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What is NYC BC § 402.1.2?

Quick Answer

This section establishes requirements for open space surrounding covered mall buildings, anchor buildings, and parking garages, mandating a minimum of 60 feet of permanent open space on all sides. It allows for a reduction to 40 feet under specific conditions, including fire-resistance ratings. Applies to owners of covered and open mall buildings and their associated structures.

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

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402.1.2 Open space.

BC § 402.1.2

A covered mall building and attached anchor buildings and parking garages shall be surrounded on all sides by a permanent open space of not less than 60 feet (18 288 mm). An open mall building and anchor buildings and parking garages adjoining the perimeter line shall be surrounded on all sides by a permanent open space of not less than 60 feet (18 288 mm). Exception: The permanent open space of 60 feet (18 288 mm) shall be permitted to be reduced to not less than 40 feet (12 192 mm), provided the following requirements are met: 1. The reduced open space shall not be allowed for more than 75 percent of the perimeter of the covered mall building and anchor buildings or of the perimeter line of the open mall building and anchor buildings; 2. The exterior wall facing the reduced open space shall have a fire-resistance rating of not less than three hours; 3. Openings in the exterior wall facing the reduced open space shall have opening protectives with a fire protection rating of not less than three hours; and 4. Group E, H, I or R occupancies are not located within the covered or open mall building or anchor buildings.

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