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What is NYC BC § 509.1?

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This section outlines the requirements for incidental uses in single or mixed occupancy buildings, specifying compliance with safety provisions based on the type of use and associated risks. Exceptions are noted for incidental uses serving a dwelling unit. Applies to building owners managing various occupancy types with ancillary functions.

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

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509.1 General.

BC § 509.1

Incidental uses listed in Table 509 and located within single occupancy or mixed occupancy buildings shall comply with the provisions of this section. Incidental uses are ancillary functions associated with a given occupancy that generally pose a greater level of risk to that occupancy and are limited to those uses listed in Table 509. Exception: Incidental uses within and serving a dwelling unit are not required to comply with this section. Table 509 cIncidental Uses Room or Area Separation and/or Protection Room or Area Separation and/or Protection Furnace room where any piece of equipment is over 350,000 Btu per hour input2 hour; or 1 hour and provide automatic sprinkler system aFurnace room where any piece of equipment is 350,000 Btu per hour input or less, except in R-3 occupancy1 hour or provide automatic sprinkler system aRooms with a high pressure steam or water boiler that exceeds 350,000 Btu per hour input2 hour; or 1 hour and provide automatic fire-extinguishing system aRooms with a high pressure steam or water boiler that is 350,000 Btu per hour input or less1 hour or provide automatic sprinkler system aRooms that contain a low pressure steam or water boiler regardless of Btu per hour input1 hour or provide automatic sprinkler system a, bRefrigerant machinery room1 hour or provide automatic sprinkler systemHydrogen fuel gas rooms, not classified as Group H2 hours in all occupanciesIncinerator rooms2 hours and automatic sprinkler systemPaint shops, not classified as Group H, located in occupancies other than Group F 2 hours; or 1 hour and provide automatic sprinkler systemIn Group E occupancies, laboratories and vocational shops not classified as Group H1 hour or provide automatic sprinkler systemIn Group I-2 occupancies, laboratories not classified as Group H1 hour and provide automatic sprinkler systemIn ambulatory care facilities, laboratories not classified as Group H1 hour or provide automatic sprinkler systemLaundry rooms over 100 square feet1 hour or provide automatic sprinkler systemIn Group I-2, laundry rooms over 100 square feet1 hourGroup I-3 cells and Group I-2 patient rooms equipped with padded surfaces1 hourIn Group I-2, physical plant maintenance shops1 hourIn ambulatory care facilities or Group I-2 occupancies, waste and linen collection rooms with containers that have an aggregate volume of 10 cubic feet or greater1 hourIn other than ambulatory care facilities and Group I-2 occupancies, waste and linen collection rooms over 100 square feet1 hour or provide automatic sprinkler systemIn ambulatory care facilities or Group I-2 occupancies, storage rooms greater than 100 square feet1 hourStationary storage battery systems having an energy capacity greater than the threshold quantity specified in Table 608.9.1.1 of the New York City Fire Code1 hour in group B, F, M, S and U occupancies; 2 hours in Group A, E, I and R occupanciesRooms containing fire pumps in non-high-rise buildings2 hours; or 1 hour and provide automatic sprinkler system throughout the buildingRooms containing fire pumps in high-rise buildings2 hours For SI: 1 square foot = 0.0929 m 2 , 1 pound per square inch (psi) = 6.9 kPa, 1 British thermal unit (Btu) per hour = 0.293 watts, 1 horsepower = 746 watts, 1 gallon = 3.785 L, 1 cubic foot = 0.0283 m 3 . a. Boilers servicing more than one dwelling unit in Multiple dwellings shall also comply with Section 65 of the New York State Multiple Dwelling Law. b. Sealed combustion direct vent boilers shall comply with Section 303 of the New York City Mechanical Code and Section 303 of the New York City Fuel Gas Code, as applicable. c. For mechanical and/or electrical equipment rooms not identified in this table, see Section 508.1. (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.

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