N.Y.C. Admin. Code § BC 406: Section BC 406: Motor Vehicle-Related Occupancies

406.1 General.

Motor-vehicle-related occupancies shall comply with Sections 406.1 through 406.8.

406.2 Definitions.

The following terms are defined in Chapter 2:

CARPORT.

DIRECT CURRENT FAST CHARGING STATION.

ELECTRIC VEHICLE LOAD MANAGEMENT SYSTEM.

ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE).

LEVEL 2 CHARGING STATION.

MECHANICAL-ACCESS OPEN PARKING GARAGE.

OPEN PARKING GARAGE.

PRIVATE GARAGE.

RAMP-ACCESS OPEN PARKING GARAGE.

406.3 Private garages and carports.

Private garages and carports shall comply with Sections 406.3.1 through 406.3.5.

406.3.1 Classification.

Private garages and carports shall be classified as Group U occupancy.

406.3.2 Clear height.

In private garages and carports, the clear height in vehicle and pedestrian traffic areas shall be not less than 7 feet (2134 mm). Vehicle and pedestrian areas accommodating van-accessible parking shall comply with Section 1106.5.

406.3.3 Floor construction.

Private garage and carport floors shall be of concrete or equivalent noncombustible material that will not absorb flammable liquids. The area of floor used for parking of vehicles shall be sloped to facilitate the movement of liquids to a drain. The sills of all door openings connecting a dwelling unit to a private garage shall be raised at least 4 inches (102 mm) above the floor level of the garage.

Exception: Asphalt surfaces shall be permitted at ground level in carports.

406.3.3.1 Ramps.

Ramps shall have a gradient not exceeding one in seven, with nonslip surfaces, and shall be located entirely within the property line. However, upon application to the commissioner, steeper gradients may be accepted, but in no event greater than one in three.

406.3.4 Separation.

Separations shall comply with the following:

1. The private garage shall be separated from the dwelling unit and its attic area by means of a minimum 1-hour fire-rated construction. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than 1-hour fire-rated construction. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted.

2. No air used for heating, cooling, or ventilation shall be circulated through private garages to dwelling areas.

3. A separation is not required between a Group R-3 occupancy and a carport, provided the carport does not have any enclosed areas above.

4. For free standing private garages where the fire separation distance from the nearest exterior wall is less than 5 feet, such exterior walls shall have a fire-resistance rating not less than one hour.

406.3.5 Automatic garage door openers.

Automatic garage door openers, if provided, shall be listed in accordance with UL 325.

406.4 Public parking garages.

Parking garages, other than private parking garages, shall be classified as public parking garages and shall comply with the provisions of Sections 406.4.2 through 406.4.10 and shall be classified as either an open parking garage or an enclosed parking garage. Open parking garages shall also comply with Section 406.5. Enclosed parking garages shall also comply with Section 406.6. See Section 510 for special provisions for parking garages.

406.4.1 Clear height.

The clear height of each floor level in vehicle and pedestrian traffic areas shall be not less than 7 feet (2134 mm). Vehicle and pedestrian areas accommodating van-accessible parking shall comply with Section 1106.5.

406.4.2 Guards.

Guards shall be provided in accordance with Section 1015. Guards serving as vehicle barrier systems shall comply with Sections 406.4.3 and 1015.

406.4.3 Vehicle barrier systems.

Vehicle barriers not less than 2 feet 9 inches (835 mm) in height shall be placed where the vertical distance from the floor of a drive lane or parking space to the ground or surface directly below is greater than 1 foot (305 mm). Vehicle barriers shall comply with the loading requirements of Section 1607.9.

Exception: Vehicle barriers are not required in vehicle storage compartments in a mechanical access parking garage.

406.4.4 Ramps.

Ramps shall have a gradient not exceeding one in seven, with non-slip surfaces. A level landing having a minimum dimension of 20 feet (6096 mm) shall be provided at the discharge point of all ramps at the street level, within the property line. Ramps used for the movement of motor vehicles need not be enclosed when serving tiers above grade. Vehicle ramps may serve as part of a means of egress in accordance with Section 1006.4.

406.4.5 Floor surface.

Parking surfaces shall be of concrete or similar noncombustible and nonabsorbent materials. The area of floor used for parking of vehicles shall be sloped to facilitate the movement of liquids to a drain.

Exceptions:

1. Asphalt parking surfaces shall be permitted at ground level.

2. Floors of Group S-2 parking garages shall not be required to have a sloped surface.

406.4.6 Separation.

Parking garages shall be separated from other occupancies in accordance with Section 508.1.

406.4.7 Special hazards.

Connection of a parking garage with any room in which there is a fuel-fired appliance shall be by means of a vestibule providing a two-doorway separation. Such vestibule and doorway shall be minimum 1-hour rated construction.

Exception: A single door shall be allowed provided the sources of ignition in the appliance are not less than 18 inches (457 mm) above the floor.

406.4.8 Attached to rooms.

Openings from a parking garage directly into a room used for sleeping purposes shall not be permitted.

406.4.9 Fire-fighter aisles.

In any parking garage or lot, one or more aisles, at least 24 inches (610 mm) in width, shall be provided to permit access by fire fighting personnel to all parts of the garage or lot. There shall not be more than three rows of parked motor vehicles between aisles.

406.4.10 Electric vehicle supply equipment (EVSE).

A new parking garage and a parking garage in an existing structure undergoing such significant alterations as established by the department by rule shall be capable of supporting EVSE in accordance with this section. At least 20 percent of the parking spaces of the garage shall be equipped with level 2 charging stations. At least 60 percent of the parking spaces of the garage shall be capable of supporting EVSE. The installation of 1 direct current fast charging station shall be considered the equivalent of 10 level 2 charging stations, and the installation of direct current fast charging stations shall not be used to satisfy more than 50 percent of the level 2 charging stations required for purposes of compliance with this section. This amount of electrical capacity may be coupled with an electric vehicle load management system to distribute power to a greater percentage of spaces at lower amperage as EVSE penetration increases above 40 percent of parking spaces. All components and work appurtenant thereto, including ventilation system(s), shall be in accordance with the New York City Electrical Code and the New York City Mechanical Code.

Exceptions:

1. The commissioner may waive compliance with this section if the commissioner determines that the parking garage is a temporary facility that will be in service no longer than 3 years.

2. The commissioner, upon consultation with the commissioner of housing preservation and development, shall grant a waiver of the requirements of this section for a parking garage within or appurtenant to a multiple dwelling in which 100 percent of dwelling units are required, pursuant to a federal, state, or local law, rule, or program to be affordable for tenants or owners where the occupant’s income relative to the area median income does not exceed a fixed percentage or percentages, and that is subject to an actual or anticipated agreement with a federal, state, or local governmental entity for the purposes of providing affordable housing in a given locality or region.

3. The commissioner of citywide administrative services may waive or adjust compliance with this section for parking garages on city owned or leased real property or the New York city housing authority may waive or adjust compliance with respect to real property owned or leased by such authority where such commissioner or authority, as applicable, determines that the installation of EVSE to the extent required by this section is not feasible for budgetary, operational, or programmatic reasons with respect to the ongoing citywide installation of EVSE or with respect to the issuance of a license or lease to a private person or entity to operate a parking garage.

4. The commissioner may waive or adjust compliance with this section if the commissioner finds that, upon submission of evidence from the owner, the provisions present an undue hardship resulting from technical infeasibility, including but not limited to:

4.1. The parking garage utilizes equipment that enables vehicles to be parked vertically and the owner demonstrates that such vertical parking would make the use of EVSE infeasible, provided an adjustment may be granted so that only spaces where EVSE could feasibly be used will be required to do so to the maximum extent practicable to meet the requirements under this section; or

4.2. The owner provides evidence that compliance with this section would compromise the structural integrity of the parking garage.

406.5 Open parking garages.

Open parking garages shall comply with Sections 406.5.1 through 406.5.11.

406.5.1 Construction.

Open parking garages shall be of Type I, II or IV construction. Open parking garages shall meet the design requirements of Chapter 16. For vehicle barriers, see Section 406.4.3.

406.5.2 Openings.

For natural ventilation purposes, the exterior side of the structure shall have uniformly distributed openings on two or more sides. The area of such openings in exterior walls on a tier shall be not less than 20 percent of the total perimeter wall area of each tier. The aggregate length of the openings considered to be providing natural ventilation shall be not less than 40 percent of the perimeter of the tier. Interior walls shall be not less than 20 percent open with uniformly distributed openings.

Exception: Openings are not required to be distributed over 40 percent of the building perimeter where the required openings are uniformly distributed over two opposing sides of the building.

406.5.2.1 Openings below grade.

Where openings below grade provide required natural ventilation, the outside horizontal clear space shall be 1 1/2 times the depth of the opening. The width of the horizontal clear space shall be maintained from grade down to the bottom of the lowest required opening.

406.5.3 Uses.

Mixed uses shall be allowed in the same building as an open parking garage subject to the provisions of Sections 402.4.2.3, 406.5.11, 508.1, 510.3, 510.4 and 510.7.

406.5.4 Area and height.

Area and height of open parking garages shall be limited as set forth in Chapter 5 for Group S-2 occupancies.

Table 406.5.4 Open Parking Garages Area and Height

Type of Construction

Area Per Tier (square feet)

Height (in tiers)

Ramp Access

Mechanical Access

Automatic Sprinkler System

No

Yes 

1A

Unlimited

Unlimited

Unlimited

Unlimited

IB

Unlimited

12 tiers

12 tiers

18 tiers

IIA

50,000

10 tiers

10 tiers

15 tiers

IIB

50,000

8 tiers

8 tiers

12 tiers

IV

50,000

4 tiers

4 tiers

4 tiers

For SI: 1 square foot = 0.0929 m

2

.

406.5.4.1 Single use.

Where the open parking garage is used exclusively for the parking or storage of private motor vehicles, with no other uses in the building, the area and height shall be permitted to comply with Table 406.5.4.

Exception: The grade-level tier is permitted to contain an office, waiting and toilet rooms having a total combined area of not more than 1,000 square feet (93 m

2

). Such area need not be separated from the open parking garage.

In open parking garages having a spiral or sloping floor, the horizontal projection of the structure at any cross section shall not exceed the allowable area per parking tier. In the case of an open parking garage having a continuous spiral floor, each 9 feet 6 inches (2896 mm) of height, or portion thereof, shall be considered a tier.

The clear height of a parking tier shall be not less than 7 feet (2134 mm), except that a lower clear height is permitted in mechanical-access open parking garages where approved by the commissioner.

406.5.5 Area and height increases.

The allowable area and height of open parking garages shall be increased in accordance with the provisions of this section. Garages with sides open on three-fourths of the building's perimeter are permitted to be increased by 25 percent in area and one tier in height. Garages with sides open around the entire building's perimeter are permitted to be increased by 50 percent in area and one tier in height. For a side to be considered open under the above provisions, the total area of openings along the side shall not be less than 50 percent of the interior area of the side at each tier and such openings shall be equally distributed along the length of the tier. For purposes of calculating the interior area of the side, the height shall not exceed 7 feet (2134 mm).

Allowable tier areas in Table 406.5.4 shall be increased for open parking garages constructed to heights less than the table maximum. The gross tier area of the garage shall not exceed that permitted for the higher structure. No fewer than three sides of each such larger tier shall have continuous horizontal openings not less than 30 inches (762 mm) in clear height extending for not less than 80 percent of the length of the sides and no part of such larger tier shall be more than 200 feet (60 960 mm) horizontally from such an opening. In addition, each such opening shall face a street or yard accessible to a street with a width of not less than 30 feet (9144 mm) for the full length of the opening, and standpipes shall be provided in each such tier.

Open parking garages of Type II construction, with all sides open, shall be unlimited in allowable area where the building height does not exceed 75 feet (22 860 mm). For a side to be considered open, the total area of openings along the side shall be not less than 50 percent of the interior area of the side at each tier and such openings shall be equally distributed along the length of the tier. All portions of tiers shall be within 200 feet (60 960 mm) horizontally from such openings or other natural ventilation openings as defined in Section 406.3.3.1. These openings shall be permitted to be provided in courts with a minimum dimension of 20 feet (6096 mm) for the full width of the openings.

406.5.6 Fire separation distance.

Exterior walls and openings in exterior walls shall comply with Tables 601 and 602. The distance from an adjacent property line shall be determined in accordance with Table 602 and Section 705.

406.5.7 Means of egress.

Open parking garages shall meet the means of egress requirements of Chapter 10. However, where no persons other than parking attendants are permitted, required exit stairways shall not be less than 36 inches (914 mm) wide.

406.5.8 Standpipes.

Standpipes shall be installed where required by the provisions of Section 905.

406.5.9 Enclosure of vertical openings.

Enclosure shall not be required for vertical openings.

406.5.10 Ventilation.

Openings specified in Section 406.5.2 shall satisfy natural ventilation requirements. Additional mechanical ventilation shall not be required.

406.5.11 Prohibitions.

The following uses and alterations are not permitted:

1. Vehicle repair work.

2. Parking of commercial vehicles, buses, trucks and similar vehicles.

3. Partial or complete closing of required openings in exterior walls by tarpaulins or any other means.

4. Dispensing of fuel.

406.6 Enclosed parking garages.

Parking garages and portions thereof that do not meet the definition of open parking garages shall be classified as an enclosed parking garage and shall meet the requirements of this section.

406.6.1 Heights and areas.

Enclosed parking garages shall be limited to the allowable heights and areas specified in Chapter 5. Permitted roof parking shall not be considered as a separate story.

406.6.2 Ventilation.

A mechanical ventilation system shall be provided in accordance with the New York City Mechanical Code.

406.6.3 Automatic sprinkler system.

Automatic sprinkler systems and standpipes shall be installed in accordance with the provisions of Section 903. An automatic dry sprinkler system may be installed in unheated garages.

406.6.4 Means of egress.

Enclosed parking garages shall meet the means of egress requirements of Chapter 10.

406.7 Motor fuel-dispensing facilities.

Motor fuel-dispensing facilities shall be designed and constructed in accordance with the New York City Fire Code and Sections 406.7.1 through 406.7.3 of this code.

406.7.1 Vehicle fueling pad.

The vehicle shall be fueled on noncoated concrete or other approved paving material having a resistance not exceeding 1 megohm as determined by the methodology in CEN 1081.

406.7.2 Canopies.

Canopies under which fuels are dispensed shall have a clear, unobstructed height of not less than 14 feet (4267 mm) to the lowest projecting element in the vehicle drive-through area. Canopies and their supports over pumps shall be of noncombustible materials. However, panels constructed of light-transmitting plastic materials shall be permitted to be installed in canopies erected over motor vehicle fuel-dispensing station fuel dispensers, provided the panels are located not less than 10 feet (3048 mm) from any building on the same property and face yards or streets not less than 40 feet (12 192 mm) in width on the other sides. The aggregate areas of plastics shall be not greater than 1,000 square feet (93 m

2

). The maximum area of any individual panel shall shall be not greater than 100 square feet (9.3 m

2

).

406.7.2.1 Canopies used to support gaseous hydrogen systems.

Where flammable compressed gases are permitted by the New York City Fire Code to be located on the roof of a canopy that is used to shelter dispensing operations, such canopy shall be in accordance with the following:

1. The canopy shall meet or exceed Type I construction requirements.

2. Operations located under canopies shall be limited to refueling only.

3. The canopy shall be constructed in a manner that prevents the accumulation of hydrogen gas.

406.7.3 Storage tanks.

Motor fuel storage tanks shall be installed below ground, except as authorized by the rules of the Fire Department. The installation and venting of storage tanks shall be in accordance with the rules of the Fire Department and the requirements of the New York City Fire Code. Storage tanks installed below ground shall comply with the following:

1. The top of the storage tanks shall be at least 24 inches (below finished grade and at least 24 inches (610 mm) below the level of any cellar or basement floor within 10 feet (3048 mm) of the tanks.

2. Storage tanks shall be located so that the forces from any building foundation and support loads are not transmitted to the tanks. The distance from any part of a storage tank to the nearest wall of any basement, pit or cellar, or from any property line that may be built upon, shall not be less than 36 inches (914 mm).

3. Storage tanks shall be covered with a structurally supported reinforced concrete slab at least 8 inches (203 mm) thick, extending at least 12 inches (305 mm) beyond the horizontal outlines of the storage tanks, and placed over a cover of suitable clean backfill material. Such slab shall be designed and reinforced in accordance with ACI 318. All concrete shall have a minimum compressive strength of 4,000 pounds per square inch (27 580 kPa) at 28 days.

4. Storage tanks shall be placed on a 12-inch (305 mm) thick concrete base slab or installed in such other manner, secured against flotation, and approved by the department.

406.8 Repair garages.

Repair garages shall be constructed in accordance with the New York City Fire Code and Sections 406.8.1 through 406.8.6 of this code. This occupancy shall not include motor fuel-dispensing facilities, as regulated in Section 406.7.

406.8.1 Mixed uses.

Mixed uses shall be allowed in the same building as a repair garage subject to the provisions of Section 508.1.

406.8.2 Ventilation.

Repair garages shall be mechanically ventilated in accordance with the New York City Mechanical Code. The ventilation system shall be controlled at the entrance to the garage.

406.8.3 Floor surface.

Repair garage floors shall be of concrete or similar noncombustible and nonabsorbent materials.

Exception: Slip-resistant, nonabsorbent, interior floor finishes having a critical radiant flux not more than 0.45 W/cm

2

, as determined by NFPA 253, shall be permitted.

406.8.4 Heating equipment.

Heating equipment shall be installed in accordance with the New York City Mechanical Code.

406.8.5 Gas detection system.

Repair garages used for the repair of vehicles fueled by CNG, LNG, or hydrogen, shall be provided with an approved flammable gas-detection system.

406.8.5.1 System design.

The flammable gas-detection system shall be listed or approved and shall be calibrated to the types of fuels or gases used by vehicles to be repaired. The gas detection system shall be designed to activate when the level of flammable gas exceeds 25 percent of the lower flammable limit (LFL). Gas detection shall be provided in lubrication or chassis service pits of repair garages used for repairing nonodorized LNG-fueled vehicles.

406.8.5.1.1 Gas detection system components.

Gas detection system control units shall be listed and labeled in accordance with UL 864 or UL 2017. Gas detectors shall be listed and labeled in accordance with UL 2075 for use with the gases and vapors being detected.

406.8.5.2 Operation.

Activation of the gas detection system shall result in all of the following:

1. Initiation of distinct audible and visual alarm signals in the repair garage.

2. Deactivation of all heating systems located in the repair garage.

3. Activation of the mechanical ventilation and exhaust system, where the system is interlocked with gas detection.

406.8.5.3 Failure of the gas detection system.

Failure of the gas detection system shall result in the deactivation of the heating system, activation of the mechanical ventilation system where the system is interlocked with the gas detection system and cause a trouble signal to sound in an approved location.

406.8.6 Automatic sprinkler system.

A repair garage shall be equipped with an automatic sprinkler system in accordance with Section 903.2.4.2.

406.9 Open Parking Lots.

The provisions of this section shall govern the construction of open parking lots and to all such existing premises hereafter enlarged or changed in location.

406.9.1 Definitions.

The following term is defined in Chapter 2:

OPEN PARKING LOT.

406.9.2 Permit required.

Any premise intended to be occupied for the storage or sale of motor vehicles on an open parking lot shall require an application to be filed with the department in order to obtain a Certificate of Occupancy. Such Certificate of Occupancy shall indicate the maximum number of vehicles to be accommodated and the type of vehicle, whether private passenger or commercial, to be stored. An application for or including an open parking lot shall be accompanied by a plan exhibiting the following:

1. Dimensions of the lot and its location in relation to adjoining streets;

2. Any structure(s) existing or to be erected on the plot;

3. The relative elevations of the parking area, curbs and adjoining yards or courts;

4. Structures, retaining walls, and open spaces on adjoining premises;

5. Retaining walls to be built;

6. Location and dimensions of curb cuts, driveways, and enclosures;

7. Drainage diagram;

8. Specification of surfacing material;

9. Parking stall layout with dimensions;

10. Analysis exhibiting compliance with the New York City Zoning Resolution; and

11. Other information as may be requested by the commissioner.

A copy of the plan or diagram approved by the department shall be kept on the premises. Certified, reduced size, legible copies may be used for this purpose. When an attendant's shelter is provided on the parking lot, the Certificate of Occupancy issued shall be posted and maintained under glass in the shelter.

406.9.3 Locations prohibited.

All vehicular activities associated with the operation of open parking lots shall be entirely within the property lines of the premises. Vehicles shall not be permitted to encroach upon the sidewalks. No motor vehicle may be stored or parked in any location where it would obstruct a required window or required exit of any adjacent building.

406.9.4 Surfacing.

All driveways, parking stalls, and open spaces used for the parking or storage of motor vehicles shall be surfaced with concrete asphalt, or equivalent durable, dustless material.

406.9.4.1 Drainage.

Open parking lots shall be graded and maintained such that no drainage will flow onto abutting sidewalks and adjoining properties.

406.9.4.2 Non-porous surfaces.

Where the surface paving of an open parking lot is non-porous, such lot shall be drained as required by the New York City Plumbing Code.

406.9.4.3 Resurfacing.

Resurfacing of existing open parking lots shall comply with this section.

406.9.5 Curbs and bumpers.

Open parking lots shall be completely separated from adjoining premises and public sidewalks by curbs or bumpers of concrete, masonry, steel, heavy timber, or other similar and equally substantial materials, and shall be securely anchored so as to stop motor vehicles. Curbs and bumpers shall be at least 8 inches (203 mm) high and 8 inches (203 mm) wide.

406.9.5.1 Openings.

Openings in required perimeter curbs and bumpers shall be permitted only for drainage, for motor vehicle entrances and exits, and for pedestrian entrances and exits. The width of an opening for motor vehicle access shall not exceed the length of the curb cut, not including the lengths of the splays. When an opening for pedestrian access is adjacent to a motor vehicle access opening, the two openings shall be separated by a permanent and substantial post. In no case shall any pedestrian entrance or exit exceed 5 feet (1524 mm) in width.

406.9.6 Accessory uses and occupancies.

Parking lot offices, attendant shelters, storage facilities, and similar structures used in conjunction with open parking lots may be provided as an accessory use and shall comply with the applicable code provisions. Such accessory structures may be constructed of combustible materials subject to the limitations of Section D105.1 of Appendix D.

406.9.6.1 Motor fuel-dispensing facilities.

Motor fuel-dispensing facilities, accessory to open parking lots, shall comply with the requirements of the New York City Fire Code and Section 406.8 of this code. Motor fuel pumps shall be located at least 30 feet (9144 mm) from any parking space or interior lot line.

406.9.7 Special provisions applicable to large open parking lots.

Open parking lots storing ten or more motor vehicles shall also be subject to the special provisions of this section.

406.9.7.1 Curbs and bumpers.

Bumpers shall be situated not less than 1 foot (305 mm) from the perimeter edge of the open parking lot where vehicles are parked parallel to such perimeter edge, and not less than 4 feet (1219 mm) from the perimeter edge where vehicles are parked perpendicular to such perimeter edge. Openings shall be limited as provided for in Section 406.9.5.1.

Exception: A steel guardrail or other substantial barrier designed in accordance with the provisions of Section 1607.9, that will prevent any part of a vehicle from extending across a property line, may be accepted in lieu of bumpers.

406.9.7.2 Screen enclosures.

Open parking lots shall provide a perimeter screen enclosure as per this section unless otherwise required by the New York City Zoning Resolution. Such screen enclosure may be constructed as a masonry wall, woven wire fence, iron picket fence, or uniformly painted fence of fire-resistant material at least 4 feet (1219 mm) high, but not more than 8 feet (2438 mm) above finished grade, subject to the limitations of Section 3111. Such enclosures shall completely separate the lot from adjoining premises and public sidewalks. Openings shall be limited as provided for in Section 406.9.5.1.

Exception: Screening shall not be required for any portion of the lot adjacent to an existing wall located at the lot line.

406.9.7.3 Illumination.

Open parking lots operating between 6 p.m. and 6 a.m. shall be adequately illuminated to a minimum of 1 footcandle measured at grade level, distributed over the entire area. Illumination provided with reflectors or floodlights shall be arranged such that the illumination is directed downward and away from adjacent premises.

406.9.7.4 Fire fighter aisles.

In any open parking lot, one or more aisles, at least 24 inches (610 mm) in width, shall be provided to permit access by fire-fighting personnel to all parts of the garage or lot. There shall not be more than three rows of parked motor vehicles between aisles.

406.9.8 Electric vehicle supply equipment (EVSE).

A new open parking lot and an existing open parking lot on the same tax lot or appurtenant to a building owned by the same owner of such open parking lot undergoing such significant alterations as established by the department by rule shall be capable of supporting and be equipped with EVSE in accordance with this section. A minimum of 20 percent of the parking spaces in such an open parking lot shall be equipped with level 2 charging stations. At least 60 percent of the parking spaces of the lot shall be capable of supporting EVSE. The installation of 1 direct current fast charging station shall be considered the equivalent of 10 level 2 charging stations, and the installation of direct current fast charging stations shall not be used to satisfy more than 50 percent of the level 2 charging stations required for purposes of compliance with this section. This amount of electrical capacity may be coupled with an electric vehicle load management system to distribute power to a greater percentage of spaces at lower amperage as EVSE penetration increases above 40 percent of parking spaces. All components and work appurtenant thereto, including ventilation system(s), shall be in accordance with the New York City Electrical Code and the New York City Mechanical Code.

Exceptions:

1. The commissioner may waive compliance with this section if the commissioner determines that the open parking lot is a temporary facility that will be in service no longer than 3 years.

2. The commissioner, upon consultation with the commissioner of housing preservation and development, shall grant a waiver of the requirements of this section for a parking garage within or appurtenant to a multiple dwelling in which 100 percent of dwelling units are required, pursuant to a federal, state, or local law, rule, or program to be affordable for tenants or owners where the occupant’s income relative to the area median income does not exceed a fixed percentage or percentages, and that is subject to an actual or anticipated agreement with a federal, state, or local governmental entity for the purposes of providing affordable housing in a given locality or region.

3. The commissioner of citywide administrative services may waive or adjust compliance with this section for parking lots on city owned or leased real property or the New York city housing authority may waive or adjust compliance with respect to real property owned or leased by such authority where such commissioner or authority, as applicable, determines that the installation of EVSE to the extent required by this section is not feasible for budgetary, operational, or programmatic reasons with respect to the ongoing citywide installation of EVSE or with respect to the issuance of a license or lease to a private person or entity to operate a parking lot.

4. The commissioner may waive or adjust compliance with this section if the commissioner finds that, upon submission of evidence from the owner, the provisions present an undue hardship resulting from technical infeasibility, including but not limited to:

4.1. The open parking lot utilizes equipment that enables vehicles to be parked vertically and the owner demonstrates that such vertical parking would make the use of EVSE infeasible, provided an adjustment may be granted so that only spaces where EVSE could feasibly be used will be required to do so to the maximum extent practicable to meet the requirements under this section; or

4.2. The owner provides evidence that a waiver or adjustment is necessary in order to comply with Appendix G.

406.10 Curb cuts and driveways.

Except where specifically provided for in the New York City Zoning Resolution, all curb cuts and driveways shall be constructed in accordance with Sections 406.10.1 and 406.10.2. All sidewalks and driveways or portions thereof that are structurally supported shall be designed for loads prescribed in Chapter 16.

406.10.1 Curb cuts.

For the purpose of this section, a curb cut shall include all splays when determining the total length of cut curb. All curb cuts shall comply with the following requirements:

1. The aggregate length of curb cuts shall not exceed 60 percent of any street frontage 100 feet (30 480 mm) or less in length. No single curb cut shall exceed 30 feet (9144 mm) in length, and there shall not be more than two curb cuts on any street frontage 100 feet (30 480 mm) or less in length. The minimum distance between two curb cuts shall be 5 feet (1524 mm).

2. For each 50 feet (15 240 mm) of street frontage length over 100 feet (30 480 mm), an additional curb cut no greater than 30 feet (9144 mm) in length may be permitted.

3. No curb cut shall commence within 8 feet (2438 mm) of a side lot line.

Exceptions:

1. For open parking lots on corner lots and on lots with street frontage length of 50 feet (15 240 mm) or less, the curb cut may commence no less than 30 inches (762 mm) from the side lot line.

2. In open or enclosed parking garages where a level landing having a minimum dimension of 20 feet (6096 mm) is provided at the discharge point of all ramps at the street level within the property line, the curb cut may commence no less than 30 inches (762 mm) from a side lot line.

4. No curb cut, including splays, shall be less than 10 feet (3048 mm) in length.

406.10.2 Driveways.

Driveways serving passenger vehicles shall be a minimum of 8 feet (2438 mm) in width and shall not exceed the length of the curb cut, not including the lengths of the splays. For all other motor vehicles, the minimum width of driveways shall be 10 feet (3048 mm). Portions of the driveway located between the curb line and the lot line shall be paved in accordance with the requirements of the Department of Transportation for the construction of sidewalks.

406.11 Battery-powered industrial trucks, equipment and mobility devices.

Buildings or portions thereof that contain or store battery-powered industrial trucks, equipment and mobility devices shall be designed and constructed in accordance with Section 309.3 of the New York City Fire Code.