{"data":{"id":"us-nyc/n.y.c.-admin.-code-bc-402","jurisdiction":"us-nyc","citation":"N.Y.C. Admin. Code § BC 402","heading":"Section BC 402: Covered Mall and Open Mall Buildings","body":"402.1 Applicability.\n\nThe provisions of this section shall apply to buildings or structures defined herein as covered or open mall buildings not exceeding three floor levels at any point nor more than three stories above grade plane. Except as specifically required by this section, covered and open mall buildings shall meet applicable provisions of this code.\n\nExceptions:\n\n1. Foyers and lobbies of Groups B, R-1 and R-2 are not required to comply with this section.\n\n2. Buildings need not comply with the provisions of this section where they fully comply with other applicable provisions of this code.\n\n402.1.1 Occupancy classification.\n\nA mall in compliance with the provisions of this section shall be classified as occupancy Group M.\n\n402.1.2 Open space.\n\nA covered mall building and attached anchor buildings and parking garages shall be surrounded on all sides by a permanent open space of not less than 60 feet (18 288 mm). An open mall building and anchor buildings and parking garages adjoining the perimeter line shall be surrounded on all sides by a permanent open space of not less than 60 feet (18 288 mm).\n\nException: The permanent open space of 60 feet (18 288 mm) shall be permitted to be reduced to not less than 40 feet (12 192 mm), provided the following requirements are met:\n\n1. The reduced open space shall not be allowed for more than 75 percent of the perimeter of the covered mall building and anchor buildings or of the perimeter line of the open mall building and anchor buildings;\n\n2. The exterior wall facing the reduced open space shall have a fire-resistance rating of not less than three hours;\n\n3. Openings in the exterior wall facing the reduced open space shall have opening protectives with a fire protection rating of not less than three hours; and\n\n4. Group E, H, I or R occupancies are not located within the covered or open mall building or anchor buildings.\n\n402.1.3 Open mall building perimeter line.\n\nFor the purpose of this code, a perimeter line shall be established. The perimeter line shall encircle all buildings and structures that comprise the open mall building and shall encompass any open-air interior walkways, open-air courtyards or similar open-air spaces. The perimeter line shall define the extent of the open mall building. Anchor buildings and parking structures shall be outside of the perimeter line and are not considered as part of the open mall building.\n\n402.2 Definitions.\n\nThis section contains terms defined elsewhere in this code, and terms with definitions that are specific to this section.\n\n402.2.1 Terms defined elsewhere in this code.\n\nThe following terms are defined in Chapter 2:\n\nANCHOR BUILDING.\n\nCOVERED MALL BUILDING.\n\nMall.\n\nOpen mall.\n\nOpen mall building.\n\n402.2.2 Definitions specific to this section.\n\nThe following terms shall, for the purposes of this section, have the meanings shown herein:\n\nFOOD COURT. A Public seating area located in the mall that serves adjacent food preparation tenant spaces.\n\nGROSS LEASABLE AREA. The total floor area designed for tenant occupancy and exclusive use. The area of tenant occupancy is measured from the centerlines of joint partitions to the outside of the tenant walls. All tenant areas, including areas used for storage, shall be included in calculating gross leasable area.\n\n402.3 Fire protection plan.\n\nA fire protection plan shall be provided to the Fire Department pursuant to Article 109 of Title 28.\n\n402.4 Construction.\n\nThe construction of covered and open mall buildings, anchor buildings and parking garages associated with a mall building shall comply with Sections 402.4.1 through 402.4.3.\n\n402.4.1 Area and types of construction.\n\nThe building area and type of construction of covered mall or open mall buildings, anchor buildings and parking garages shall comply with this section.\n\n402.4.1.1 Covered and open mall buildings.\n\nCovered and open mall buildings shall be of Type I, II or IV construction. The height of covered mall buildings of Type IIB construction shall be limited to one story. The areas of covered mall buildings or open mall buildings shall not be limited provided that the covered mall building or open mall building and attached anchor buildings and parking garages are surrounded on all sides by a permanent open space in accordance with Section 402.1.2.\n\n402.4.1.2 Anchor buildings.\n\nAnchor buildings shall be of Type I, II or IV construction. The height of anchor buildings, of Type IIB construction, shall be limited to one story. The allowable height and area of anchor buildings greater than three stories in height shall comply with Section 503, as modified by Sections 504 and 506.\n\n402.4.1.3 Parking garage.\n\nThe building area and building height of any parking garage, open or enclosed, shall be based on the type of construction as required by Sections 406.5 and 406.6, respectively.\n\n402.4.2 Fire-resistance-rated separation.\n\nFire-resistance-rated separation is not required between tenant spaces and the mall. Fire-resistance-rated separation is not required between a food court and adjacent tenant spaces or the mall.\n\n402.4.2.1 Tenant separations.\n\nEach tenant space shall be separated from other tenant spaces by a fire partition complying with Section 708. A tenant separation wall is not required between any tenant space and the mall.\n\n402.4.2.2 Anchor building separation.\n\nAn anchor building shall be separated from the covered or open mall building by fire walls complying with Section 706.\n\nExceptions:\n\n1. Anchor buildings of not more than three stories above grade that have an occupancy classification of the same uses permitted as tenants of the covered mall building shall be separated by 2-hour fire-resistance-rated fire barriers complying with Section 707. Openings between such buildings and the mall need not be protected.\n\n2. The exterior walls of anchor buildings separated from an open mall building by an open mall shall comply with Table 602.\n\n402.4.2.3 Parking garages.\n\nAn attached garage for the storage of passenger vehicles having a capacity of not more than nine persons and open parking garages shall be considered as a separate building where it is separated from the covered or open mall building or anchor building by not less than 2-hour fire barriers constructed in accordance with Section 707 or horizontal assemblies constructed in accordance with Section 711, or both. Parking garages, open or enclosed, which are separated from covered mall buildings, open mall buildings or anchor buildings, shall comply with the provisions of Table 602. Pedestrian walkways and tunnels that connect garages to the mall buildings or anchor buildings shall be constructed in accordance with Section 3104.\n\n402.4.3 Open mall construction.\n\nFloor assemblies in, and roof assemblies over, the open mall of an open mall building shall be open to the atmosphere for not less than 20 feet (9096 mm), measured perpendicular from the face of the tenant spaces on the lowest level, from edge of balcony to edge of balcony on upper floors and from edge of roof line to edge of roof line. The openings within, or the unroofed area of, an open mall shall extend from the lowest/grade level of the open mall through the entire roof assembly. Balconies on upper levels of the mall shall not project into the required width of the opening.\n\n402.4.3.1 Pedestrian walkways.\n\nPedestrian walkways connecting balconies in an open mall shall be located not less than 20 feet (9096 mm) from any other pedestrian walkway.\n\n402.5 Automatic sprinkler system.\n\nCovered and open mall buildings and buildings connected shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1, which shall comply with all of the following:\n\n1. The automatic sprinkler system shall be complete and operative throughout occupied space in the mall building prior to occupancy of any of the tenant spaces. Unoccupied tenant spaces shall be similarly protected unless provided with approved alternative protection.\n\n2. Sprinkler protection for the mall of a covered mall building shall be controlled independently from that provided for tenant spaces or anchor buildings.\n\n3. Sprinkler protection for the tenant spaces of an open mall building shall be controlled independently from that provided for anchor buildings.\n\n4. Sprinkler protection shall be provided beneath exterior circulation balconies located adjacent to an open mall.\n\n5. Where tenant spaces are supplied by the same system, they shall be independently controlled.\n\nException: An automatic sprinkler system shall not be required in spaces or areas of open parking garages separated from the covered or open mall building in accordance with Section 402.4.2.3 and constructed in accordance with Section 406.5.\n\n402.6 Interior finishes and features.\n\nInterior finishes within the mall and installations within the mall shall comply with Sections 402.6.1 through 402.6.4.\n\n402.6.1 Interior finish.\n\nInterior wall and ceiling finishes within the mall of a covered mall building and within the exits of covered or open mall buildings shall have a minimum flame spread index and smoke-developed index of Class B in accordance with Chapter 8. Interior floor finishes shall meet the requirements of Section 804.\n\n402.6.2 Kiosks.\n\nKiosks and similar structures (temporary or permanent) located within the mall of a covered mall building or within the perimeter line of an open mall building shall meet the following requirements:\n\n1. Combustible kiosks or other similar structures shall not be located within a covered or open mall unless constructed of any of the following materials:\n\n1.1. Fire-retardant-treated wood complying with Section 2303.2.\n\n1.2. Foam plastics having a maximum heat release rate not greater than 100 kW (105 Btu/h) when tested in accordance with the exhibit booth protocol in UL 1975 or when tested in accordance with NFPA 289 using the 20 kW ignition source.\n\n1.3. Aluminum composite material (ACM) having a flame spread index of not more than 25 and a smoke-developed index of not more than 450 when tested as an assembly in the maximum thickness intended for use in accordance with ASTM E 84 or UL 723.\n\n2. Covered kiosks or similar covered structures located within the covered mall building shall be provided with an approved automatic sprinkler system and detection devices where required by the New York City Fire Code and Section 903.3.3 of this code.\n\n3. The horizontal separation between kiosks or groupings thereof and other similar structures within the mall shall be not less than 20 feet (6096 mm).\n\n4. Each kiosk or similar structure or groupings thereof shall have an area not greater than 300 square feet (28 m\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t2\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t).\n\n402.6.3 Children's play structures.\n\nChildren's play structures located within the mall of a covered mall building or within the perimeter line of an open mall building shall comply with Section 424. The horizontal separation between children's play structures, kiosks and similar structures within the mall shall be not less than 20 feet (6096 mm).\n\n402.6.4 Plastic signs.\n\nPlastic signs affixed to the storefront of any tenant space facing a mall or open mall shall be limited as specified in Sections 402.6.4.1 through 402.6.4.5.\n\n402.6.4.1 Area.\n\nPlastic signs shall be not more than 20 percent of the wall area facing the mall.\n\n402.6.4.2 Height and width.\n\nPlastic signs shall be not greater than 36 inches (914 mm) in height, except that where the sign is vertical, the height shall be not greater than 96 inches (2438 mm) and the width shall be not greater than 36 inches (914 mm).\n\n402.6.4.3 Location.\n\nPlastic signs shall be located not less than 18 inches (457 mm) from adjacent tenants.\n\n402.6.4.4 Plastics other than foam plastics.\n\nPlastics other than foam plastics used in signs shall be light-transmitting plastics complying with Section 2606.4 or shall have a self-ignition temperature of 650°F (343°C) or greater when tested in accordance with ASTM D 1929, and a flame spread index not greater than 75 and smoke-developed index not greater than 450 when tested in the manner intended for use in accordance with ASTM E 84 or UL 723 or meet the acceptance criteria of Section 803.1.2.1 when tested in accordance with NFPA 286.\n\n402.6.4.4.1 Encasement.\n\nEdges and backs of plastic signs in the mall shall be fully encased in metal.\n\n402.6.4.5 Foam plastics.\n\nFoam plastics used in signs shall have flame-retardant characteristics such that the sign has a maximum heat-release rate of 150 kilowatts when tested in accordance with UL 1975 or when tested in accordance with NFPA 289 using the 20 kW ignition source, and the foam plastics shall have the physical characteristics specified in this section. Foam plastics used in signs installed in accordance with Section 402.6.4 shall not be required to comply with the flame spread and smoke-developed indices specified in Section 2603.3.\n\n402.6.4.5.1 Density.\n\nThe density of foam plastics used in signs shall be not less than 20 pounds per cubic foot (pcf) (320 kg/m\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t3\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t).\n\n402.6.4.5.2 Thickness.\n\nThe thickness of foam plastic signs shall be not greater than 1/2 inch (12.7 mm).\n\n402.7 Emergency systems.\n\nCovered and open mall buildings, anchor buildings and associated parking garages shall be provided with emergency systems complying with Sections 402.7.1 through 402.7.5.\n\n402.7.1 Standpipe system.\n\nCovered and open mall buildings shall be equipped throughout with a standpipe system as required by Section 905.3.3.\n\n402.7.2 Smoke control.\n\nWhere a covered mall building contains an atrium, a smoke control system shall be provided in accordance with Section 404.5.\n\n402.7.3 Emergency power.\n\nCovered mall buildings greater than 50,000 square feet (4645 m\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t2\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t) in area and open mall buildings greater than 50,000 square feet (4645 m\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t2\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t) within the established perimeter line shall be provided with emergency power that is capable of operating the emergency voice/alarm communication system in accordance with Section 2702.\n\n402.7.4 Emergency voice/alarm communication system.\n\nWhere the total floor area is greater than 50,000 square feet (4645 m\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t2\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t) within either a covered mall building or within the perimeter line of an open mall building, an emergency voice/alarm communication system shall be provided. Emergency voice/alarm communication systems serving a mall, required or otherwise, shall be accessible to the fire department. The systems shall be provided in accordance with Section 907.5.2.2.\n\n402.7.5 Fire Department access to equipment.\n\nRooms or areas containing controls for air-conditioning systems, automatic fire-extinguishing systems, automatic sprinkler systems or other detection, suppression or control elements shall be identified for use by the Fire Department.\n\n402.8 Means of egress.\n\nCovered mall buildings, open mall buildings and each tenant space within a mall building shall be provided with means of egress as required by this section and this code. Where there is a conflict between the requirements of this code and the requirements of Sections 402.8.1 through 402.8.8, the requirements of Sections 402.8.1 through 402.8.8 shall apply.\n\n402.8.1 Mall width.\n\nFor the purpose of providing required egress, malls are permitted to be considered as corridors but need not comply with the requirements of Section 1005.1 of this code where the width of the mall is as specified in this section.\n\n402.8.1.1 Minimum width.\n\nThe aggregate clear egress width of the mall in either a covered or open mall building shall be not less than 20 feet (6096 mm). The mall width shall be sufficient to accommodate the occupant load served. No portion of the minimum required aggregate egress width shall be less than 10 feet (3048 mm) measured to a height of 8 feet (2438 mm) between any projection of a tenant space bordering the mall and the nearest kiosk, vending machine, bench, display opening, food court or other obstruction to means of egress travel.\n\n402.8.2 Occupant load.\n\nThe calculated occupant load used to determine the required number of means of egress shall be in accordance with this section.\n\n402.8.2.1 Occupant load of tenant spaces.\n\nThe occupant load permitted in any individual tenant space in a covered mall building shall be determined in accordance with Chapter 10. Means of egress requirements for individual tenant spaces shall be based on the occupant load thus determined.\n\n402.8.2.2 Occupant load of mall.\n\nIn determining required means of egress of the mall, the total occupant load in the mall shall include the occupant load attributed to the mall as determined by Section 402.8.2.3, plus the occupant load of the food court as determined by Section 402.8.2.5, if any.\n\n402.8.2.3 Occupant load formula.\n\nTo determine the occupant load attributed to the mall, the gross leasable area (square feet), excluding any food court and anchor buildings, shall be divided by the occupant load factor (OLF) value determined by Equation 4-1.\n\nOLF = (0.00007)(GLA) + 25 \n\t\t\t\t\t\t\t\t\t\t\t\t\t \n\t\t\t\t\t\t\t\t\t\t\t\t\t(Equation 4-1)\n\nwhere:\n\nOLF = The occupant load factor (square feet per person).\n\nGLA = The gross leasable area (square feet).\n\nException: Tenant spaces attached to a covered mall building but with a means of egress system that is totally independent of the covered mall building shall not be considered as gross leasable area for determining the required means of egress for the covered mall building.\n\n402.8.2.4 OLF range.\n\nThe occupant load factor (OLF) is not required to be less than 30 and shall not exceed 50.\n\n402.8.2.5 Food courts.\n\nThe occupant load of a food court shall be determined in accordance with Section 1004 and shall be added to the occupant load of the mall.\n\n402.8.2.6 Anchor buildings.\n\nThe occupant load of anchor buildings opening into the mall shall not be included in computing the total number of occupants for the covered mall building.\n\n402.8.3 Number of means of egress.\n\nThe required number of means of egress shall be determined in accordance with this section.\n\n402.8.3.1 Number of means of egress within tenant spaces.\n\nWherever the distance of travel to the mall from any location within a tenant space used by persons other than employees exceeds 75 feet (22 860 mm) or the tenant space exceeds an occupant load of 74, no fewer than two means of egress shall be provided.\n\n402.8.3.2 Number of means of egress from the mall.\n\nThe number of means of egress from the mall shall be determined in accordance with Chapter 10 and shall be based upon an occupant load calculated in accordance with Section 402.8.2.\n\n402.8.4 Arrangements of means of egress.\n\nMeans of egress shall be arranged in accordance with this section.\n\n402.8.4.1 Anchor building means of egress.\n\nRequired means of egress for anchor buildings shall be provided independently from the mall means of egress system. The occupant load of anchor buildings opening into the mall shall not be included in determining means of egress requirements for the mall. The path of egress travel of malls shall not exit through anchor buildings. Malls terminating at an anchor building where no other means of egress has been provided shall be considered as a dead-end mall.\n\n402.8.4.2 Tenant spaces requiring more than one means of egress.\n\nWhere more than one means of egress is required from an individual tenant space as determined by Chapter 10, not more than 50 percent of the occupant load shall discharge into the mall.\n\n402.8.4.3 Large assembly occupancy.\n\nAssembly occupancies with an occupant load of 500 or more shall be so located in the covered mall building such that their entrance will be immediately adjacent to a principal entrance to the mall and shall have not less than one-half of their required means of egress opening directly to the exterior of the covered mall building.\n\n402.8.5 Distance to exits.\n\nWithin each individual tenant space in a covered or open mall building, the distance of travel from any point to an exit or entrance to the mall shall be not greater than 200 feet (60 960 mm). The distance of travel from any point within a mall of a covered mall building to an exit shall be not greater than 200 feet (60 960 mm). The maximum distance of travel from any point within an open mall to the perimeter line of the open mall building shall be not greater than 200 feet (60 960 mm).\n\n402.8.6 Access to exits.\n\nWhere more than one exit is required, they shall be so arranged that it is possible to travel in either direction from any point in a mall of a covered mall building to separate exits or from any point in an open mall of an open mall building to two separate locations on the perimeter line, provided neither location is an exterior wall of an anchor building or parking garage. The width of an exit passageway or corridor from a mall shall be not less than 66 inches (1676 mm).\n\nException: Access to exits is permitted by way of a dead-end mall that does not exceed a length equal to twice the width of the mall measured at the narrowest location within the dead-end portion of the mall.\n\n402.8.6.1 Exit passageway enclosures.\n\nWhere exit passageway enclosures provide a secondary means of egress from a tenant space, doors to the exit passageway enclosures shall be minimum 1-hour fire doors with panic hardware. Such doors shall be self-closing and be so maintained or shall be automatic closing by smoke detection.\n\n402.8.7 Service areas fronting on exit passageways.\n\nMechanical rooms, electrical rooms, building service areas and service elevators are permitted to open directly into exit passageways provided that the exit passageway is separated from such rooms by fire barriers providing the same fire-resistance rating as required for the exit passageway. Door swings from these rooms shall not project into the minimum width of such exit passageways.\n\n402.8.8 Security grilles and doors.\n\nHorizontal sliding or vertical security grilles or doors that are a part of a required means of egress shall conform to the following:\n\n1. Doors and grilles shall remain in the full open position during the period of occupancy by the general public.\n\n2. Doors or grilles shall not be brought to the closed position when there are 10 or more persons occupying spaces served by a single exit or 50 or more persons occupying spaces served by more than one exit.\n\n3. The doors or grilles shall be openable from within without the use of any special knowledge or effort where the space is occupied.\n\n4. Where two or more exits are required, not more than one-half of the exits shall be permitted to include either a horizontal sliding or vertical rolling grille or door.","path":["New York City Administrative Code","Title 28","Chapter 7: New York City Building Code"],"source_url":"https://files.amlegal.com/pdffiles/NewYorkCity/Admin/XML.zip","current_through":"Local Law 2026/135 (enacted August 31, 2026)","vintage":"","retrieved_at":"2026-09-06T02:48:57Z","sha256":"7a57efbb196c6a59cd7418647ef0183ff867b191f9d8d3af53529fe6e45d92ff","source_id":"us-nyc","stale":false,"prev":"us-nyc/n.y.c.-admin.-code-bc-401","next":"us-nyc/n.y.c.-admin.-code-bc-403"},"notice":"GroundRules: Original legal text. Not legal advice."}