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Decks not to code, need advice

11:18 AM 01/06/2012

 

elmopagus

Fort Greene, NY

We are currently deciding whether or not to proceed with some renovations that may need DOB permitting and have hit a hurdle. The decks on our building are not up to current code. The DOB does not have any plans for our building on file, and we ourselves have only a copy of the offering plan, from the mid-1980s, which seems to show all decks on the building. What are the chances that the DOB would consider the decks grandfathered, or insist that we, and, importantly, our unsuspecting neighbors, remove them? To whom can I even pose this type of question, besides the DOB themselves? I'd like a second opinion on top of what I am hearing from a contractor. Thank you, community!
 

 

 

Decks and Porches
5 answers
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  • vote

    deboerarchitects

    NYC, NY

    Sorry, decks would not be grandfathered unless very old and that would not be standing anymore anyway. DOB is concerned with fire and life safety and the majority of decks built without a permit are under built in terms of structure and overbuilt in terms of zoning and in BK usually built with the wrong materials. Without seeing it it would be hard to say otherwise.

    11:55 AM 01/06/2012 | 0 Votes

     

     

  • vote

    jimhill_ra

    Brooklyn, NY

    Look at the DOB's requirements for a deck:  http://bit.ly/v6t8PN.  Also keep in mind they are allowed to project 8 feet into the required 30 foot rear yard.  The rear of the deck can therefore not be any closer than 22 feet to the rear lot line.
     
    If your decks do not comply, then they would have to be removed and/or rebuilt to obtain any sort of DOB approval.

    1:05 PM 01/06/2012 | 0 Votes

     

     

  • vote

    yte

    Brooklyn, NY

    Is the DOB application an alt 1 or alt 2? If an alt 2 filed under directive 14, then you should not need a DOB inspector onsite to signoff, so don't worry about it. Also there is no need to show the deck on the plans unless they are part of the renovation. If you are doing an alt 1 (changing occupancy/egress) then you will have a DOB inspector onsite and you would be lucky if the deck goes unnoticed. Also, you would have to show the deck on the alt 1 filing since the drawings are more comprehensive. Good luck!

    5:28 PM 01/06/2012 | 0 Votes

     

     

    Comments (1)

    • yte

      Brooklyn, NY

      You said offering plan so I imagine this is a condo. unless you're combining units, than this should be a relatively simple alt 2 filing. Just find a good architect/expediter. The deck should't even come into question.

      5:35 PM 01/06/2012

          

  • vote

    masterbuilder

    Brooklyn, NY

    None of the architects or engineers I work with would sign off on a project with violations.  This conduct could result in losing their professional licensing.  We take violations very seriously.
    On one project last summer I was not able to move forward with the work on the roof (adding mechanical equipment) due to illegal decks that the client and landlord refused to remove.  This was for an Alt 2 which required gas and electrical inspections.  The idea that no inspector will come along on an Alt 2 is not correct.
    I had to withdraw my permit and the DOB issued a Stop Work order to the client.

    8:52 AM 01/07/2012 | 1 Votes

     

     

  • vote

    calle3441


    Elmopagus,

    We are in Park Slope and have a VERY similar situation to yours.  I would love to talk about it with you and see what your building is doing.  You can contact me at calle3441@hotmail.com  Many thanks!  Rob


    6:50 PM 03/25/2012 | 0 Votes

     

     

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