4/5 Floor Duplexes Without Elevator
r6a 4 story 8 units. I want to duplex the 4th floor and have roofdeck/small room set back on the “5th” story. I see so many buildings that are way bigger than mine (same zoning). I see lots of duplexes. I called… DOB they said “NO ELEVATOR, NOTHING ON 5TH FLOOR ALLOWED.” I know you…
r6a 4 story 8 units. I want to duplex the 4th floor and have roofdeck/small room set back on the “5th” story.
I see so many buildings that are way bigger than mine (same zoning). I see lots of duplexes. I called… DOB they said “NO ELEVATOR, NOTHING ON 5TH FLOOR ALLOWED.”
I know you can have Mezz with 33% limitation. But i really don’t want all that voluminous ceiling and open balcony.
any thoughts. please be nice seems like everyone hates boogie man builders.
Thanks everyone–
My expediter is back from Turkey. Hurray! We’re going to pull some plans of 4/5 duplex buildings in the area without elevators and see what they have on the plans.
If any of you architects can help with the pre-con or with this issue specifically drop a line. My guy is good and works with an engineer, but for architect stuff like this it would be worth an architect, me thinks.
My stories are 11feet so I don’t think the mezz will work, I think the code says mezz must have max 8′ ceilings below them????
I just thought it would be nice for the 4th floor to be able to access the roof deck. And i had extra sf available so why not have a cabanna or bedroom up there too.
Thanks again you guys are smart!
DOB does unfortunately not have a final answer and I have to assume that the guy at DOB who answered that does not even know the difference between a mezzanine and a floor.
Following are code requirements: Any building that has more than four floors in a residential building needs an elevator by code.
If you have a four floor and mezzanine which does NOT need to be open to below as long it is less then 33% you do not need an elevator as it is considered a 4 story building.
When you extend a mezzanine to a full floor under a duplex by code you need an elevator but you MAY qualify for an exemption.
Previously (until July 2008) when you applied for a waiver it was always granted especially if it was a duplex.
The egress situation was usually also granted under certain circumastnces based on an old HPD memo.
However, since the new code came into effect which greatly limited the powers of the local boro superintendent they woud never give it to you in writing but you may still get an ok so it is always a gamble and most of the time you will have to spend for an application rather then an inexpensive pre-determination.
In addition, If the filing was done on that intent that it will be given and fled under a self cert the dob will always screw you for that and I am now involved in such a case where they had already a temporary c. of o.
To follow up on Jock’s post…you have to maintain stairwell access to the roof…but if it’s advantageous, you could have the stair open onto your 4th floor outdoor terrace, and then have a ladder up to the new 5th floor roof.
Is the intention to close off the roof access from the stairwell and add that squarefootage to the apartment? If so, you are going to have all kinds if issues. I’m away and do not have the MDC to check about the elevator. Either way, you are going to have to get an architect involved. Better sooner than later.
My understanding is that, as long as the apartment entry is on the 4th floor, you do not need an elevator.
However, you have to meet the 40′ egress distance limitation w/in the apartment. So from the center of the doorway into the habitable room that’s furthest from the entry door, you have 40′ (and not as the crow flies, along a path that would be walked by an occupant.
Now, with all the changes at DOB, this could have changes recently…maybe brooklynexpediter or some other architects have something else to add?
Unfortunately I can’t answer your question Mr. Dobolina, but I wanted to say I love your user name Mr. Bob Dobolina.