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Posted by DK on August 19, 1999 at 03:44:56:

In Reply to: certificate of occupancy needed for movable planter and pot roof garden?? posted by Ray Howard on August 06, 1999 at 11:38:05:

: Hi: I've had a garden which occupies no more than 14% of total roof area...for twenty-nine years. the garden was even ruled in favor of by the then Conciliation and Appeals Board back in 1981,a ruling that the building owner agreed to comply with. However in Feb. 1999 this same B.O. called the Department of Buildings, complaining of tenants having a roof garden on his roof, and he, a licensed architect comes across as the aggrieved, because he doesn't have a C of O for this tenant garden. ( This is the same garden the C.A.B. said should exist as a formal roof garden, a recreational facility for tenants! )QUESTION: need there be a C of O for such a garden???Many thanks for your dedication and help. RFH

There's a good argument that the Building Code requires a certificate of occupancy for a
roof garden. The Building Code contains rules on the height of the parapet or other
safety wall or fence for any roof uses. The roof must also be constructed so that
it can support the extra weight of planters.

The good news is that if the roof garden is a "required service" under the Rent
Stabilization Code, then it's the landlord's responsibility to bring the garden up
to code. You could be compelled to remove the garden only if the landlord can demonstrate
that it would be literally impossible to legalize the garden.

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Comments:
: : Hi: I've had a garden which occupies no more than 14% of total roof area...for twenty-nine years. the garden was even ruled in favor of by the then Conciliation and Appeals Board back in 1981,a ruling that the building owner agreed to comply with. However in Feb. 1999 this same B.O. called the Department of Buildings, complaining of tenants having a roof garden on his roof, and he, a licensed architect comes across as the aggrieved, because he doesn't have a C of O for this tenant garden. ( This is the same garden the C.A.B. said should exist as a formal roof garden, a recreational facility for tenants! )QUESTION: need there be a C of O for such a garden???Many thanks for your dedication and help. RFH

: There's a good argument that the Building Code requires a certificate of occupancy for a
: roof garden. The Building Code contains rules on the height of the parapet or other
: safety wall or fence for any roof uses. The roof must also be constructed so that
: it can support the extra weight of planters. 

: The good news is that if the roof garden is a "required service" under the Rent
: Stabilization Code, then it's the landlord's responsibility to bring the garden up
: to code. You could be compelled to remove the garden only if the landlord can demonstrate
: that it would be literally impossible to legalize the garden.


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