Your grandfather could have done this without a permit in the '20s, but by 1938 there were building codes that recognized what we in public safety know well. Above the second floor, there is an approximate 5 percent survival rate in a fire. If your home is made of masonry, has plaster walls and ceilings, you may have a higher chance of survival, but who wants to find out? You're required to apply for a permit, and if you can show that the top floor was listed as a "third floor," not an "attic," on the tax assessor's records from 1937 or earlier, your municipality may allow the "as of right" use of the top floor as habitable space. Some won't require a permit, since it would have been part of the original permit, but you must check the building department's description.Often, top floors weren't listed or only shown as attics. If that's the case, you'll need to plan for sprinklers on the top floor and on all other floors in order to occupy the third story. A second means of escape is also required, from the exterior: steps, stairs, a terrace or a similar means of safe escape to the ground. Before applying for a permit, you'll need to verify whether your local municipality will allow an occupied third story, according to its zoning regulation. Many won't without your first submitting plans and applications, being denied, and then applying for a zoning hearing. Others may approve, based on the merits of your case and sufficient compliance with the safety requirements of the code. There are other issues, such as whether your local fire department has tall-enough equipment, the distance of the required fire escape to property lines, the appearance of the escape, and the safety of the escape method. Many municipalities have architectural review boards that may not accept the escape if it's unsightly or if it limits property access in a side yard.With all the requirements and scrutiny, I can understand why someone told you to "just do it," but safety is the first and most important factor. I'm sure the space starts out, as many do, as an "occasional use," but then eventually becomes a bedroom. As rare as it is to have a home fire, thousands of people die or are injured each year in residential fires, so you can understand the need to protect life. Your fire department works hard enough to brave second-floor fires. Remember, you put them at risk, as well as family and friends, if you do the work without proper safety precautions. Exercise care, and enjoy your new home!Readers are encouraged to send questions to: HERALD Homes, 379 Central Avenue, P.O. Box 220, Lawrence, N.Y. 11559-0220Attn: Monte Leeper, architect.
