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legality of wire fence on roof

albert cohen

We own a top-floor apartment in Brooklyn with roof access. A family has moved in to the rental unit next door (it's an 8-unit building) and added wire fencing to the existing metal railing, which is 4 ft high. The wire fencing extends a couple feet over the existing railing. It's ugly of course, but they refuse to cut the wire to the height of the railing, citing safety concerns over their young child and dog. The wire fencing also covers the entrance to a fire escape, although only this apartment unit has access to this fire escape. 

Blocking the fire escape seems like an obvious code violation, but does the fencing itself require a permit? 

 
Apr 21, 18 7:58 pm
albert cohen

I should clarify that the family lives in a separate building from ours. 

Apr 21, 18 8:39 pm  · 
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randomised

It's a rental so maybe let the owner know about it?

Apr 22, 18 7:36 am  · 
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albert cohen

​yes, that may be necessary - but it'd be good to know what's legal/permissible. but thank you.

Apr 22, 18 10:07 am  · 
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Wilma Buttfit

You can look up what requires a building permit in your municipal code. 

Apr 22, 18 10:34 am  · 
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albert cohen

thanks!

Apr 22, 18 12:56 pm  · 
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wynne1architect@gmail.com

Cattle wire seems an easy fix.

Apr 22, 18 11:25 am  · 
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albert cohen

cattle wire is what they put up. when you had a good view for a few years and then that gets put up, it's pretty frustrating. but i guess we'll have to just deal with it.

Apr 22, 18 12:58 pm  · 
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wynne1architect@gmail.com

Oh, I see you are upset with your neighbors, shame on you! It is Sunday, turn the other cheek bro.

Apr 22, 18 11:26 am  · 
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albert cohen

we will try!

Apr 22, 18 12:56 pm  · 
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randomised

Don't turn the other cheek when they are being jerks and put up some ugly ass fence that ruins your view and blocks an emergency escape. Only problem is if the new height of their fence is totally legal and they decide to use something denser just to get back at you.

Apr 22, 18 1:55 pm  · 
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albert cohen

That's exactly what I was thinking!

Apr 22, 18 7:34 pm  · 
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Non Sequitur

I don't think barbed wire fencing is allowed in my zoning regulations.

Apr 22, 18 8:39 pm  · 
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albert cohen

Yes, it's probably not allowed here either.

Apr 23, 18 11:14 am  · 
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Flatfish

Roof screens need permits. Besides the blocked fire escape, there are issues related to snow load (fencing allows higher drifts to accumulate, increasing snow load) and to proper attachment and anchorage.  But if you set the code enforcers on your neighbor, make sure they can't turn around and do the same to you. The vast majority of apartments in NYC with "roof access" aren't properly designed or permitted for that.  You may get their fence taken away only to have your ability to use your own roof taken away.  

Apr 22, 18 11:06 pm  · 
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albert cohen

That's very smart and informative. Thank you!

Apr 23, 18 11:13 am  · 
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