Nyc Roof Access Laws
66 green roof tax abatement increase the climate mobilization act is the largest single act to cut climate pollution of any city.
Nyc roof access laws. The climate mobilization act covers eight initiatives and two resolutions among which includes. Applications for a solar tax abatement requires that the eligible expenditures of the solar electric generating system are disclosed. Areas required to be set aside for setbacks or access pursuant to the new york city fire code new york city construction codes or the zoning resolution of the city of new york. Getty images everyone in new york craves more fresh air and sunlight but most of us can t afford apartments with tons of outdoor space.
Local laws 92 and 94 took effect in new york city in november mandating that any roof undergoing major construction be covered in either solar photovoltaic panels or a green roof system covered. Landlords also may opt not to pay the higher insurance costs that come with allowing roof access. The sustainable roofing must cover the roof in its entirety. But it s worth remembering that private roof access is not the same thing as roof ownership.
Generally roof top access is not allowed by law nyc dob. Green roofs and the solar photovoltaic system are described below. For residents of new york city co ops and condominiums roof access is a cherished amenity. For example rooftop access areas required by fire code section 504 4 and 512 3 1 that must be kept clear are excluded from the sustainable roofing zone.
When that access is the exclusive right of one unit the amenity becomes a treasure. The effort to make changes to the dob s procedures was preempted by a conclusion from the department of city planning that viewed the use of roofs in commercial districts as open passive recreation space which is supported by the new york city zoning resolution as an open accessory use. State law requires that all applications for a green roof tax abatement must include an applicant agreement with a maintenance plan for the compliance period year of abatement plus three additional years. These laws amend the new york city building code to require all new buildings and buildings undergoing major roof renovations to install solar photovoltaic systems a green roof system or a combination of the two.
But a building with legal roof top improvements may provide access to tenants by its own rules. Scaffolding obstructing rooftop access locations shall be designed to provide secure landings at such locations in an approved manner. 1032 green roofs for new construction res. Awnings sun control devices solar panels or other structures affixed to an exterior building wall below the roof line shall not obstruct fire apparatus aerial ladder access to the rooftop perimeter access locations.