Rejoice – Rooftop Barbecues Are Legal Again

The New York Department of Buildings (DOB) may be the only organization in the land that can give the Trump White House a run for the money when it comes to zig-zagging. Reince Preibus? Anthony “10-Day” Scaramucci? Fuggedaboudit.

For reasons no one was able to fathom, the DOB recently cracked down on commercial and residential buildings where people have spent years using rooftops and terrace spaces for parties, barbecues and other fun activities. The DOB began scrutinizing outdoor spaces, telling building owners and developers that all floor areas used by tenants had to be “enclosed.” That position appeared to block amenities like roof decks and outdoor terraces. That was the zig. 

Now comes the zag. The DOB has just announced that so-called “recreation spaces” will once again be permitted, Crain’s reports. Under the revised interpretation of the building code, outdoor space that can accommodate 74 or more people will be permitted if the building's certificate of occupancy is amended and the space has proper egress. Smaller spaces are permitted without any paperwork. “We’re glad to clear this up and make sure we have common-sense rules that reflect the real world of what building tenants want and need,” a city spokesman said. 

The city’s real estate industry – especially commercial developers – appears relieved by the latest DOB zig-zag.

"The industry is currently reviewing the guidelines and we may have comments or improvements to share moving forward," says John Banks, president of the Real Estate Board of New York. "We want to thank the city for its collegial approach and recognition that access to outdoor space is an important part of New York City’s ability to recruit international talent and maintain our competitive advantage."