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What is NYC BC § 406.5.5?

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This section outlines the allowable area and height increases for open parking garages based on their design. Garages with three-fourths open sides can increase by 25% in area and one tier in height, while those fully open can increase by 50% in area and one tier. Applies to building owners of open parking garages.

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

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406.5.5 Area and height increases.

BC § 406.5.5

The allowable area and height of open parking garages shall be increased in accordance with the provisions of this section. Garages with sides open on three-fourths of the building's perimeter are permitted to be increased by 25 percent in area and one tier in height. Garages with sides open around the entire building's perimeter are permitted to be increased by 50 percent in area and one tier in height. For a side to be considered open under the above provisions, the total area of openings along the side shall not be less than 50 percent of the interior area of the side at each tier and such openings shall be equally distributed along the length of the tier. For purposes of calculating the interior area of the side, the height shall not exceed 7 feet (2134 mm). Allowable tier areas in Table 406.5.4 shall be increased for open parking garages constructed to heights less than the table maximum. The gross tier area of the garage shall not exceed that permitted for the higher structure. No fewer than three sides of each such larger tier shall have continuous horizontal openings not less than 30 inches (762 mm) in clear height extending for not less than 80 percent of the length of the sides and no part of such larger tier shall be more than 200 feet (60 960 mm) horizontally from such an opening. In addition, each such opening shall face a street or yard accessible to a street with a width of not less than 30 feet (9144 mm) for the full length of the opening, and standpipes shall be provided in each such tier. Open parking garages of Type II construction, with all sides open, shall be unlimited in allowable area where the building height does not exceed 75 feet (22 860 mm). For a side to be considered open, the total area of openings along the side shall be not less than 50 percent of the interior area of the side at each tier and such openings shall be equally distributed along the length of the tier. All portions of tiers shall be within 200 feet (60 960 mm) horizontally from such openings or other natural ventilation openings as defined in Section 406.3.3.1. These openings shall be permitted to be provided in courts with a minimum dimension of 20 feet (6096 mm) for the full width of the openings.

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