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What is NYC BC § 705.3?

Quick Answer

This section outlines the requirements for wall and opening protection for buildings located on the same tax lot, establishing an imaginary line between them for regulatory purposes. It includes exceptions for buildings regulated as separate entities or portions of one building based on their aggregate area and occupancy types. Applies to building owners with multiple structures on a single tax lot.

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

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705.3 Buildings on the same tax lot.

BC § 705.3

For the purposes of determining the required wall and opening protection, projections and roof-covering requirements, buildings on the same tax lot shall be assumed to have an imaginary line between them. Exceptions: 1. Two or more buildings on the same tax lot shall be either regulated as separate buildings or shall be considered as portions of one building if the aggregate area of such buildings is within the limits specified in Chapter 5 for a single building. Where the buildings contain different occupancy groups or are of different types of construction, the area shall be that allowed for the most restrictive occupancy or construction.

2.Where an S-2 parking garage of Construction Type I or IIA is erected on the same lot as a Group R-2 building, and there is no fire separation distance between these buildings, then the adjoining exterior walls between the buildings are permitted to have occupant use openings in accordance with Section 706.8. However, opening protectives in such openings shall only be required in the exterior wall of the S-2 parking garage, not in the exterior wall openings in the R-2 building, and these opening protectives in the exterior wall of the S-2 parking garage shall be not less than 1 1/2-hour fire protection rating.

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