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7'-6" or 7'-0"? Half Story 70% of Floor Area Zoning Calculating Floor Area New York State

L

Loretta Castagna

Registered User
Joined
Sep 20, 2020
Messages
17
Location
Albany, NY
I'm rebuilding (hit by a tree) a one and a half story garage and the zoning for my city for a half story is "That floor area under a sloped roof where no more than 70 percent of the floor area meets the minimum ceiling height requirements under the applicable building code." When I go to the city website, I find a minimum ceiling heights of 7'-6" under the city municipal code 231-18, but Residential Code in New York State has a minimum ceiling height of 7-0" under R305.1.

Which would be the "applicable building code", the city code of 7'-6" or the state code of 7'-0"?
 
Not seeing public space defined???

Do you see one?

I am thinking if this is a private house, a garage is not a public space????!
 
It's a garage for a house, would it be "habitable" space, not "public space"? There is something in the city code on minimum height for habitable space, and references 7'-6":


ecode360.com

City of Albany, NY: Habitable space; size.

§ 231-14 Habitable space shall have a minimum ceiling height of seven feet six inches over 50% of the floor area; and the floor area where the ceiling height is less than five feet shall not be considered in computing floor area. A dwelling unit shall contain a
ecode360.com ecode360.com
 
Suggest give it a day or two for other replies.

You do want the truck to fit in!!!!


WHAT is the real question you have, about height.

What height do you want
 
I would like to use 7'-6" as the minimum ceiling height requirement, then I can have a higher ceiling by 6 inches in the half story floor above the joists in the garage to use as a workroom space.
 
the garage is not a habitable space or a public space. I think her question is more about which code prevails, the local city code of 7'-6", or the stricter NY residential code of 7'? I don't know the answer but have always wondered if local code amendments can trump state if LESS strict.
 
Robert said:
the garage is not a habitable space or a public space. I think her question is more about which code prevails, the local city code of 7'-6", or the stricter NY residential code of 7'? I don't know the answer but have always wondered if local code amendments can trump state if LESS strict.
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Yes, that is what I'm trying to find out, which code trumps which. I'd like to build the garage loft as high as I can (using the 7'-6" local city code) and I have sent emails to the City of Albany, I haven't heard back yet.
 
Loretta Castagna said:
. I'd like to build the garage loft as high as I can (using the 7'-6" local city code
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To repeat the question posed by the villageinspector ... what’s your point? You are going to build to the higher number anyway, thats going to satisfy both codes.
 
e hilton said:
To repeat the question posed by the villageinspector ... what’s your point? You are going to build to the higher number anyway, thats going to satisfy both codes.
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No, I would not satisfy both codes. I understand my sloped garage ceilings (scissor trusses) would be 6" lower if I went with the state code. Please explain if I am wrong.
 
Loretta Castagna said:
No, I would not satisfy both codes. I understand my sloped garage ceilings (scissor trusses) would be 6" lower if I went with the state code. Please explain if I am wrong.
Click to expand...

Ok still lost, normal

The numbers you find are. Minimum

You can always exceed,

So ten feet, so you can get your lifted truck in!!!
 

Appears this is the answer

231-14Habitable space; size.
A.
Habitable space shall have a minimum ceiling height of seven feet six inches over 50% of the floor area; and the floor area where the ceiling height is less than five feet shall not be considered in computing floor area.
 
cda said:
Appears this is the answer

231-14Habitable space; size.
A.
Habitable space shall have a minimum ceiling height of seven feet six inches over 50% of the floor area; and the floor area where the ceiling height is less than five feet shall not be considered in computing floor area.
Click to expand...

And what reason would you have that this section of code would trump the "stricter" (as in I can't build as high) New York State Code R305.1?
 
Loretta Castagna said:
And I could only find a draft of the 2020 NYS code online, can anyone confirm that R305.1 for New York State code is 7'-0"?
Click to expand...
You need to read the entire section of R305.1 as there are 3 exceptions. If you go to the NYS Dept of State website you will find free access to the 2020 NYS codes that were adopted on May 12, 2020
 
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