Rooftop Illegally Converted to Recreational Use

DOB issued a violation notice to the owner of a top-floor condominium for occupying the building roof in violation of the Certificate of Occupancy (C of O). The owner claimed that nothing barred the use of the roof, where she had installed a gazebo and storage shed. The ALJ ruled against the condo owner and fined her $2,400. She appealed and lost. Building Code Section 28-118.3.2 states that no change can be made to a building without amendment of the C of O. Since the building's C of O didn't specify any occupancy of the roof, occupancy of the roof for any use was unauthorized. It didn't matter that the condominium offering plan permitted use of the roof.

Mockler: ECB App. No. 1000798 (1/20/11) [3-pg. doc.]