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What is NYC BC § 510.2?

Quick Answer

This section outlines the conditions under which buildings can be considered separate for various regulatory purposes, including fire safety and construction type. It specifies requirements for fire-resistance ratings and occupancy types for buildings above and below a horizontal floor assembly. Applies to building owners managing structures with horizontal separations.

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

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510.2 Horizontal building separation allowance.

BC § 510.2

Buildings shall be considered as separate and distinct from each other for the purpose of determining area limitations, continuity of fire walls, limitation of number of stories and type of construction, where all of the following conditions are met: 1. The buildings are separated with a horizontal floor assembly having a fire-resistance rating of not less than 3 hours.

2.The building below the horizontal assembly is of Type IA construction.

3.Shaft, stairway, ramp or escalator enclosures through the horizontal floor assembly shall have not less than a 2-hour fire-resistance rating with opening protectives in accordance with Section 716.5. Exception: Where the enclosure walls below the horizontal floor assembly have not less than a 3-hour fire-resistance rating with opening protectives in accordance with Section 716.5, the enclosure walls extending above the horizontal floor assembly shall be permitted to have a 1-hour fire-resistance rating, provided: 1. The building above the horizontal floor assembly is not required to be of Type I construction; 2. The enclosure connects fewer than four stories; and 3. The enclosure opening protectives above the horizontal floor assembly have a fire protection rating of not less than 1 hour.

4.The building or buildings above the horizontal assembly shall be permitted to have multiple Group A occupancy uses, each with an occupant load of less than 300, or Group B, M, R or S occupancies.

5.The building below the horizontal assembly shall be protected throughout by an approved automatic sprinkler system in accordance with Section 903.3.1.1, and shall be permitted to be any occupancy allowed by this code except Group H.

6.The maximum building height in feet (mm) as measured from the grade plane shall not exceed the limits set forth in Section 504.3 for the building having the smaller allowable height as measured from the grade plane. (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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