Section
8. General Application of Chapter to Dwellings
9. Buildings Converted or Altered
10. Time for Compliance
11. Dwellings Damaged or Moved
12. Prohibited Uses
13. Application of Chapter to Existing Dwellings
14. Application of Chapter to Uncompleted Dwellings
Sec. 8. General Application of Chapter to Dwellings
All the requirements of this chapter shall apply to all kinds and classes of multiple dwellings, except where there are specific provisions, requirements or exceptions for one or more kinds or classes. A specific provision for one kind or class of dwelling shall apply only to that kind or class of dwelling, to which such reference is made. Whenever a specific provision is inconsistent with a general provision of this chapter, the specific provision shall apply and take precedence. The department shall have power to classify dwellings in accordance with the provisions of this chapter.
Sec. 9. Buildings Converted or Altered
1. On or after December fifteenth, nineteen hundred sixty-one no multiple dwelling shall be enlarged or its lot diminished so that the yard or other unoccupied areas shall be less in size or area, than the minimum dimensions prescribed in section twenty-six.
2. A building not a dwelling, if converted or altered after April eighteenth, nineteen hundred twenty-nine, to a multiple dwelling, shall thereupon become subject to all the provisions of this chapter applicable to dwellings of like class and kind erected after such date.
3. A dwelling of one class or kind, altered or converted after April eighteenth, nineteen hundred twenty-nine, to another class or kind, except as hereinafter in this section and in articles six and seven otherwise provided, shall thereupon become subject to all the provisions of this chapter applicable to a building of that class or kind, erected after such date, to which it is altered or converted.
4. No dwellings shall be altered so as to be in violation of any provision of this chapter relating to dwellings of like class and kind erected after April eighteenth, nineteen hundred twenty-nine, except that it shall be sufficient for the purposes of this section that tenements shall comply with article seven, converted dwellings comply with article six and lodging houses comply with section sixty-six. Nothing in this section shall, however, be deemed to prohibit the conversion or alteration of any multiple dwelling other, than a converted dwelling and a lodging house, from a class A to a class B multiple dwelling or vice-versa, provided that the entire dwelling is of fireproof construction and is made to conform to the applicable provisions of section sixty-seven and to all other provisions of this chapter applicable to multiple dwellings of like class and kind erected before April eighteenth, nineteen hundred and twenty-nine.
5. a. Any multiple dwelling may be altered to conform with any provision of this chapter applicable to dwellings of like class and kind and not expressly limited in application to dwellings erected after April eighteenth, nineteen hundred twenty-nine or to conform to the provisions of this chapter relating to egress or to exits from apartments in dwellings of like class and kind erected after such date, if such dwelling also conforms or is made to conform to all the requirements relating to stairs and public halls in dwellings erected after such date, except that existing dimensions of stair landings, treads and risers need not be changed.
b. An apartment in any part of a fireproof multiple dwelling erected before April eighteenth, nineteen hundred twenty-nine, may be altered or subdivided and need not conform to the requirements of paragraph A of this section relating to stairs and public halls, provided each newly created apartment has access to a public hall, which provides horizontal egress to at least two stairs. If both of such stairs are not arranged and designed as required by sections two hundred thirty-six and two hundred thirty-seven, at least one of such stairs shall be so arranged and designed, and the other shall be arranged and designed as required by section two hundred thirty-nine. Both stairs shall be protected by automatic sprinkler heads throughout.
6. Any tenement previously converted to other uses may be altered or reconverted to a tenement by complying with the provisions of article seven, provided, however, that its height and bulk were not enlarged prior to such alteration or reconversion, except as permitted by and in accordance with the provisions of sections two hundred eleven and two hundred twelve of this chapter.
7. In any class B multiple dwelling, except a rooming house or lodging house, any apartment may be occupied as an apartment in a class A multiple dwelling, provided such apartment complies with all the requirements for apartments in class A multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine. In any rooming house or lodging house one apartment may be occupied as an apartment in a class A multiple dwelling, provided such apartment is occupied solely by the owner, janitor, superintendent or caretaker.
8. Any apartment in any class A multiple dwelling may be occupied for single-room occupancy only, if such dwelling complies with the provisions of section two hundred forty-eight and all other provisions of this chapter applicable to such dwelling.
9. Excepting a frame dwelling, any dwelling three storeys or less in height erected after April eighteenth, nineteen hundred twenty-nine as a one or two-family dwelling may be converted to a multiple dwelling to be occupied by not more, than three families in all with a maximum occupancy of two families on each floor in a two-storey building and one family on each floor in a three-storey building, provided, however, that it shall be unlawful for any such dwelling converted at any time since October fifteenth, nineteen hundred fifty-two to have any boarders or roomers. In each such instance compliance shall be required with all the provisions of article six, including section one hundred seventy A of said article.
10. If any class A dwelling erected before April eighteenth, nineteen hundred twenty-nine is altered so as to increase the number of living rooms by more, than twenty per centum, such dwelling, except as otherwise provided in sections two hundred eighteen, two hundred thirty-five and two hundred thirty-six, shall be made to conform to the requirements of this chapter with respect to class A dwellings of like class and kind erected after such date.
Sec. 10. Time for Compliance
All alterations required by this chapter upon dwellings erected before its adoption by or application to any city, town or village in whole or in part shall, unless specifically provided otherwise in this chapter, be made not later, than five years after such adoption or application or at such earlier date as may be deemed necessary by the department, in order to remove a condition dangerous or detrimental to life or health.
Sec. 11. Dwellings Damaged or Moved
1. If a multiple dwelling be damaged by fire or other cause to the extent of two-thirds or more of its value at the time of such damage exclusive of the value of the foundation, such dwelling shall not be repaired or rebuilt, except in conformity with the provisions of this chapter relative to dwellings erected after April eighteenth, nineteen hundred twenty-nine.
2. If any non-fireproof stair in any multiple dwelling be damaged by fire or other cause to such extent that such stair or the first flight thereof above the entrance storey is required to be rebuilt, such stair, to the extent that it is required to be rebuilt, shall be fire-retarded throughout.
3. If any dwelling be moved from one lot to another, such dwelling shall thereupon be made to conform to all the provisions of this chapter relative to light, ventilation, fire protection and egress of a dwelling erected after April eighteenth, nineteen hundred twenty-nine, but no frame building of any kind whatsoever shall be moved, so as to be placed upon the same lot with any multiple dwelling, nor shall any multiple dwelling be moved, so as to be placed upon the same lot with any frame building.
Sec. 12. Prohibited Uses
1. It shall be unlawful to use any multiple dwelling or any part of the lot or premises thereof for the purpose of prostitution or assignation of any description.
2. It shall be unlawful to keep any horse, cow, calf, swine, rabbit, sheep, goat, chicken or duck or any pigeon, except Antwerp or homing pigeons in or on any multiple dwelling or on the lot or premises thereof, unless permitted by and in accordance with local law or regulation.
3. It shall be unlawful to use any multiple dwelling or any part of the lot or premises thereof for the keeping, storing or handling of any combustible article or any article dangerous or detrimental to life or health, unless a permit is obtained for such use in conformity with provisions prescribed by local law and where such local law does not exist, in conformity with provisions prescribed by the fire department.
Sec. 13. Application of Chapter to Existing Dwellings
Any building erected and occupied on or before April eighteenth, nineteen hundred twenty-nine or thereafter as a tenement, which is not recorded as such in the department shall be required to comply with all the provisions governing dwellings of like class or kind erected after such date. Except as otherwise expressly required in this section and in sections nine and twenty-five, subdivision six of section thirty-one and sections thirty-three, sixty-six and sixty-seven and in articles six and seven, nothing in this chapter shall be construed to require any change in the construction, use or occupancy of any multiple dwelling lawfully occupied as such on April eighteenth, nineteen hundred twenty-nine under the provisions of all local laws, ordinances, rules and regulations applicable thereto on such date. But should the occupancy of any such dwelling be changed to any other kind or class after such date, such dwelling shall be required to comply with the provisions of section nine.
Sec. 14. Application of Chapter to Uncompleted Dwellings
1. The provisions of this chapter relating to multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine shall not apply to any multiple dwelling, for which plans were on file with the department or a permit to commence building was issued by the department before August ninth, nineteen hundred twenty-nine and the entire building shall have been completed according to the plans filed with the department, subject to any lawful subsequent amendment thereto, before July first, nineteen hundred forty-seven.
2. No provisions of any part of this section shall be deemed to prohibit the amendment of any plans filed and approved before April eighteenth, nineteen hundred twenty-nine, if such amendment would have been lawful before such date or if such amendment complies with the requirements of this chapter for alterations to buildings of like class and kind existing before April eighteenth, nineteen hundred twenty-nine.
3. A permit to commence building issued by the department before April eighteenth, nineteen hundred twenty-nine, based upon plans filed and approved for a multiple dwelling described in subdivision one, shall be deemed to be in compliance with section three hundred.
4. The provisions of this chapter relating to multiple dwellings erected and occupied as such before April eighteenth, nineteen hundred twenty-nine shall apply to the dwellings described in this section, except, however, that, unless otherwise expressly required in article three, nothing in this chapter shall be construed to require any change in the plans or occupancy of any such dwelling, if it be fireproof and the plans therefore, when filed, were in compliance with the provisions of all local laws, ordinances, rules and regulations applicable thereto and in effect on April eighteenth, nineteen hundred twenty-nine or were subsequently amended to comply with such provisions.