Hosting a Fourth of July Party on the Roof? Protect Yourself & Your Building

Is rooftop access even allowed? The first step is to confirm that recreational use of the roof is permitted. Certain Department of Building code requirements must be met for people to use the roof, explains Lisa Smith, a partner at Smith, Gambrell & Russell who represents cooperative and condominium buildings. "For example," she adds, "the parapet wall needs to be a certain height." The board should confirm with the building's managing agent that people are allowed to access the roof. If the agent does not know offhand, then the building's architect/engineer can confirm.

If recreational use isn't allowed, then the building cannot allow people to gather on the roof. If it is, the next step a board should take is to check the building's insurance coverage. "If the board or agent are uncertain about coverage, the agent can confirm with the building's insurance broker," says Smith.

Draft some roof rules. If the board hasn't set down rules for roof access, now is the time to draft some. "Some buildings have roof rules that are very comprehensive and numerous," explains Smith. "Others are as simple as denoting the hours when roof usage is permitted and requiring people to clean up their trash." The type of rules you draft really depends on your building. But a rule everyone should consider is one to limit the number of guests an owner may bring to the roof. "Usually, if someone wants to host a party on the roof, he or she must provide the building with advance notice along with the names of the guests so that the doorman or concierge can permit them to enter the building. Inasmuch as the roof has a maximum capacity, you need to manage the total number of people who will access the roof this weekend," says Smith.

Fireworks show. Smith recommends that boards who allow residents to view the fireworks on the roof this weekend "distribute copies of its roof rules along with a short agreement (a few paragraphs) that states residents acknowledge the building has graciously permitted them to use the roof as an accommodation, [and that] they have received a copy of the rules, agree to abide by them, and agree to indemnify the building."

About that booze. So, is it a good idea to have a group of people on a rooftop drinking alcoholic beverages? Maybe not this weekend, says Smith: "Even if a building allows residents to take alcoholic beverages on the roof (no glass containers), it is strongly recommended that the rule be amended for this weekend and no alcohol permitted during the viewing of the fireworks."

If an accident occurs, a lawsuit is inevitable. So it behooves boards to do what they can to prevent accidents from occurring, as well as lessen their liability should something happen. And when it comes to having a potentially larger-than-usual gathering on a rooftop, it's just safest to ensure everyone is sober. "The goal is to allow everyone to safely enjoy the spectacular firework display in the company of friends and family. It can be done when everyone is willing to abide by the rules, to be smart, and to be safe," asserts Smith.

Bringing in backup. Although many boards have additional building staff assist in overseeing events, some buildings opt to hire a security guard — especially if the event takes place on the rooftop. "It is only for a few hours and the guard tends to wield more authority than the staff members whom residents are accustomed to seeing every day," explains Smith.