Deck in a Rear Yard?

Above is a view into typical Brooklyn Brownstone rear yards, showing many decks and roof coverings constructed of combustible materials. Often, these structures have not been constructed legally.

Q: What are the legal requirements for the construction of a Deck in the Rear Yard of a Brownstone-type building?

A: When considering construction of a Deck, it is necessary to comply with the Department of Buildings requirements for Decks. Legalization of existing Decks can be problematic, because many have not been designed by an Architect or Engineer and no Permit was ever obtained. The NYC Department of Buildings is cracking-down on Deck requirements, as they can be hazardous from a structural or fire safety standpoint when constructed improperly. An Illegal Deck can also be a problem when selling a property or applying for a Certificate of Occupancy.

Below is a listing of the basic Deck requirements, distilled from NYC Department of Buildings Memorandums. New Decks would need to comply with the below in order to obtain Plan Approval. Existing Decks needing to be Legalized would have to be modified (as required) to comply with the below:

Definition of a Deck:
A Deck is a raised floor, supported by structural framing above the surrounding ground at the level of the first story of a house. A Deck must be constructed without a roof. An outdoor structure with a roof is not a Deck. It may be considered an additional room, in which case different zoning rules and NYC Building Code provisions will apply.

Deck Requirements:
1 Only a NYS Registered Architect or Professional Engineer may design a Deck or porch. The Department of Buildings must approve the plans and issue a permit before any work begins.

2 Decks must be located at or below the floor level of the first story of a house.

3 A Deck may project up to eight feet (8’) beyond the face of the building into the required thirty foot (30’) rear yard.

4 There shall be no useable building or storage space underneath the Deck.

4 There must be at least three feet (3’) between the Deck and the SIDE or REAR LOT LINE, unless the Deck is constructed of non-combustible materials, such as steel, in which case it may be closer to the Property Lines.

5 All Decks must have a railing at least 42 inches high.

6 Spaces between railings and/or posts can be no greater than five inches.

7 Elevated Decks must be braced at the columns and where the beams and columns connect.

8 Decks must be able to withstand a minimum of 40 pounds per square foot plus the weight of the Deck. This is the same live load required as for the building itself. Thus, a Deck will usually require a structure as robust as that of the main house’s floor construction, rather than the flimsy, under-structured wood Decks that are commonly seen.

9 Decks must be properly anchored to a house or building. Nailing Decks instead of using proper anchors is a common mistake that often leads to accidents and can cause serious injuries.

10 A homeowner may construct a Deck, but is not allowed to perform plumbing or electrical work. If you use a contractor, the contractor must have a Home Improvement Contractor’s License.

Have a Deck question? E-mail Permitadvisor

Tags: Deck, Porch, Legalization, Addition, Brownstone, Rear Yard

Intumescent Paint for Fire Protection

Q: What is Intumescent Paint? How do I know if it can be used for my NYC Construction Project?

A: Intumescent means "swelling and charring when exposed to flame". When exposed to fire, the coating will rapidly react, becoming a compact foam, dense carbon char, or similar, to stop fire migration.

Intumescent Paint is a paint coating applied to Structural Members in order to afford them a Fire Resistance Rating. It is ususally employed as a remedial measure to enable exposed (unprotected) structural memebers to achieve a required fire resistance rating.

For instance, exposed wood joists and subflooring might be treated with intumescent paint (rather than installing a fire rated gypsum board ceiling assembly to encapsulate them) to achieve a vertical fire separation rating.

Intumescent Paint products must have an MEA (Materials and Equipment Acceptance) Number to qualify as an approved means of rating structural members. The paint must be applied and utilized in a manner consistent with the MEA Approval.

MEA Numbers for Intumescent Paint may be verified by lookup on the Department of Building Website. Check the MEA Index, and search under the "Fire Protection" heading to find approved Intumescent Paints and their respective MEA Numbers and MEA Approval documents.

The MEA Number must be listed on the DOB Drawings and Construction Documents when filing for approval and permit.

Here is a sample MEA-Approval for an Intumescent Paint product.

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Photo above of an Intumescent Paint Application from Albi Manufacturing

Tags: Intumescent, Paint, Fire Protection, Fire Resistance, Roof, Structure, Beam, Column

Lot Line Windows?

Q: What is a Lot Line Window? Where can I find the DOB guidelines governing Lot Line Windows?

A: Lot Line Windows are windows installed in an Interior Lot Line Wall, meaning in the walls of the building which run along & directly adacent to the side property lines. Walls along the side property line need to be fire rated in accordance with Table 3-4. Windows may, under certain conditions, be installed in Lot Line Walls, with the following restrictions:

1. Lot Line windows are of very limited area (see Table 3-4 & TPPN 10/87)
2. Lot Line Windows cannot serve as required windows for light & ventilation (amenity only).
3. Lot Line Windows must be constructed of wired, tempered, or laminated glass, and must be protected with a Sprinkler Head mounted on the inside of the occupied space.
4. Lot Line Windows must be sealed if an adjacent property owner enlarges their building vertically to block such openings.
5. A Lot Line Window Declaration is required between adjacent property owners.

Door Ratings?

Q: What is the required Fire Resistance Rating for a Door installed in a rated Wall?

A: Refer to Table 5-3 Opening Protectives for Fire Divisions and Fire Separations.Per the Table:

Wall Rating= 3 or 4 hrs = Door Rating of 3 hrs (A Label)
Wall Rating= 2 or 1 1/2 hrs = Door Rating of 1 1/2 hrs (B Label)
Wall Rating= 1 hr = Door Rating of 3/4 hr (C Label)

Fire Rating Between Tenants?

Q: What is the minimum required fire rating for partitions between tenants of the smae Occuancy Group (eg: between two Apartments)?

A: A minimum one-hour rated fire separation is required between Tenants of the same Occupancy Group, per Building Code Section 27-341(a)

Greenhouse in a Rear Yard?

Q: What are the requirements dictating the construction of a Greenhouse in a Rear Yard?

A: The below is a summary of a DOB Memo by Irving Minkin, dated 4/8/77 outlining the criteria for Greenhouses. I believe this is still in force:

1. Greenhouse & structure to which it is attached shall be non-commercial.
2. Greenhouse may project a maximum of 6' into the required Rear Yard, measured from the exterior face of the building wall.
3. Greenhouse may rest directly upon Grade level or be supported by columns.
4. No offensive dust or odors may be created by such use.
5. The Greenhouse together with its supports, is permanently constructed of non-combustible materials.
6. Glazing is with plain or wire glass.Slow-burning plastic is not permitted. A 'Greenhouse-Type glass constructed rood must be built as part of the enclosure.
7. The Greenhouse floor construction shall be capable of sustaining a minimum Live Load of 75 lbs.
8. The enclosed Greenhouse shall contribute to the Zoning Floor Area of the building.
9. The Greenhouse shall contain operable windows providing light and ventilation. 10% windows required for the combined area of the Greenhouse and any interior room being served by the windows.
10. The depth of the Greenhouse shall not be included in the maximum permitted depth of a room without a window.