Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC BC § 1406.2.1?

Quick Answer

This section outlines the regulations for the use of combustible materials in exterior wall coverings for buildings of Type I, II, III, and IV construction. It specifies limitations on surface area, height, and conditions under which such materials may be used. Applies to building owners involved in construction projects with specific wall material requirements.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

1406.2.1 Type I, II, III and IV construction.

BC § 1406.2.1

In buildings of Type I, II, III and IV construction, exterior wall coverings shall be permitted to be constructed of combustible materials in accordance with Section 1406.2.1.1, subject to the following limitations: 1. Combustible exterior wall coverings shall not exceed 10 percent of an exterior wall surface area on any given story. Such combustible exterior wall covering shall not be permitted on exterior walls where the fire separation distance is 5 feet (1524 mm) or less.

2.Combustible exterior wall coverings shall be limited to 40 feet (12 192 mm) in height above grade plane.

3.Combustible exterior wall coverings constructed of fire-retardant-treated wood complying with Section 2303.2 for exterior installation shall not be limited in wall surface area where the fire separation distance is 5 feet (1524 mm) or less and shall be permitted up to 60 feet (18 288 mm) in height above grade plane, regardless of the fire separation distance.

4.Wood veneers shall comply with Section 1405.5.

5.Combustible exterior wall coverings shall not be permitted on buildings of Type IV construction utilizing CLT or SCL complying with Section 602.4.

6.Combustible exterior wall coverings shall not be permitted at exterior balconies in accordance with Section 1406.3.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 1406.2.1?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters