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Q: We’ve two rooftop lounges on prime of our Hell’s Kitchen condominium constructing, the place I serve on the board. Residents use them and typically hire them for personal occasions. There are most capacities for the lounges listed within the constructing’s providing plans, however they appear too low — the areas have double doorways and double exits for straightforward evacuation in case of emergency. We had been by no means informed to publish capability limits for the residents, as public locations are. How will we learn how many individuals can legally be in these lounges on the identical time?
A: For a rooftop lounge or patio to be authorized, it should be listed on the constructing’s certificates of occupancy, together with the aim of the area, the utmost variety of folks allowed and cargo limits. You’ll find your constructing’s certificates of occupancy on the Division of Buildings’ web site beneath Constructing Info System, or on DOB NOW for certificates issued as of February 2021.
(In case your constructing was constructed earlier than 1938, the 12 months New York Metropolis started requiring the certificates, you may test with the Division of Buildings to see whether it is authorized by a Letter of No Objection.)
The town determines most occupancy utilizing plenty of components. These embody dividing the sq. footage by the occupant load issue listed in chapter 10 of the town’s constructing code. The method usually yields a smaller capability for a rooftop area in comparison with an analogous indoor area, for security causes. One other issue is the width of the steps, for speedier exits throughout emergencies.
Having a rooftop capability that exceeds 74 folks probably triggers a requirement for a spot of meeting certificates, which includes further fireplace security necessities and doubtlessly higher insurance coverage prices, stated David Maggiotto, deputy press secretary for the Division of Buildings.
It’s doable that the listed limits in your providing plans are certainly decrease than what metropolis code permits. Maybe the board, years in the past, wished to maintain exercise and noise on the roof to a minimal, or keep away from the prices related to the town’s place of meeting necessities.
“The board has a proper to be restrictive,” stated Bruce Cholst, a companion who practices actual property regulation with Herrick in Manhattan.
In case your rooftop lounge is just not permitted, you’ll be able to rent an architect or engineer to attract plans for the area, and have these authorized by the town. After building, your constructing may be issued a brand new certificates of occupancy that features the rooftop lounge.
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