N.Y.C. Admin. Code § BC 3111: Section BC 3111: Sidewalk Cafes

3111.1 General.

Sidewalk cafes provided beyond the building line shall comply with the requirements of this section, the New York City Zoning Resolution, the Commissioners of the Department of Consumer and Worker Protection and Department of Transportation, and with the projection limitations of Chapter 32 of this code.

3111.2 Enclosures.

Enclosed sidewalk cafes shall be constructed of noncombustible material. The walls of such enclosures shall not extend more than 8 feet (2438 mm) above the sidewalk. Light transmitting plastic glazing complying with Section 2606 shall be permitted as glazing within such walls. Light-transmitting plastic skylight glazing complying with Section 2610 may be installed in the roofs of such enclosures.

3111.3 Awnings.

Awnings supported entirely from the building may be placed over unenclosed sidewalk cafes provided they are not less than 8 feet (2438 mm) clear above the sidewalk and within the limits specified by the Commissioner of the Department of Consumer and Worker Protection. Such awnings shall be in compliance with Section 3105 of this code.

3111.4 Obstructions prohibited.

No part of any awning, enclosure, fixture, equipment or removable platform of a sidewalk cafe shall be located:

1. Beneath a fire escape so as to obstruct operation of fire escape drop ladders or counter-balanced stairs;

2. So as to obstruct any exit from a building;

3. So as to obstruct any cellar access hatch or areaway;

4. So as to interfere with any vent or other mechanical ventilation outlet or inlet; or

5. So as to interfere with or obscure any standpipe connections, hydrant or associated signage in any way that would hinder its use by the fire department.

Exception: Upon special application, the commissioner may permit an easily removable, prominently designated platform, designed in accordance with Section 3111.5, to cover a cellar entrance or areaway that is not used as a required means of egress.

3111.5 Removable platforms.

Removable platforms of sidewalk cafes shall be constructed in accordance with the requirements of this section.

3111.5.1 Continuity.

Removable platforms shall be constructed to provide for a continuous unbroken and level floor without openings or cracks so as to prevent any material or liquid from falling through to the area beneath.

3111.5.2 Maintenance.

No papers, trash or other materials may be permitted to accumulate in the area beneath the floor of any removable platform.

3111.6 Accessibility.

Sidewalk cafes and access thereto shall comply with Chapter 11.

3111.7 Assembly seating.

Unless separated from seating inside the building by fire partitions complying with Section 713, the seating for enclosed sidewalk cafes shall be added to that inside the building in order to determine whether a place of assembly certificate of operation is required.

3111.8 Rules.

In addition to the requirements specified herein, the commissioner may promulgate such additional rules necessary to secure safety.