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This item will automatically apply to NB and Alt 1 applications. Upon issuance of a CO, the department is certifying that the building substantially complies with the Building Code and other laws, rules, and regulations, including that no open applications are outstanding.

• Ensure that all open applications have been signed off. • Note: A pilot project in Manhattan allows final CO where open applications exist subject to certain criteria and limitations.

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Well versed owners representative and construction project managers should be well aware of Code changes as well as similarities and differences of each. The 2008 and 2014 Building code when it comes to use and occupancy are generally the same except for some changes as will be noted in this article.  

Assembly spaces   Assembly spaces with an occupant load of <75 will still be classified as group B however plumbing calculations now permit them to follow group A requirements. For example, restaurant, art galleries and places of worship classified as group B where lavatory count needed to be 1 per 25 occupants, 2 per 50 occupants can now follow group A requirements which is 1 per 200.  

Ambulatory Health Care Facility   now listed under Grp B and requirements for such is detailed under BC 4  

BC 4 Special Requirements                  BC 403: High Rise Buildings   - New requirements are based on NIST 2005 World Trade Center Report. The recommendations for safety in tall buildings were incorporated in the 2009 IBC and is now within the 2014 NYC Building Code.   - High rise buildings >75 ft. high requires increased fire resistance rating for structural members, added bond strength requirement for sprayed fire-resistant materials, and redundant fire sprinkler risers for buildings >300 ft. high  

BC 403.5.1: Remoteness of Exit Stairway Enclosures   - Exit stairway enclosures (in other than Grp R-2) must be farther apart. A quarter of the maximum diagonal dimension of the area served.  

"Super High Rise" are buildings > 420 feet high   - stronger construction class for structure   - Requires additional egress capacity (in other than Grp R-2). 3 options as follows:   * Additional exit stairway   * Partial Occupant Evacuation Elevator (OEEs), wider exit stairway   * All public passenger elevators serving as OEEs  

BC 403.6.1 Fire Service Access Elevator   - Buildings with occupied floors >120 ft. high must provide at least 1 Fire Service Access Elevator - New requirement for buildings of this height.  

BC 406.1 Private Garages   - Minimum 1 hour fire-rating for free-standing garage walls less than 5 ft. from an adjacent exterior wall  

BC 406.3 Open Garages/Parking   - NYC now matches the flexibility of IBC for open parking garages in terms of height and area re-allocation allowance in conjunction with a high % openness   - 3 sides open - increase of upto 25% and 1 tier. 4 sides open, increase upto 50% and 1 tier, subject to other restrictions and approval.   - Fuel dispensing is now disallowed in open parking garages, although the existing ones can be kept.  

BC 408 Correctional Facilities   - expanded requirements and allowances for design of correctional facilities.  

BC423 Storm Shelters   - new definition and requirements for storm shelters, both for stand-alone and those that are contained within other buildings   - Follows the ICC/NSSA standards for design and construction.  

Yes indeed, having a rooftop terrace can be a great addition to any building and it can offer a beautiful venue for special occasions, but you do have to take into consideration the DOB’s rules prevailing over these structures

Rules?

You might need to file for a PACO or a Place of Assembly Certificate of Occupancy depending on how you plan to use the rooftop terrace. If the terrace occupants reach the threshold load of 75 or more occupants, then you might need an alteration type 1 permit which is required to reflect the change of use in the CO.  Although, incidental occupancies with people not reaching 75 people will not need such a permit. 

Nevertheless, using a small roof setback area as a terrace may need a determination from the DOB in order to permit limited occupancy without adjusting the CO. Incidental terrace occupancies would also activate the need for accessibility compliance per LL58/87, egress requirements (two are required for a load of 50 people), minimum parapet heights, wind restrictions on finishes as well as furnishings, fire alarms, exit signs, and the lot.

A Good Tip

You can also place planters and guardians so that you can limit access to some sections of the roof, and this can decrease the occupant load but if the total square area still exceeds 888 sq. meters even after subtracting the planter areas, then the terrace will more likely still require a PACO.  

Temporary Place of Assembly 

You can actually make use of a TPA or Temporary Place of Assembly as an alternative to the design requirements required for PA spaces. The DOB actually allows tenants to file for such whenever a group of 75 people or more will converge on the terrace. Such applications should be filed at least 10 days before the event and the DOB usually grants a limited number of these per year, the number usually don’t exceed 12. 

Consider though that terraces are zoning floor areas and are subject to floor area ration restrictions “if more than 50 percent of the perimeter of such terrace… is enclosed, and provided that a parapet not higher than 3 feet, 8 inches, or a railing not less than 50 percent open and not higher than 4 feet, 6 inches, shall not constitute an enclosure.” Aside from that, there may also be limits set base on zoning resolutions bulk regulations and permitted obstructions and wind resistance.