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NEW YORK CITY ADMINISTRATIVE CODE
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Title 28: New York City Construction Codes
Chapter 1: Administration
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Chapter 3: Maintenance of Buildings
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Chapter 5: Miscellaneous Provisions
Chapter 6: New York City Plumbing Code
Chapter 7: New York City Building Code
Article 701: Enactment and Update of the New York City Building Code
§ 28-701.1 Update.
§ 28-701.2 Enactment of the New York City Building Code.
Chapter 1: Administration
Chapter 2: Definitions
Chapter 3: Use and Occupancy Classification
Chapter 4: Special Detailed Requirements Based on Use and Occupancy
Section BC 401: Scope
Section BC 402: Covered Mall and Open Mall Buildings
Section BC 403: High-Rise Buildings
Section BC 404: Atriums
Section BC 405: Underground Buildings and Spaces
Section BC 406: Motor Vehicle-Related Occupancies
406.1 General.
406.2 Definitions.
406.3 Private garages and carports.
406.3.1 Classification.
406.3.2 Clear height.
406.3.3 Floor construction.
406.3.3.1 Ramps.
406.3.4 Separation.
406.3.5 Automatic garage door openers.
406.4 Public parking garages.
406.4.1 Clear height.
406.4.2 Guards.
406.4.3 Vehicle barrier systems.
406.4.4 Ramps.
406.4.5 Floor surface.
406.4.6 Separation.
406.4.7 Special hazards.
406.4.8 Attached to rooms.
406.4.9 Fire-fighter aisles.
406.4.10 Electric vehicle charging stations.
406.5 Open parking garages.
406.5.1 Construction.
406.5.2 Openings.
406.5.2.1 Openings below grade.
406.5.3 Uses.
406.5.4 Area and height.
406.5.4.1 Single use.
406.5.5 Area and height increases.
406.5.6 Fire separation distance.
406.5.7 Means of egress.
406.5.8 Standpipes.
406.5.9 Enclosure of vertical openings.
406.5.10 Ventilation.
406.5.11 Prohibitions.
406.6 Enclosed parking garages.
406.6.1 Heights and areas.
406.6.2 Ventilation.
406.6.3 Automatic sprinkler system.
406.6.4 Means of egress.
406.7 Motor fuel-dispensing facilities.
406.7.1 Vehicle fueling pad.
406.7.2 Canopies.
406.7.2.1 Canopies used to support gaseous hydrogen systems.
406.7.3 Storage tanks.
406.8 Repair garages.
406.8.1 Mixed uses.
406.8.2 Ventilation.
406.8.3 Floor surface.
406.8.4 Heating equipment.
406.8.5 Gas detection system.
406.8.5.1 System design.
406.8.5.1.1 Gas detection system components.
406.8.5.2 Operation.
406.8.5.3 Failure of the gas detection system.
406.8.6 Automatic sprinkler system.
406.9 Open Parking Lots.
406.9.1 Definitions.
406.9.2 Permit required.
406.9.3 Locations prohibited.
406.9.4 Surfacing.
406.9.4.1 Drainage.
406.9.4.2 Non-porous surfaces.
406.9.4.3 Resurfacing.
406.9.5 Curbs and bumpers.
406.9.5.1 Openings.
406.9.6 Accessory uses and occupancies.
406.9.6.1 Motor fuel-dispensing facilities.
406.9.7 Special provisions applicable to large open parking lots.
406.9.7.1 Curbs and bumpers.
406.9.7.2 Screen enclosures.
406.9.7.3 Illumination.
406.9.7.4 Fire fighter aisles.
406.9.8 Electric vehicle charging stations.
406.10 Curb cuts and driveways.
406.10.1 Curb cuts.
406.10.2 Driveways.
406.11 Battery-powered industrial trucks, equipment and mobility devices.
Section BC 407: Group I-2
Section BC 408: Group I-3
Section BC 409: Motion Picture Projection Rooms
Section BC 410: Stages, Platforms and Technical Production Areas
Section BC 411: Special Amusement Buildings
Section BC 412: Aircraft-Related Occupancies
Section BC 413: Combustible Storage
Section BC 414: Hazardous Materials
Section BC 415: Groups H-1, H-2, H-3, H-4 and H-5
Section BC 416: Application of Flammable Finishes
Section BC 417: Drying Rooms
Section BC 418: Organic Coatings
Section BC 419: Reserved
Section BC 420: Groups I-1, R-1, R-2, R-3
Section BC 421: Hydrogen Fuel Gas Rooms
Section BC 422: Ambulatory Care Facilities
Section BC 423: Storm Shelters
Section BC 424: Children's Play Structures
Section BC 425: Hyperbaric Facilities
Section BC 426: Combustible Dusts, Grain Processing and Storage
Section BC 427: Non-Production Chemical Laboratories
Section BC 428: Uses and Occupancies Involving Radioactive Materials and Radiation-Producing Equipment
Chapter 5: General Building Heights and Areas; Separation of Occupancies
Chapter 6: Types of Construction
Chapter 7: Fire and Smoke Protection Features
Chapter 8: Interior Finishes
Chapter 9: Fire Protection Systems
Chapter 10: Means of Egress
Chapter 11: Accessibility
Chapter 12: Interior Environment
Chapter 13: Energy Efficiency
Chapter 14: Exterior Walls
Chapter 15: Roof Assemblies and Rooftop Structures
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Chapter 18: Soils and Foundations
Chapter 19: Concrete
Chapter 20: Aluminum
Chapter 21: Masonry
Chapter 22: Steel
Chapter 23: Wood
Chapter 24: Glass and Glazing
Chapter 25: Gypsum Board, Gypsum Panel Products and Plaster
Chapter 26: Plastic
Chapter 27: Electrical
Chapter 28: Mechanical Systems
Chapter 29: Plumbing Systems
Chapter 30: Elevators and Conveying Systems
Chapter 31: Special Construction
Chapter 32: Encroachments Into the Public Right-of-Way
Chapter 33: Safeguards During Construction or Demolition
Chapter 34: Reserved
Chapter 35: Referenced Standards
Appendix A: Reserved
Appendix B: Reserved
Appendix C: Reserved
Appendix D: Fire Districts
Appendix E: Supplementary Accessibility Requirements
Appendix F: Rodent Proofing
Appendix G: Flood-Resistant Construction
Appendix H: Outdoor Signs
Appendix I Reserved
Appendix J Reserved
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Appendix L: Reserved
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Appendix N: Assistive Listening Systems Performance Standards
Appendix O: Reserved
Appendix P: Reserved
Appendix Q: Modified National Standards for Automatic Sprinkler, Standpipe, Fire Pump, Fire Alarm, and Smoke Control Systems
Appendix R: Acoustical Tile and Lay-In Panel Ceiling Suspension Systems
Appendix S: Supplementary Figures for Luminous Egress Path Markings
Appendix U: Ancillary Dwelling Units
Chapter 8: New York City Mechanical Code
Chapter 9: New York City Fuel Gas Code
Chapter 10: New York City Energy Code
Chapter 11: The New York City Electrical Code
Title 29: New York City Fire Code
Title 30: Emergency Management
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Title 34: Racial Equity
Appendix A: Unconsolidated Local Laws
The Rules of the City of New York
THE RULES OF THE CITY OF NEW YORK
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406.4.10 Electric vehicle charging stations.
Editor's note: this section has been amended by L.L. 2024/055, 4/6/2024, eff. 12/21/2025. For related unconsolidated provisions, see Appendix A at L.L. 2024/055.
Parking garages shall be capable of supporting electrical vehicle charging stations in accordance with this section. Electrical raceway to the electrical supply panel serving the garage shall be capable of providing a minimum of 3.1 kW of electrical capacity to at least 20 percent of the parking spaces of the garage. The electrical room supplying the garage must have the physical space for an electrical supply panel sufficient to provide 3.1 kW of electrical capacity to at least 20 percent of the parking spaces of the garage. Such raceway and all components and work appurtenant thereto shall be in accordance with the York City Electrical Code.
   Exceptions:
      1.   The provisions of this section shall not apply to parking garages for buildings of occupancy group M (Mercantile).
      2.   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 three years.
      3.   The provisions of this section shall not apply to parking garages for buildings in which not less than 50 percent of the residential units are for households earning up to 60 percent of the area median income as determined by the United States Department of Housing and Urban Development.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/130.
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.
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