{"data":{"id":"us-nyc/n.y.c.-admin.-code-bc-510","jurisdiction":"us-nyc","citation":"N.Y.C. Admin. Code § BC 510","heading":"Section BC 510: Special Provisions","body":"510.1 General.\n\nThe provisions in Sections 510.2 through 510.10 shall permit the use of special conditions that are exempt from, or modify, the specific requirements of this chapter regarding the allowable building heights and areas of buildings based on the occupancy classification and type of construction, provided the special condition complies with the provisions specified in this section for such condition and other applicable requirements of this code. The provisions of Sections 510.2 through 510.8 are to be considered independent and separate from each other.\n\n510.2 Horizontal building separation allowance.\n\nBuildings shall be considered as separate and distinct from each other for the purpose of determining area limitations, continuity of fire walls, limitation of number of stories and type of construction, where all of the following conditions are met:\n\n1. The buildings are separated with a horizontal floor assembly having a fire-resistance rating of not less than 3 hours.\n\n2. The building below the horizontal assembly is of Type IA construction.\n\n3. Shaft, stairway, ramp or escalator enclosures through the horizontal floor assembly shall have not less than a 2-hour fire-resistance rating with opening protectives in accordance with Section 716.5.\n\nException: Where the enclosure walls below the horizontal floor assembly have not less than a 3-hour fire-resistance rating with opening protectives in accordance with Section 716.5, the enclosure walls extending above the horizontal floor assembly shall be permitted to have a 1-hour fire-resistance rating, provided:\n\n1. The building above the horizontal floor assembly is not required to be of Type I construction;\n\n2. The enclosure connects fewer than four stories; and\n\n3. The enclosure opening protectives above the horizontal floor assembly have a fire protection rating of not less than 1 hour.\n\n4. The building or buildings above the horizontal assembly shall be permitted to have multiple Group A occupancy uses, each with an occupant load of less than 300, or Group B, M, R or S occupancies.\n\n5. The building below the horizontal assembly shall be protected throughout by an approved automatic sprinkler system in accordance with Section 903.3.1.1, and shall be permitted to be any occupancy allowed by this code except Group H.\n\n6. The maximum building height in feet (mm) as measured from the grade plane shall not exceed the limits set forth in Section 504.3 for the building having the smaller allowable height as measured from the grade plane.\n\n510.3 Group S-2 enclosed parking garage with Group S-2 open parking garage above.\n\nA Group S-2 enclosed parking garage with not more than one story above grade plane and located below a Group S-2 open parking garage shall be classified as a separate and distinct building for the purpose of determining the type of construction where all of the following conditions are met:\n\n1. The allowable area of the building shall be such that the sum of the ratios of the actual area divided by the allowable area for each separate occupancy shall not exceed 1.\n\n2. The Group S-2 enclosed parking garage is of Type I or II construction and is at least equal to the fire-resistance requirements of the Group S-2 open parking garage.\n\n3. The height and the number of the tiers of the Group S-2 open parking garage shall be limited as specified in Table 406.5.4.\n\n4. The floor assembly separating the Group S-2 enclosed parking garage and Group S-2 open parking garage shall be protected as required for the floor assembly of the Group S-2 enclosed parking garage. Openings between the Group S-2 enclosed parking garage and Group S-2 open parking garage, except exit openings, shall not be required to be protected.\n\n5. The Group S-2 enclosed parking garage is used exclusively for the parking or storage of private motor vehicles, but shall be permitted to contain an accessory office, waiting room and toilet room having a total area of not more than 1,000 square feet (93 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) and mechanical equipment rooms incidental to the operation of the building.\n\n510.4 Parking beneath Group R.\n\nWhere a maximum one story above grade plane Group S-2 parking garage, enclosed or open, or combination thereof, of Type I construction or open of Type IV construction, with grade entrance, is provided under a building of Group R, the number of stories to be used in determining the minimum type of construction shall be measured from the floor above such a parking area. The horizontal floor assembly between the parking garage and the Group R above shall comply with the type of construction required for the parking garage and shall also provide a fire-resistance rating not less than the mixed occupancy separation required in Section 508.4.\n\n510.5 Reserved.\n\n510.6 Group R-2 buildings of Type IIA construction.\n\nThe height limitation for buildings of Type IIA construction in Group R-2 shall be increased to nine stories and 100 feet (30 480 mm) where the building is separated by not less than 50 feet (15 240 mm) from any other building on the lot and from lot lines, the exits are segregated in an area enclosed by a 2-hour fire-resistance-rated fire wall and the first floor assembly has a fire-resistance rating of not less than 1 1/2 hours.\n\n510.7 Open parking garage beneath Groups A, I, B, M and R.\n\nOpen parking garages constructed under Groups A, I, B, M and R shall not exceed the height and area limitations permitted under Section 406.5. The height and area of the portion of the building above the open parking garage shall not exceed the limitations in Section 503 for the upper occupancy. The height, in both feet and stories, of the portion of the building above the open parking garage shall be measured from grade plane and shall include both the open parking garage and the portion of the building above the parking garage.\n\n510.7.1 Fire separation.\n\nFire barriers constructed in accordance with Section 707 or horizontal assemblies constructed in accordance with Section 711 between the parking occupancy and the upper occupancy shall correspond to the required fire-resistance rating prescribed in Table 508.4 for the occupancies involved. The type of construction shall apply to each occupancy individually, except that structural members, including main bracing within the open parking structure, which is necessary to support the upper occupancy, shall be protected with the more restrictive fire-resistance-rated assemblies of the groups involved as shown in Table 601. Means of egress for the upper occupancy shall conform to Chapter 10 and shall be separated from the parking occupancy by fire barriers having not less than a 2-hour fire-resistance rating as required by Section 707, with self-closing doors complying with Section 716 or horizontal assemblies having not less than a 2-hour fire-resistance rating as required by Section 711, with self-closing doors complying with Section 716. Means of egress from the open parking garage shall comply with Section 406.5.\n\n510.8 Industrial uses in buildings containing Group R.\n\nNo space classified as Factory Industrial Group F shall be located above the second story of any building of Type III, IV or V construction containing a space classified as Residential Group R-1 or R-2.\n\n510.9 Multiple buildings above Group S-2 parking garages.\n\nWhere two or more buildings are provided above the horizontal assembly separating a Group S-2 open or closed parking garage from the buildings above in accordance with the special provisions in Sections 510.2, 510.3 or 510.8, the buildings above the horizontal assembly shall be regarded as separate and distinct buildings from each other and shall comply with all other provisions of this code as applicable to each separate and distinct building.\n\n510.10 Separation of different tenancies.\n\nSpaces or dwelling units occupied by different tenants shall be separated by fire barriers having at least 1-hour fire-resistance ratings.\n\nExceptions:\n\n1. Nonresidential spaces occupied by different tenants located in buildings that are sprinklered throughout.\n\n2. Tenant spaces in covered mall buildings complying with Section 402.","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":"0df2c94d4f1d56fbe115bf10487274ab9500eb1e7d4a9cefbb9da5d7cd6006f6","source_id":"us-nyc","stale":false,"prev":"us-nyc/n.y.c.-admin.-code-bc-509","next":"us-nyc/n.y.c.-admin.-code-bc-601"},"notice":"GroundRules: Original legal text. Not legal advice."}