Place of Assemby | 3C Codes

PLACES OF ASSEMBLY

ASSEMBLY OCCUPANCIES
Place of Assembly spaces per Building Codes and DOB regulations are spaces of gathering of over 75 occupants engaging in an activity such as restaurants, lecture halls, stadiums, amusements, exhibits/museums etc. A Place of Assembly requires a Certificate of Operation for indoor assemblies of 75 or more people (including building rooftops) AND outdoor Assemblies of 200 or more people. (See DOB-Code Notes: Places of Assembly for more information)

CONSIDERATIONS

An office space or retail floor with an occupant load of over 75 persons should not be considered as a Place of Assembly. In addition, an assembly space or gatherings in spaces with LESS than 75 Occupants (small restaurants, coffee shops, meeting rooms) are also NOT considered Places of Assembly as referenced in Chapter 3 of the 2014 Administrative Code.

Over the years I have found Places of Assembly or Public Assembly (PA) applications to be very exciting but also very challenging. The pre-design strategy when given a project which includes Assembly type occupancies is critical to the overall process as there are many factors to consider. There are different ways of approaching a new or altered assembly space. By understanding the various regulations at the start of a project involving a PA use, the applicant can design accordingly to potentially avoid delays and issues at time of project completion.

Essentially a new restaurant, banquet hall, museum, art gallery etc. cannot operate and open to the public unless a Place of Assembly Certificate of Operation (PA-COO) is issued. Any delays in obtaining a PA-COO may affect the business establishment from generating revenue which is why the below outlines the necessary steps to help prevent such delays from happening.

ALTERATIONS TO AN EXSITING PLACE OF ASSEMBLY
Before jumping into a project that involves an alteration of an existing restaurant, lecture hall, museum or other assembly type space, I typically use the following guideline.

1. Search Property Records for documentation of existing legal conditions including Certificate of Occupancy and any active or expired PA permits/certificates on file.

2. If there is NO active Certificate of Occupancy (CofO) for the building, there may not be an active PA permit on record. The Architect and PA establishment owner should consider the standard filing procedure for obtaining a new CofO & establishing a new place of assembly.

3. If the CofO on record for the building reflects an existing Assembly use/occupancy but the space does NOT have an active PA-Permit on record with either DOB or FDNY, then the filing process may be simplified. The Architect may consider filing an Alteration type-2 (NO Change of Use of Occupancy) AND an associated PA application.

4. In some instances, there may be a PA permit on record issued prior to 1990 which would be listed under Pre-BIS PA on the DOB-BIS Property Profile. Regardless whether there is a Pre-BIS PA on file, the Architect/owner consider Establishing a New PA

5. An active CofO issued AFTER 1968 should reflect whether a PA space has been previously established and should also include a max occupant load for the PA space. The CofO would typically reflect the PA Occupancy Classification using an “F” designation (i.e. F-3, F-4)

ESTABLISHING A NEW PLACE OF ASSEMBLY SPACE
Establishing a Place of Assembly (PA) shall require a new Certificate of Occupancy filed under an Alteration type 1 application. When consulting on a project that requires establishing a new Place of Assembly in an existing building, I advise to consider the following DOB-filing strategy.

1. File Alteration (ALT-CO) to Change of Use/Occupancy:

Depending on how the application is filed (Borough and/or HUB), and level of complexity, the review process may take 2-3 weeks before obtaining objections issued from a DOB-Plan Examiner.

If the existing building has a current approved Alteration Type-1 (ALT1) application on file on DOB-BIS, I would advise to maintain the existing approved Alt1 application and fling an amendment to reflect the proposed PA use/occupancy (Authorized by building owner).

Unless amending an existing “no work” application, I advise to file the Alteration type-1 as a single Work-Type (OT-Arch) limiting the construction scope to alterations/modifications to existing Means of Egress, fire rated separations and demised spaces.

2. File Place of Assembly (PA) application (No Work)

This should be filed and approved simultaneous with the Alteration type-1 application. Although considered “no work” applications, PA Drawings and layouts of the assembly space shall coincide with the associated Alteration type-1 application.

PA drawings should include alternate furniture/seating layouts, egress drawings, emergency lighting and any other permanent or movable installation located within the assembly space.

3. File separate Alteration application

Alteration-CO applications require a new Certificate of Occupancy which can sometimes become a lengthy process. Depending on the project and required deliverables and/or lease obligations, a separate Alteration -build out with associated MEP and ST DOB-Work Types is suggested.