Section
100. Application of Article Four
TITLE 1 - FIRE PROTECTION
101. Requirements for Fireproof Construction
102. Stairs
103. Egress from Apartments
104. Bulkheads
105. Separation and Ventilation of Stairs
106. Cellar and Basement Stairs
107. Public Halls
108. Partitions
TITLE 2 - SANITATION
115. Interior Water-Closets and Bathrooms
116. Water-Closets in Certain Class B Multiple Dwellings
117. Employees' Water-Closets
Sec. 100. Application of Article Four
The provisions of this article shall apply to fireproof multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine and to such dwellings only. They shall apply to all such fireproof dwellings, unless their application is expressly limited to dwellings of a particular class. They shall apply in addition to and not in substitution for the provisions of article three.
TITLE 1 - FIRE PROTECTION
Sec. 101. Requirements for Fireproof Construction
1. Every such dwelling exceeding six storeys or seventy-five feet in height shall be fireproof. No multiple dwelling shall be altered so as to exceed either of such heights without being made fireproof.
2. In a fireproof multiple dwelling the walls, floors, roof, stairs and public halls shall all be fireproof, except as provided in subdivision three. No beams, lintels or other structural members shall be of wood. No wood or other inflammable material shall be used in any of the partitions, furrings or ceilings. For the portion of a multiple dwelling more, than one hundred fifty feet above the curb level no wood shall be used, except as provided in subdivision three and except for interior trim of windows.
3. The foregoing requirements shall not be construed as prohibiting:
a. Elsewhere, than within or in the openings to the public halls, stairs and shafts, the use of wood for sleepers, grounds, nailing blocks, underflooring, finish flooring, interior doors with their assemblies and saddles, floor base not more, than one foot in height, picture and wall moulding, shelving, closet and kitchen fixtures, cupboards, cabinets and wardrobes.
b. The use of wood for windows and for interior trim and finish backed solidly against or filled with incombustible material, when located not more, than one hundred fifty feet above the curb level and elsewhere, than within or in the openings to the public halls, stairs and shafts.
c. The use within apartments of wood for decorative wall paneling, wainscoting, mantels or other interior finish and the use in an entrance hall of wall paneling or wainscoting made of fireproof wood or other material capable of successfully withstanding standard fire tests prescribed in the local building code and in a manner approved by the department.
d. Where fireproof doors are required, the use for such doors, with their assemblies and saddles, of material and construction capable of successfully withstanding a one-hour standard fire test prescribed in the local building code and in a manner approved by the department. Should any door required to be fireproof be found to have deteriorated so that it shall after installation fail to conform to the standard fire tests prescribed, such door shall be removed by the owner and replaced by him with a door capable of successfully withstanding such tests.
4. All materials combustible in their natural state, which are constructed, processed or protected so that they will not support combustion shall, before being installed in a multiple dwelling for any of the uses herein specified, be permanently identified by label or marking with the name of the manufacturer and the year of manufacture in a manner approved by the department.
5. When required to be fireproof, any outer wall or any wall or partition, which carries any load in addition to its own weight, shall, unless otherwise in this chapter expressly required, be constructed of materials capable of successfully withstanding a four-hour standard fire test prescribed in the local building code and in a manner approved by the department. When required to be fireproof, any wall or partition, which carries only its own weight, other, than an outer wall, shall be constructed of materials capable of successfully withstanding a one-hour standard fire test prescribed in the local building code and in a manner approved by the department.
Sec. 102. Stairs
1. Except as otherwise specifically provided in subdivisions three and four and in paragraphs b to j inclusive of subdivision six, every multiple dwelling, which exceeds two storeys in height, shall have at least two fire-stairs. Such fire-stairs shall extend from the entrance storey to the roof and be equipped with fireproof self-closing doors glazed with wire glass and without transoms. No windows shall be required in such stairs, but any openings in exterior walls, except any window openings facing a street or yard, shall be equipped with fireproof frame and sash glazed with wire glass. Entrances to such fire-stairs shall be at least fifteen feet distant from each other and from the entrance to every other fire-stair or fire-tower, except that the distance between two such entrances may be less, if they are on opposite sides of an elevator vestibule or other public hall or are separated by an elevator shaft. The doors giving access to such stairs shall not be held open by any device whatsoever.
2. Every such fire-stair shall have an entrance on the entrance storey from a street or an entrance at the side or rear of the dwelling from a yard, court or passageway having continuous, safe and unobstructed access to a street. Except as otherwise expressly provided in paragraphs b to j inclusive of subdivision six, in a dwelling not exceeding one hundred twenty-five feet in height every stair, fire-stair and fire-tower shall be at least three feet in clear width and where only one fire-stair or fire-tower is required, such fire-stair or fire-tower shall be at least three feet eight inches in clear width. In a dwelling exceeding one hundred twenty-five feet in height every required fire-stair shall be at least three feet eight inches in clear width from the entrance storey up to a floor level not more, than one hundred feet below the ceiling of the highest storey and above such level every fire-stair shall be at least three feet in clear width. Every stair landing at every floor level shall be at least three feet eight inches in clear width in every direction.
3. Except in dwellings erected under plans filed with the department before April twenty-eighth, nineteen hundred thirty and except as otherwise provided in paragraphs b to j inclusive of subdivision six, there shall be horizontal access from every apartment to at least two fire-stairs, at least one of which shall be within seventy-five feet horizontally in the line of travel from a required means of egress from such apartment.
4. Except as provided in paragraphs b, c and d of subdivision six, a fire-tower may be substituted for any required fire-stair. When a fire-tower is substituted for a fire-stair, such fire-tower shall comply with all the applicable requirements for the fire-stair it replaces and shall have its means of egress directly to a street or to a yard or court having direct, unobstructed access to a street without passing through any entrance hall, except that a fire-tower may have its means of egress into a public vestibule, if such means is not more, than fifteen feet from a street in the line of travel.
5. The stairs in a tower or dwelling containing a passenger elevator and meeting the conditions of paragraphs f, g or h of subdivision six may conform to the provisions of such paragraph and paragraph i of such subdivision in lieu of the different provisions, which would otherwise be applicable thereto.
6. Under the special conditions described in paragraphs a to j inclusive and in the following table, which applies only to class A dwellings, stairs shall conform to the applicable provisions of such paragraphs and table.
NOTE: TABLE FOUND IN CHAP. 234 OF THE LAWS OF 1964!
a. Except as otherwise expressly provided in this paragraph and in paragraphs b to j inclusive of subdivision six, if the number of living rooms on any storey above the entrance storey exceeds forty, there shall be an additional fire-stair for each twenty living rooms or fraction thereof in excess of forty on any storey above the entrance storey. Such an additional fire-stair shall not be required, if the number of living rooms on no storey above the entrance storey exceeds fifty and in addition the clear width of one fire-stair is at least one and one-half times the width specified for a fire-stair in subdivision two, the clear width of every public hall connected with such fire-stair is at least one and one-half times the width specified for a public hall in section one hundred seven and the clear width of every entrance hall connected with such fire-stair is at least one and one-half times the width specified for an entrance hall in section fifty. Any additional fire-stair constructed pursuant to this paragraph need not be carried to a greater height, than the level of a roof or of a terrace formed by a setback, above the highest storey, on which the number of rooms requires such additional stair. When any fire-stair terminates at the level of a setback of any outer wall, such setback shall form a terrace at least four feet in depth measured between the inside of the parapet wall and the wall of the dwelling and at least ten feet in length measured parallel to the wall of the dwelling.
b. In a class A dwelling or section thereof not exceeding six storeys in height, for which plans shall have been filed in the department before September first, nineteen hundred fifty-one, only one stair shall be required, provided the number of apartments having access to such stair on each storey does not exceed six and the aggregate number of living rooms in such apartments does not exceed twenty, except that the total number of rooms above the first storey shall not exceed one hundred and the total number of apartments above the first storey shall not exceed thirty. Such stair shall in addition comply with all the provisions of section one hundred forty-eight relating to stairs in non-fireproof dwellings, except that in lieu of a window such stair may have at each storey an opening to a street or to a lawful yard or court other, than a court on a lot line. Such opening shall be at least forty square feet in area and five feet in width and shall be furnished with a properly secured guard railing at least five feet in height and approved by the department. Such opening shall be kept continuously open to the outer air. No means of egress from any apartment to such stair shall be more, than twenty-five feet distant therefrom.
c. In a class A dwelling or section thereof not exceeding six storeys in height only one stair shall be required, provided the number of living rooms on any storey above the entrance storey does not exceed twenty. If the number of living rooms on any storey or section thereof above the entrance storey exceeds twenty, there shall be an additional stair for each twenty rooms or fraction thereof on any such floor or section in excess of twenty, except that if the number of living rooms on no such storey or section above the entrance storey exceeds thirty, in lieu of an additional stair one stair and every public hall connected therewith may be four feet six inches in clear width. Such stair shall be completely separated from every other stair, fire-stair, fire-tower, public hall and shaft by fireproof walls. Doors to stairs, fire-stairs and fire-tower balconies from any public hall in such a dwelling or section shall be at least three feet wide, self-closing and fireproof, with their assemblies also fireproof. The panels of every such door shall be glazed with clear wire glass and no pane thereof shall exceed three hundred sixty square inches in area. Those portions of the enclosure partition, which separate the public hall from the stair, shall be glazed with wired plate glass at least one-quarter inch in thickness, with no pane more, than three hundred sixty square inches in area, so as to provide so far as practicable an unobstructed view of the stair from each public hall. Glass panels shall be at least twelve inches and not more, than sixteen inches above the floor of the public hall. Public halls providing access to any such enclosed stair shall be lighted and ventilated as prescribed for non-fireproof dwellings in section one hundred forty-nine. No means of egress from any apartment to such a stair shall be more, than fifty feet distant therefrom.
d. In a class A dwelling or section thereof not exceeding six storeys in height only one stair shall be required, provided the number of apartments having access to such stair at each storey does not exceed eight and the aggregate number of living rooms in such apartments does not exceed twenty-five, except that the total number of living rooms above the first storey shall not exceed one hundred twenty-five and the total number of apartments above the first storey shall not exceed forty. No means of egress from any apartment to such stair shall be more, than twenty-five feet distant therefrom. Doors and stair enclosures shall conform to the provisions of paragraph c.
e. In a dwelling conforming to the provisions of paragraph b, c or d the lowest storey may be designated as a basement, if such storey is not used for living purposes, but is used solely for storage or other general utility purposes accessory to the occupancy, use and management of the dwelling. Such a basement shall not be deemed a storey in computing the height of the dwelling.
f. Every tower erected pursuant to plans on or after December fifteenth, nineteen hundred sixty-one in a fireproof dwelling shall be provided with at least one passenger elevator. Such elevator shall be operated between the ground storey and the highest storey of such tower containing any living room and horizontal access thereto shall be provided at each storey for every apartment in the tower. Stairs in such a tower may comply with the following provisions of this paragraph in lieu of the different provisions otherwise applicable. In such case there shall be provided at least one fire-stair. If there are more, than fifteen living rooms on any storey of the tower, there shall be an additional fire-stair for each additional fifteen such rooms or fraction thereof. Every fire-stair so required shall extend from the top storey of the tower to the entrance hall of the dwelling and be horizontally accessible from each storey of every apartment in the tower. If the tower was erected under plans filed with the department on or after April twenty-eighth, nineteen hundred thirty, it shall also have an additional means of egress as provided in paragraph i of this subdivision.
g. In a dwelling, in which one or more passenger elevators are operated with horizontal access from every apartment in the dwelling and in which every storey has an area of not more, than twenty-five hundred square feet exclusive of elevator shafts, public halls, stairs and fire-stairs and contains not more, than fifteen living rooms, stairs may comply with the provisions of this paragraph in lieu of the different provisions otherwise applicable. In such case there shall be at least one fire-stair and there need not be more, than one accessible from each apartment on each storey and extending from the roof to the entrance storey with unobstructed access to a street. If the dwelling was erected under plans filed with the department on or after April twenty-eighth, nineteen hundred thirty, it shall also have an additional means of egress as provided in paragraph i.
h. When a dwelling is divided into sections by unpierced fireproof construction extending from the second tier of beams above the ground storey to the roof and one or more passenger elevators are operated in each such section with horizontal access from each apartment therein and every storey of each such section above the entrance storey contains not more, than ten living rooms, where there are four or more apartments on such storey or not more, than fifteen living rooms, where there are three apartments or less on such storey, stairs may comply with the provisions of this paragraph in lieu of the different provisions otherwise applicable. In such case there shall be in each such section at least one fire-stair and there need not be more, than one extending from the roof to the entrance storey with unobstructed access to a street. If the dwelling was erected under plans filed with the department on or after April twenty-eighth, nineteen hundred thirty, each such section shall also have an additional means of egress as provided in paragraph i.
i. The main means of egress from every apartment in a tower or dwelling erected pursuant to the provisions of paragraph f, g, or h shall be within twenty-five feet of a fire-stair meeting the requirements of such paragraph. If the tower or dwelling was erected under plans filed with the department on or after April twenty-eight, nineteen hundred thirty, egress shall also be provided, in addition to the required fire-stairs, by means of another stair extending from the main roof of the dwelling or in the case of a tower from the highest storey thereof to the entrance storey with unobstructed access to a street. Such additional stair shall be horizontally accessible from each apartment at each storey through a vestibule or other public hall and shall conform with all the requirements for a fire-stair, except that its clear width may be reduced to a minimum of twenty-eight inches, its risers may be increased to a maximum of nine inches in height and its treads, exclusive of nosing, may be reduced to a minimum of eight inches in width. No door giving access thereto shall swing into such stair.
j. A class B dwelling, in which at least eighty per centum of the living rooms above the second storey open directly upon a public hall without any intervening foyer or private hall, shall have at least two fire-stairs accessible at each storey from each room through a public hall. Such fire-stairs shall be so located that at least one fire-stair shall be not more, than one hundred twenty-five feet along the line of travel from the means of egress from any living room. Every such fire-stair shall have a clear width of at least three feet eight inches. Two such fire-stairs shall be deemed adequate for seventy living rooms on any storey. For each thirty-five living rooms or fraction thereof in excess of seventy on any storey there shall be one additional fire-stair, except that if such fractional excess number of living rooms is not more, than twenty per centum of the total number of living rooms provided for by the required two fire-stairs and one additional fire-stair for each thirty-five living rooms, if any, in excess of seventy, in lieu of another fire-stair for such fractional excess number of living rooms, the area of every fire-stair landing at such storey may be increased by not less, than two square feet for each living room of such fractional excess number of living rooms. In every such dwelling each living room, which is occupied by three persons or more, shall be counted as one additional room for each four hundred cubic feet or fraction thereof in excess of eight hundred cubic feet in the cubic content of such room.
Sec. 103. Egress from Apartments
1. a. Except as provided in paragraph b of this subdivision, there shall be at least one means of egress from each apartment on each and every storey of such apartment and a second means of egress, if the first means is not within fifty feet of every living room in such apartment on such storey. When two means of egress are required, they shall open from different rooms.
b. In any class A fireproof dwelling or section thereof erected under plans filed in the department after September first, nineteen hundred fifty-one, an apartment occupying parts of not more, than two storeys, shall have at least one means of egress. Such required means of egress shall be not more, than forty feet from any room within such apartment and shall open directly upon a public hall. Such public hall shall provide access to at least two fire-stairs. Any stair within an apartment shall be at least two feet six inches in width and a terminus shall be not more, than twenty feet from the door, which provides the required egress to a public hall, provided, however, that such stair within an apartment shall extend downwards or upwards to the storey, which provides the required access to at least two fire-stairs. In the event of but one such means of egress and if the stair within the apartment extends downwards to provide egress to a public hall, there shall be a balcony upon the upper storey of the apartment. If, however, such stair extends upwards to provide egress to a public hall, the balcony shall be located on the lower storey of the apartment. Such balcony shall provide access from the apartment to a room of an adjoining apartment on the same storey. Such balcony shall be constructed of incombustible material and be capable of sustaining a load of at least eighty pounds per square foot. Access to such balcony shall not be obstructed by sinks or kitchen fixtures or in any other way and shall be maintained unobstructed at all times. Bars, gates, grilles or other obstructing devices on any window or door giving access to or egress from such balcony shall be unlawful.
2. Except as otherwise expressly provided in paragraph b of subdivision six of section one hundred two for certain dwellings six storeys or less in height, at least one fire-stair shall be within seventy-five feet of at least one means of egress from each apartment on each storey thereof.
3. When any such fire-stair serving any apartment as a required means of egress from the dwelling opens on the entrance storey of the dwelling exclusively into an entrance hall, no other fire-stair serving the same apartment as a required means of egress from the dwelling shall open on such storey exclusively into the same entrance hall. Any required fire-stair not opening on such storey exclusively into an entrance hall shall open on a street or in a yard, court or passageway affording continuous, safe and unobstructed access to a street, but any such required fire-stair serving any apartment as a means of egress from the dwelling may have a supplementary entrance into the same entrance hall as that, into which any other fire-stair serving the same apartment as a required means of egress from the dwelling opens exclusively.
4. When any apartment occupies parts or all of three or more storeys, every stair within such apartment leading to the third or any higher storey of such apartment shall be enclosed with fireproof partitions with a fireproof door and assembly with the door self-closing at the second storey landing of such stair and at every higher storey landing, from which the stair continues upward within the apartment or in lieu of such fireproof partitions and doors at least two means of egress from such apartment opening from different rooms shall be provided on the first, third and alternate higher storeys, if any, of such apartment.
5. No means of egress from any apartment shall open into any stair, fire-stair or fire-tower required under the provisions of this section, except through a vestibule or public hall.
Sec. 104. Bulkheads
1. Every stair, fire-stair and fire-tower required by this chapter to extend to the level of the roof or to any terrace formed by a setback shall extend to and through a fireproof bulkhead or other fireproof enclosure in such roof or terrace approved by the department. Such bulkhead or enclosure shall give unobstructed access at all times to such roof or terrace by means of a fireproof door and door assembly with the door self-closing. Such a door shall never be self-locking and shall be fastened on the inside by movable bolts, hooks or a lock, which does not require a key to open from the inside of the dwelling. Stairs to a bulkhead or enclosure shall have a handrail. When a dwelling has a pitched or sloping roof with a pitch or slope of more, than fifteen degrees, no bulkhead or stair leading thereto shall be required.
2. The roof of any penthouse may for the purpose of this section be deemed part of the main roof if unobstructed access be provided and maintained between all required fire- stair landings on the main roof adjoining such penthouse, on the roof of such penthouse and on the roof of any other penthouse extending above such main roof. Such unobstructed access, where horizontal, shall be by means of a passage at least three feet in clear width. It may include one or more stairs necessary to provide access from any penthouse roof to any main roof adjoining such penthouse. Such stairs shall conform to all the requirements of section fifty-three for stairways of fire-escapes. There shall be a passageway at least four feet in clear width between such stairs and the parapet wall or guard railing of the main roof.
Sec. 105. Separation and Ventilation of Stairs
1. In a dwelling, in which one or more passenger elevators are maintained and operated opening upon a public hall at every storey, all stairs, fire-stairs and fire-towers shall be completely separated from one another and from every elevator shaft by fireproof walls. They shall be constructed of fireproof material throughout and shall contain no wood or other inflammable material of any kind, except that handrails of hardwood may be provided.
2. Access to stairs, fire-stairs and fire-tower balconies from any public vestibule or other public hall shall be through fireproof doors and assemblies, with the doors self-closing and at least three feet wide, or through pairs of such doors at least four feet wide, containing in either case a fixed sash glazed with wire glass at least three hundred sixty square inches in area.
3. Every stair hall shall be ventilated by a window or by movable louvres in the skylight having an opening of at least one hundred forty-four square inches or by an opening of at least one hundred forty-four square inches near the top of the stair shaft and communicating directly with the outer air. If a window is provided, which does not open upon a street or yard, it shall be fireproof and glazed with wire glass of good quality and have no pane more, than three hundred sixty square inches in area.
Sec. 106. Cellar and Basement Stairs
A cellar or basement stair may be located inside the dwelling, but shall not be located underneath a stair leading to the upper storeys, unless it is a basement stair leading upward from a basement, which is the main entrance storey of the dwelling or unless it is a stair leading downward from the entrance storey, which is separated by a fireproof arch from the stair leading upward from the entrance storey. Except as otherwise provided in subdivision five of section fifty-two, all inside cellar or basement stairs shall be entirely enclosed with fireproof walls and be provided with fireproof doors and assemblies with the doors self-closing at all openings.
Sec. 107. Public Halls
1. Every public vestibule or other public hall shall comply either with the provisions of section one hundred forty-nine for non-fireproof multiple dwellings, so far as applicable or with the provisions of subdivision two of this section, except that the provisions as to ventilation shall not apply to any part of an entrance hall within sixty feet in a straight line from an entrance door.
2. If such a dwelling does not comply with the applicable provisions of section one hundred forty-nine, it shall comply with all of the following:
a. Every public vestibule or hall shall be everywhere at least three feet eight inches in clear width.
b. Every such public vestibule or hall shall be separated from all other parts of the dwelling by fireproof walls.
c. All openings from such a public vestibule or hall to stairs, fire-stairs, fire-tower balconies, shafts, apartments or suites of rooms shall be protected by fireproof doors and assemblies with the doors self- closing, except that such doors and assemblies shall not be required in any fireproof class B multiple dwelling for any apartment consisting of one room opening directly upon a public hall or for any apartment of three rooms or less in a college or school dormitory.
d. Such a public vestibule or hall shall not be required to have a window, but if it does not have a window opening to the outer air, it shall be equipped for artificial lighting and be properly lighted at all times.
e. Except for that part of an entrance hall within sixty feet in a straight line from an entrance door such a public vestibule or hall without a window to the outer air shall be ventilated to the outer air by means of gravity vent flues at least twelve inches in each dimension or by mechanical means approved by the department. There shall be at least one vent flue opening of at least twelve inches in each dimension for each one thousand cubic feet of air content of such public vestibule or hall. Such vent flues shall be continuous for the height of the dwelling and the openings at each storey shall be equipped with fire dampers held open by a fusible link at each opening and properly hooded or provided with louvres at the top above the roof.
f. If a window to the outer air is provided in any such public vestibule or hall, such vestibule or hall shall nevertheless be ventilated as provided in paragraph e, except that if such a window has a glazed area of at least twelve square feet and at least one tenth of the superficial floor area of the vestibule or hall, readily accessible to the outer air to the extent of at least five and one-half square feet of its area, no vent flues need be provided within a distance of forty feet from each side of such window.
3. The requirements of this section as to ventilation shall apply to all parts of an entrance hall more, than sixty feet distant in a straight line from an entrance door to all returns or recesses that lead to elevators and extend farther from the hall, which they adjoin more, than four times their width and to all other returns or recesses from entrance halls that extend farther, than their width.
4. Any part of a public hall that is shut off from any other part of such hall by a door or doors shall be deemed a separate hall.
Sec. 108. Partitions
All partitions shall rest directly upon the fireproof floor construction and never upon any wood flooring and shall extend to the fireproof construction of the floor or roof above.
TITLE 2 - SANITATION
Sec. 115. Interior Water-Closets and Bathrooms
Interior water-closet compartments and bathrooms contained in fireproof multiple dwellings shall comply with the applicable provisions of section seventy-six.
Sec. 116. Water-Closets in Certain Class B Multiple Dwellings
Water-closets contained in certain class B multiple dwellings shall comply with the applicable provisions of section seventy- six.
Sec. 117. Employees' Water-Closets
Water-closet compartments provided for domestic servants of tenants in multiple dwellings shall comply with the applicable provisions of section seventy-six.