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

Projecting Balconies

Richard Meier's New Building on Prospect Park showing a nice use of Projecting Balconines beyond the Street Line

Q: Can a Balcony Project beyond the FRONT LOT LINE or STREET LINE? If so, how far?

A: As per the NYC 1968 Building Code, Balconies, including their railings and supporting brackets, may project up to 22 inches beyond the STREET LINE. There are also many Zoning Regulations to consider for Balconies. In most cases, Balconies must be located at or higher than the floor level of the third story of a Building or at least 20 feet above CURB LEVEL. The aggregate length of Balconies cannot exceed 50% of the length of the Building Wall from which they project.

Check the Zoning Regulations for additional Balcony requirements.

Ref: Building Code Section 27-313
Zoning Resolution Section 23-13

IS THIS A SIGN?

Q: Does the above 'Grand Theft Auto' mural, being painted on the side of a building on Houston Street, count as a Sign for Zoning purposes? Is it subject to the Sign Regulations and Area Limitations of the Zoning Resolution?

A: This is in fact a SIGN, specifically an ADVERTISING SIGN, and it would need to comply with the Advertising Sign regulations for the applicable Zoning District.

Roof Access for Interior Stairs

Q: When is it required for INTERIOR STAIRS to provide Roof Access?

A: Interior Stairs shall provide Roof Access as follows:

-At least one Interior Stair shall provide Roof Access in buildings or building sections greater than 3 stories or 40' high, when the roof has a slope of less than twenty degrees. Access to setback roof areas may be through a door or window opening to the roof. Interior stairs extending to roofs shall be enclosed in bulkheads of fire-resistant construction.

-All Interior Stairs in buildings classified in J-1 (Transient Residential) or J-2 (Permanent Residential, 3 or more Dwelling Units), which are more than 2 stories in height, with a roof having a slope of 15 degrees or less, shall provide Roof Access, except where the Stair terminates at a Setback Roof. Stairs shall extend to the roof in bulkheads of fire-resistive construction. Stairs terminating at the level of a setback roof shall provide access to the setback roof areas through a door except where the setback is less than 4' in width and less than 10' in length, as measured from the inside of the parapet wall.

-In buildings or in building sections classified in occupancy group J-1 two stories in height and in occupancy group J-2 three stories in height with not more than one dwelling unit per story with roofs having a slope of fifteen degrees or less, access to the roof shall be provided through a scuttle at least 21" in width and 28" in length. Scuttles shall be located within each stair enclosure with a stationary iron ladder leading to them.

Reference 1968 NYC Building Code Section: 27-375(k) for full details

What is a WIDE STREET?

Prospect Park West in Park Slope, Brooklyn (shown above) is a nice example of a WIDE STREET

Polhemus Place in Park Slope, Brooklyn (shown above) is a nice example of a NARROW STREET

Q: What is the definition of a WIDE STREET? Does street width include the width of the Sidewalk?

A: A WIDE STREET is a Street that is 75' Wide or more. Streets less than 75' wide are NARROW STREETS. When determining Street Width, include the width of the sidewalk. It is important to determine whether your proposed DEVELOPMENT is located on a WIDE STREET or a NARROW STREET, as the FAR and HEIGHT AND SETBACK requirements vary depending on what type of street the DEVELOPMENT SITE is located on.

For the full definition of a WIDE STREET, and many more useful permit definitions, visit our other blog: permitpedia.blogspot.com

Applicability of NYS Energy Code to NYC Projects

Q: When is the NYS Energy Code applicable to New York City Projects?

A: The following buildings must comply with the noted provisions of the Energy Conservation Construction Code of New York State:

-1- and 2-family detached residential buildings and all residential buildings of three stories or less must comply with Chapters 4, 5 or 6 of the Energy Conservation Construction Code of New York State (ECCCNYS)

-All other buildings, including residential buildings four stories or higher and excluding 1- and 2-family detached residences four stories or higher, must comply with Chapters 7 or 8 of the ECCCNYS

-Except where explicitly stated in the Code, ECCCNYS is not retroactive in existing buildings;

-Additions to existing buildings must comply with the ECCCNYS with respect to new construction;

-Alterations must comply with the Energy Code where 50% or more of any building system or subsystem, measured in appropriate units, is being replaced within any 12-month period, with some exceptions;

-In mixed-use buildings, each major use shall comply with the requirements of its occupancy.

The following buildings are exempt from the provisions of the ECCCNYS:

-Buildings with a peak design rate of nonrenewable energy usage less that 3.4 Btu/h/SF;

-Buildings whose energy usage for heating and/or cooling is entirely supplied from renewable energy sources;

-Historic buildings (see ECCCNYS §101.4.2.3 for detail);

-Nonresidential farm buildings (see ECCCNYS §101.4.2.5 for detail).

All New Building and Alteration Type-I Applications must now include an Energy Code statement on the plans and Applications:

"To the best of my knowledge, belief and professional judgment, these plans and specifications are in compliance with the Energy Conservation Construction Code of New York State, using Chapter ____.”

As of September 4, 2007, the Professional Statement and the Energy Analysis will be listed as a Required Item for New Buildings and Alteration Type 1 projects. Alteration Type 2 and Alteration Type 3 OT projects will have the same listed required items in November, 2007.

Excerpts from DOB Web site

Stairs with Handrails on Both Sides?

Q: For an Exit Stair, when is it necessary to provide Handrails on both sides?

A: Stairs 44 inches wide and wider require a handrail on both sides. Stairs narrower that 44 inches only require a handrail on one side.

Stairs more than 88 inches wide need intermediate handrails dividing the stair into widths not greater than 88 inches nor less than 44 inches.

This is as per BC Section §27-375(f)

Fire Separations for Cellar Stairs

Q: Do Cellar Stairs need to be fire-separated from Stairs serving upper floors of the building?

A: Yes, Cellar Stairs need to be fire-separated from stairs serving upper-floors of the building, with a minimum of 1-hour fire rated construction and a 3/4-hr fpsc door. Except that this separation is not required in J-3 Residential Buildings (One- or Two-Family Dwellings), and in G-School (Educational) Buildings. Refer to Building Code Section 27-364-Exit Discharge for the exact wording/requirements

Balcony Enclosures?

Q: Is it permitted under any circumstance to enclose a Balcony? If so, are there any special considerations to such enclosures?

A: The Department permits lightweight, readily removable balcony enclosures, not considered a permanent part of the building. This is as per a DOB Memo dated 6/17/1976. Balcony enclosures shall comply with the following criteria:

1. The enclosure must be of lightweight, non-combustible construction.
2. The enclosure assembly must not include masonry or insulation.
3. The enclosure must contain operable windows to provide 10% light and 5% ventilation to both the balcony and the room opening onto the balcony.
4. The existing balcony parapet or railing must remain intact.
5. The enclosure shall be anchored and designed to resist Wind Loads and Lateral Loads.
6. Plumbing, heating, ventilation or air conditioning systems must not extend into the balcony (except for the mandatory retention of balcony drains)
7. Additional dead load consisting of flooring, subflooring or soil shall not be added to the balcony. Furniture shall be restricted to the lightweight "lawn type" variety.

When do the new NYC Construction Codes go into effect?

Q: When do the new NYC Construction Codes go into effect?

A: The new NYC Construction Codes are scheduled to go into effect on July 1, 2008. A draft of the Code is available for download at the NYC Department of Buildings Website.

I have attempted to paraphrase below (from Local Law 33 of 2007) the enactment transition details. Please refer to Local Law 33 of 2007 for the exact enactment language.

Any application submitted to the DOB prior to July 1, 2008, or for which an application is submitted to the DOB within a period of 12 months after July 1, 2008, at the option of the owner, may be performed in its entirety in accordance with new NYC Construction Codes, or in accordance with the 1968 building code, provided that the construction work is commenced within 12 months after the date permit issuance and is diligently carried on to completion.

The Commissioner may, for good cause, extend the time period for commencement of the work beyond 12 months. Where the owner elects to perform the work in compliance with the 1968 building code, certain conditions shall apply. Please refer to the Local Law for the conditions.

Optional use of the 1968 Building Code for alteration of existing buildings. At the option of the owner, a permit may be issued after July 1, 2008 authorizing work on existing buildings to be performed in accordance with the 1968 building code, subject to certain conditions. Please refer to the Local Law for the conditions.

Non-Profit Institution with Sleeping Accommodations

Q: What is the proper way to indicate a Non Profit Institution with Sleeping Accommodations on a Schedule-A or Certificate of Occupancy?

A: For a New Building, which is a Non-Profit Institution with Sleeping Accommodations:

Description: Non-Profit Institution with Sleeping Accommodations
Occupancy Group: J-2-Residential
Use Group: 3-Community Facility
Multiple Dwelling Classification: HAEA
List Number of Dwelling Units Per Floor? Yes

Stair Landings?

Q: What is the minimum required size of a Stair Landing for an Egress/Exit Stair? Where are Stair Landings required? What is the maximum vertical rise of a Stair before Intermediate Landings are required?

A: Below are some paraphrased Code Sections answering these questions:

1. Stair Landings and Platforms shall be provided at the head and foot of each flight of stairs, except at the head of a basement stair in one- and two-family dwellings.

2. The minimum width of stair landings and platforms perpendicular to the direction of egress shall be equal to at least the width of the stair.

3. Intermediate landings need not be more than 44" wide.

4. The maximum vertical rise of a single flight of stairs shall not exceed:

• 8' in Occupancy Group F (Place of Assembly) and H (Hospital, Nursing Home, Mental Institution, Jail)

• 12' in all other Occupancy Groups.

Provide an Intermediate Landing where the vertical rise exceeds these distances.

4. The swing of stair doors shall not block stairs or stair landings.

5. The swing of a Stair Door shall not reduce the clear width of the Stair landing to be less than seventy-five percent of the required width of the landing or stair.

6. The swing of a Stair Door shall not reduce the clear width of the Stair landing to be less than the width of the door opening on them.

See BC Section 27-375(d) and 27-375(g) for the exact wording/additional details

Tent Requirements?

Q: What are the Building Code requirements for Tents?

A: Tents and Air Supported Structures are covered in BC Subchapter 7 Special Uses and Occupancies, Article 19. See this Code Section for the full requirements, some of which are summarized below:

1. Tents and Air Supported Structures shall not exceed One (1) Story in height above the ground or roof they are erected on.
2. Tents shall be at least 20 feet from all Interior Lot Lines.
3. Tents shall be at least 30 feet from any unportected opening, required exterior stairway or corridor, or required exit door in an adjacent building.
4. A Tent may abut another building if there are no unprotected openings in the abutting building's wall, and if the wall of such building is a Fire Division with the required Fire Rating.
5. In addition to the minimum exterior separation distances listed above, Tents shall comply with the Yard Requirements of the applicable Zoning District.
6. The ground enclosed by the Tent and 10' around the Tent shall be cleared and maintained free of all combustible material and vegetation.
7. No Open Flame is permitted within 20' of the Tent enclosure fabric.8. Travel Distance within the tent shall not exceed 75'. Exit doors shall be located in frames so they will remain operational even if the Tent or Air Supported Structure collapses.
9. Tents shall be guyed, supported, and braced to withstand a wind pressure of 10 pounds per square foot of projected area of the tent. The poles and their supporting guys, stays, stakes, fastenings, etc shall resist wind pressure of 20 pounds per square foot of projected area of the Tent.
10. All materials used for Tents shall be treated to be flameproofed.
11. Certificates of Occupacy for Tents shall be issued for a period not exceeding one year, such certificates may be renewed if the Tent continues to comply with all requiredments.

Class A Multiple Dwelling or Class B?

Q: What is the difference between a Class A Multiple Dwelling and a Class B Multiple Dwelling?

A: A Class 'A' Multiple Dwelling is for permanent residential occupancy. A Class 'B' Multiple Dwelling is for transient residential occupancy. See MDL Sec 4 (Definitions), Items 8 & 9:

"8. A "Class A" multiple dwelling is a multiple dwelling which is occupied, as a rule, for permanent residence purposes. This class shall include tenements, flat houses, maisonette apartments, apartment houses, apartment hotels, bachelor apartments, studio apartments, duplex apartments, kitchenette apartments, garden-type maisonette dwelling projects, and all other multiple dwellings except class B multiple dwellings.

9. A "Class B" multiple dwelling is a multiple dwelling which is occupied, as a rule transiently, as the more or less temporary abode of individuals or families who are lodged with or without meals. This class shall include hotels, lodging houses, rooming houses, boarding houses, boarding schools, furnished room houses, lodgings, club houses, college and school dormitories and dwellings designed as private dwellings but occupied by one or two families with five or more transient boarders, roomers or lodgers in one household."

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.

Asbestos Investigation for New Building?

Q: How recently constructed does a New Building need to be to avoid an Asbestos Investigation requirement?

A: Buildings filed with the DOB after April 1, 1987 do not require an Asbestos Investigation (ACP-5). In lieu of the ACP-5, an ASB-4 'Asbestos Exemption Form' must be filed. This form must be signed & sealed by the Architect or Engineer of Record.

Pool Permits?

Q: Where can I find the Department of Health Permit Requirements and Applications for an Indoor or Outdoor Pool, Jacuzzi, with or without a Sauna and/or Steam Room?

A: Pool Permits are reviewed by the NYC Department of Health-Office of Public Health Engineering, 2 Lafayette Street, 11th Floor, New York, NY 10007, tel:212-676-1520, Fax 212-676-1517.

Under the NYS Sanitary Code, Chapter 1, Subpart 6-1, and Article 165 of NYC Health Code, no Municipality, School District, Person, Group of Pertons, Firm, Corporation, Association, Organization or Institution shall install or construct a Bathing Establishment in the City of New York without an appropriate permit issued by the New York City Department of Health.

Pool Waste Water must be disposed of through the New York City sewer system. Permission/Approval for subsurface connection and disposal system must be obtained from the NYC Department of Environmental Protection (DEP). Once permission is granted, a copy of Permission Letter to the Applicant will be forwarded by NYC DEP to the Bureau of Public Health Engineering.

For information on the NYC DEP Application Requirements, please contact:

Herbert Kass, P.E., Chief
New York City Department of Environmental Protection
Bureau of Water Supply and Wastewater Collection
59-17 Junction BoulevardCorona, NY 11368
Tel: 718-595-5330

If underwater lights are to be installed in the Pool, an approval letter from the New York City Department of Buildings is required. For information contact:
Edward Solomon, P.E.Chairman, Advisory Board
New York City Department of Buildings
1 Centre Street, Room 1415
New York, NY 10007 Tel: 212-669-8673

A Certificate of Occupancy from New York City Department of Buildings showing the specific usage on the corresponding floor is required (A Temporary Certificate of Occupancy is also acceptable).

The Permit Approval Process is comprised of three parts:
-Part I, Plan Review and Approval
-Part II, Construction Inspection
-Part III, Permit Review and Issuance

An approval of the permit will be granted when the pool is designed, constructed, and completed in accordance with:

-Article 165, New York City Health Code
-Other requirements which the Bureau of Public Health Engineering may determine are necessary to adequately review and approve the permit

The Permit Application Fee is $1,980 in a check made payable to the New York City Department of Health.

What is the definition of a Cabaret?

Q: What is the definition of a Cabaret? What are the Code Requirements for a Cabaret?

A: Cabaret is defined by the NYC Building Code as any room, place or space in which any musical entertainment, singing, dancing or other similar amusement is permitted in connection with an eating and drinking establishment.

Cabarets are classified as F-4 Place of Assembly Occupancy Group.
The Zoning Use Group depends upon the Occupant Load and whether there is dancing or not:

Use Group 6:

• Eating or Drinking Establishments with Entertainment or Musical Entertainment, but not dancing, with a capacity of 200 persons or less.

Use Group 12:

• Eating or Drinking Establishments with Entertainment and a capacity of more than 200 Persons, or establishments of any capacity with Dancing

Some Code Requirements for Cabarets:

-Cabarets shall be equipped with Emergency Lighting per §27-542 (retroactive requirement)

-Cabarets shall be fully sprinklered per §27-954(s)(1).

-Cabarets shall have Fire Alarm Systems per §27-968(a)(10)(b).

-Cabaret Stages, Dressing Rooms, and Property Rooms shall be provided with Automatic Sprinkler and Fire Alarm protection per §27-954(s)(2), 27-549(a)(3), and §27-968(a)(10)(a).

Also:
Stages in Cabarets with Scenery or Scenic Elements shall comply with Stage Requirements for an F1-A Places of Assembly (Sprinkler Deluge required)

Stages in Cabarets without Scenery or Scenic Elements shall comply with those in F1-B Places of Assembly (§27-547):

-Raised platforms may be built as stages in F-1b places of assembly when they are supported on floors having the fire resistance ratings required by Table 3-4, in accordance with the following:

-The area below the platform shall be enclosed on all sides with solid construction.

-The horizontal area of stage construction shall not exceed the following:

Wood frame: maximum area - 400 square feet.
Fire retardant treated wood: maximum area - 1,200 square feet.
Noncombustible frame: maximum area - unlimited.

-The floor of the stage, when wood is used, shall be at least one inch nominal thickness, and shall be laid on a solid, noncombustible backing, or all spaces between supporting members shall be fire-stopped with noncombustible material.

I have received an ECB Violation. What is the ECB?

Q: I have received an ECB Violation. What is the ECB?

A: ECB stands for 'Environmental Control Board'. ECB Violations are commonly issued by the NYC Department of Buildings and NYC Fire Department for violations of the Building Code or Building Laws.

An example of a common FDNY-issued ECB Violation might be: "Failure to provide Equipment Use Permits for Rooftop Condenser HVAC Units"

Below is a description of the Environmental Control Board from the ECB's Website:
"The Environmental Control Board (ECB) is an administrative tribunal, which means that it is a decision-making body that hears disputes like a court, but with a few important differences. ECB only hears cases in which people are charged with violating New York City's quality-of-life laws - the laws that protect the health, safety, and cleanliness of our environment and neighborhoods. Quality-of-life violations are not criminal offenses. For this reason, ECB issues only monetary penalties and/or orders to correct violations when it finds people in violation of the City's quality-of-life laws.

ECB is like a court in many ways. Like a court, ECB conducts hearings to resolve quality-of-life violations. At these hearings, parties can present evidence in order to prove or disprove alleged violations. Cases are heard by lawyers with specialized training called Administrative Law Judges (ALJs), who act as impartial decision-makers. However, ECB is less formal than a court. Legal counsel is not required, and most people choose to represent themselves. Cases are not presented in a courtroom and the ALJs do not wear robes."

Spiral Stairs?

Q: Are Spiral Stairs permitted as an interconnecting stair in Vertical Duplex Apartments?

A: Per BC Section 27-375(l). Spiral stairs may be used as an interconnecting stair in a Duplex Apartment. They should have at least 30" long treads. Per the below, spiral stairs do not count towards required exits. However, if the connected floor were a mezzanine and the stair was non-combustible, you might get it accepted as a means of egress under a Recon. You need to comply with the Duplex Apt Memo as well.

BC Section:
Spiral stairs may serve as access stairs between two floors or levels in accordance with the provisions of paragraph two of subdivision (i) of this section.

Such stairs may not serve as required exits, except that unenclosed spiral stairs when built of noncombustible materials and having a tread length of at least thirty inches may serve as exits from mezzanines or balconies having an occupant load not exceeding twenty-five persons.