Understanding Rooftop Capacity in Co-ops and Condos

In Hell's Kitchen, rooftop lounges offer residents a coveted space for relaxation and socializing. However, determining the maximum number of people allowed in these spaces can be a complex task for board members seeking clarity on legal occupancy limits.

To ascertain the lawful capacity of rooftop lounges, it's crucial to refer to the building's certificate of occupancy. This document, issued by the Department of Buildings (DOB), specifies the purpose of the space, maximum occupancy, and load limits. Residents can access this information through the DOB's Building Information System or DOB NOW for certificates issued after February 2021.

For buildings predating 1938, the absence of a certificate of occupancy necessitates verification of legality through a Letter of No Objection from the DOB.

Determining maximum occupancy involves various factors, including square footage, occupant load factor outlined in the city's building code, and stair width to ensure swift evacuation during emergencies. Typically, rooftop spaces have lower capacities than indoor areas due to safety considerations.

Exceeding a capacity of 74 individuals triggers a requirement for a place of assembly certificate, entailing additional fire safety measures and potential insurance implications, according to David Maggiotto, Deputy Press Secretary for the DOB.

It's plausible that listed limits in offering plans may be more restrictive than city code allows. Past board decisions, aimed at minimizing rooftop activity or circumventing assembly requirements, may have influenced these constraints.

If a rooftop lounge lacks proper permitting, engaging an architect or engineer to draft plans for approval by the city is advisable. Upon completion, the building can obtain a new certificate of occupancy, providing clarity on permissible rooftop occupancy.

Navigating rooftop capacity regulations underscores the importance of compliance with building codes while balancing residents' desires for communal spaces within co-op and condo settings.