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

What is NYC BC § 402.4.3?

Quick Answer

This section outlines the requirements for open mall construction, specifying that floor and roof assemblies must have openings to the atmosphere measuring at least 20 feet. The statute mandates that these openings extend from the lowest level through the entire roof assembly. Applies to building owners of open mall buildings.

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 →

402.4.3 Open mall construction.

BC § 402.4.3

Floor assemblies in, and roof assemblies over, the open mall of an open mall building shall be open to the atmosphere for not less than 20 feet (9096 mm), measured perpendicular from the face of the tenant spaces on the lowest level, from edge of balcony to edge of balcony on upper floors and from edge of roof line to edge of roof line. The openings within, or the unroofed area of, an open mall shall extend from the lowest/grade level of the open mall through the entire roof assembly. Balconies on upper levels of the mall shall not project into the required width of the opening.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 402.4.3?

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