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

What is NYC BC § 505.2.3?

Quick Answer

This section outlines the requirements for the openness of mezzanines within buildings, specifying that they must be open and unobstructed except for certain exceptions. These exceptions include criteria based on occupant load, means of egress, and specific conditions for industrial facilities. Applies to building owners with mezzanines in their properties.

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 →

505.2.3 Openness.

BC § 505.2.3

A mezzanine shall be open and unobstructed to the room in which such mezzanine is located except for walls or railings not more than 42 inches (1067 mm) in height, columns and posts. Exceptions: 1. Mezzanines or portions thereof are not required to be open to the room in which the mezzanines are located, provided that the occupant load of the aggregate area of the enclosed space is not greater than 10.

2.A mezzanine having two or more means of egress is not required to be open to the room in which the mezzanine is located, if at least one of the means of egress provides direct access to an exit located on the mezzanine level.

3.Mezzanines or portions thereof are not required to be open to the room in which the mezzanines are located, provided that the aggregate floor area of the enclosed space is not greater than 10 percent of the mezzanine area.

4.In industrial facilities, mezzanines used for control equipment are permitted to be glazed on all sides.

5.A mezzanine having two or more means of egress shall not be required to be open to the room in which the mezzanine is located in occupancies, other than Groups H and I, that comply with Items 5.1 through 5.4. 5.1. Such occupancy is no more than two stories above grade plane, 5.2. Such occupancy is equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1, 5.3. An approved fire alarm system is installed throughout the entire building or structure in which such occupancy is located, and 5.4. Notification appliances are installed throughout the mezzanine in accordance with NFPA 72. (Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 505.2.3?

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