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

What is NYC BC § 708.4?

Quick Answer

This section outlines the requirements for fire partitions, specifying that they must extend from the foundation or floor/ceiling assembly to the underside of the floor or roof above. It details exceptions for certain building types and conditions. Applies to building owners responsible for fire safety compliance.

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 →

708.4 Continuity.

BC § 708.4

Fire partitions shall extend from the top of the foundation or floor/ceiling assembly below to the underside of the floor or roof sheathing, slab or deck above or to the fire-resistance-rated floor/ceiling or roof/ceiling assembly above, and shall be securely attached thereto. If the fire partitions are not continuous to the sheathing, deck or slab, the space between the ceiling and the sheathing, deck or slab above shall be fire blocked or draft stopped in accordance with Sections 718.2 and 718.3 at the partition line. The supporting construction shall be protected to afford the required fire-resistance rating of the wall supported. Exceptions: 1. The fire partitions separating tenant spaces in a covered or open mall building, complying with Section 402.4.2.1, are not required to extend beyond the underside of a ceiling that is not part of a fire-resistance-rated assembly. A wall is not required in attic or ceiling spaces above tenant separation walls. However, fireblocking or draftstopping shall be provided in accordance with Section 718.

2.Attic fireblocking or draftstopping is not required at the partition line in Group R-2 buildings that do not exceed four stories above grade plane provided the attic space is subdivided by draftstopping into areas not exceeding 3,000 square feet (278.8 m 2 ) or above every two dwelling units, whichever is smaller.

3.Fireblocking or draftstopping is not required at the partition line in buildings equipped with an automatic sprinkler system installed throughout in accordance with Section 903.3.1.1 or 903.3.1.2, provided that automatic sprinklers are installed in combustible floor/ceiling and roof/ceiling spaces.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 708.4?

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