One of the most frequently asked questions we receive is, “What’s the difference between an awning, a canopy and a marquee?” The next question is usually, “Why does it matter?”
The definition for each type of covering is specified in Section 202 of the New York City Building Code. Why does it matter? Because each type of covering comes with different rules and obligations for the property owner. While many architects and owners refer to any covered building protusion as a canopy, this can lead to inadvertent violations of the Building Code and costly fines.
What “Awning” Means
Per Section 202 of the Building Code, the DOB defines an awning as:
- an architectural projection
- that provides weather protection, identity or decoration;
- and is wholly supported by the building to which it is attached.
Additionally, an awning is “comprised of a lightweight frame structure over which a covering is attached.”
What “Canopy” Means
“Canopy” holds a different meaning than “awning.” The Building Code defines a canopy as:
- a permanent structure or architectural projection of rigid construction
- over which a covering is attached
- that provides weather protection, identity or decoration,
- which shall be structurally independent,
- or supported by attachment to a building on one end and by not fewer than one stanchion at the outer end.
Awnings vs. Canopies
The difference between awnings and canopies comes down to structural support: an awning cannot have any posts, while a canopy must have at least one post or stanchion.
Although awnings, canopies, and marquees are probably most common at entrance doors, they are not required to be at entrances. Awnings, in particular, are often located at windows.
Awning Rules in New York City
Both awnings and canopies are covered by Chapter 31 of the NYC Building Code (§BC 3105).
- They must be capable of bearing wind, snow, lateral and live loads as required by Chapter 16 of the Building Code.
- They should be designed to prevent deterioration.
- Frames must be made of a non-combustible material.
- The coverings must meet fire propagation performance criteria or be comprised of a material that will not increase fire spread.
- Awnings and canopies must be fixed, retractable, folding, or collapsible.
Both awnings and marquees must also comply with Chapter 32 of the Building Code regarding encroachments into the public right of way.
What “Marquee” Means
Under the Building Code, a “marquee” is:
- A permanent,
- roofed structure
- attached to and supported by the building
- and that projects into the public right of way.
Often seen over the entrance to a theater or a hotel, the purpose of the marquee is to convey information. Although we tend to think of a marquee as a sign with flashing lights, not all marquees (especially those for hotels) include lights.
Marquee Rules in New York City
Marquees are subject to the provisions of Chapter 32 of the NYC Building Code (§3202.2.1.4), including distance from the curb, height, and thickness.
- Marquees may only be erected on certain types of buildings – and, depending on the borough, at certain locations.
- If a building that formerly had a legally permitted marquee changes its occupancy type to one that does not permit marquees, the original marquee must be removed.
- Before a marquee is erected, the owner must get approval from the Departments of Consumer Affairs, Transportation, and Environmental Protection.
- Any text on the marquee may be considered a “Sign” for purposes of the Building Code, and may require additional permits and approvals.
Complaints About Awnings, Canopies and Marquees
In addition to mandatory routine inspections and self-reporting, owners may find themselves the subject of 311 complaints about their awnings, canopies or marquees. Notably, there is a slightly different complaint process for canopies than for awnings and marquees. This is yet another reason why it’s important to understand the specific type of covering your building has. If a complaint is made about your property, the first step is confirming that the correct reporting mechanism was used.
Questions about what rules apply to your building? Contact us.