Department of Buildings Guidance on Open Restaurants plans:
Am I obligated to file a DOB permit?
New York City’s reopening has allowed restaurant and bars to establish outdoor seating and dining to cope with continued safety precautions that prevent indoor dining. Recently there have been updates to the rules from the Department of Buildings regarding outdoor dining.
When setting up outdoor seating owners must be aware that there are certain conditions they must meet. Otherwise they may require a DOB permit for modifications to their establishment. Please see the list below for a summary and see the attached Building Bulletin for more detailed information.
https://www1.nyc.gov/assets/buildings/bldgs_bulletins/bb_2020-013.pdf
You will REQUIRE a permit if:
Tents or other shelters on sidewalk or roadway that are greater than 400 SF in each area, including multiple tents combined or tied together with a total area greater than 400 SF.
Any barrier that prevents free movement or creates a separately enclosed space. Railings or barriers that are fixed to the floor.
Any shields or barriers within 2 feet of a sprinkler heads or that obstruct fire alarm strobe lights or other visual alarms.
You are using an outdoor space like a yard or parking lot for outdoor dining make sure you have the permission to use it.
You are using a rooftop or terrace for outdoor dining it must be previously approved for use as a restaurant and/or bar.
You have seating provided in a yard where the only exit passes through the interior and the number of occupants in the yard exceeds 74 persons at the outdoor dining area for the restaurant and/or bar.
Exits from buildings are blocked by barriers or furniture, or the distance to the exit is increased due to addition of outdoor area.
You have seating outdoors that obstruct exits, cellar hatches, mechanical ventilation, standpipes, hydrants, etc.
Of course, the six feet apart and mask protocols are still in effect. If you do not acquire a permit for these conditions you run the unnecessary risk of accruing fines and violations from the DOB. Should you require assistance in obtaining permits to legally establish your outdoor dining area as cited above or changes for your business please feel free to reach out to us. MJM+A Architects, PLLC and Oculus Consulting Group have helped clients adapt to new policies for years and produced all the necessary paperwork and design drawings to acquire approval from the Department of Buildings.
Email MJM+A Architects at michael@mjmacaluso.com and Oculus Consulting Group at john@oculuscorp.com
Stay safe!
