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

What is NYC BC § 1604.5.1?

Quick Answer

This section outlines the classification requirements for buildings with multiple occupancies that fall into different risk categories. It mandates that the highest risk category be assigned to the building or its portions, especially when they share life safety components. Applies to building owners with mixed-occupancy structures.

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 →

1604.5.1 Multiple occupancies.

BC § 1604.5.1

Where a building or structure is occupied by two or more occupancies not included in the same risk category, it shall be assigned the classification of the highest risk category corresponding to the various occupancies. Where buildings or structures have two or more portions that are structurally separated, each portion shall be separately classified. Where a separated portion of a building or structure provides required access to, required egress from or shares life safety components with another portion having a higher risk category, both portions shall be assigned to the higher risk category. Exception: Where a storm shelter designed and constructed in accordance with ICC 500 is provided in a building, structure or portion thereof normally occupied for other purposes, the risk category for the normal occupancy of the building shall apply unless the storm shelter is a designated emergency shelter in accordance with Table 1604.5 of this code.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 1604.5.1?

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