For a rooftop lounge or patio to be legal, it must be listed on the building's certificate of occupancy, along with the purpose of the space, the maximum number of people allowed and load limits.
Having a rooftop capacity that exceeds 74 people most likely triggers a requirement for a place of assembly certificate, which involves additional fire safety requirements and potentially greater insurance costs, said David Maggiotto, deputy press secretary for the Department of Buildings.
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