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New York City · Through Local Law 2026/135 (enacted August 31, 2026)

N.Y.C. Admin. Code § BC 1004: Section BC 1004: Occupant Load

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Where this section sits in the code
  1. New York City Administrative Code
  2. Title 28
  3. Chapter 7: New York City Building Code

1004.1 Design occupant load.

Design occupant load. In determining means of egress requirements, the number of occupants for whom means of egress facilities shall be provided shall be established by the largest number computed in accordance with Section 1004.1.3, unless otherwise permitted by Section 1004.1.3.1, 1004.1.3.2 or 1004.2.

1004.1.1 Cumulative occupant loads.

Cumulative occupant loads shall be determined in accordance with Sections 1004.1.1.1 and 1004.1.1.2.

1004.1.1.1 Cumulative occupant loads for interconnected spaces.

Where the path of egress travel includes intervening rooms, areas or spaces, cumulative occupant loads shall be determined in accordance with this section.

1004.1.1.1.1 Intervening spaces or accessory areas.

Where occupants egress from one or more rooms, areas or spaces through others, the design occupant load shall be the combined occupant load of interconnected accessory or intervening spaces. Design of egress path capacity shall be based on the cumulative portion of occupant loads of all rooms, areas or spaces to that point along the path of egress travel.

1004.1.1.1.2 Adjacent levels for mezzanines.

That portion of the occupant load of a mezzanine with required egress through a room, area or space on an adjacent level shall be added to the occupant load of that room, area or space.

1004.1.1.1.3 Adjacent stories.

Other than for the egress components designed for convergence in accordance with Section 1005.6, the occupant load from separate stories shall not be added.

1004.1.1.2 Cumulative occupant loads in Group R-2 occupancies.

Rooms, areas or spaces that are accessory to a Group R-2 occupancy and that comply with the conditions below may have occupant loads calculated individually per room, area, or space, and be classified as Occupancy Group R-2.

1004.1.1.2.1 Maximum occupant load per room.

The occupant load in each individual room, area and space, including those subject to Section 1004.1.1.1.1 where applicable, shall not exceed 74 persons.

1004.1.1.2.2 Separated rooms.

Each individual room, area and space shall be separated from others by minimum 1-hour fire-resistance-rated fire barriers constructed in accordance with Section 707. Opening protectives in accordance with Exception 3 of Section 707.6 shall not be permitted.

1004.1.1.2.3 Group R-2 accessory spaces as primary function on a story.

Where the aggregate Group R-2 occupancy accessory area of all rooms, areas or spaces, including outdoor spaces that are not provided with independent means of egress and that do not converge into interior means of egress, exceed 50 percent of the building area of the story in which they are located, and the total number of occupants on such story exceeds 150 persons, the following conditions shall apply:

1. The interior corridors or portions thereof serving such accessory spaces shall be constructed as public corridors in accordance with Table 1020.1.2 with 1-hour fire-resistance-rated fire barriers, and 2-hour fire-resistance-rated fire barriers where a dead-end corridor exceeds 40 feet (12 192 mm) in length;

2. Access to the corridors shall be limited to those necessary for exit access through the corridor from normally occupied spaces. Direct openings from the mechanical, electrical and other storage spaces shall not be permitted, except that access to the corridor may be provided through a vestibule constructed with fire barriers, with a minimum fire-resistance rating consistent with the required hourly rating for the corridor;

3. Corridors or portions thereof serving such accessory spaces shall be sufficient to accommodate a total occupant load on the basis of 3 square feet (0.28 m

2

) per person;

4. The minimum dimension of such corridors shall be sufficient to accommodate the total occupant load discharging into such corridors, but shall in no case be less than 5 feet (1524 mm) in minimum dimension; and

5. In addition to Conditions 1 through 4 above, one of the following conditions shall be met:

5.1. Each of the interior exit stairways and ramps serving such story shall be protected by a smokeproof enclosure in accordance with Section 909.20;

5.2. The corridor or portions of the corridor serving the rooms, areas or spaces that are accessory to the Group R-2 occupancy shall be pressurized in accordance with requirements that are applicable to interior exit stairways. Connecting interior exit stairways need not be pressurized unless otherwise required by this code;

5.3. All passenger elevators serving the rooms, areas, or spaces that are accessory to the Group R-2 occupancy shall comply with occupant self-evacuation elevator requirements in Section 3008.1 through 3008.11; or

5.4. One additional exit stairway meeting the requirements of Sections 1009 and 1023 shall be provided in addition to the minimum number of exits required by Section 1006. The total width of any combination of remaining exit stairways with one exit stairway removed shall not be less than the total width required by Section 1005.3.

Rooms, areas or spaces that do not comply with the conditions in Sections 1004.1.1.2.1 and 1004.1.1.2.2, or Section 1004.1.1.2.3 where applicable, shall have occupant loads calculated cumulatively per story and be classified as Occupancy Group A.

1004.1.2 Multiple function occupant load.

Where an area under consideration contains multiple functions having different occupant load factors, the design occupant load for such area shall be based on the floor area of each function calculated independently.

1004.1.3 Areas without fixed seating.

The number of occupants shall be computed at the rate of one occupant per unit of area as prescribed in Table 1004.1.3. For areas without fixed seating, the occupant load shall be not less than that number determined by dividing the floor area under consideration by the occupant load factor assigned to the function of the space as set forth in Table 1004.1.3.

Table 1004.1.3 Maximum Floor Area Allowances Per Occupant

Function of Space

Occupant Load Factor

a

Accessory storage areas, mechanical equipment room

300 gross

Agricultural building

300 gross

Aircraft hangars

500 gross

Assembly

Gaming floors (keno, slots, etc.)

Exhibit gallery and museum

11 gross 30 net

Assembly with fixed seats

See Section 1004.3

Assembly without fixed seats

Concentrated (chairs only – not fixed)

Dance floor

Dance floor (ballroom)

Standing space / waiting area

Unconcentrated (tables and chairs)

7 net 5 net 10 net 5 net 15 net

Bowling centers, allow 5 persons for each lane including 15 feet of runway, and for additional areas

7 net

Business areas, including accessory areas on terraces and rooftops

100 gross

b, d

Courtrooms – other than fixed seating areas

40 net

Day Care

Age under 6 months

Age 6 months – 2 years

Age 2 years – 6 years

Age above 6 years

50 net 40 net 30 net 50 net

Dormitories

50 gross

Educational

Classroom area

Shops and other vocational room areas

Kindergarten, and pre-kindergarten

20 net 50 net 30 net

Exercise rooms

50 gross

Group H-5 Fabrication and manufacturing areas

200 gross

Gymnasiums

15 net

Industrial areas

100 gross

Institutional areas

Inpatient treatment areas

Outpatient areas

Sleeping areas

240 gross 100 gross 120 gross

Kitchens, commercial

200 gross

Library

Reading rooms

Stack area

50 net 100 gross

Locker rooms

50 gross

Mall buildings – covered and open

See Section 402.8.2

Mercantile

Areas on other floors

Basement and grade floor areas

Storage, stock, shipping areas

60 gross 30 gross 300 gross

Parking garages

200 gross

Passenger terminal

Baggage claim

Baggage handling

Concourse

Passenger terminal or platform

Waiting area (Standing)

Waiting areas (Seated)

20 gross 300 gross 100 gross 1.5 ´ C* 15 gross 5 net

Residential

Within dwelling units

Rooftop and terrace accessory to Groups R-2 and R-3

Indoor residential amenity spaces accessory to Group R-2 (concentrated)

e

Indoor residential amenity spaces accessory to Group R-2 (unconcentrated)

e

200 gross 200 gross

b, c, d

15 net 50 net

Skating rinks, swimming pools

Rink and pool

Decks

50 gross 15 gross

Stages and platforms

15 net for performing area and 50 net remaining area

Warehouses

500 gross

C* - capacity of all passenger vehicles that can be unloaded simultaneously.

For SI: 1 square foot = 0.0929 m

2

, 1 foot = 304.8 mm.

a. Floor area in square feet per occupant.

b. For the purposes of occupant load calculation, permanent fixtures and amenities such as shrubs, decorative pools, non-walkable paving surfaces, etc. may be deducted from the total floor area.

c. A rooftop or terrace in Group R-2 or R-3 occupancies that is provided for the incidental, recreational use by the residential tenants residing in the same residential building.

d. Where the maximum occupant load of the rooftop or terrace exceeds 74 persons based on occupant load calculations, a Place of Assembly Certificate of Operation is required pursuant to Section 28-117.1 of the Administrative Code and Item 1 of Section 303.7 of this code.

e. To be used only when the occupant load for the function of the space is not listed elsewhere in Table 1004.1.3.

1004.1.3.1 Modifications.

Where the actual number of occupants of any space will be significantly lower than listed in Table 1004.1.3, the commissioner may establish a lower basis for the determination of the number of occupants.

1004.1.3.2 Unlisted functions.

Where data regarding the square feet area per person for a function is not listed in Table 1004.1.3, the occupant load shall be established by a registered design professional, subject to the approval of the commissioner.

1004.2 Increased occupant load.

The occupant load permitted in any building, or portion thereof, is permitted to be increased from that number established for the functions in Table 1004.1.3 provided that all other requirements of the code are also met based on such modified number and the occupant load shall not exceed one occupant per 5 square feet (0.46 m

2

) of occupiable floor space, except for safe areas as specified in Section 1029.19.3 and standee areas as specified in Section 1029.18. Where required by the commissioner, an approved aisle, seating or fixed equipment diagram substantiating any increase in occupant load shall be submitted. Where required by the commissioner, such diagram shall be posted. Capacity signs indicating the increased, stated occupant load in accordance with Sections 1029.1.3 and 1029.1.4 shall be posted where required by the commissioner.

1004.3 Fixed seating.

For areas having fixed seats and aisles, the occupant load shall be determined by the number of fixed seats installed therein. The occupant load for areas in which fixed seating is not installed, such as waiting spaces, shall be determined in accordance with Section 1004.1.3 and added to the number of fixed seats.

The occupant load of wheelchair spaces and the associated companion seat shall be based on one occupant for each wheelchair space and one occupant for the associated companion seat provided in accordance with Section 1108.2.3.

For areas having fixed seating without dividing arms, the occupant load shall be not less than the number of seats based on one person for each 18 inches (457.2 mm) of seating length.

The occupant load of seating booths shall be based on one person for each 24 inches (609.6 mm) of booth seat length measured at the backrest of the seating booth.

1004.4 Outdoor areas.

Yards, patios, courts and similar outdoor areas accessible to and usable by the building occupants shall be provided with means of egress as required by this chapter. The occupant load of such outdoor areas shall be determined by the design professional subject to the approval of the commissioner. Where outdoor areas are to be used by persons in addition to the occupants of the building, and the path of egress travel from the outdoor areas passes through the building, means of egress requirements for the building shall be based on the sum of the occupant loads of the building plus the outdoor areas.

Exceptions:

1. Outdoor areas used exclusively for service of the building need only have one means of egress.

2. Both outdoor areas associated with Group R-3 and individual dwelling units of Group R-2.

1004.5 Multiple occupancies.

Where a building contains two or more occupancies, the means of egress requirements shall apply to each portion of the building based on the occupancy of that space. Where two or more occupancies utilize portions of the same means of egress system, those egress components shall meet the more stringent requirements of all occupancies that are served.

Collected 2026-09-06T02:48:57Z. Source file · JSON

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