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TPP or OPP? Tenant vs Occupant Protection Plans in NYC

A Tenant Protection Plan covers occupied dwelling units. An Occupant Protection Plan covers occupied non-residential space. Mixed-use buildings need both. Plus the BC 3310 site safety threshold at 15 stories.

What is the difference between a TPP and an OPP in NYC?

A Tenant Protection Plan (TPP) is required when the building has occupied residential dwelling units. An Occupant Protection Plan (OPP) covers occupied non-residential space. A mixed-use building needs both. Separately, a building of 15 stories or more is a "major building" under BC 3310 and a site safety program — including a Site Safety Manager — is likely required.

Checklist row
Occupant protection
Code reference
BC 3310 (major building, 15 stories); BC 1705.26 (TPP compliance special inspection)
Filed through
With the DOB application, prepared by the RDP

What matters on a real job

TPP — residential

Occupied dwelling units trigger a Tenant Protection Plan. Who prepares it (usually the RDP) and who executes it in the field (usually the GC) are two different people.

OPP — non-residential

Occupied commercial or institutional space triggers an Occupant Protection Plan.

Mixed use means both

A building with apartments above and retail below needs both plans.

BC 3310 at 15 stories

Fifteen stories or more makes it a "major building" and a site safety program with a Site Safety Manager is likely required. This is a function of height, independent of what the scope says.

The bid set will not tell you

Bid documents almost never state "the building is occupied". Occupancy has to come from the building record, not from the drawings.