Certificate of Occupancy vs. Public Assembly: Key Differences & Requirements

In New York City, building use and occupancy regulations are enforced by the Department of Buildings (DOB) and the Fire Department of New York (FDNY) to ensure safety and compliance. Two key documents govern how spaces can be legally used and occupied: the Certificate of Occupancy (CO) and the Public Assembly Certificate of Operation Permit (PACO).

A Certificate of Occupancy (CO) defines a building’s approved use, occupancy classification, and maximum legal capacity. It is required for all new buildings, major renovations, and changes in use or occupancy type. A Public Assembly Permit, mandated under NYC Administrative Code § 28-117.1, applies to any space where 75 or more people gather inside a building, ensuring compliance with fire safety, egress, and seating regulations. This permit must be renewed annually.

Failing to secure the correct approvals can lead to stop-work orders, fines, or immediate closures, making compliance essential for property owners and business operators.

What Is a Certificate of Occupancy?

A Certificate of Occupancy (CO) is issued by the DOB and determines how a building or space can legally be used. It specifies:

• Zoning Use Group (e.g., residential, commercial, manufacturing).
• Occupancy Classification (e.g., business, assembly, mercantile, factory).
• Maximum Legal Occupancy Load.
• Egress and Fire Safety Compliance.

If a business changes use, occupancy type, or undergoes significant renovations, a new CO is required. For example, converting an office space into a restaurant requires an updated CO. Operating outside an approved CO can lead to DOB violations and business closure.

What Is a Public Assembly Permit?

A Public Assembly Permit is required for any space where 75 or more people gather inside a building.  Retail and typical Office uses do not require PA permits.  However, spaces where people gather inside of a building for a common use, such as restaurants, event venues, conference rooms, and theaters whereby the occupant load exceeds 74 persons in a defined area. It ensures compliance with:

• Occupancy limits and seating layouts
• Emergency egress and fire safety requirements.
• Annual FDNY and DOB inspections.

Unlike a CO, which applies to an entire building, a Public Assembly Permit regulates specific gathering spaces and must be renewed annually. A PA filing is required for review, approval and initial inspection by DOB prior to a PACO being issued.   Once issued, FDNY is notified of the PA permit and approved plans showing a specific layout. FDNY will charge a fee annually to inspect the space to ensure the layout still matches the approved plan and remains code compliant. Without one, businesses risk fines, shutdowns, and legal action. Temporary Public Assembly Permits (TPAs) are available for one-time events that meet fire safety standards.

Key Differences Between a CO and a Public Assembly Permit

While both documents regulate legal occupancy, their purposes differ:

• A CO governs the entire building, defining approved use and occupancy limits.
• A Public Assembly Permit applies to spaces where 75+ people gather, focusing on seating, egress, and fire safety.
• TCO’s must be renewed every 90 days, a Final CO is issued once, while a Public Assembly Permit must be renewed annually.
• A business may have a valid CO but still require a Public Assembly Permit if its seating capacity exceeds 75 people.

For example, a restaurant may legally operate under a CO but still require a Public Assembly Permit if it expands to seat more than 75 guests. Conversely, a space not zoned for assembly use on its CO cannot obtain a Public Assembly Permit without modifying its Certificate of Occupancy.

Avoiding Violations & Business Disruptions

Operating without the correct CO or Public Assembly Permit can result in:

• DOB violations and illegal occupancy penalties.
• FDNY fines for missing fire safety and egress compliance.
• Immediate closure orders and loss of business license.

For example, if a nightclub operates without a Public Assembly Permit, FDNY can shut it down for violating fire safety codes. Similarly, if a warehouse is converted into an event space without updating its CO, it may be deemed illegal for public use.

How BVS Helps with COs and Public Assembly Permits

Navigating NYC’s occupancy regulations requires expertise. At BVS, we help property owners and business operators secure Certificates of Occupancy, obtain Public Assembly Permits, and resolve DOB and FDNY compliance issues.

Whether you need to update a CO, apply for a Public Assembly Permit, or address zoning violations, BVS ensures your business remains legally operational and free from regulatory setbacks.