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What is NYC BC § 504.3?

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This section establishes the maximum height and number of stories for buildings, specifying limits in Tables 504.3 and 504.4. Exceptions are provided for certain rooftop structures and architectural elements. The statute is enforced by the Department of Buildings (DOB). Applies to building owners and property operators regarding construction compliance.

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

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504.3 Height in feet and number of stories.

BC § 504.3

The maximum height, in feet, of a building shall not exceed the limits specified in Table 504.3. The maximum number of stories of a building shall not exceed the limits specified in Table 504.4. Exceptions: 1. Rooftop structures including but not limited to roof tanks and their supports, ventilating, air conditioning, combined heat and power systems and similar building service equipment, bulkheads, penthouses, greenhouses, chimneys, and parapet walls 4 feet (1219 mm) or less in height shall not be included in the building height of the building or considered an additional story unless the aggregate area of all such structures, exclusive of any solar thermal and solar (photovoltaic) collectors and/or panels and their supporting equipment, exceeds 33 1/3 percent of the area of the roof of the building upon which they are erected. Rooftop structures shall be constructed in accordance with Section 1510.

2.Solar thermal and solar electric (photovoltaic) collectors and/or panels and their supporting equipment that exceed 33 1/3 percent of the area of the roof of the building upon which they are erected shall not be included in the height of a building or considered an additional story.

3.Noncombustible steeples, minarets, spires, domes, cupolas and other similar architectural elements, not used for occupancy or storage, shall not be included in the building height of the building or considered an extra story, and may be unlimited in height. Table 504.3 aAllowable Building Height in Feet above Grade Plane Occupancy ClassificationSee FootnotesType of ConstructionType IType IIType IIIType IV jType VAB iABABHTABOccupancy ClassificationSee FootnotesType of ConstructionType IType IIType IIIType IV jType VAB iABABHTABA-1NS b, cUL16065556555655040SUL42085758575857060A-2NS b, cUL16065556555655040SUL42085758575857060A-3NS b, cUL16065556555655040SUL42085758575857060A-4NS b, cUL16065556555655040SUL42085758575857060A-5NS b, cUL16065556555655040SUL42085758575857060BNS b, cUL16065556555655040SUL42085758575857060ENS b, cUL16065556555655040SUL42085758575857060F-1NS b, cUL16065556555655040SUL18085758575857060F-2NS b, cUL16065556555655040SUL42085758575857060H-1SUL160655565556550NPH-2 fSUL16065556555655040H-3 fSUL16065556555655040H-4SUL18085758575857060H-5SUL16065556555655040I-1S13D606060NP605560NPNPS13RSUL42085857585NPNPI-2SUL180855565556550NPI-3SUL180857585758570NPI-4NS b, cUL16065556555655040SUL42085758575857060MNS b, cUL16065556555655040SUL42085758575857060R-1S13R606060NP60NP60NPNPSUL420858585R-2S13R606060NP606060NPNPSUL42085857585R-3NS b, cUL160655565556550 g, h40 gS13D60606060605560S13R6060 g, h60 gSUL420857585758570 g, hS-1NS b, cUL16065556555655040SUL18085758575857060S-2 d, eNS b, cUL16065556555655040SUL42085758575857060U eNS b, cUL16065556555655040SUL18085758575857060 = Not permitted in Fire District = Not permitted in Fire District without sprinklers For SI: 1 foot = 304.8 mm. Note: UL = Unlimited; NP = Not permitted; NS = Buildings not equipped throughout with an automatic sprinkler system; S = Buildings equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1; S13R = Buildings equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.2; S13D = Buildings equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.3. a. See the following sections for general exceptions to Table 504.3: 1. See Chapters 4 and 5 for specific exceptions to the allowable height in this chapter.

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