Rooftop Access

Firefighters need rooftop operations to fight fires. Firefighters use rooftop operations to search buildings, send information, rescue people and ventilate rooftops. Rooftops must have enough space and access for these operations.

The New York City Fire Code FC504.4 says rooftops must help with these tasks. FC512 talks about putting solar panels and other equipment on rooftops.

When do I need to file?

You need to file a Rooftop Access Variance Application if:

• The rooftop is 100 feet or less in height.
• The rooftop does not follow the requirements of FC504.4 and FC512.

Examples of when you need to file:

• The rooftop does not follow the Fire Code.
• New equipment on a rooftop, like telecommunications sites, solar panels, HVAC and fencing
• Adding new floors or structures like penthouses.
• Building a deck, bar or greenhouse on the roof.
• Building green roofs or blue roofs.
• New building construction.
• Cantilever buildings.

Note: You must send each document as an unlocked PDF file. If you send files in other formats, you may get a Letter of Deficiency and need to refile. PDFs with many layers must be flattened before you send them.

Send each of these documents as separate PDF files:

• Completed and signed TM-5 application

• A narrative signed and sealed by the Professional Engineer (PE) or Registered Architect (RA). It should describe the current noncompliant conditions and the proposed work.

• Rooftop Plans in 11x17 format with original seal and signature. See Rooftop Bulletin on how to prepare plans and see sample plans. Plans must include:

  • Leave a 3" x 5" space on every page for FDNY stamping.
  • Show current rooftop conditions and clearly point out the noncompliant condition.
  • Clearly label the proposed conditions.
  • Clearly label all the accessible exposures with street names (label parking lots and accessible side streets, too).
  • Label the required clearances and areas with dimensions.
  • Provide elevation view for each of the accessible exposures.
  • Provide a separate sheet with a legend clearly detailing the location and direction of the corresponding rooftop photos.

• Photos showing the current rooftop conditions.

  • Each photo should be uniquely labeled and match a location and direction callout on the plan sheet.
  • All photos should be recent and taken shortly before you send the application. Each photo should be clearly labeled with the date it was taken.

• Any relevant letters or determinations from other City Agencies.

• If you are filing because of an FDNY summons that does not already appear in your Record ID on FDNY Business, include a scanned copy of the Rooftop Summons in full.

• Processing your application: The Intake Unit will process your application. It will go into the Rooftop review queue. Applications are reviewed in the order they come in.
• Review by examiner: The examiner will check the plans and documents you sent.
• Possible results: Based on the review, the examiner will give one of the following results:

Letter of Acceptance

• If your rooftop is okay, you will get a Letter of Acceptance.
• The examiner will stamp the plan(s).
• You will get an email with the Letter of Acceptance and approval conditions.
• Log into your FDNY Business account to see the Letter of Acceptance and stamped plans.

Additional information required

• If you are missing documents or information, the examiner will ask for it.
• You will get an Additional Information Request.
• Log into FDNY Business to upload the needed documents.

Letter of Deficiency

• If your rooftop does not meet FDNY standards, you will get a Letter of Deficiency.

• The letter will list the problems with your application or design.

• You will get an email with the Letter of Deficiency.

• Log into your FDNY Business account to see the letter.

• You can still get approval if you:

  • Resubmit an updated application that fixes the problems.
  • Provide the needed revised documents.

Letter of Denial

• If your conditions do not allow safe Fire Department access, you will get a Letter of Denial.
• The Fire Chief must review and approve the denial before it is sent.
• You will get an email with the Letter of Denial.
• Log into your FDNY Business account to see the letter.
• A Letter of Denial will close your application.
• You cannot resubmit your proposal under the same application number.
• To resubmit, you must complete a new application and pay the filing fee.

• Application fees:

  • New Application: $420.
  • If during the plan check it is found that this application needs a Complex Technical Analysis, you will need to pay a "Complex Technical Analysis Fee" of $525.
  • Resubmission Fees: No fee if sent within six months of Letter of Deficiency. After six months, the application will be considered abandoned and may need a new filing fee.

• Apply through the FDNY Business online portal. Be sure to select Design and Installation Application; select Technology Management Application; select Rooftop Variance Application Type on the FDNY Business website.

• You must pay on FDNY Business to send your application. To make payments for additional invoiced fees after sending, use one of these methods:

Online (preferred):
Payment can be made online at FDNY Business (credit, debit or e-check accepted).

US mail (check must contain FDNY Business Record ID):
NYC Fire Department (FDNY)
Bureau of Fire Prevention
9 MetroTech Center, Attn: Cashier's Unit (1st Floor)
Brooklyn, NY 11201