguisher of minimum 2-A rating for every 2,000 square feet of floor area or fraction thereof

8. Occupancies or spaces used or classified as TELEPHONE EXCHANGES shall be provided with portable fire extinguishers suitable for Class A and Class C fires. A fire extinguisher of a minimum 2-A rating shall be provided for every 3,000 square feet of floor area or fraction thereof.

9. STORAGE GARAGES, ELECTRIC POWER PLANTS and occupancies or spaces that manufacture, use or store flammable liquids or mixtures, combustible liquids or mixtures, fats, paints, waxes or similar substances shall be provided with an extinguisher suitable for a Class B fire that shall meet the rating and travel distance requirements for Extra (High) Hazard occupancies as specified in Table 3-3.1 of NFPA Standard 10-1998.

KITCHENS (except those used domestically in residential occupancies, but including those kitchens used communally by the occupants of more than one dwelling unit), shall be provided with an extinguisher suitable for a Class K fire, and shall meet the travel distance requirement of §3-7.2 of NFPA Standard 10-1998. The requirements of sub-paragraph 9 shall be in addition to sub-paragraphs 1-8 of this paragraph."

Contact FDNY with any specific questions, or visit the FDNY Web Site for further information.

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What is an As-of-Right Development?

2007-11-05T18:16:00.000-05:00

Q: What is an As-of-Right Development?

A: An AS-OF-RIGHT development is a DEVELOPMENT which complies with all applicable zoning regulations and does not require any discretionary action (special permit or variance) by the City Planning Commission or Board of Standards and Appeals for approval.

The significance is as follows:
A Developer acquires a vacant, 2,000 sq ft ZONING LOT in a Residence District which has a Maximum FLOOR AREA RATIO (FAR) of, say 4.0.

To determine the maximum ZONING FLOOR AREA that may be developed on the site, we multiply the LOT AREA (2,000 sq ft) x Maximum FAR (4.0), and we get 8,000 square feet.

When the Developer's Architect files the CONSTRUCTION DOCUMENTS with the NYC Department of Buildings for Plan Approval, the Architect illustrates the above FAR Calculation in his Zoning Analysis.

The NYC Department of Buildings Plan Examiner reviews the plans and finds that the development complies with the applicable FAR requirements. Assuming that the project complies with all other Code and Zoning regulations, the DOB Plan Examiner may APPROVE the Plans, and the Developer may construct the 8,000 sq ft building as-of-right.

It is not necessary for the Developer to seek the additional approval of the City Planning Commission, or of the Local Community Board, or of any other outside party of interest. His development complies with the applicable Zoning Laws currently in force, and he is entitled to build.

There are stories about over-development and upset neighbors witnessing new construction that they find bothersome or too large. Sometimes, it is true, an unscrupulous Developer or Architect has abused the DOB's PROFESSIONAL CERTIFICATION* program or exploited a COMMUNITY FACILITY FAR (when the building is not a Community Facility) or has pulled some other 'fast one' that the DOB is likely to catch. But often, the Development is as-of-right.

-For Residents concerned about over-development, gain an understanding of the Zoning Regulations for your District and lobby your Lawmakers to change the Zoning Regulations. Targeting the Developer will not be fruitful if the development complies as-of-right, the plans are approved, and a Work Permit has been issued.

-For Developers, it would usually be unwise not to maximize the potential Zoning Floor Area of the development site.

*Banks often do not accept plans approved under Professional Certification for development financing.

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Tags: zoning, bulk, floor area ratio, development, overdevelopment

Fire Escapes as a Means of Egress?

2007-11-04T15:30:00.000-05:00

Picture of a Fire Escape on an existing Multiple Dwelling

Q: Are FIRE ESCAPES permitted as a second Means of Egress on New or ALTERED Buildings?

A: As per Building Code Section 27-368, the use of Fire Escapes as a second Means of Egress is very limited:

-Fire Escapes are not permitted on New Buildings, with the exception of GROUP HOMES.

-Fire Escapes may be used as exits on buildings that existed on 12/6/1968, when such buildings are Altered, but only with the approval of the DOB Commissioner (sounds like the topic of a RECONSIDERATION)

When an existing building relies on a FIRE ESCAPE as a second Means of Egress, the Fire Escape needs to be retained, unless the building's egress is upgraded in such a way that the Fire Escape is no longer required (for instance, if an additional, compliant INTERIOR STAIR were installed to serve as a second Means of Egress).

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DOT Permit Holiday Embargo

2007-11-02T13:45:00.000-04:00

Q: For Department of Transporation Construction Permits, when does the DOT Holiday Embargo/Moratorium start and end? What locations in New York City does the Embargo effect?

A: See below excerpt from the DOT Website. Refer to the Attachment for Streets affected by the DOT Holiday Embargo :

"2007 Holiday Construction Embargo - This embargo applies to NYCDOT Construction Permits.

A special construction embargo is in effect Friday, November 16, 2007 from 6AM to 11:59 PM and from Tuesday, November 20, 2007 6AM through Wednesday, January 2, 2008 11:59PM for the 2007 Holiday Construction Embargo. There will be strict enforcement of this embargo and violators are subject to be
summonsed.

Street and sidewalk construction will be restricted from 6:00 AM to midnight during the upcoming holiday season on the roadways listed below. Any permits issued prior to the date of this notice for work in the areas listed for the Holiday Embargo which do not already have the Embargo Waiver traffic stipulation "410" are hereby voided for the period of Friday November 16, 2007 from 6AM to 11:59 PM and from Tuesday November 20, 2007 6AM through Wednesday January 2, 2008 11:59PM. The permits will be in effect again on January 3, 2008.

All permittees must comply with this embargo unless a special waiver is granted by OCMC. Waiver requests must be filed by November 9, 2007 with the Permit Office by filing a "Request for Roadway/Sidewalk Permits During Embargo Periods" with supporting documentation. Work may only occur from 12:01 AM to 6:00 AM with the issuance of the necessary permits, no Embargo Waiver request is needed for work during these times. Waiver requests should only be submitted for critical reasons for a specific project. If a waiver is granted, you will be notified
to apply for the approved permits.

Necessary measures must be taken to ensure that all streets and sidewalks are in proper condition to allow for the expeditious and safe movement of vehicular and pedestrian traffic. OCMC will also impose similar restrictions on public utilities and private contractors for those roadways that are listed below by borough. Tool carts, cable reels, containers, and material stored on roadways must be removed during the embargo period. Utility cover openings are prohibited on roadways noted below between the hours of 6:00 AM and midnight unless the utility or contractor can prove an emergency exists.

Notice to All Permit Applicants:
Please note that this year, in accordance with § 4. Subdivision (m) of section 2-02 of Title 34 of the Rules of the City of New York which reads "A request for approval to work during an embargo shall be submitted on a form provided by the Commissioner, along with a fee ($135.00) as specified in §2-03 of these rules. Payment of the application fee shall not guarantee that approval to work during the embargo period will be granted and application fee is in addition to any required permit fees".

A copy of the form "Request for Roadway/Sidewalk Permits During Embargo Periods" is attached. All forms must be filed with the required documents (shown on the form) along with the required fee at our Permit Office, 220 Church Street Ground Floor by Friday, November 9, 2007. Waiver requests should only be presented for critical reasons related to your specific project."

Intumescent Paint for Fire Protection

2007-10-31T18:22:00.000-04:00

Q: What is Intumescent Paint? How do I know if it can be used for my NYC Construction Project?

A: Intumescent means "swelling and charring when exposed to flame". When exposed to fire, the coating will rapidly react, becoming a compact foam, dense carbon char, or similar, to stop fire migration.

Intumescent Paint is a paint coating applied to Structural Members in order to afford them a Fire Resistance Rating. It is ususally employed as a remedial measure to enable exposed (unprotected) structural memebers to achieve a required fire resistance rating.

For instance, exposed wood joists and subflooring might be treated with intumescent paint (rather than installing a fire rated gypsum board ceiling assembly to encapsulate them) to achieve a vertical fire separation rating.

Intumescent Paint products must have an MEA (Materials and Equipment Acceptance) Number to qualify as an approved means of rating structural members. The paint must be applied and utilized in a manner consistent with the MEA Approval.

MEA Numbers for Intumescent Paint may be verified by lookup on the Department of Building Website. Check the MEA Index, and search under the "Fire Protection" heading to find approved Intumescent Paints and their respective MEA Numbers and MEA Approval documents.

The MEA Number must be listed on the DOB Drawings and Construction Documents when filing for approval and permit.

Here is a sample MEA-Approval for an Intumescent Paint product.

***

Photo above of an Intumescent Paint Application from Albi Manufacturing

Projecting Balconies

2007-10-24T21:33:00.000-04:00

Richard Meier's New Building on Prospect Park showing a nice use of Projecting Balconines beyond the Street Line

Q: Can a Balcony Project beyond the FRONT LOT LINE or STREET LINE? If so, how far?

A: As per the NYC 1968 Building Code, Balconies, including their railings and supporting brackets, may project up to 22 inches beyond the STREET LINE. There are also many Zoning Regulations to consider for Balconies. In most cases, Balconies must be located at or higher than the floor level of the third story of a Building or at least 20 feet above CURB LEVEL. The aggregate length of Balconies cannot exceed 50% of the length of the Building Wall from which they project.

Check the Zoning Regulations for additional Balcony requirements.

Ref: Building Code Section 27-313
Zoning Resolution Section 23-13

IS THIS A SIGN?

2007-10-21T19:04:00.000-04:00

Q: Does the above 'Grand Theft Auto' mural, being painted on the side of a building on Houston Street, count as a Sign for Zoning purposes? Is it subject to the Sign Regulations and Area Limitations of the Zoning Resolution?

A: This is in fact a SIGN, specifically an ADVERTISING SIGN, and it would need to comply with the Advertising Sign regulations for the applicable Zoning District.

Roof Access for Interior Stairs

2007-10-16T12:41:00.000-04:00

Q: When is it required for INTERIOR STAIRS to provide Roof Access?

A: Interior Stairs shall provide Roof Access as follows:

-At least one Interior Stair shall provide Roof Access in buildings or building sections greater than 3 stories or 40' high, when the roof has a slope of less than twenty degrees. Access to setback roof areas may be through a door or window opening to the roof. Interior stairs extending to roofs shall be enclosed in bulkheads of fire-resistant construction.

-All Interior Stairs in buildings classified in J-1 (Transient Residential) or J-2 (Permanent Residential, 3 or more Dwelling Units), which are more than 2 stories in height, with a roof having a slope of 15 degrees or less, shall provide Roof Access, except where the Stair terminates at a Setback Roof. Stairs shall extend to the roof in bulkheads of fire-resistive construction. Stairs terminating at the level of a setback roof shall provide access to the setback roof areas through a door except where the setback is less than 4' in width and less than 10' in length, as measured from the inside of the parapet wall.

-In buildings or in building sections classified in occupancy group J-1 two stories in height and in occupancy group J-2 three stories in height with not more than one dwelling unit per story with roofs having a slope of fifteen degrees or less, access to the roof shall be provided through a scuttle at least 21" in width and 28" in length. Scuttles shall be located within each stair enclosure with a stationary iron ladder leading to them.

Reference 1968 NYC Building Code Section: 27-375(k) for full details

What is a WIDE STREET?

2007-10-15T16:23:00.000-04:00

Prospect Park West in Park Slope, Brooklyn (shown above) is a nice example of a WIDE STREET

Polhemus Place in Park Slope, Brooklyn (shown above) is a nice example of a NARROW STREET

Q: What is the definition of a WIDE STREET? Does street width include the width of the Sidewalk?

A: A WIDE STREET is a Street that is 75' Wide or more. Streets less than 75' wide are NARROW STREETS. When determining Street Width, include the width of the sidewalk. It is important to determine whether your proposed DEVELOPMENT is located on a WIDE STREET or a NARROW STREET, as the FAR and HEIGHT AND SETBACK requirements vary depending on what type of street the DEVELOPMENT SITE is located on.

For the full definition of a WIDE STREET, and many more useful permit definitions, visit our other blog: permitpedia.blogspot.com

Applicability of NYS Energy Code to NYC Projects

2007-10-11T10:49:00.000-04:00

Q: When is the NYS Energy Code applicable to New York City Projects?

A: The following buildings must comply with the noted provisions of the Energy Conservation Construction Code of New York State:

-1- and 2-family detached residential buildings and all residential buildings of three stories or less must comply with Chapters 4, 5 or 6 of the Energy Conservation Construction Code of New York State (ECCCNYS)

-All other buildings, including residential buildings four stories or higher and excluding 1- and 2-family detached residences four stories or higher, must comply with Chapters 7 or 8 of the ECCCNYS

-Except where explicitly stated in the Code, ECCCNYS is not retroactive in existing buildings;

-Additions to existing buildings must comply with the ECCCNYS with respect to new construction;

-Alterations must comply with the Energy Code where 50% or more of any building system or subsystem, measured in appropriate units, is being replaced within any 12-month period, with some exceptions;

-In mixed-use buildings, each major use shall comply with the requirements of its occupancy.

The following buildings are exempt from the provisions of the ECCCNYS:

-Buildings with a peak design rate of nonrenewable energy usage less that 3.4 Btu/h/SF;

-Buildings whose energy usage for heating and/or cooling is entirely supplied from renewable energy sources;

-Historic buildings (see ECCCNYS §101.4.2.3 for detail);

-Nonresidential farm buildings (see ECCCNYS §101.4.2.5 for detail).

All New Building and Alteration Type-I Applications must now include an Energy Code statement on the plans and Applications:

"To the best of my knowledge, belief and professional judgment, these plans and specifications are in compliance with the Energy Conservation Construction Code of New York State, using Chapter ____.”

As of September 4, 2007, the Professional Statement and the Energy Analysis will be listed as a Required Item for New Buildings and Alteration Type 1 projects. Alteration Type 2 and Alteration Type 3 OT projects will have the same listed required items in November, 2007.

Excerpts from DOB Web site

Stairs with Handrails on Both Sides?

2007-10-10T14:07:00.000-04:00

Q: For an Exit Stair, when is it necessary to provide Handrails on both sides?

A: Stairs 44 inches wide and wider require a handrail on both sides. Stairs narrower that 44 inches only require a handrail on one side.

Stairs more than 88 inches wide need intermediate handrails dividing the stair into widths not greater than 88 inches nor less than 44 inches.

This is as per BC Section §27-375(f)

Fire Separations for Cellar Stairs

2007-10-03T16:49:00.000-04:00

Q: Do Cellar Stairs need to be fire-separated from Stairs serving upper floors of the building?

A: Yes, Cellar Stairs need to be fire-separated from stairs serving upper-floors of the building, with a minimum of 1-hour fire rated construction and a 3/4-hr fpsc door. Except that this separation is not required in J-3 Residential Buildings (One- or Two-Family Dwellings), and in G-School (Educational) Buildings. Refer to Building Code Section 27-364-Exit Discharge for the exact wording/requirements

Balcony Enclosures?

2007-10-03T14:03:00.000-04:00

Q: Is it permitted under any circumstance to enclose a Balcony? If so, are there any special considerations to such enclosures?

A: The Department permits lightweight, readily removable balcony enclosures, not considered a permanent part of the building. This is as per a DOB Memo dated 6/17/1976. Balcony enclosures shall comply with the following criteria:

1. The enclosure must be of lightweight, non-combustible construction.
2. The enclosure assembly must not include masonry or insulation.
3. The enclosure must contain operable windows to provide 10% light and 5% ventilation to both the balcony and the room opening onto the balcony.
4. The existing balcony parapet or railing must remain intact.
5. The enclosure shall be anchored and designed to resist Wind Loads and Lateral Loads.
6. Plumbing, heating, ventilation or air conditioning systems must not extend into the balcony (except for the mandatory retention of balcony drains)
7. Additional dead load consisting of flooring, subflooring or soil shall not be added to the balcony. Furniture shall be restricted to the lightweight "lawn type" variety.

When do the new NYC Construction Codes go into effect?

2007-09-30T10:40:00.000-04:00

Q: When do the new NYC Construction Codes go into effect?

A: The new NYC Construction Codes are scheduled to go into effect on July 1, 2008. A draft of the Code is available for download at the NYC Department of Buildings Website.

I have attempted to paraphrase below (from Local Law 33 of 2007) the enactment transition details. Please refer to Local Law 33 of 2007 for the exact enactment language.

Any application submitted to the DOB prior to July 1, 2008, or for which an application is submitted to the DOB within a period of 12 months after July 1, 2008, at the option of the owner, may be performed in its entirety in accordance with new NYC Construction Codes, or in accordance with the 1968 building code, provided that the construction work is commenced within 12 months after the date permit issuance and is diligently carried on to completion.

The Commissioner may, for good cause, extend the time period for commencement of the work beyond 12 months. Where the owner elects to perform the work in compliance with the 1968 building code, certain conditions shall apply. Please refer to the Local Law for the conditions.

Optional use of the 1968 Building Code for alteration of existing buildings. At the option of the owner, a permit may be issued after July 1, 2008 authorizing work on existing buildings to be performed in accordance with the 1968 building code, subject to certain conditions. Please refer to the Local Law for the conditions.

Non-Profit Institution with Sleeping Accommodations

2007-09-27T14:44:00.000-04:00

Q: What is the proper way to indicate a Non Profit Institution with Sleeping Accommodations on a Schedule-A or Certificate of Occupancy?

A: For a New Building, which is a Non-Profit Institution with Sleeping Accommodations:

Description: Non-Profit Institution with Sleeping Accommodations
Occupancy Group: J-2-Residential
Use Group: 3-Community Facility
Multiple Dwelling Classification: HAEA
List Number of Dwelling Units Per Floor? Yes

Stair Landings?

2007-09-26T16:15:00.000-04:00

Q: What is the minimum required size of a Stair Landing for an Egress/Exit Stair? Where are Stair Landings required? What is the maximum vertical rise of a Stair before Intermediate Landings are required?

A: Below are some paraphrased Code Sections answering these questions:

1. Stair Landings and Platforms shall be provided at the head and foot of each flight of stairs, except at the head of a basement stair in one- and two-family dwellings.

2. The minimum width of stair landings and platforms perpendicular to the direction of egress shall be equal to at least the width of the stair.

3. Intermediate landings need not be more than 44" wide.

4. The maximum vertical rise of a single flight of stairs shall not exceed:

8' in Occupancy Group F (Place of Assembly) and H (Hospital, Nursing Home, Mental Institution, Jail)

12' in all other Occupancy Groups.

Provide an Intermediate Landing where the vertical rise exceeds these distances.

4. The swing of stair doors shall not block stairs or stair landings.

5. The swing of a Stair Door shall not reduce the clear width of the Stair landing to be less than seventy-five percent of the required width of the landing or stair.

6. The swing of a Stair Door shall not reduce the clear width of the Stair landing to be less than the width of the door opening on them.

See BC Section 27-375(d) and 27-375(g) for the exact wording/additional details

Tent Requirements?

2007-09-24T15:57:00.000-04:00

Q: What are the Building Code requirements for Tents?

A: Tents and Air Supported Structures are covered in BC Subchapter 7 Special Uses and Occupancies, Article 19. See this Code Section for the full requirements, some of which are summarized below:

1. Tents and Air Supported Structures shall not exceed One (1) Story in height above the ground or roof they are erected on.
2. Tents shall be at least 20 feet from all Interior Lot Lines.
3. Tents shall be at least 30 feet from any unportected opening, required exterior stairway or corridor, or required exit door in an adjacent building.
4. A Tent may abut another building if there are no unprotected openings in the abutting building's wall, and if the wall of such building is a Fire Division with the required Fire Rating.
5. In addition to the minimum exterior separation distances listed above, Tents shall comply with the Yard Requirements of the applicable Zoning District.
6. The ground enclosed by the Tent and 10' around the Tent shall be cleared and maintained free of all combustible material and vegetation.
7. No Open Flame is permitted within 20' of the Tent enclosure fabric.8. Travel Distance within the tent shall not exceed 75'. Exit doors shall be located in frames so they will remain operational even if the Tent or Air Supported Structure collapses.
9. Tents shall be guyed, supported, and braced to withstand a wind pressure of 10 pounds per square foot of projected area of the tent. The poles and their supporting guys, stays, stakes, fastenings, etc shall resist wind pressure of 20 pounds per square foot of projected area of the Tent.
10. All materials used for Tents shall be treated to be flameproofed.
11. Certificates of Occupacy for Tents shall be issued for a period not exceeding one year, such certificates may be renewed if the Tent continues to comply with all requiredments.

Class A Multiple Dwelling or Class B?

2007-09-23T22:26:00.000-04:00

Q: What is the difference between a Class A Multiple Dwelling and a Class B Multiple Dwelling?

A: A Class 'A' Multiple Dwelling is for permanent residential occupancy. A Class 'B' Multiple Dwelling is for transient residential occupancy. See MDL Sec 4 (Definitions), Items 8 & 9:

"8. A "Class A" multiple dwelling is a multiple dwelling which is occupied, as a rule, for permanent residence purposes. This class shall include tenements, flat houses, maisonette apartments, apartment houses, apartment hotels, bachelor apartments, studio apartments, duplex apartments, kitchenette apartments, garden-type maisonette dwelling projects, and all other multiple dwellings except class B multiple dwellings.

9. A "Class B" multiple dwelling is a multiple dwelling which is occupied, as a rule transiently, as the more or less temporary abode of individuals or families who are lodged with or without meals. This class shall include hotels, lodging houses, rooming houses, boarding houses, boarding schools, furnished room houses, lodgings, club houses, college and school dormitories and dwellings designed as private dwellings but occupied by one or two families with five or more transient boarders, roomers or lodgers in one household."

Lot Line Windows?

2007-09-23T22:19:00.001-04:00

Q: What is a Lot Line Window? Where can I find the DOB guidelines governing Lot Line Windows?

A: Lot Line Windows are windows installed in an Interior Lot Line Wall, meaning in the walls of the building which run along & directly adacent to the side property lines. Walls along the side property line need to be fire rated in accordance with Table 3-4. Windows may, under certain conditions, be installed in Lot Line Walls, with the following restrictions:

1. Lot Line windows are of very limited area (see Table 3-4 & TPPN 10/87)
2. Lot Line Windows cannot serve as required windows for light & ventilation (amenity only).
3. Lot Line Windows must be constructed of wired, tempered, or laminated glass, and must be protected with a Sprinkler Head mounted on the inside of the occupied space.
4. Lot Line Windows must be sealed if an adjacent property owner enlarges their building vertically to block such openings.
5. A Lot Line Window Declaration is required between adjacent property owners.

Asbestos Investigation for New Building?

2007-09-23T22:00:00.000-04:00

Q: How recently constructed does a New Building need to be to avoid an Asbestos Investigation requirement?

A: Buildings filed with the DOB after April 1, 1987 do not require an Asbestos Investigation (ACP-5). In lieu of the ACP-5, an ASB-4 'Asbestos Exemption Form' must be filed. This form must be signed & sealed by the Architect or Engineer of Record.

Pool Permits?

2007-09-19T20:20:00.000-04:00

Q: Where can I find the Department of Health Permit Requirements and Applications for an Indoor or Outdoor Pool, Jacuzzi, with or without a Sauna and/or Steam Room?

A: Pool Permits are reviewed by the NYC Department of Health-Office of Public Health Engineering, 2 Lafayette Street, 11th Floor, New York, NY 10007, tel:212-676-1520, Fax 212-676-1517.

Under the NYS Sanitary Code, Chapter 1, Subpart 6-1, and Article 165 of NYC Health Code, no Municipality, School District, Person, Group of Pertons, Firm, Corporation, Association, Organization or Institution shall install or construct a Bathing Establishment in the City of New York without an appropriate permit issued by the New York City Department of Health.

Pool Waste Water must be disposed of through the New York City sewer system. Permission/Approval for subsurface connection and disposal system must be obtained from the NYC Department of Environmental Protection (DEP). Once permission is granted, a copy of Permission Letter to the Applicant will be forwarded by NYC DEP to the Bureau of Public Health Engineering.

For information on the NYC DEP Application Requirements, please contact:

Herbert Kass, P.E., Chief
New York City Department of Environmental Protection
Bureau of Water Supply and Wastewater Collection
59-17 Junction BoulevardCorona, NY 11368
Tel: 718-595-5330

If underwater lights are to be installed in the Pool, an approval letter from the New York City Department of Buildings is required. For information contact:
Edward Solomon, P.E.Chairman, Advisory Board
New York City Department of Buildings
1 Centre Street, Room 1415
New York, NY 10007 Tel: 212-669-8673

A Certificate of Occupancy from New York City Department of Buildings showing the specific usage on the corresponding floor is required (A Temporary Certificate of Occupancy is also acceptable).

The Permit Approval Process is comprised of three parts:
-Part I, Plan Review and Approval
-Part II, Construction Inspection
-Part III, Permit Review and Issuance

An approval of the permit will be granted when the pool is designed, constructed, and completed in accordance with:

-Article 165, New York City Health Code
-Other requirements which the Bureau of Public Health Engineering may determine are necessary to adequately review and approve the permit

The Permit Application Fee is $1,980 in a check made payable to the New York City Department of Health.

What is the definition of a Cabaret?

2007-09-19T20:04:00.000-04:00

Q: What is the definition of a Cabaret? What are the Code Requirements for a Cabaret?

A: Cabaret is defined by the NYC Building Code as any room, place or space in which any musical entertainment, singing, dancing or other similar amusement is permitted in connection with an eating and drinking establishment.

Cabarets are classified as F-4 Place of Assembly Occupancy Group.
The Zoning Use Group depends upon the Occupant Load and whether there is dancing or not:

Use Group 6:

Eating or Drinking Establishments with Entertainment or Musical Entertainment, but not dancing, with a capacity of 200 persons or less.

Use Group 12:

Eating or Drinking Establishments with Entertainment and a capacity of more than 200 Persons, or establishments of any capacity with Dancing

Some Code Requirements for Cabarets:

-Cabarets shall be equipped with Emergency Lighting per §27-542 (retroactive requirement)

-Cabarets shall be fully sprinklered per §27-954(s)(1).

-Cabarets shall have Fire Alarm Systems per §27-968(a)(10)(b).

-Cabaret Stages, Dressing Rooms, and Property Rooms shall be provided with Automatic Sprinkler and Fire Alarm protection per §27-954(s)(2), 27-549(a)(3), and §27-968(a)(10)(a).

Also:
Stages in Cabarets with Scenery or Scenic Elements shall comply with Stage Requirements for an F1-A Places of Assembly (Sprinkler Deluge required)

Stages in Cabarets without Scenery or Scenic Elements shall comply with those in F1-B Places of Assembly (§27-547):

-Raised platforms may be built as stages in F-1b places of assembly when they are supported on floors having the fire resistance ratings required by Table 3-4, in accordance with the following:

-The area below the platform shall be enclosed on all sides with solid construction.

-The horizontal area of stage construction shall not exceed the following:

Wood frame: maximum area - 400 square feet.
Fire retardant treated wood: maximum area - 1,200 square feet.
Noncombustible frame: maximum area - unlimited.

-The floor of the stage, when wood is used, shall be at least one inch nominal thickness, and shall be laid on a solid, noncombustible backing, or all spaces between supporting members shall be fire-stopped with noncombustible material.

I have received an ECB Violation. What is the ECB?

2007-09-18T21:42:00.000-04:00

Q: I have received an ECB Violation. What is the ECB?

A: ECB stands for 'Environmental Control Board'. ECB Violations are commonly issued by the NYC Department of Buildings and NYC Fire Department for violations of the Building Code or Building Laws.

An example of a common FDNY-issued ECB Violation might be: "Failure to provide Equipment Use Permits for Rooftop Condenser HVAC Units"

Below is a description of the Environmental Control Board from the ECB's Website:
"The Environmental Control Board (ECB) is an administrative tribunal, which means that it is a decision-making body that hears disputes like a court, but with a few important differences. ECB only hears cases in which people are charged with violating New York City's quality-of-life laws - the laws that protect the health, safety, and cleanliness of our environment and neighborhoods. Quality-of-life violations are not criminal offenses. For this reason, ECB issues only monetary penalties and/or orders to correct violations when it finds people in violation of the City's quality-of-life laws.

ECB is like a court in many ways. Like a court, ECB conducts hearings to resolve quality-of-life violations. At these hearings, parties can present evidence in order to prove or disprove alleged violations. Cases are heard by lawyers with specialized training called Administrative Law Judges (ALJs), who act as impartial decision-makers. However, ECB is less formal than a court. Legal counsel is not required, and most people choose to represent themselves. Cases are not presented in a courtroom and the ALJs do not wear robes."

Spiral Stairs?

2007-09-14T20:07:00.000-04:00

Q: Are Spiral Stairs permitted as an interconnecting stair in Vertical Duplex Apartments?

A: Per BC Section 27-375(l). Spiral stairs may be used as an interconnecting stair in a Duplex Apartment. They should have at least 30" long treads. Per the below, spiral stairs do not count towards required exits. However, if the connected floor were a mezzanine and the stair was non-combustible, you might get it accepted as a means of egress under a Recon. You need to comply with the Duplex Apt Memo as well.

BC Section:
Spiral stairs may serve as access stairs between two floors or levels in accordance with the provisions of paragraph two of subdivision (i) of this section.

Such stairs may not serve as required exits, except that unenclosed spiral stairs when built of noncombustible materials and having a tread length of at least thirty inches may serve as exits from mezzanines or balconies having an occupant load not exceeding twenty-five persons.

Local Laws

2007-09-14T20:04:00.000-04:00

Q: Where can I obtain a copy of a Local Law that DOB has referenced, but that is not available at the DOB or online at the DOB's Web Site?

A: Copies of Local Laws may be requested at the Municipal Reference Library located at 31 Chambers Street, New York, NY

MEA Number for Wheelchair Lifts?

2007-09-14T20:02:00.000-04:00

Q: Is an MEA Number required for a Wheelchair or Handicap Lift?

A: An MEA Number is not required for a Wheelchair Lift. Any wheelchair Lift specified to provide access for persons in Wheelchairs must be approved by the DOB Elevator Division. However, an MEA Number is not required. This policy applies to vertical and inclined wheelchair lifts.

Marquees and Canopies

2007-09-14T19:59:00.000-04:00

An example of a Canopy, with posts that support the end of the Canopy on the Sidewalk

An example of a Marquee, supported entirely from the Building. This is a small one.

Q: What is the difference between a Marquee and a Canopy?

A: Marquees are fully supported from the building alone. A Canopy has posts that come down onto the sidewalk as additional support. Canopies require DOT Approval. Marquees may be approved by the DOB as a Permissible Projection if they comply.

Door Ratings?

2007-09-14T19:57:00.000-04:00

Q: What is the required Fire Resistance Rating for a Door installed in a rated Wall?

A: Refer to Table 5-3 Opening Protectives for Fire Divisions and Fire Separations.Per the Table:

Wall Rating= 3 or 4 hrs = Door Rating of 3 hrs (A Label)
Wall Rating= 2 or 1 1/2 hrs = Door Rating of 1 1/2 hrs (B Label)
Wall Rating= 1 hr = Door Rating of 3/4 hr (C Label)

What is an MEA Number?

2007-09-14T19:47:00.000-04:00

Q: What is an MEA#?

A: An MEA Number is the number assigned to a piece of equipment or assembly that has been approved for use in New York City by the MEA Division.

The Materials and Equipment Acceptance (MEA) Division was created in 1969. Prior to 1969, the Board of Standards and Appeals (BSA) was the agency having jurisdiciton. The MEA division regulates "certain materials and equipment (that) require Department of Buildings acceptance. These manufactured items affect public safety, health and welfare (including structural stability and fire safety) and are usually a permanent part of a building. They include such items as boilers, air-conditioning equipment, commercial cooking equipment, fire-rated assemblies, fire alarm and suppression equipment, etc. The actual list of accepted products to date is known as the MEA Index."

If you are installing a new Boiler in your building, for instance, the Engineer's Plans must contain a Boiler Schedule including (amongst other information) the MEA Number of the Boiler. Failure to provide the MEA Number on your plans will cause diapproval of the plans until the MEA Number is provided.

Place of Assembly with Multiple Spaces

2007-09-14T18:27:00.000-04:00

Q: I have a Place of Assembly with multiple spaces that are open to one another or are separated by non-fire rated construction. How do I define the limits of my Place of Assembly, and the Total Number of Occupants?

A: When Place of Assembly Spaces are open to one another or are separated by non-fire rated construction, the spaces should be considered all one Place of Assembly. One PA Application should be filed, and the aggregate total of Occupants for all spaces will be the Maximum Number of Persons for the Place of Assembly. A Reconsideration may be required for this condition.

Home Improvement Contractor's License

2007-09-14T18:20:00.000-04:00

Q: When is a Home Improvement Contractor's License required by the NYC-Department of Buildings for a DOB Work Permit?

A: Contractors must have a Home Improvement Contractor's License when obtaining a permit for alterations to:

-1, 2, 3 or 4 family homes
-Co-op units, condo units or rented apartment units

Who will this affect?:Any construction contractor Professional Engineers or Registered Architects hiring a contractor (design/build contracts)

A Home Improvement License is not required if you are:
-A Professional Engineer or a Registered Architect who does not have a Design-Build Contract
-A Subcontractor
-A homeowner performing his or her own work
-A Contractor for a new building
-Performing work in a residence that is owned or controlled by a government agency
-Performing work in only the commercial portion of a building
-Performing work in a Multiple Dwelling and hired by the building owner or Board of Directors

Standpipes Required During Construction

2007-09-14T18:03:00.000-04:00

Q: When is it necessary to have a Standpipe System during Construction?

A: Standpipes are an imporant part of the Fire Protection systems of buildings, including those that are under construction or demolition. The Standpipe is a vertical riser which provides firemen with a means of water supply for fighting fires within the building, especially in high-rise buildings.

During construction of a New High Rise Building (buildings exceeding 75 feet in height), a Temporary Standpipe is required by the Building Code. A Licensed Fire Suppression Contractor may submit an Alteration Repair Application as an initial filing to start work on a standpipe system as required by Section 27-1014(b) of the NYC Building Code. An approved ARA-1 will serve as a Temporary Permit until the permanent Standpipe Plans are approved by the NYC-Department of Buildings.

Summary of Code Section requiring Temporary Standpipe System:
A Standpipe shall be provided when construction or alteration work reaches 75' in height or more. The standpipe shall be kept in readiness at all times for fire department use. The system shall be a dry system when freezing conditions may be encountered.

In strucures being demolished which have existing Standpipe Systems, such systems shall be maintained as Dry Standpipes. The standpipe risers shall be capped above the outlet on the floor immediately below the floor being demolished so as to maintain the standpipe system on all lower floors for fire department use.

In structures undergoing demolition which have existing sprinkler systems with siamese hose connections, such system shall be maintained as a non-automatic sprinkler system. When demolition starts, the sprinkler risers shall be capped immediately below the floor being demolished so as to maintain the sprinkler system on all lower floors for fire department use.

Work Types?

2007-09-14T17:02:00.000-04:00

Q: What is a Work Type? Where can I get a comprehensive list of the Work Types? What is required to signoff each Work Type?

A: The NYC Department of Buildings has broken-down Construction Activities into different Scopes of Work which are represented by Work Types. The Work Types are two-letter abbreviations which signify the different scopes of work.

When a DOB Application is prepared, it is necessary to check-off the Work Types you are filing for. When an Alteration Type-II or Alteration Type-III is filed, it is also necessary to specify the Construction Cost of each Work Type on the application.

Below is a list of the DOB Work Types. Note that the Work Types are pre-defined, and cannot be invented by the User. If the Work you are performing cannot be classified under one of the available Work Types, it will be necessary to use the OT (other) Work Type, and to provide a Description of the Other.

Each of the Work Types have unique Approval, Permit, and Signoff requirements associated with them. List of Work Types, as found on the PW-1 or PC-Filing Program:

BL Boiler
EQ Construction Equipment
FA Fire Alarm
FB Fuel Burning
FP Fire Suppression
FS Fuel Storage
MH Mechanical/HVAC
OT Other, General Construction, Structural, Interior Demolition
PL Plumbing
SD Standpipe
SP Sprinkler

Temporary versus Final Certificates of Occupancy

2007-09-14T16:36:00.000-04:00

Q: What items are required for the issuance of a Temporary Certificate of Occupancy (TCO), versus a Final Certificate of Occupancy (FCO)? What items are required to renew an existing Temporary Certificate of Occupancy?

A: Below is a general list of items required for Temporary and Final Certificates of Occupancy. Additional items may be required:

Initial Temporary Certificate of Occupancy:
-Construction Signoff
-Plumbing Signoff (including Sprinkler & Standpipe)
-Elevator Signoff
-Technical Report TR-1's for Certification of all Completed Inspections
-Folder Microfilm
-Carbon Monoxide Detector Affidavit
-$100 DOB Temporary Certificate of Occupancy fee
-Fire Alarm FDNY Letter of Approval, or Self-Cert of Defects, or Fire Guards with Recon.
-OK from Commissioner (Certain Boroughs)

TCO Renewals:
-Construction Signoff (less than 18 months old or Update is required)
-Plumbing Signoff
-Elevator Signoff
-Show Progress of removal of Local Law Violations (eg: LL10/81 Elevator; LL 62/91 Boiler)
-Carbon Monoxide Detector Affidavit
-$100 DOB TCO Renewal Fee
-OK from Commissioner (Certain Boroughs)

Final Certificate of Occupancy:
-Construction Signoff
-Plumbing Signoff
-Elevator Signoff
-Electrical Signoff
-Carbon Monoxide detector Affidavit
-No Open Violations
-All Required Items entered as Received
-Waiver of Open, Unrelated Applications, if applicable.

Construction Fence Work Permits

2007-09-14T16:28:00.000-04:00

Q: Why do Construction Fence Work Permits Expire on the last day of the year? (12/31)

A: Construction Fence (and other Construction Equipment, or EQ) Work Permits expire on the last day of the year, because the General Contractor's Street Obstruction Bond usually expires on the last day of the year. The Street Obstruction Bond must be active under General Contractor's Tracking Number for Construction Equipment (EQ) Work Permits. Renewal of Fence Permits requires updating the GC's Tracking Number with an updated Continuation Bond for the next calendar year.

Fire Rating Between Tenants?

2007-09-14T16:22:00.000-04:00

Q: What is the minimum required fire rating for partitions between tenants of the smae Occuancy Group (eg: between two Apartments)?

A: A minimum one-hour rated fire separation is required between Tenants of the same Occupancy Group, per Building Code Section 27-341(a)

What is a Seismic Joint?

2007-09-14T16:14:00.000-04:00

Q: What is a Seismic Joint?

A: Pursuant to Local Law 17/1995, a Building Separation (seismic joint) is required for all new construction adjoining existing construction. One inch (1") of separation is required for every fifty feet (50') of building height. This separation does not create a non-compliant side yard.

When proposed work consists of enlargement of an existing structure, compliance is required when new foundations are constructed, or when existing foundations are reinforced for the new enlargement, or when the cost of alterations exceeds 60% of the building value.

What is an IMD or Interim Multiple Dwelling?

2007-09-14T15:47:00.000-04:00

Q: What is an IMD or Interim Multiple Dwelling? What does this mean?

A: An IMD or Interim Multiple Dwelling is a non-residential building that has been occupied as a Residential Building, without a CO for Residential apartments. IMD's must be converted to legal Multiple Dwellings in accordance with the Loft Board.

From the Loft Board Website:
Loft buildings in New York City that meet the criteria set forth in the Loft Law (Multiple Dwelling Law Article 7-C) are covered by the law as "Interim Multiple Dwellings" (IMDs) and are under the Loft Board's jurisdiction.

Generally speaking, a building that meets the following criteria will be subject to the Loft Law:
1. The building possesses no residential certificate of occupancy pursuant to §301 of the Multiple Dwelling Law;
2. The building was used in the past for manufacturing, commercial or warehousing purposes;
3. There were three or more residential tenants living in separate apartments in the building in the 20-month period between April 1, 1980, and December 1, 1981 (the "statutory window period").

As of February 15, 2007 there are 395 IMD buildings in New York City. There is a list of the IMD Buildings on the Loft Board's Website. Also, the DOB Building Information System (BIS) will list the Property as "Loft Law: YES".

How to Calculate Sprinkler Fire Reserve Capacity?

2007-09-14T15:37:00.000-04:00

Q: How do I calculate the required Fire Reserve Capacity of the Sprinkler System? Is it possible to obtain an OK from the Commissioner for a reduction in the Sprinkler Fire Reserve Capacity to 20 Minutes?

A: The required Sprinkler Fire Reserve Capacity is calculated as follows:
Gallons Per Minute (G.P.M.) * (square root of (Available Pressure/Required Pressure) * (Required Minutes)

Example: 280.12 GPM * (Square Root Of (53.37 Available Pressure/31.94 Required Pressure) * 40 Minutes= 14,185 Minimum Required Gallons of Reserve.

The figures in the above are obtained from the Sprinkler Hydraulic Calculations.

For a Reduction in the Fire Reserve, refer to Table RS17-2-2.1(B), Note 1: In existing Buildings only, the Commissioner may authorize reduction of storage to 20 minutes provided there are provisions for acceptable mechanical automatic means of makeup to the storage tank. Where 20 minutes storage cannot be achieved with existing storage facilities, alternative means of supply may be considered by the Commissioner. In any event, no Fire Reserve Storage Facility shall have less than 3500 Gallons.

Home Office?

2007-09-14T15:32:00.000-04:00

Q: Is a Home Office or Home Occupation allowed within a Dwelling Unit? Is the Home Occupation Use regarded as a Commercial Use? What are the limitations?

A: Home Occupation (a Home Office) is permitted within a Dwelling Unit subject to limitations. A Home Occupation is regarded as an Accessory Use to the Residential Apartment. The Home Occupation:
1. Must be carried on within the Dwelling Unit.
2. Is Limited to One Employee not residing within the Dwelling Unit.
3. Shall Occupy not more than 25% of the Dwelling Unit, or 500 sq ft of the Dwelling Unit, whichever is less.

These Home Occupations typically are small professional offices. If frequented by the Public, Handicap Accessibility may be required.

Home Occupations may include:
Fine arts studios, Professional offices, Teaching of not more than four pupils simultaneously,or, in the case of musical instruction, of not morethan a single pupil at a time.

Home Occupations may not include:
Advertising or public relations agencies, Barber shops, Beauty parlors, Commercial stables or kennels,Depilatory, electrolysis , or similar offices, Interior decorators' offices or workshops, Ophthalmic dispensing, Pharmacy, Real Estate or Insurance Offices, Stockbroker's Offices

Also Not Permitted:
Sales of articles produced elsewhere than on the premises, exterior displays, displaying exterior signage (except a nameplate for practice of a profession), producing offensive noises, vibration, etc.

See Definition of Home Occupation in the NYC Zoning Resolution for additional information.

Is the "1% Rule" still accepted by the NYC DOB?

2006-05-22T14:26:00.000-04:00

Q: Is the "1% Rule" still accepted by the NYC DOB?

A: The "1% Rule" was used in the past by Architects to enable a minor addition to an existing building which had not been enlarged previously, even if there was no available FAR left. This was typically granted as a Reconsideration by the Borough Commissioner.

However, there is nothing within the NYC Zoning Resolution to support this "1% Rule", and it was ultimately found by the DOB to be indefensible. The DOB has since stopped granting this Reconsideration.

Can I exhaust a Mechanical Unit out the Lot Line wall of a building?

2006-05-18T14:47:00.000-04:00

Q: Can I exhaust a Mechanical Unit out the Lot Line wall of a building?

A: No. Per the below Code Section, from BC RS 13-1, "Installation of Air Conditioning and Ventilating Systems", an exhaust duct to the exterior shall terminate at or above the Roof of the building, or in an exterior wall adjoining a street, yard, or court.

However, where the Lot Line adjoins an adjacent lot that shall not be developed (eg: a Landmark Church or similar), it may be worthwhile to seek a Reconsideration, since there is little or no chance that the adjacent lot will be developed further.

Refer to excerpt from RS 13-1 below for full details:

2-3.4.3 To minimize the hazard from fires in other structures, an exhaust duct to the outdoor air shall terminate at or above the roof of the building or in an exterior wall adjoining a street, yard or court.

When terminated in an exterior wall, the exhaust duct shall be at least 10 feet above the sidewalk or ground and shall terminate at least 10 feet from any window in another building or from any window in a residential portion of the same building, or from any fire escape, exterior stair, or balcony.

No exhaust duct or outdoor air intake shall be located where conflict with the operation of an existing intake or other ventilating opening. Exhaust openings shall be provided with vanes or louvers constructed so as to direct the air away from windows, other openings, and pedestrians.

An outdoor air intake opening with gross area of more than 144 square inches shall be provided with fire dampers when such opening is located as follows:
(a) Less than 30 feet above grade.
(b) Less than 30 feet in any direction from any opening in another building.
(c) Less than 15 feet from a lot line.
(d) Less than 50 feet above and less than 50 feet in any direction from a roof of combustible material or a building in which the exterior walls are constructed wholly or partly of wood.

When required by the commissioner, approved heat actuated devices shall be installed at intake openings to shut down fans in case of an exterior fire.

Old Code Class 3-Non-Fireproof Construction

2006-05-18T14:27:00.000-04:00

Q: What is the Definition of Old Code Class 3-Non-Fireproof Structures?

A: Old Code Class 3-Non-Fireproof Structures are structures made of incombustible materials or assemblies of materials inadequate to meet the fire resistive rating requiremetns of Class1 or Class 2 Structures:

-Exterior Walls are Masonry or Reinforced Concrete,-Interior Framing is partly ot wholly of wood or unprotected iron or steel.

3-hours: Exterior Bearing Walls, Floor construction above the Cellar or Basement including Columns (except in Residence structures 3 stories+Basement or less in height, and in other structures not over 4 stories or 40' in height).

2-hours: Exterior Non-Bearing Walls, where protection is required, Shafts & Required Stairways over 4 stories/40' in height.

1-hour: Exterior Non-bearing Walls, Shafts & Required Stairways in structures not over 4 stories or 40' in height

This section does not apply to private dwellings of 40' and 4 stories or less in height.Exterior walls of private dwellings of Class 3 Non-Fireproof constructionmay be constructed of incombustible materials having a fire resistive rating of at least 1-hour, provided the building does not exceed 1 story in height and is separated at least 4' from any lot line and from any building.

Old Code Class 2-Fire Protected Structures

2006-05-18T14:26:00.000-04:00

Q: What is the Definition of Old Code Class 2-Fire Protected Structures?

A: Walls and Structural members are made of incombustible materials with the following minimum Fire Resistive Ratings:

3 Hours: Bearing Walls and Exterior Walls.

1 Hour: Structural Members which support walls or columns, Structural members in walls, Shafts (except as provided in C26-646.0), Bearing walls in Residence Structures not exceeding 35', Exterior Panel Walls, and Permanent Interior Partitions.

Old Code Class 1-Fireproof Construction

2006-05-18T14:21:00.000-04:00

Q: What is the Definition of Old Code Class 1-Fireproof Construction?

A: Walls and Structural members are made of incombustible materials with the following minimum Fire Resistive Ratings:

4 Hours:Exterior Walls, Fire Walls, Party Walls, Piers, Columns, Girders carrying columns.

3 Hours:Other Girders, Fire Partitions, Floors including their Beams and Girders, Beams, Roofs, and Floor Fillings, Required Stairway enclosures (other than in Schools and structures under 100' high).

2 Hours:Exterior Panel Walls, Exterior Bearing Walls in Private Dwellings 35' or less in ht, and Required Stairways in Schools and structures less than 100' in height.

Permanent interior partitions shall be constructed of incombustible materials. The degree of fire resistance of other construction features in Fireproof Structures and acceptable materials shall be as per Article 11.

What is the largest Entry Foyer permitted in an Apartment?

2006-05-18T12:19:00.000-04:00

Q: What types of spaces may be declared as a Foyer, with no Windows? What is the maximum size of an Entry Foyer?

A: Entrance Foyers to Dwelling Units do not require Legal Windows provided that they comply with MDL , Title 3, Light & Air, Section 31.5, excerpted below:

5. A portion of any apartment used as an entrance hall to such apartment may be designated as a foyer. Such a foyer shall not be considered a room if the department shall so permit and if either:

a. Its floor area does not exceed ten per centum of the total floor area of such apartment, or
b. Every room in such apartment exceeds in area the minimum required area of such room by more than twenty per centum and the floor area of such foyer does not exceed twenty per centum of the floor area of such apartment.

An entrance foyer is not a Code Habitable Room. Definition of Code Habitable Room is below from NYC BC Definitions:

HABITABLE ROOM:
A residential room or space, having the minimum dimensions required by §27-751 of article six of subchapter twelve of this chapter in which the ordinary functions of domestic life are carried on, and which includes bedrooms, living rooms, studies, recreation rooms, kitchens, dining rooms and other similar spaces, but does not include closets, halls, stairs, laundry rooms, or bathrooms.

Bicycle Racks

2006-04-27T22:15:00.000-04:00

Q: I am a property owner. I wish to install a Bicycle Rack on the Public Sidewalk, for the use of the public. What kind of approval is required? What is the agency & application process?

A: CityRacks is a program through NYC Department of Transportation (NYC DOT) which allows private owners to request the installation of a bicycle rack on the sidewalk. There is an online application form to be filled-in by the Owner, with full permit instructions.

It's the Law: Women need more toilets than men!

2006-04-27T22:07:00.000-04:00

Q: What are the requirements for Women's Toilet Rooms in Places of Assembly? How many additional fixtures are required for Women?

A: See Local Law 57/2005 for full details. The Plumbing Fixture Count has been amended so that the requirement for the number of Womens's Toilets serving most Places of Assembly is generally twice that of Men.

The amended count is a change to Plumbing Fixture Table RS 16-5 (Minimum number of required Plumbing Fixtures).

Unisex Toilet Rooms may be used to satisfy the total number of required Plumbing Fixtures for Women.

Greenhouse in a Rear Yard?

2006-04-27T22:03:00.000-04:00

Q: What are the requirements dictating the construction of a Greenhouse in a Rear Yard?

A: The below is a summary of a DOB Memo by Irving Minkin, dated 4/8/77 outlining the criteria for Greenhouses. I believe this is still in force:

1. Greenhouse & structure to which it is attached shall be non-commercial.
2. Greenhouse may project a maximum of 6' into the required Rear Yard, measured from the exterior face of the building wall.
3. Greenhouse may rest directly upon Grade level or be supported by columns.
4. No offensive dust or odors may be created by such use.
5. The Greenhouse together with its supports, is permanently constructed of non-combustible materials.
6. Glazing is with plain or wire glass.Slow-burning plastic is not permitted. A 'Greenhouse-Type glass constructed rood must be built as part of the enclosure.
7. The Greenhouse floor construction shall be capable of sustaining a minimum Live Load of 75 lbs.
8. The enclosed Greenhouse shall contribute to the Zoning Floor Area of the building.
9. The Greenhouse shall contain operable windows providing light and ventilation. 10% windows required for the combined area of the Greenhouse and any interior room being served by the windows.
10. The depth of the Greenhouse shall not be included in the maximum permitted depth of a room without a window.

What information is required on a Final Survey?

2006-04-27T21:41:00.000-04:00

Q: What information is required on a Final Survey?

A: A Final Survey is required by the NYC Department of Buildings as part of the Final Certificate of Occupancy process. Final Surveys are required for New Buildings and for vertical or horisontal building additions. They may be waived by the Commissioner for small structures (see Code Section below). The Final Survey must be prepared, signed & sealed by a Licensed Land Surveyor. It must be reviewed and certified by the New Building Architect or Engineer of Record.

The purpose of the Final Survey is to ensure that the building complies with bulk regulations (since this cannot be done by the DOB Inspector at the site), does not encroach onto adjacent property lines, has proper grading at the sidewalk, has proper storm drainage, has the required amount of street trees, etc.

The NYC Building Code specifies the plan requirements for Final Surveys in BC Section
§ 27-219, excerpted below:

"27-219 Applications for Certificates of Cccupancy:

All applications for Certificates of Occupancy shall be submitted on forms furnished by the department. Each application shall be accompanied by an accurate and complete lot survey made by a licensed surveyor showing the location of any new building and/or any extension to an existing building, the elevation of the first tier of beams or the first floor, the finished grades of all open spaces on the lot, the location and controlling grades of watercourses, paved swales and similar above grade methods of storm water disposal when permitted by this code, the locations of all catch basins on the property, the established curb level, and the location of all other structures and impervious surfaces, as defined in subdivision (a) of section P110.2 of reference standard RS-16, on the lot. Such lot survey shall also show the location and boundaries of the lot or plot upon which such buildings and structures are located. The commissioner may waive the requirement of such survey in the case of small sheds, stands, signs, and similar small structures. In addition, prior to the issuance of a certificate of occupancy the department shall confirm by inspection that all work relating to the installation of the part of the storm water drainage system which shall lie outside of such property, if and as required by section 24-526 of this code, has been satisfactorily completed."

My Professionally Certified Application was Audited!

2006-04-24T17:15:00.000-04:00

Q: I filed my application as Professionally Certified. The Application was Audited and Objections were issued. What is the process to resolve? Or, my Work Permits were already revoked & I need them to be reinstated.

A: If Audit Objections were issued, they will need to be addressed or the Work Permits could be revoked by DOB. If the Permits have already been revoked, but you are able to demonstrate that the Objections can be removed (eg: you have obtained a Reconsideration that addresses the Objections), the following procedure is to be followed, per DOB reg's:

1. Prepare a Post Approval Amendment (PAA) PW-1 (an original and two copies). In the comments section, state "This PAA is filed to answer the Audit Objections". If amended drawings are involved also list them in Section #16. FOR A REVOKED APPLICATION, a PAA to Reinstate the application must also be filed and the required fees paid.

2. See the DOB Audit Examiner with the PAA. The Audit Examiner will note on the PW-1 that it is OK to Lift the Hold so that the document can be entered.

3. Go to the Borough Commissioner's Office ahd have them lift the Hold on the application. This will enable the applicant or Filing Rep to enter the PAA Document. Make sure a copy of this document is put in the DOB Job Folder.

4. Bring a copy of the PAA to the Borough Manager's Office so that the PAA Document can be entered.

5. When all of the above items are completed, and the PAA Document has been entered in BIS, make an appointment with the DOB Audit Examiner so that the document that was originally audited and the PAA to answer the Audit Objections can be ACCEPTED in the Computer.

6. The Auditor will then take the DOB Folder to the Borough Commissioner;'s Office and they will send out a LETTER OF RECISSION, signifying that the Audit has been lifted.

Are Exit Signs Required in Residential Apartment Buildings?

2006-04-24T13:14:00.000-04:00

Q: Are Exit Signs required at each floor in Residential Apartment Buildings or One-or Two-Family Residences?

A: No. Per BC Section 27-383, the Code makes an exception in the Exit Sign Requirement for Apartment Buildings (J-2) and One- or Two-Family Residences. Exit Signs are not required at each floor in J-2 or J-3 Buildings. See below Code Section:
"§27-383 REQUIREMENTS. Except in occupancy groups J-2 and J-3, the location of every exit on every floor and every opening from a room classified in occupancy group J-1 and containing cubicles shall be clearly indicated by exit signs. Such signs shall be placed at an angle with the exit opening if such placement is required for the signs to serve their purpose. In long corridors, in open floor areas, and in all other situations where the location of the exit may not be readily visible or understood, directional signs shall be provided to serve as guides from all portions of the corridor or floor."

What is little E? Is it near Little Italy?

2006-04-20T21:21:00.000-04:00

Q: What is the little 'E' Designation on the Zoning Map? What is required?

A: In addition to Little Italy, NYC also has places called 'little E'. But it's not a hip new neighborhood. It is a site where industrial contaminants may exist.

"The E Designation is applied to certain properties that have been re-zoned, where the projected use may lead to increased environmental risk, as when a site zoned for manufacturing is re-zoned to residential use. Developers, owners and tenants on such sites may have to do environmental investigation before they can get their construction plans approved. In some cases, remediation (cleanup) may also be required and/or special measures built into the project to protect occupants or construction workers against environmental hazards. At the very least, this means delay. It can also result in added cost" - Joseph Horowitz, PE

Carbon Monoxide Detector Affidavits

2006-04-20T21:18:00.000-04:00

Q: I am processing Certificate of Occupancy issuance for a building, and have been asked to provide a Carbon Monoxide Detector Affidavit by DOB. When is this required by Code? What is the Law for Carbon Monoxide Detectors? Where can I find more information?

A: Carbon Monoxide Detectors are now required in certain Occupancy Groups per Local Law 7/2004. They are required in J-3 (Single- and Two-Family Residences), J-2 (Multiple Dwellings), J-1 (Hotels), G (Educational/School), and H-2 (Hospitals) Occupancies.

For Residential buildings, a CO Detector is required within 15' of the entrance to Sleeping Rooms, and also in the vicinity of Fossil-Fuel Burning Equipment (such as in a Boiler Room, Parking Garage, Laundry Room with Gas Dryers).

For G and H-2, at least one CO Detector shall be installed in the vicinity of Fossil-Fuel Burning Equipment.

An Affidavit for the installation of CO Detectors will be requested by the Construction Division at the time of TCO/CO issuance or TCO Renewal (unless already on file).

Full Local Law 7/2004

Temporary Place of Assembly Permits

2006-04-20T21:06:00.000-04:00

Q: What is the procedure to obtain a Temporary Place of Assembly Permit (TPA)? What are the submission requirements?

A: Check out TPPN 7/96, which outlines the submission requirements. TPA's should be filed at least 10 business days prior to the TPA event. TPA's are required where a space does not have a PA Permit and event is planned for the space which exceeds 75 persons. A TPA Permit is also required where an existing Place of Assembly will be occupied in a special way (eg: more Occupants that that which is approved) for a one day event.

The DOB fee for submission (as of 1/2005) is $250, plus a $100 late fee for each day less than 10 days prior to the event.

What are "Air Rights"? How does it work?

2006-04-20T21:02:00.000-04:00

Q: What are Air Rights? How do I know if Air Rights are available? What does that mean?

A: "Air Rights" is the term used when a Building Owner sells/transfers his unbuilt Zoning Floor Area to another Building Owner or Developer. This may happen, for instance, where a Landmarked structure, such as a Church, is located in a high-density Residential or Commercial District. The Church could be located in a Zoning District with an FAR of 10, but might only be using a fraction of this. They could sell their unbuilt Zoning Floor Area to an adjacent Owner/Developer. This would constitute an "Air Rights Transfer" or "Zoning Floor Area Transfer". The Church benefits because they receive compensation for the sale of Potential or Unrealized Real Estate. The Developer benefits because they can then incorporate this additional Zoning Floor Area into their building.

Most Commonly, the Development Lot and the Underbuilt Lot are adjacent to one another. The Tax Lots are declared to be a single Zoning Lot. This would be formalized as an agreement, and filed with the County Clerk's Office, similar to a Deed. Thus, an Air Rights Transfer or Zon ing Lot Agreement of this type should be retrievable by a Title Search or an in -house ACRIS search of Department of Finance records.

In addition, when properly done, a statement will be found on the Certificate of Occupancy stating "This Zoning Lot is comprised of Tax Lots (1), (2), and (3)", signifying that multiple Tax Lots are being treated jointly as one Zoning Lot for a Zoning benefit.

Do Flags and Banners Require Work Permits?

2006-04-20T21:00:00.000-04:00

Q: Is DOB Approval required to hang a banner or a flag on an existing or new flagpole? How are flags and banners treated?

A: A flag or banner is a Sign, and requires a DOB Sign application and compliance with the non-illuminated sign provisions of Zoning. If both sides of the flag are identical, then the area does not need to be counted twice. If a new Flagpole is proposed, this shall be filed under a separate application from the Sign, with structural connection details. Flagpoles may project across the front property line up to 2' within the curb, and shall be a minimum of 15' above the street level. Flags on Community Facility buldings which represent such facility are permitted without area limitation.

Demolition or Alteration Permit?

2006-04-20T20:57:00.000-04:00

Q: I want to demolish a portion of my building. Do I need a Demolition Permit? Do I need to file with the BEST Squad?

A:It is necessary to file for a Demolition Permit when the scope of building demolition is 50% of the building or more. Demolition less than 50% may be filed under an Alteration Application (Alt-II, Directive-2).

General Contractor's DOB Tracking Number

2006-04-20T20:52:00.000-04:00

Q: What are the minimum Insurance Certificate requirements to establish a General Contractor's Tracking Number? What is the format accepted by the Department of Buildings? Where is the information submitted?

A: Insurance Certificates must be submitted for Worker's Compensation and Disability Insurance to obtain a General Contractor Tracking Number. They may be submitted in any DOB Borough Office. Certificates must be originals. DOB must be listed as Certificate Holder. New Building and Construction Fence Work Permits require Street Obstruction Bond and Liability Insurance Certificates in addition to the above.

If the individual is a sole practitioner and claims he/she does not require Worker's Compensation or Disability Insurance because they have no employees, then a WC/DB100 Form (Affidavit for NY Business that does not require Worker's Compensation and/or Disability) must be submitted in lieu of the required insurances. The form must be sealed by the Worker's Compensation Board. If the GC is out-of-state, then a DB101 Form is required.

Wheelchair Accessible Viewing Positions

2006-04-17T23:06:00.000-04:00

Q: How do I calculate the Minimum Number of Wheelchair Accessble Viewing Positions required for a Place of Assembly or Temporary Place of Assembly? What is the minimum dimension

A: Refer to Building Code Section §27-531(a)(1)(h): Performance viewing positions shall be provided for persons who use wheelchairs in accordance with the following schedule:
Capacity of Assembly Space Number of Viewing Positions
75 to 100=4 min
101 to 150= 5 min
151 to 200=6 min
201 to 300=7 min
301 to 400=8 min
401 to 500=9 min
501 to 1000=2 percent of total
Over 1000=20 plus 1 for each 100 over 1000

Minimum Dimensions of Viewing Position = 30" wide x 48" deep

These positions shall be located so as not to interfere with egress from any row of seats and shall be reachable by means of ramps and/or elevators. Steps shall not be allowed in line of travel from the main approach entry to the designated locations. Size and placement of wheelchair locations, surfaces, access to performing area and listening systems where required, shall comply with the provisions of reference standard RS-4-6. These positions may be utilized by persons who do not use wheelchairs provided that the positions are delineated on the approved seating plans, the seating is readily removable and the positions are unsold one full working day before the performance.

Regular Review versus Professional Certification

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Q: What is the diffrerence between Regular Review and Professional Certification? What is Professional Certification of Objections?

A: Regular Review is when the DOB Plan Examiner reviews the plans, and issues approval or Objections which must be resolved by the Archtect or Engineer prior to approval.
Professional Certification is when the Architect or Engineer assumes the role of DOB Plan Examiner by Certifying that their plans & applications comply with the Building Code and Zoning Resolution. The Architect is liable for the accuracy of this statement.
The DOB audits about 20% of the Professionally Certified applications (randomly), and reviews them after issuance of the Work Permit to verify compliance. If a non-compliance is issued, a Letter of Revocation is issued, and the project may be placed on hold until the Audit is resolved. Lack of resolution may result in the permit being revoked.

Refer to DOB OPPN 7/1995. Some details have changed since the issuance of this initial document. Refer to DOB OPPN 1/04 for the updates.

No CO on file

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Q: I am filing for Alterations to an exisitng building which requires an Amendment to the Certificate of Occupancy. However, the existing building has no Certificate of Occupancy (CO) on file. What is required?

A: For Buildings three stories or less, a new Certificate of Occupancy is required. For Buildings over 3 stories, refer to DOB Memorandum dated July 13, 1981; Item 19: Temporary or Final Certificates of Occupancy for Buildings (exceeding 3 stories) without a Prior Certificate of Occupancy. The following are required:A. The changed use shall not exceed 20% of the total floor area of the building.B. All of the requirements set forth in the DOB memorandum are to be complied with.C. If over six (6) stories in height, there is an operating Standpipe System.D. If either Fireproof or, if not, there is an operating Sprinkler System throughout the entire building.E. Two (2) independent means of egress are available on each floor to all of the tenants, conforming with applicable law.

What type of Mechanical Equipment requires an Equipment Use Permit (EUP)?

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Q: What type of Mechanical Equipment requires an Equipment Use Permit (EUP)?

A: Roof Mounted Mech Equipment that has a compressor 1 Hp & above. Ceiling Mounted Mechanical Equipment that has a compressor 1 Hp & above, where such ceiling is directly beneath any roof. Generally, Condensers require EUP's. Fans, Pumps, Air Handlers do not.

Combining Apartments

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Q: Does a Certificate of Occupancy need to be amended when I combine Apartments?

A: No. Combination of Apartments can be filed as an Alt-II, provided that they result in a lower overall number of Dwelling Units. If the units are condominiums, an application must be filed with the Department of Finance to reflect the condo tax lot merger. One of the two kitchens in the apartment must be removed.

What is a Mechanical Deduction?

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Q: What is a Mechanical Deduction?

A: A Mechanical Deduction is a floor area deduction where the area used for Mechanical Equipment is subtracted from the Total Zoning Floor Area of a proposed building. When planning a building, Mechanical Deductions should be taken to ensure that the maximum Zoning Floor Area for a site is achieved. Mechanical Deductions should not exceed 2% of the area of the building. Mechanical Deductions may include Plumbing Shafts, Mechanical Equipment Rooms, and similar areas. Key Plans illustrating the location, dimension, and area of each Mechanical Deduction must be provided and tabulated to satisfy DOB requirements.

What is the difference between an Alteration Type-I Application and an Alteration Type-II Application?

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Q: What is the difference between an Alteration Type-I Application and an Alteration Type-II Application?

A: An Alteration Type-I Application is required when there is a change to the Certificate of Occupancy of a building, due to an interior conversion of the building or a space within a building, or due to a building addition. Most commonly, an Alteration Type-I Application will be used to change the Maximum Number of Persons for a space, to change the Occupancy or Use Group of a space, and/or to change the Description of a space.

An Alteration Type-II Application may be used when there is no change to the Certificate of Occupancy due to the proposed alterations, such as with an interior fitout or an apartment alteration. When an Alteration Type-II is filed under Directive-14 (such is the case 99% of the time), the Applicant or other NYS Registered PE/RA may signoff the application with a Directive-14 Final Inspection. An Alteration Type-II, Directive-14 Application must include the statement "No Change to Use, Egress, or Occupancy under this Application" on the Title Sheet.