N.Y.C. Admin. Code § BC 303: Section BC 303: Assembly Group A

303.1 Assembly Group A.

Assembly Group A occupancy includes, among others, the use of a building or structure or a portion thereof, excluding a dwelling unit, for the gathering of any number of persons for purposes such as civic, social or religious functions, recreation, food or drink consumption, awaiting transportation, or similar group activities; or when occupied by 75 persons or more for educational or instructional purposes.

303.1.1 Definitions.

The following term is defined in Chapter 2:

PLACE OF ASSEMBLY.

303.1.2 Buildings and nonaccessory tenant spaces.

A building or nonaccessory tenant space used for assembly purposes with an occupant load of fewer than 75 persons shall be classified as a Group B occupancy, except that the number of plumbing fixtures for such a building or space is permitted to be calculated in accordance with the requirements for assembly occupancies.

303.1.3 Accessory assembly spaces.

A room or space used for assembly purposes with an occupant load of fewer than 75 persons and accessory to another occupancy shall be classified as a Group B occupancy or as part of that occupancy, except that the number of plumbing fixtures for such a room or space is permitted to be calculated in accordance with the requirements for assembly occupancies. Assembly occupancies shall include the following:

303.2 Assembly Group A-1.

Group A-1 occupancy includes assembly uses, usually with fixed seating, intended for the production and viewing of the performing arts or motion pictures including, but not limited to:

Motion picture theaters

Symphony and concert halls

Television and radio studios admitting an audience

Theaters

303.3 Assembly Group A-2.

Group A-2 occupancy includes assembly uses intended for food and/or drink consumption including, but not limited to:

Banquet halls

Cabarets

Casinos (gaming areas)

Nightclubs, including dance halls

Restaurants, cafeterias (except as provided for in A-3), and similar dining facilities

Restaurants

Taverns and bars

303.4 Assembly Group A-3.

Group A-3 occupancy includes assembly uses intended for worship, recreation or amusement and other assembly uses not classified elsewhere in Group A including, but not limited to:

Amusement arcades

Art galleries

Bowling alleys

Cafeterias for children up to and including the 12th grade

Classrooms and instructional rooms with 75 persons or more; such rooms with fewer than 75 persons shall be classified as Group B or E

Community halls

Courtrooms

Custodial care facilities with 75 or more persons, providing care to persons over the age of 2, where no more than four occupants are incapable of responding to an emergency situation without physical assistance from staff

Dance studio or instruction (not including food or drink consumption)

Exhibition halls

Funeral parlors

Gymnasiums (without spectator seating)

Indoor swimming pools (without spectator seating)

Indoor tennis courts (without spectator seating)

Lecture halls

Museums

Places of religious worship (Houses of worship)

Pool and billiard parlors

School auditoriums

Waiting areas in transportation terminals

303.5 Assembly Group A-4.

Group A-4 occupancy includes assembly uses intended for viewing of indoor sporting events and activities with spectator seating including, but not limited to:

Arenas

Skating rinks

Swimming pools

Tennis courts

303.6 Assembly Group A-5.

Group A-5 occupancy includes assembly uses intended for participation in or viewing outdoor activities including, but not limited to:

Amusement park structures

Bleachers

Grandstands

Stadiums

303.7 Certificate of Operation.

A Certificate of Operation shall be required, as per Section 28-117.1, for the following assembly occupancies:

1. Indoor assembly occupancies used or intended for use by 75 persons or more, including open spaces at 20 feet (6096 mm) or more above or below grade plane, such as roofs or roof terraces.

2. Outdoor assembly occupancies used and intended for use by 200 persons or more.