Sidewalk cafés provided beyond the building line shall comply with the requirements of this section, the New York City Zoning Resolution, the Commissioners of the Department of Consumer Affairs and Department of Transportation, and with the projection limitations of Chapter 32 of this code.
Enclosed sidewalk cafés shall be constructed of noncombustible material. The walls of such enclosures shall not extend more than 8 feet (2438 mm) above the sidewalk. Light-transmitting plastic glazing complying with Section 2606 shall be permitted as glazing within such walls. Light-transmitting plastic skylight glazing complying with Section 2610 may be installed in the roofs of such enclosures.
Awnings supported entirely from the building may be placed over unenclosed sidewalk cafés provided they are at least 8 feet (2438 mm) clear above the sidewalk and within the limits specified by the Commissioner of the Department of Consumer Affairs. Such awnings shall be in compliance with Section 3105 of this code.
No part of any awning, enclosure, fixture, equipment or removable platform of a sidewalk café shall be located:
1. Beneath a fire escape so as to obstruct operation of fire escape drop ladders or counter-balanced stairs;
2. So as to obstruct any exit from a building;
3. So as to obstruct any cellar access hatch or areaway;
4. So as to interfere with any vent or other mechanical ventilation outlet or inlet;
5. So as to interfere with or obscure any standpipe connections, hydrant or associated signage in any way that would hinder its use by the Fire Department.
Exception: Upon special application, the commissioner may permit an easily removable, prominently designated platform, designed in accordance with Section 3111.5, to cover a cellar entrance or areaway that is not used as a required means of egress.
1. Beneath a fire escape so as to obstruct operation of fire escape drop ladders or counter-balanced stairs;
2. So as to obstruct any exit from a building;
3. So as to obstruct any cellar access hatch or areaway;
4. So as to interfere with any vent or other mechanical ventilation outlet or inlet;
5. So as to interfere with or obscure any standpipe connections, hydrant or associated signage in any way that would hinder its use by the Fire Department.
Exception: Upon special application, the commissioner may permit an easily removable, prominently designated platform, designed in accordance with Section 3111.5, to cover a cellar entrance or areaway that is not used as a required means of egress.
Removable platforms of sidewalk cafés shall be constructed in accordance with the requirements of this section.
No papers, trash or other materials may be permitted to accumulate in the area beneath the floor of any removable platform.
Sidewalk cafés and access thereto shall comply with Chapter 11.
Unless separated from seating inside the building by fire partitions complying with Section 708, the seating for enclosed sidewalk cafés shall be added to that inside the building in order to determine whether a place of assembly certificate of operation is required.
In addition to the requirements specified herein, the commissioner may promulgate such additional rules necessary to secure safety.