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

What is NYC FC § 5005.3.9?

Quick Answer

This section outlines the criteria for classifying outdoor hazardous material use areas as indoor use based on weather protection standards. The statute specifies that these areas must be constructed in accordance with the construction codes, including the Building Code. Applies to property operators managing hazardous material use areas.

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 →

5005.3.9 Weather protection.

FC § 5005.3.9

Outdoor hazardous material use areas sheltered by overhead noncombustible construction shall not be considered indoor use when the area is constructed in accordance with the requirements for weather protection as required in the construction codes, including the Building Code. Exception: Use of explosives shall be considered as indoor use.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 5005.3.9?

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