Skip to code content (skip section selection)
Compare to:
New York City Overview
The New York City Charter
The New York City Administrative Code
The Rules of the City of New York
THE RULES OF THE CITY OF NEW YORK
Title 1: Department of Buildings
Title 2: Board of Standards and Appeals
Title 3: Fire Department
Title 6: Department of Consumer and Worker Protection
Title 9: Procurement Policy Board Rules
Title 12: Franchise and Concession Review Committee
Title 15: Department of Environmental Protection
Title 16: Department of Sanitation
Title 17: Business Integrity Commission
Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
Title 74: Community Hiring
Loading...
Section BC 509: Incidental Uses
509.1 General.
Incidental uses listed in Table 509 and located within single occupancy or mixed occupancy buildings shall comply with the provisions of this section. Incidental uses are ancillary functions associated with a given occupancy that generally pose a greater level of risk to that occupancy and are limited to those uses listed in Table 509.
   Exception: Incidental uses within and serving a dwelling unit are not required to comply with this section.
Table 509 c
Incidental Uses
Room or Area
Separation and/or Protection 
Room or Area
Separation and/or Protection 
Furnace room where any piece of equipment is over 350,000 Btu per hour input
2 hour; or 1 hour and provide automatic sprinkler system a
Furnace room where any piece of equipment is 350,000 Btu per hour input or less, except in R-3 occupancy
1 hour or provide automatic sprinkler system a
Rooms with a high pressure steam or water boiler that exceeds 350,000 Btu per hour input
2 hour; or 1 hour and provide automatic fire-extinguishing system a
Rooms with a high pressure steam or water boiler that is 350,000 Btu per hour input or less
1 hour or provide automatic sprinkler system a
Rooms that contain a low pressure steam or water boiler regardless of Btu per hour input
1 hour or provide automatic sprinkler system a, b
Refrigerant machinery room
1 hour or provide automatic sprinkler system
Hydrogen fuel gas rooms, not classified as Group H
2 hours in all occupancies
Incinerator rooms
2 hours and automatic sprinkler system
Paint shops, not classified as Group H, located in occupancies other than Group F
2 hours; or 1 hour and provide automatic sprinkler system
In Group E occupancies, laboratories and vocational shops not classified as Group H
1 hour or provide automatic sprinkler system
In Group I-2 occupancies, laboratories not classified as Group H
1 hour and provide automatic sprinkler system
In ambulatory care facilities, laboratories not classified as Group H
1 hour or provide automatic sprinkler system
Laundry rooms over 100 square feet
1 hour or provide automatic sprinkler system
In Group I-2, laundry rooms over 100 square feet
1 hour
Group I-3 cells and Group I-2 patient rooms equipped with padded surfaces
1 hour
In Group I-2, physical plant maintenance shops
1 hour
In ambulatory care facilities or Group I-2 occupancies, waste and linen collection rooms with containers that have an aggregate volume of 10 cubic feet or greater
1 hour
In other than ambulatory care facilities and Group I-2 occupancies, waste and linen collection rooms over 100 square feet
1 hour or provide automatic sprinkler system
In ambulatory care facilities or Group I-2 occupancies, storage rooms greater than 100 square feet
1 hour
Stationary storage battery systems having an energy capacity greater than the threshold quantity specified in Table 608.9.1.1 of the New York City Fire Code
1 hour in group B, F, M, S and U occupancies; 2 hours in Group A, E, I and R occupancies
Rooms containing fire pumps in non-high-rise buildings
2 hours; or 1 hour and provide automatic sprinkler system throughout the building
Rooms containing fire pumps in high-rise buildings
2 hours
 
For SI: 1 square foot = 0.0929 m 2 , 1 pound per square inch (psi) = 6.9 kPa, 1 British thermal unit (Btu) per hour = 0.293 watts, 1 horsepower = 746 watts, 1 gallon = 3.785 L, 1 cubic foot = 0.0283 m 3 .
a.   Boilers servicing more than one dwelling unit in Multiple dwellings shall also comply with Section 65 of the New York State Multiple Dwelling Law.
b.   Sealed combustion direct vent boilers shall comply with Section 303 of the New York City Mechanical Code and Section 303 of the New York City Fuel Gas Code, as applicable.
c.   For mechanical and/or electrical equipment rooms not identified in this table, see Section 508.1.
(Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.
509.2 Occupancy classification.
Incidental uses shall not be individually classified in accordance with Section 302.1. Incidental uses shall be included in the building occupancies within which they are located.
509.3 Area limitations.
Incidental uses shall not occupy more than 10 percent of the building in which they are located.
Loading...