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Is my roof deck legal?

Started by Verados
over 7 years ago
Posts: 18
Member since: Nov 2015
Discussion about
I live in a large co-op managed by a popular property management firm. Our house rules indicate that we are allowed to use a portion of the roof during the day. This portion of the roof has paver blocks that look fairly new. (The building is 50+ years old so they certainly aren’t original.) We don’t have any chairs/furniture on the roof and our board of directors is claiming that adding them would be illegal due to ADA laws. Our roof has a flight of stairs and the elevator doesn’t go to the roof. Are they incorrect? I looked at the buildings C of O and there is no mention of the roof deck.
Response by 30yrs_RE_20_in_REO
over 7 years ago
Posts: 9877
Member since: Mar 2009

I'd love to see what the notice of violation said if the only furniture up there was wheelchairs.

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Response by 300_mercer
over 7 years ago
Posts: 10560
Member since: Feb 2007

Verados, That does not sound correct. We have a wooden roof deck in our building with benches which was added a
100 years after the building was built. The roof is only accessible via stairs.

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Response by Aaron2
over 7 years ago
Posts: 1696
Member since: Mar 2012

My 1960s-era co-op also has a roof deck (almost the entire roof, really), and it's regularly used, though the elevator doesn't go to the roof, and it's only accessible by stairs, like yours. We do have some furniture out there, for whomever manages to struggle up the stairs and push open the fire door. Don't know what our C of O says.

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Response by ximon
over 7 years ago
Posts: 1196
Member since: Aug 2012

NYC Building Code requires that decks cover only a certain % of the roof space. Also, there are requirements for distance from building facade and height of required railings. There may also be a limit on occupancy which may explain why your coop does not have chairs. High occupancy raises egress concerns which triggers other concerns (#exits, width of exits, etc.). I am not sure if older roof decks are grandfathered from zoning regs but a new roof deck would certainly need a revised c of o.

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