Forum
« Heating System Not Auto Filling Handyman for Window Repair? »
November 7, 2009
Stairs to Roof - Change C of O?
We have a pretty run-of-the-mill 3 family brownstone. The roof is currently accessed via a scuttle in the common hallway. We are seeking to replace the scuttle with a staircase and bulkhead, and have filed plans showing this with the DOB. The examiner at the DOB gave us an objection, and is maintaining that the replacement of the scuttle with a staircase to the roof constitutes a change of egress and will require that we change the C of O for the building. My architect and expediter think this is crazy and are trying to get a reconsideration from DOB. Curious as to what anyone else thinks. Any opinions or suggestions out there on how we should handle this? Thanks.
Comments
Another architect here. It IS rediculous, although I can see the reasoning (aside for NYC fundraising). You are creating access to the roof. If there is a fire, these stairs are therefore now part of the path of egress. Technically, you are changing the means of egress, and as far a the city is concerned, you need to update the C of O whenever you change use group, occupancy class or means of egress. Pursue the recon. I would think you would get it.
Posted by: JimHill at November 7, 2009 4:04 PM
who is the plan examiner?
Posted by: jp2 at November 7, 2009 5:37 PM
Thanks for the response Jim. Hopefully the recon will work. If it doesn't, we will probably have to give up on the job.
Jp2 - not sure it's the best idea for me to call out the examiner by name. Curious though - why do you want to know?
Posted by: Dr Dean Franklin at November 8, 2009 8:49 AM
because if its one of the reasonable guys then your an unlikely to get a reconsideration.
-jp
Posted by: jp2 at November 8, 2009 9:04 AM
My expeditor tells me it is one of the less reasonable guys, but of course, that may just be his opinion...
Posted by: Dr Dean Franklin at November 8, 2009 1:51 PM
What I have found in terms of getting recons is that the first examiner will rarely, if ever, let something go if it could in any way be considered against the code. It's their job to interpret and enforce the code. They do not have the leeway to decide if a case warrants an exception. That's strictly reserved for the chief plan examiner. I've even been told by at least one examiner that the case I was arguing was valid, but that he could not make the exception, and that if I went for the recon, it would be granted by the chief examiner.
So if the examiner denies it, take it above his head to the chief.
Jim Hill
Posted by: JimHill at November 9, 2009 9:05 AM
The owner and the Architect (not the just the expeditor acting alone) should make an appointment with the plan examiner and then work your way up the chain of command. However, it seems that what the DOB is asking is fair. Ed kopel Archtects, pC
Posted by: edkopel at November 9, 2009 11:01 AM
Post a comment
Please be patient while your comment is published. It may take a moment.