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

What is NYC BC § 408.6?

Quick Answer

This section mandates that Group I-3 occupancies must have smoke barriers that comply with specified sections to create smoke compartments for safety. The statute outlines exceptions for certain direct exits under specific conditions. Applies to building owners of Group I-3 facilities housing residents.

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 →

408.6 Smoke barrier.

BC § 408.6

Occupancies in Group I-3 shall have smoke barriers complying with Sections 408.8 and 709 to divide every story occupied by residents for sleeping, or any other story having an occupant load of 50 or more persons, into no fewer than two smoke compartments. Exception: Spaces having a direct exit to one of the following, provided that the locking arrangement of the doors involved complies with the requirements for doors at the smoke barrier for the use condition involved: 1. A public way.

2.A building separated from the resident housing area by a 2-hour fire-resistance-rated assembly or 50 feet (15 240 mm) of open space.

3.A secured yard or court having a holding space 50 feet (15 240 mm) from the housing area that provides 6 square feet (0.56 m 2 ) or more of refuge area per occupant, including residents, staff and visitors.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 408.6?

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