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Does a rear deck constitute a "change of egress" and trigger need for a certificate of occupancy on a pre-1938 house?
11:21 PM 01/01/2012
Brooklyn, NY
We are looking at a brownstone (2 family) with no certificate of occupancy. Not a problem in itself, as far as we can tell. Appears to just be an old (pre-1938) house. But, being an old house, we are going to need to do a fair bit of renovations if we take/get it. We will keep it as a 2 family, but I wondered if anyone has found that the absence of a certificate of occupancy made the permits / approvals / inspections process more complicated?
Specifically, we would love to put a rear deck on to give us garden access from the parlour floor, using the garden level as the rental. Wouldn't be a big deal (I think) under normal circumstances, but my current understanding is that certain events trigger a need to get a certificate of occupancy on one of the old pre-1938 houses, and apparently a "change of egress" is one of them (in addition to obvious things like actually changing the occupancy).
Does anyone know whether adding a rear door out onto a deck would trigger a need for a certificate of occupancy on a house which currently doesn't have or need one? It feels like it shouldn't, but I don't expect 100% logic in the labyrinthine world of DOB. That said, I also want to do things by the book (kind hard to pretend a door from the back of the parlour floor was pre-existing). And if this change does trigger a need for a certificate of occupancy, does that mean a whole Type-1 alteration application (which I think is a lot longer/more expensive/more complicated than Type-2)?
Any info or suggestions on how to deal with it most welcome!
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NYC, NY
There is a great way to do this, but no guarrantee DOB will apporve it. It is always worth doing as it will save filing the Alt I if approved.
6:38 AM 01/02/2012 | 1 Votes
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Comments (1)
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Brooklyn, NY
Thanks de Boer. Any hints on what this "great way" might involve? We had not been thinking of anything too fancy - if we get the place, measure the windows and see whether a door can be effectively set into the window framing (much like Dave in Bed Stuy's); if not then extend window site down slightly to accommodate. But if there are particular tips or tricks that we should be aware of, always good to know. I'll also be sure to mine the decks section of the forums before proceeding if we do get this place.
12:20 PM 01/02/2012
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Brooklyn, NY
This should be an alt 2 filing. Not an Alt 1 which would trigger an inspection and new C/O. You are not adding floor area and the only way you would be modifying egress is if the building were a multifamily (3 or more family) and you were somehow infringing or modifying a firesecape at the rear of the building.....
9:49 AM 01/02/2012 | 1 Votes
Comments (1)
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Brooklyn, NY
100% correct. No need for an Alt 1 if all you're doing is adding a deck, and that deck does not interfere with a fire escape or other existing means of egress.
10:40 AM 01/02/2012
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NYC, NY
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