When designing for flat roofs in New York City (NYC), it is crucial to thoughtfully plan the placement of panels and pathways to prevent or reduce the need for extensive fall protection measures, satisfying the ever-changing requirements of both the Fire Department (FDNY) and the Department of Buildings (DOB). However, understanding the NYC regulations for rooftop fall protection can be challenging, and not understanding them often results in increased project costs. This document aims to offer valuable guidance on the implementation of guardrails, barriers, and other fall protection measures, while clarifying the responsible parties involved.

Note: the NYC Building and NYC Fire Codes are being interpreted and enforced (both pre and post-install) according to the understanding of different examiners. This is not a legal document, use at your own risk.

When and Where is Fall Protection Required?

When it comes to installing a rooftop solar electric system, there are two key codes that necessitate the implementation of permanent fall protection. The first is Section 504.4.5 of the 2022 NYC Fire Code, which focuses on emergency operations. The second is Section 1015.6 of the 2022 NYC Building Code, which pertains to maintenance operations. While the specific requirements for permanent fall protection may vary between these codes, the general rule is: Permanent fall protection is required on both residential and commercial flat roofs that have a pitch less than 9.5 degrees. 

Let’s first take a look at the 2022 NYC Fire Code. Section 504.4.5 states: 

In short, this means that:

• Fall protection is required along the fire pathway (except for in front of perimeter access landings) when the fire pathway runs adjacent to a side of a building that does not have existing fall protection and where there is a height differential of more than 6’.

Many residential brownstones or rowhouses in NYC already have a 42-inch parapet wall along the street-facing side of the building, flanked by adjacent buildings of similar height. This configuration leaves only the back of the house exposed, where the roof slope is at its lowest point for proper drainage. According to the 2022 NYC Fire Code, this means that only a short 6-foot section of guardrail is required at the end of the fire pathway, addressing the specific area that needs protection. However, more complex and costly situations arise in stand-alone buildings or rowhouses separated by a driveway, where there is only an adjacent building of equal height on one side. In such cases, it is advisable to design the fire pathway away from the unprotected side and instead direct it through the middle of the building or along the side that is adjacent to another building, effectively circumventing the need for additional fall protection measures.

To fulfill the fall protection requirements outlined in the 2022 NYC Fire Code, one option that our clients have found effective is the installation of prefabricated safety guardrails, which are available in various lengths, configurations, and mounting options. Typically, they can be directly mounted on the roof surface and appropriately flashed. Alternatively, they can be installed on top of existing short parapet walls or attached to the exterior wall of the building. These guardrails come in a standard height of 42 inches and include a midrail that spans horizontally, dividing the vertical distance in half to comply with the code requirement of preventing the passage of a 21-inch sphere. Here is an example of such an option:

There is, however, an exception to the standard guardrail construction requirement mentioned above. If a fire pathway runs alongside a building that can be accessed by a fire apparatus, such as the front of a building without an existing parapet wall, the street side of a building on a corner lot, or adjacent to a large parking lot, the guardrails must be significantly stronger to enable firefighters to safely dismount onto them while accessing the roof. These specific requirements can be found in Section 504.4.1 of the 2022 NYC Fire Code, titled "Rooftop Access," specifically Subsection 7, which states:

While there are potential ways to work around this requirement, such as running the fire pathways through the center of the building from front to back and side to side, these alternatives often result in a smaller overall PV system size. Here's an example illustrating the trade-off:

2022 NYC Building Code

Now let’s look at the 2022 NYC Building Code. NYC has begun to enforce Section 1015.6 which deals with mechanical equipment, systems, and devices, which states:

In summary, this means:

• Fall protection is required along any edge of the building that does not have existing fall protection when the solar panels are installed less than 10’ from the edge of the building and there is a height differential of more than 30”.

As mentioned earlier in this document, the section of the building code we are discussing pertains to the maintenance of rooftop equipment and applies to all sides of the building without sufficient fall protection, except for the designated fire pathway. In certain situations, this requirement can be excessive and costly. However, the building department acknowledges the additional complexities involved and has provided an alternative method of fall protection to fulfill this requirement.

While the same type of guardrails specified above can still be used, the building department is allowing the installation of permanent OSHA approved fall protection anchors that a maintenance worker can clip a harness to. The installation of these fall protection anchors can vary depending on the roof construction but, in essence, they are securely fastened to the roof in a manner that can withstand loading from all directions.

The effectiveness of utilizing fall protection anchors on complex roofs without adequate existing fall protection will depend on the roof height, which determines the maximum length of the harness that can be used. For instance, on two-story residential buildings, a harness radius of 20 to 25 feet may be sufficient to cover the entire roof perimeter with just a single anchor. This approach can offer a cost-effective solution to address fall protection needs in such scenarios.

However, it is important to note that these fall protection anchors serve the purpose of satisfying the requirements outlined by the Department of Buildings in the building code. They should not be considered as a substitute for the guardrail requirements specified in the fire code, as discussed earlier in this document. It is crucial to adhere to both sets of regulations to ensure comprehensive fall protection compliance and safeguard the well-being of workers on rooftops.

By considering the appropriate combination of guardrails, fall protection anchors, and other recommended measures, building owners can establish a comprehensive approach to fall protection that aligns with the respective requirements of both the fire code and the building code. This ensures the safety of workers and minimizes the potential risks associated with rooftop maintenance operations.