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

What is NYC BC § 308.5.5?

Quick Answer

This section outlines the requirements for occupancy conditions in buildings where free movement is restricted from occupied spaces. It mandates that staff-controlled manual release mechanisms be available to allow movement from sleeping units and activity spaces to other smoke compartments. Applies to building owners managing occupancy conditions in smoke compartments.

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 →

308.5.5 Condition 5.

BC § 308.5.5

This occupancy condition shall include buildings in which free movement is restricted from an occupied space. Staff-controlled manual release is provided to permit movement from sleeping units, activity spaces and other occupied areas within the smoke compartment to other smoke compartments.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 308.5.5?

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