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NEW YORK STATE
MULTIPLE DWELLING LAW
Chapter 713 of the Laws of 1929, as amended
ARTICLE 3
MULTIPLE DWELLINGS--GENERAL PROVISIONS
Section 25. Application of article three.
TITLE 1
LIGHT AND AIR
Section 26. Height, bulk, open spaces.
28. Two or more buildings on same
lot.
29. Painting of courts and shafts.
30. Lighting and ventilation of
rooms.
31. Size of rooms.
32. Alcoves.
33. Cooking spaces.
34. Rooms in basements and
cellars.
35. Entrance doors and lights.
36. Windows and skylights for
public halls and stairs.
37. Artificial hall lighting.
TITLE 2
FIRE PROTECTION AND SAFETY
Section 50. Entrance halls.
50a Entrances: doors, locks
and intercommunication systems.
50c Rights of tenants to
operate and maintain a lobby
attendant service.
51. Shafts, elevators and
dumbwaiters.
51a Peepholes.
51b Mirrors in connection
with self-service elevators.
51c Rights of tenants to
install and maintain locks in
certain entrance doors.
52. Stairs.
53. Fire-escapes.
54. Cellar entrance.
55. Wainscoting.
56. Frame buildings and
extensions.
57. Bells; mail receptacles.
58. Incombustible materials.
59. Bakeries and fat boiling.
60. Motor vehicle storage.
61. Business uses.
62. Parapets, guard railings and
wires.
63. Sub-curb uses.
64. Lighting; gas meters; gas and
oil appliances.
65. Boiler rooms.
66. Lodging houses.
67. Hotels and certain other class
A and class B dwellings.
68. Smoke detecting devices.
TITLE 3
SANITATION AND HEALTH
Section 75. Water supply.
76. Water-closet and bath
accommodations.
77. Plumbing and drainage.
78. Repairs.
79. Heating.
80. Cleanliness.
81. Receptacles for waste matter.
82. Privacy.
83. Janitor or housekeeper.
84. Construction standards for the
control of noise.
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Sec. 25. Application of article three.
Except as otherwise expressly provided, all the provisions of
this article shall apply to every multiple dwelling erected after
April eighteenth, nineteen hundred twenty-nine. Except as
otherwise expressly provided, only the following enumerated
sections of this article, and then only to the extent required
therein, shall apply to multiple dwellings, whether class A or
class B, erected before such date:
Sec. 28 Two or more buildings on same lot
Sec. 29 Painting of courts and shafts
Sec. 31 Size of rooms--subdivision six
Sec. 33 Cooking spaces
Sec. 35 Entrance doors and lights
Sec. 37 Artificial hall lighting
Sec. 50-a Entrances: doors, locks and intercommunication
systems
Sec. 52 Stairs
Sec. 55 Wainscoting
Sec. 56 Frame buildings and extensions
Sec. 57 Bells; mail receptacles
Sec. 58 Incombustible materials
Sec. 59 Bakeries and fat boiling
Sec. 60 Motor vehicle storage
Sec. 61 Business uses
Sec. 62 Parapets, guard railings and wires--subdivision two
Sec. 66 Lodging houses
Sec. 67 Hotels and certain other class A and B dwellings
Sec. 75 Water supply
Sec. 76 Water-closet and bath accommodations
Sec. 77 Plumbing and drainage
Sec. 78 Repairs
Sec. 79 Heating
Sec. 80 Cleanliness
Sec. 81 Receptacles for waste matter
Sec. 83 Janitor or housekeeper
TITLE 1
LIGHT AND AIR
Sec. 26. Height, bulk, open spaces.
1. Dwellings affected.
a. This section, except as may specifically be provided
otherwise in articles six and seven, shall apply to all
dwellings erected, enlarged, converted or altered
pursuant to plans filed on or after December fifteenth,
nineteen hundred sixty-one for the purpose of
regulating their height and bulk and regulating and
determining the area of yards, courts and other open
spaces of such dwellings.
b. The construction, enlargement, conversion or alteration
of any dwelling undertaken pursuant to plans filed
prior to December fifteenth, nineteen hundred sixty-one
in compliance with the provisions of sections twenty-
six, twenty-seven and twenty-eight of this chapter, as
they existed prior to the enactment of chapter ten
hundred seventy-two of the laws of nineteen hundred
sixty, effective July first, nineteen hundred sixty-one
may be commenced, continued or completed as if such
sections remained in full force and effect.
Notwithstanding the provisions of subdivision four of
section three hundred, the department shall not require
any change or modification in the height or bulk or in
the area of yards, courts and other open spaces of
dwellings to be erected or enlarged pursuant to plans
filed prior to December fifteenth, nineteen hundred
sixty-one as a condition for the reissuance of a
building permit or the renewal of an approval, except
as may otherwise be provided by local law, ordinance or
zoning ordinance.
c. Nothing in this section shall be construed to require
any change in the height, bulk, or open space of any
dwelling erected, enlarged, converted or altered
pursuant to plans filed before December fifteenth,
nineteen hundred sixty-one.
d. Notwithstanding the provisions of paragraphs a, b or c,
the provisions of this section shall apply to buildings
erected, enlarged, converted or altered pursuant to
plans filed prior to December fifteenth, nineteen
hundred sixty-one, where such compliance may be
required by local law, ordinance or zoning ordinance.
2. Definitions.
For the purpose of this section certain words are defined herein
but such definitions shall not be held to modify or affect legal
interpretations of such terms or words as used in any local law,
ordinance, rule or regulation and shall apply in addition to and
not in substitution for the provisions of section four of this
chapter.
a. "Accessory use or accessory structure": a use or structure
customarily incident to the principal use or building:
b. "Floor area": the sum of the gross horizontal areas of all
of the several floors of a dwelling or dwellings and
accessory structures on a lot measured from the exterior
faces of exterior walls or from the center line of party
walls, except:
(1) cellar space;
(2) attic space providing head room of less than eight
feet;
(3) space for mechanical equipment;
(4) elevator and stair bulkheads, tanks and cooling towers;
(5) open or roofed terraces, exterior balconies or porches,
uncovered steps and open porte-cocheres or breezeways
abutting or adjoining grade entrances;
(6) accessory space used for off-street motor vehicle
parking or storage.
c. "Floor area ratio (FAR)": A figure determined by dividing
the floor area of the several floors of all buildings on a
lot by the area of such lot.
d. "Corner lot": A lot bounded entirely by streets or a lot
which adjoins the point of intersections of two of more
streets and in which the interior angle formed by the
extensions of the street lines in the directions which they
take at their intersections with lot lines other than street
lines, forms an angle of one hundred thirty-five degrees or
less. In the event that any street line is a curve at its
point of intersection with a lot line other than a street
line, the tangent to the curve at that point shall be
considered the direction of the street line. The portion of
such lot subject to the regulations for corner lots is that
portion bounded by the intersecting street line and lines
parallel to and one hundred feet from each intersecting
street line. Any remaining portion of a corner lot shall be
subject to the regulations for a through lot or for an
interior lot, whichever is applicable.
e. "Tower": A dwelling or dwellings or portion thereof which
has an aggregate horizontal area of not more than forty per
centum of the area of a lot, or, for lots of less than
twenty thousand square feet, the per centum set forth in the
following table:
Area of lot Maximum percent
(in square feet) of lot coverage
10,500 or less ............................. 50%
10,501 to 11,500 ........................... 49
11,501 to 12,500 ........................... 48
12,501 to 13,500 ........................... 47
13,501 to 14,500 ........................... 46
14,501 to 15,500 ........................... 45
15,501 to 16,500 ........................... 44
16,501 to 17,500 ........................... 43
17,501 to 18,500 ........................... 42
18,501 to 19,999 ........................... 41
3. Floor area ratio (FAR). The floor area ratio (FAR) of any
dwelling or dwellings on a lot shall not exceed 12.0, except
that a fireproof class B dwelling in which six or more
passenger elevators are maintained and operated in any city
having a local zoning law, ordinance or resolution
restricting districts in such city to residential use, may
be erected in accordance with the provisions of such zoning
law, ordinance or resolution, if such class B dwelling is
erected in a district no part of which is restricted by such
zoning law, ordinance or resolution to residential uses.
4. Height. A dwelling may be erected to any height and any
number of stories so long as it does not exceed the bulk
limitations hereinafter prescribed.
5. Rear yard.
a. Except as otherwise provided in the zoning resolution
of the city of New York and except as hereinafter
provided for a corner lot, an interior lot within one
hundred feet of the point of intersection of the two
street lines intersecting at an angle of one hundred
thirty-five degrees or less, an interior lot fronting
on a block measuring less than two hundred thirty feet
in length between two intersecting streets or a through
lot, a rear yard shall be required for each dwelling
and shall extend the entire width of the lot at every
point. For dwellings occupying an entire block or a
through lot, no rear yard shall be required. When
dwellings do not exceed in area thirty-five per centum
of the plot, the department shall permit such location
of yards and courts as will promote the best possible
plot ventilation. For purposes of this paragraph a, a
block shall not be deemed less than an entire block
because a portion thereof is conveyed after
construction of such multiple dwelling or dwellings to
a city for public park purposes.
b. Except as otherwise provided in the zoning resolution
of the city of New York, the minimum depth of a
required rear yard shall be thirty feet for the first
one hundred twenty-five feet above curb level, and
fifty feet above that point. The depth of a rear yard
shall be measured at right angles from the rear lot
line to the extreme exterior rear wall of the dwelling.
The provisions of this paragraph requiring a rear yard
fifty feet in depth for portions of a building in
excess of one hundred twenty-five feet above the curb
level shall not be applied to a tower.
c. Except as otherwise provided in the zoning resolution
of the city of New York, on a corner lot no rear yard
shall be required, provided, however, every required
window shall open into either:
(1) a lawful inner or outer court; or
(2) a side or rear yard with a minimum width or depth
of thirty feet in one direction; or
(3) if such lot is less than ten thousand square feet
in area, a side yard with a minimum width of
twenty feet, or an inner space equivalent to the
area of a lawful inner court.
d. Except as otherwise provided in the zoning resolution
of the city of New York, on any through lot one hundred
ten feet or more in maximum depth from street to
street, one of the following rear yard equivalents
shall be provided:
(1) An open area with a minimum depth of sixty feet,
extending across the entire lot and linking
abutting rear yards, or if no such rear yards
exist, then an open area, with a minimum depth of
sixty feet, midway (or within five feet thereof)
between the two street lines upon which such
through lot fronts and provided further that the
provisions of paragraph b of this subdivision
shall apply above a height of one hundred and
twenty-five feet above the curb level as if such
rear yard equivalent were two adjoining rear
yards; or
(2) Two open areas, each abutting and extending along
the full length of a street line, and each with a
minimum depth of thirty feet measured from such
street line; or
(3) An open area adjoining and extending along the
full length of each side lot line, with a minimum
width of thirty feet measured from each side lot
line.
e. When the maximum depth of any interior lot owned
separately and individually from all other adjoining
tracts of land on December fifteenth, nineteen hundred
sixty-one is less than seventy feet, the required depth
of the rear yard of a dwelling on such lot for the
first one hundred twenty-five feet above curb level may
be decreased one foot for each foot by which the
maximum depth is less than seventy feet. However, any
such yard shall never be less than ten feet in depth at
any point above its lowest level.
f. Except for fireproof buildings and except as otherwise
provided in this paragraph there shall be access from a
street to the yard through a fireproof passage either
in a direct line or through a court. Such passage shall
be not less than three feet in clear width and seven
feet in height. Such passage shall not be required for
a multiple dwelling which does not exceed three stories
in height and is not occupied by more than one family
on any story or three families in all or for a dwelling
which does not exceed two stories in height and is not
occupied by more than two families on any story or four
families in all provided every required means of egress
from such dwelling leads directly to a street or to an
outer court opening upon a street. When a dwelling does
not exceed three stories in height and is not occupied
by more than two families on any story, such passage
may be of fire-retarded construction.
6. Side yard. Except as otherwise provided in the zoning
resolution of the city of New York, no side yard shall be
required. If a side yard is provided it shall in no event be
less than eight feet in width at any point. Such side yard
need not exceed thirty feet in width.
7. Courts. Except as otherwise provided in the zoning
resolution of the city of New York:
a. An inner court shall have minimum width of four inches
per foot for each one foot of height of such court, but
in no event less than fifteen feet in width at any
point. The area of such inner court shall be twice the
square of the width of the court dimension based on the
height of such court, but in no event less than three
hundred fifty square feet in area. The area of such
court need not exceed one thousand two hundred square
feet provided that the minimum horizontal distance
between any required window of a living room opening on
an inner court shall not be less than thirty feet from
any wall opposite such window. For a dwelling three
stories or less in height, an inner court may have a
minimum width of three inches for each one foot of
height of such court, but in no event less than ten
feet in width at any point. The area of such court
shall be twice the square of the required width of
court dimension based on the height of such court but
in no event less than two hundred fifty square feet in
area. An air in-take of fireproof construction shall be
provided at or near the lowest level of every inner
court of dwellings exceeding two stories in height, and
shall communicate directly with a street or yard. Such
intake shall have a vertical cross-sectional area of
not less than twenty-one square feet and a minimum
width of not less than three feet in its least
dimension, and shall be open and unobstructed
throughout, except that where the in-take is not used
as a passage or exit, gates or grilles which do not
interfere with ventilation may be installed.
b. An outer court at any given height shall have a minimum
width at least equal to twice the depth of such outer
court if such outer court is less than thirty feet
wide. Such outer court shall have a width at least
equal to its depth if such court is thirty feet or more
in width. An outer court need not exceed sixty feet in
width. Except as provided in section sixty, an outer
court on a side lot line may begin at the level of the
floor of the lowest story in which there is a living
room opening therefrom. Any outer court not on a side
lot line may begin at any level, the height of such
court to be measured from the level at which such court
begins.
7-a Lights in rear yards, side yards, front yards and courts.
The owner of every dwelling shall install and maintain in
every rear yard, side yard, front yard and court a light or
lights of at least forty watts of incandescent illumination
or equivalent illumination, in such locations as the
department may prescribe, which shall be kept burning from
sunset on each day to sunrise on the day following.
8. Level of areas adjoining living rooms. The bottom of any
yard, rear yard equivalent, court or other open area which
abuts or adjoins and gives light or ventilation to a living
room shall be at the floor level or lower of such living
room, except that:
a. If the depth of a yard exceeds the minimum required
depth by as much as one-half, the bottom of such yard
may be at any level not higher than six inches below
the window sills of any such adjoining living room and
not more than three feet above the floor of such room.
b. If the width of an outer court exceeds the minimum
required by as much as forty per centum, the bottom of
such court may be at any level permitted by paragraph a
for a yard or rear yard equivalent.
9. Permitted obstructions.
Every yard and court shall comply with all the requirements of
this section and be open and unobstructed at every point from the
lowest level to the sky except that the following shall not be
deemed to obstruct or reduce the area of otherwise lawful yards,
rear yard equivalents or courts, provided that required light and
ventilation for living rooms and required egress from the
dwelling are maintained to the satisfaction of the department:
a. Accessory off-street parking spaces, open or enclosed,
conforming to the applicable provisions of section
sixty.
b. Fire escapes erected as provided in paragraph b of
subdivision two of section fifty-three.
c. In a yard or rear yard equivalent, boiler flues or
chimneys projecting not more than three feet into such
yard and provided every such flue or chimney does not
exceed two per cent of the required area of the yard.
d. Outside stairways, fire towers, platforms or balconies
or other similar projections which extend beyond the
wall of the dwelling.
e. Enclosures of balconies or spaces erected as provided
in subdivision four of section thirty.
f. Arbors, trellises, awnings or canopies, fences, flag
poles, open steps, or breezeways.
g. Recreational or drying yard equipment except as
otherwise provided in section fifty-six.
h. Walls not exceeding eight feet in height and not roofed
or part of a structure.
i. Retaining walls to protect adjoining premises provided
such walls are not more than fifteen feet in height
measured from the curb level of the lot on which such
walls are erected, do not extend above the sill of any
required living room window on the first story facing
such a wall and do not extend more than thirty-six
inches into the required area of a yard, rear yard
equivalent or court.
j. A party wall not more than twelve inches into the
required area of a yard, or rear yard equivalent or
court.
k. Nothing in this section shall be deemed to prevent
cutting off the corners of any yard, rear yard
equivalent or court, provided the running length of the
wall at the angle of such yard or court does not exceed
seven feet.
l. In a rear yard equivalent, an enclosed passageway
connecting portions of separate buildings where such
passageway does not exceed fourteen feet in height and
fifteen feet in width measured between the outer faces
of the walls thereof.
10. Nothing contained in this section shall be deemed to prevent
the turfing over of any yard or court space or the planting
of shrubs or trees therein when approved by the department.
11. Pending actions or proceedings. Nothing contained in this
section shall affect or impair any act done, offense
committed or right accruing or accrued or acquired, or
liability, penalty, forfeiture or punishment incurred prior
to December fifteenth, nineteen hundred sixty-one, but the
same way may be enjoyed, asserted, enforced, prosecuted or
inflicted as fully and to the same extend as if this section
had not been enacted.
Sec. 28. Two or more buildings on same lot.
1. If any separate multiple dwelling is erected after April
eighteenth, nineteen hundred twenty-nine, upon the rear of a
lot which has another multiple dwelling on the front or upon
the front of a lot which has another multiple dwelling on
the rear, access shall be provided to the rear dwelling from
a street by means of an unobstructed court at least twenty
feet in width.
2. Except as otherwise provided for motor vehicle storage space
in section sixty and for dwellings erected, enlarged,
converted or altered pursuant to plans filed prior to
December fifteenth, nineteen hundred sixty-one in accordance
with the provisions of subdivision one of section twenty-
six, if any building or dwelling is placed on the rear of
the same lot with a multiple dwelling or a multiple dwelling
is placed anywhere on the same lot with another building,
there shall be left between the two buildings an open space
unoccupied from the ground up and at least forty feet in
depth, measured in the direction from one building to the
other for the first one hundred twenty-five feet above the
curb level, and eighty feet above that point. The provisions
of this subdivision requiring an open space eighty feet in
depth between portions of buildings in excess of one hundred
twenty-five feet above the curb level shall not be applied
when both such portions are towers.
3. If on the rear of a lot any such building or any portion
thereof is used for business purposes, a separate passageway
at least three feet six inches wide and seven feet high
shall be provided leading from every such open space
adjacent to such building to a street. No such passageway
shall connect with, go through or form a part of any
entrance hall or other public hall of a multiple dwelling
upon the front of the lot.
Sec. 29. Painting of courts and shafts.
The exterior surface of all walls of all courts and shafts of
multiple dwellings, except of outer courts opening on a street,
and courts having dimensions of at least fifty percent in excess
of the minimum set forth in section twenty-six, shall be of a
light-colored brick or stone, or be thoroughly whitewashed or
painted a light color by the owner and be so maintained. Such
whitewash or paint shall be renewed whenever necessary, as may be
determined and required by the department.
Sec. 30. Lighting and ventilation of rooms.
1. The provisions of this section shall apply only to multiple
dwellings erected after April eighteenth, nineteen hundred
twenty-nine, and shall apply to all such dwellings unless
otherwise expressly limited.
2. Except as in this section and in sections thirty-three,
seventy-six, one hundred fifteen, one hundred sixty, one
hundred seventy-six, two hundred, two hundred thirteen, two
hundred fifty and two hundred fifty-one otherwise expressly
provided, every room, including kitchens, water-closet
compartments and bathrooms, shall have at least one window
opening directly upon a street or upon a lawful yard, court
or space above a setback upon the same lot as that occupied
by the multiple dwelling in which such room is situated.
Every such window shall be so located as to light properly
all portions of the room.
3. No room in any apartment of three rooms or less, and no room
in any non-fireproof apartment, shall extend in depth, from
a street or yard on which it faces, more than thirty feet
without a window opening on a lawful court.
4. a. Nothing in this section or section twenty-six
shall be construed as prohibiting the windows or doors
of any room from opening on a partially-enclosed
balcony or space above a setback, provided such balcony
or space opens directly to a street or to a lawful yard
or court and the area of the front of the balcony or
space which is open to the outer air is at least equal
to seventy-five per centum of the floor surface area of
such balcony or space. Any living room thus lighted and
ventilated by windows or doors opening on such balcony
or space shall be at most thirty feet in depth measured
from the extreme outer face of the wall forming the
partial enclosure of the balcony or space. The windows
or doors providing light and ventilation for a room or
rooms opening exclusively on such a balcony or space
shall have altogether at least the area of one-tenth of
the combined floor surface of such room or rooms and
the portion of the balcony or space directly adjoining
and in front of such room or rooms.
b. On a fireproof dwelling a balcony or space above a
setback permitted under paragraph a of this subdivision
may be completely enclosed, provided the outer
enclosing wall or walls and roof are constructed of
incombustible materials and the walls are glazed with
clear plate glass or plastic equivalent and such glazed
wall area is equal to at least fifty per centum of the
area of the interior walls enclosing such balcony or
space. At least fifty per centum of the glazed area
shall be openable directly upon a street or upon a
lawful yard or court. No window shall open from any
bathroom, water-closet compartment or cooking space
upon such enclosed balcony.
c. The enclosure on any balcony or a space above a setback
shall not (1) be more than one story in height or (2)
be erected in violation of the provisions of paragraph
a of subdivision six of section one hundred two of this
chapter.
5. No multiple dwelling shall be so altered as to diminish the
light or ventilation of any room or public hall or stairs in
any way not approved by the department.
6. No window shall be required in any public room of a
fireproof multiple dwelling if such room is used solely for
storage purposes or has adequate mechanical ventilation
maintained to provide at least the number of changes of the
air volume of such room approved by the department as
necessary for the health and safety of the occupants of such
dwelling. Any fresh air supply system required by the
department for such purposes shall be provided with adequate
means for removing dust from the incoming air and with
adequate means to heat such air at least to sixty degrees
Fahrenheit.
7. No required window shall open upon any offset or recess less
than six feet in width except a window of a water-closet
compartment, bathroom, or stair or of a cooking compartment
less than fifty-nine square feet in floor surface area.
8. (a) The windows in every room, except a water-closet
compartment, bathroom, or cooking space less than fifty-
nine square feet in floor surface area, shall have a
total area at least one-tenth of the floor surface area
of such room and every window in such a room, including
a mullioned casement window, shall be at least twelve
square feet in area.
(b) All required windows shall be so constructed that at
least one-half of their required area may be opened,
except that a mullioned casement window, if otherwise
large enough to supply the window requirements of the
room, need be readily openable to the outer air only to
the extent of five and one-half square feet of its
area.
(c) Where fresh air is furnished in any room through a
mechanical ventilating unit or system which is an
integral part of the dwelling structure and capable of
introducing not less than forty cubic feet of air per
minute, the required window area in such room need be
openable only to the extent of twenty-five percent of
such window area but in no event less than five and one-
half square feet.
9. Transoms or partition sash, or louvres having a minimum area
of 144 square inches and arranged to be opened or closed,
shall be provided to private halls or to adjoining rooms to
secure through-ventilation whenever required by the
department, but no such transom or partition sash or louvre
shall be required in a room having two windows opening to
the outer air if each window is at least nine square feet in
area, or in a room having a mullioned or single window with
an aggregate area of at least eighteen square feet.
10. All windows and their assemblies in walls situated on a lot
line, except those facing on a street, shall be fireproof,
with assemblies having a fire-resistive rating of at least
three-quarters of an hour and glazed with wire glass at
least one-quarter of an inch thick. Every opening in a wall
situated on a lot line which is less than fifty feet in a
vertical direction above a non-fireproof roof of another
structure within a distance of thirty feet of the wall in
which the opening is located shall be an automatic fireproof
window.
Sec. 31. Size of rooms.
1. The provisions of this section, except subdivision six,
shall apply only to multiple dwellings erected after April
eighteenth, nineteen hundred twenty-nine, and shall apply to
all such dwellings unless otherwise expressly limited.
2. Except as in this section and in section thirty-three
otherwise expressly provided, rooms, except kitchens, water-
closet compartments and bathrooms, shall meet the following
minimum requirements as to size:
a. In each apartment in a class A multiple dwelling there
shall least one living room containing at least one
hundred thirty-two square feet of floor area.
b. Every living room, except as provided in paragraph e,
shall contain at least eighty square feet of floor
space.
c. Every room shall be at least eight feet high, the
measurements to be taken from the finished floor to the
finished underside of the ceiling beams except that as
many as four beams crossing the ceiling of be at any
basement room may be disregarded if none of them
exceeds twelve inches in width or extends below the
ceiling more than six inches.
d. Every living room shall be at least eight feet in its
least horizontal dimension, except as provided in
paragraph e and except that any number of bedrooms up
to one-half of the total number in any apartment
containing three or more bedrooms may have a least
horizontal dimension of seven feet or more.
e. A one-room apartment in a class B multiple dwelling may
be as small as sixty square feet in its floor area and
six feet in its least dimension.
3. The requirements of this section with respect to the least
horizontal dimension and the minimum area of rooms shall not
be applicable to any room in a fireproof class B multiple
dwelling occupied as a lodging house in which every
apartment, other than one apartment occupied exclusively by
a person or persons engaged in the maintenance or
supervision of such multiple dwelling, consists of one room
and in which every such room opens directly upon a public
hall.
4. Dining bays with a floor area of fifty-five square feet or
less shall not be considered as rooms or alcoves and shall
not be required to comply with the provisions of section
thirty-two. Every such dining bay shall be equipped with
such appropriate permanent fittings as may be required by
the department and shall be provided with at least one
window opening directly upon a street or upon a lawful yard,
court or space above a setback. Such window shall have an
area of at least one-eighth of the floor area of such dining
bay.
5. A portion of any apartment used as an entrance hall to such
apartment may be designated as a foyer. Such a foyer shall
not be considered a room if the department shall so permit
and if either
a. Its floor area does not exceed ten per centum of the
total floor area of such apartment, or
b. Every room in such apartment exceeds in area the
minimum required area of such room by more than twenty
per centum and the floor area of such foyer does not
exceed twenty per centum of the floor area of such
apartment.
6. a. Except in class B dwellings and dormitories, no
room shall be occupied for sleeping purposes by more
than two adults, considering children of twelve years
of age or more as adults and two children between the
ages of two and eleven years inclusive as the
equivalent of one adult. Children under two years of
age need not be considered as occupants. No room shall
have sleeping accommodations for more persons than can
be accommodated in conformity with the provisions of
this subdivision.
b. Every room in every dwelling, whenever erected, shall
have at least four hundred cubic feet of air for each
adult, and two hundred cubic feet of air for each child
occupying such room. Except in class B dwellings,
dormitories and except as otherwise provided in
subdivision two of section thirty-one or in section
thirty-four for dwellings erected after April
eighteenth, nineteen hundred twenty-nine, and in
sections one hundred seventy-four, two hundred fourteen
and two hundred sixteen, every living room shall (1)
contain sixty square feet or more of floor space, (2)
be at least six feet wide at its narrowest part, (3) if
a sleeping room, contain seventy-five square feet or
more of floor space and (4) if less than seventy-five
square feet in floor area, shall not be occupied by
more than one adult.
Sec. 32. Alcoves.
1. Every alcove, except a lawful cooking space, opening from
any room in any multiple dwelling erected after April
eighteenth, nineteen hundred twenty-nine, shall be
separately lighted and ventilated as provided for other
rooms in section thirty. It shall have a floor area of at
least seventy square feet, a least horizontal dimension of
at least seven feet and an opening at least sixty square
feet in area into the room which it adjoins.
2. Except for cubicles permitted in lodging houses, no part of
any room in any multiple dwelling erected after April
eighteenth, nineteen hundred twenty-nine, shall be enclosed
or subdivided at any time, wholly or in part, by a curtain,
portiere, fixed or movable partition or other contrivance or
device, unless each such enclosure or subdivision shall
contain a separate window as required for a room by section
thirty and a floor space of at least seventy square feet.
Sec. 33. Cooking spaces.
1. Every space which is intended, arranged or designed for
cooking or warming of food shall be either a kitchen or
kitchenette. The term "kitchen" shall mean such a space
fifty-nine square feet or more in floor area. The term
"kitchenette" shall mean such a space which is less than
fifty-nine square feet in floor area.
2. Every cooking space shall be deemed to be in compliance with
this section if such space was accepted or approved by the
department on or before July first, nineteen hundred fifty-
two, and is maintained in accordance with such acceptance or
approval.
3. Except as provided in sections sixty-one and sixty-seven and
subdivision two of this section, a kitchen or kitchenette
shall be unlawful unless it is constructed, arranged and
maintained in compliance with the following applicable
provisions:
a. The ceiling and walls, exclusive of doors, of all
kitchenettes shall be fire-retarded or in lieu thereof
such space shall be equipped with one or more sprinkler
heads to fuse at a temperature not higher than two
hundred twelve degrees Fahrenheit. Such heads shall be
connected to the water supply through a pipe of at
least one-half inch inside diameter.
b. In every kitchen and kitchenette, all combustible
material immediately underneath or within one foot of
any apparatus used for cooking or warming of food shall
be fire-retarded or covered with asbestos at least
three-sixteenths of an inch in thickness and twenty-six
gauge metal or with fire-resistive material of
equivalent rating, except where such apparatus is
installed in accordance with requirements established
by the department in conformity with generally accepted
safety standards for such apparatus. There shall always
be at least two feet of clear space above any exposed
cooking surface of such apparatus.
c. Every kitchenette constructed after July first,
nineteen hundred forty-nine, shall be provided with a
window opening upon a street or upon a yard, court,
shaft, or upon any space above a setback. Such window
shall be at least one foot wide, have a total area of
at least three square feet and be at least ten per
centum of the superficial floor area of such
kitchenette. In lieu of such window, such kitchenette
may be provided with mechanical ventilation to provide
at least six changes per hour of the air volume of such
kitchenette or, when such kitchenette is on the top
story, may have a skylight at least one foot wide with
a total area of at least four square feet or one-eighth
of the area of the kitchenette, whichever is greater,
and shall have ventilating openings of at least one-
half of the area of the skylight.
d. Every kitchenette constructed after July first,
nineteen hundred forty-nine, may be equipped with a
door or doors, provided the lower portion of each such
door has a metal grille containing at least forty-eight
square inches of clear openings or, in lieu of such a
grille, there are two clear open spaces, each of at
least twenty-four square inches, one between the bottom
of the door and the floor, and the other between the
top of each such door and the head jamb.
e. Every kitchen and kitchenette shall be provided with
gas or electricity or both, and shall be equipped for
artificial lighting.
Sec. 34. Rooms in basements and cellars.
1. In any multiple dwelling erected after April eighteenth,
nineteen hundred twenty-nine, every room in a cellar or
basement shall have a permit as provided in subdivision five
of section three hundred and, except as provided in
subdivision six of this section, shall comply with the
following conditions:
a. Such rooms shall be everywhere at least eight feet high
from the floor to the ceiling, except that in a
basement room as many as four beams twelve inches or
less in width and extending six inches or less below
the ceiling may be disregarded.
b. Except as otherwise provided in paragraph f, the
ceiling of every such room in the front part of the
dwelling, or in an apartment or suite extending to the
front part, shall be at every point of such room at
least four feet six inches above the curb level
directly in front of such point on the street in front
of the dwelling; and the ceiling of every other such
room, unless the yard of the dwelling is sixty feet or
more in depth or extends to a street along its entire
width, shall be at every point of such room at least
two feet above the curb level directly in front of such
point on the street in front of the dwelling. Every
yard or court upon which any such cellar or basement
room or apartment opens shall, conform to the
requirements of subdivision eight of section twenty-
six. Every such room, except as otherwise provided in
paragraphs e and f, shall be an integral part of an
apartment or suite containing at least one room with a
window opening directly upon a street or yard. Except
as provided in paragraphs e and f, and if the yard of
such a dwelling is less than sixty feet in depth there
shall be not more than one apartment or suite in any
cellar therein and any such apartment or suite shall
contain not more than five rooms, shall be supplied
with water closet and bath accommodations, and shall
not open upon any court less than five feet in width.
Every part of such an apartment or suite shall either
be within twenty-five feet of the inner surface of the
front or rear wall of the dwelling or have a window
opening upon a court of at least the dimensions
prescribed in section twenty-six but never less than
ten feet wide.
c. Every such cellar or basement room shall have access to
a water-closet constructed and arranged as prescribed
in section seventy-six.
d. Every such room shall have a window or windows
complying with the requirements of section thirty. The
aggregate area of windows in each such room, except as
provided in paragraph f, shall be at least one-eighth
of the horizontal area of the room. Each such window
shall be constructed so that the upper half of its area
can be opened, and shall open upon a street, court or
yard. The underside of the top stop-bead of each such
window shall be within twelve inches of the ceiling.
One window in each such room shall have an area of at
least twelve square feet.
e. In addition to a janitor's apartment three rooms or
less may also be provided in the cellar of such a
dwelling exclusively for the use of persons regularly
and continuously employed in the maintenance of such
dwelling. Every such room shall be completely separated
from any other room or private hall and shall comply
with all the provisions respecting a janitor's
apartment except those relating to water-closet and
bath, but there shall be at least one water-closet and
bath accessible from each such room without passing
through a janitor's apartment. No other rooms in such a
cellar shall be occupied for living or sleeping
purposes, except as permitted in paragraphs b and f.
Whenever a janitor's apartment in the cellar of such a
dwelling, or a room therein, is expressly excepted from
a requirement in any provision of this chapter, such
exception shall apply also to any cellar room lawfully
occupied as in this paragraph provided.
f. (1) When the lot of such a dwelling abuts upon
two or more streets and the difference in level
between the highest and the lowest points of the
curbs adjoining the lot is more than ten feet, a
room below the highest curb point may be used
for living purposes provided it opens upon a
street or upon a lawful court or yard which
connects directly with a street or, if the floor
of such room is not more than twelve feet below
the highest curb point, upon an interior court
with a least dimension of not less than thirty
feet if such court is situated on a lot line,
and otherwise with a least dimension not less
than fifty feet. Every such room shall be at
least nine feet high from finished floor to
finished ceiling. When any such room or an
apartment containing it faces a street, the
ceiling of the room at every point shall be at
least four feet six inches above the curb level
of such street directly in front of such point.
For the purpose of determining the required
dimensions of a court or yard of any dwelling
subject to the provisions of this sub-paragraph,
the height of such dwelling shall be measured
from the lowest point of such court or yard.
(2) When the lot of such a multiple dwelling does
not run through from street to street and there
is a difference in level exceeding twenty feet
between the highest point of the curb in front
of the dwelling and the lowest point of the curb
on a street directly in the rear of the dwelling
which street is within one hundred twenty-five
feet of the rear line of the lot, a room below
the level of the highest point of the curb in
front of the dwelling may be used for living
purposes provided such room opens upon a yard or
a court adjoining a yard. The floor of any such
room shall be at least six inches above the
level of every part of every yard and court upon
which such room opens and of the curb on the
street in the rear of such dwelling and also of
all intervening ground between the rear street
and the rear lot line. Every such room shall be
at least nine feet high from finished floor to
finished ceiling. The required dimensions of a
yard, or of a court adjoining a yard, on which
such a room opens in any dwelling subject to the
provisions of this sub-paragraph, shall be
determined by the height of such dwelling
measured from the lowest point of such yard or
court.
(3) In any portion of a multiple dwelling arranged
for living purposes below the curb level under
authority of either of the sub-paragraphs above
there shall be no wood beams, wood lintels or
other wood structural members, nor shall any
wood or other inflammable material be used in
any partitions, furrings or ceilings.
2. Every multiple dwelling erected after April eighteenth,
nineteen hundred twenty-nine, whenever the department shall
deem it necessary, shall have all walls below the ground
level and all cellar or lower floors damp-proofed and water-
proofed. Such damp-proofing and water-proofing shall run
throughout the cellar or other lowest floor and through and
up the walls as high as the ground level.
3. Every cellar and basement in every multiple dwelling shall
be properly lighted and ventilated to the satisfaction of
the department.
4. In every multiple dwelling the cellar walls and ceilings,
except in rooms occupied as provided in paragraph f of
subdivision one or in subdivision six, shall either be
constructed of light-colored material or be thoroughly
whitewashed or painted a light color by the owner, and shall
be so maintained. Such whitewash or paint shall be renewed
whenever necessary, as may be determined and required by the
department.
5. Notwithstanding any provisions of this section or of
subdivision five of section three hundred, an apartment or
room in a cellar which was occupied for living purposes at
any time on or after October first, nineteen hundred fifty-
two may thereafter continue to be occupied for such purposes
until July first, nineteen hundred sixty-seven, in
accordance with the conditions imposed by subdivision five
of section two hundred sixteen.
6. An apartment in a cellar or basement of any multiple
dwelling may be used for living purposes provided all of the
following conditions are complied with:
a. Such apartment has at least one half of its height and
all of its window surfaces above every part of an
"adequate adjacent space." Such "adequate adjacent
space" shall be open to the sky, shall be properly
drained to the satisfaction of the department, and
shall be a continuous surface area outside the dwelling
not less than thirty feet in its least dimension and
abutting at same level, or directly below, every part
of the exterior walls of such apartment and of every
other apartment on the same floor. Such "adequate
adjacent space" shall include only space which is
located on the same lot or plot as the dwelling or on a
street or public place or space.
b. Every living room of such apartment is everywhere at
least eight feet high from the floor to the ceiling in
dwellings erected after July first, nineteen hundred
fifty-seven, and seven feet in dwellings erected prior
thereto.
c. All parts of the exterior walls of the dwelling which
are below ground level and on the same floor as such
apartment or above such floor are dampproof to the
satisfaction of the department and the floor of such
apartment is dampproof and waterproof.
d. The yard and every court of the dwelling containing
such apartment are adequately drained to the
satisfaction of the department.
e. If any part of the apartment is below the "adequate
adjacent space" referred to in paragraph a of this
subdivision, all ceilings, walls and partitions of such
apartment are fire-retarded or the rooms and spaces
within such apartment are protected by a sprinkler
system to the satisfaction of the department.
f. Such apartment and every part of the floor on which it
is situated meet all of the requirements which would be
in effect for such floor if none of the rooms thereon
were used for living purposes.
g. Such apartment complies with all of the requirements
for apartments in the same dwelling which are not in a
cellar or basement.
h. The floor on which such apartment is situated, if a
cellar, shall nevertheless be counted as a story for
the purpose of all requirements except those relating
to the height of the dwelling.
Sec. 35. Entrance doors and lights.
In every multiple dwelling erected after April eighteenth,
nineteen hundred twenty-nine, every door giving access to an
entrance hall from outside the dwelling shall contain at least
five square feet of glazed surface. The width of every such door
shall be at least seventy-five per centum of the required clear
width of such entrance hall as provided in section fifty, except
that when a series of such entrance doors is provided their
aggregate clear width shall not be less than seventy-five per
centum of the required width of the entrance hall and the clear
width of each of the doors separately shall be at least two feet
six inches. Such a door opening upon a street or a court
extending to a street may be of wood. Such a door opening upon a
yard or upon a court not extending to a street shall be
fireproof.
The owner of every multiple dwelling shall install and maintain a
light or lights at or near the outside of the front entrance-way
of the building which shall in the aggregate provide not less
than fifty watts incandescent illumination for a building with a
frontage up to twenty-two feet and one hundred watts incandescent
illumination for a building with a frontage in excess of twenty-
two feet, or equivalent illumination and shall be kept burning
from sunset every day to sunrise on the day following. In the
case of a multiple dwelling with a frontage in excess of twenty-
two feet, the front entrance doors of which have a combined width
in excess of five feet, there shall be at least two lights, one
at each side of the entrance way, with an aggregate illumination
of one hundred fifty watts or equivalent illumination. In
enforcing this provision the department shall permit owners to
determine for themselves the actual location, design and nature
of the installation of such light or lights to meet practical,
aesthetic and other considerations, so long as the minimum level
of illumination is maintained.
Sec. 36. Windows and skylights for public halls and stairs.
1. In every multiple dwelling erected after April eighteenth,
nineteen hundred twenty-nine, one at least of the required
windows provided to light each public hall or part thereof
shall be at least two feet six inches wide and five feet
high. Every required window in such a hall shall open upon a
street, court, yard or space above a setback. On the top
story of such a dwelling a ventilating skylight of the same
dimensions shall be accepted in lieu of a window for that
story.
2. In every multiple dwelling erected after April eighteenth,
nineteen hundred twenty-nine, there shall be in the roof,
directly over each required stair, fire-stair and fire-
tower, a ventilating skylight provided with ventilators
having a minimum opening of forty square inches or with
fixed or movable louvres. The roof of every such skylight
shall be glazed with plain glass and equipped with suitable
wire screens above and below. The glazed area of every such
skylight shall be at least twenty square feet, except that
in a class A dwelling or section thereof two stories or less
in height and occupied by not more than two families on each
story and in dwellings three stories in height erected
pursuant to plans filed with the department on or after May
first, nineteen hundred fifty-nine and occupied by not more
than one family on each story, the glazed area of such a
skylight need be only nine square feet. In lieu of a
skylight a window of the same area as prescribed in
subdivision one may be provided. If such a window is used in
lieu of a skylight, fixed louvres having a minimum opening
of forty square inches shall also be installed in or
directly adjacent to such window.
3. When any stair, fire-stair or fire-tower in such a dwelling
terminates at the level of a setback of an outer wall and
such setback consists of a terrace at least four feet in
width, measured between the inside of the parapet wall and
the wall of the building, and at least ten feet in length,
measured parallel to the wall of the building, there may be
provided in lieu of such a skylight a fire-proof door and
assembly with the door self-closing giving access from such
stair, fire-stair or fire-tower to such terrace. Such door
shall have a panel at least five square feet in area glazed
with wire glass and shall be equipped with fixed or movable
louvres with an opening of at least forty square inches.
Sec. 37. Artificial hall lighting.
1. In every multiple dwelling the owner shall provide a light
or lights, each of at least sixty watts incandescent or
twenty watts cool white fluorescent or equivalent
illumination, for every vestibule and entrance hall in every
public hall, stair, fire-stair and fire-tower on every
floor. Said light or lights shall be located as prescribed
by the department, but, in every stair, fire-stair or fire-
tower, shall be so located that every part thereof shall be
lighted.
2. Except as provided in subdivision three, every such light
shall be turned on by the owner at sunset every day and
shall not be turned off by the owner until the following
sunrise. Every such light shall be kept burning daily from
sunset until sunrise, but if it becomes extinguished and
remains so without the knowledge or consent of the owner he
shall not be liable. The burden shall be upon the owner to
show that the light became and remained extinguished without
his knowledge or consent.
3. Every light in every fire-stair and fire-tower at every
story, and in every stair and public hall at every story
where there is no window opening to the outer air, shall be
kept burning continuously except that this provision shall
not apply to public halls lighted as provided in subdivision
eleven of section two hundred seventeen.
4. When the natural light in any public hall in a multiple
dwelling is not sufficient to permit a person to read the
names on a mail box or other receptacle for mail, the owner
shall install a lighting fixture directly over such mail box
or receptacle and maintain it in serviceable condition, so
that a light may be turned on at any time for the
convenience of tenants or the mail carrier.
TITLE 2
FIRE PROTECTION AND SAFETY
Sec. 50. Entrance halls.
Every entrance hall in every multiple dwelling erected after
April eighteenth, nineteen hundred twenty-nine, shall be at least
four feet in clear width from the entrance to the first stair,
and beyond that shall be at least three feet eight inches in
clear width. If such an entrance hall is the only entrance to
more than one flight of stairs, the required width of such hall
shall be increased in every part, for each such additional flight
of stairs, by one-half the width required for one flight of
stairs.
Sec. 50-a. Entrances: doors, locks and intercommunication
systems.
1. Every entrance from the street, passageway, court, yard,
cellar, or similar entrance to a class A multiple dwelling
erected or converted after January first, nineteen hundred
sixty-eight, except an entrance leading to the main entrance
hall or lobby which main entrance hall or lobby is equipped
with one or more automatic self-locking doors, shall be
equipped with automatic self-closing and self-locking doors
and such doors shall be locked at all times except when an
attendant shall actually be on duty. Every entrance from the
roof to such a dwelling shall be equipped with a self-
closing door which shall not be self-locking and which shall
be fastened on the inside with movable bolts, hooks or a
lock which does not require a key to open from inside the
dwelling.
2. Every class A multiple dwelling erected or converted after
January first, nineteen hundred sixty-eight containing eight
or more apartments shall also be equipped with an
intercommunication system. Such intercommunication system
shall be located at an automatic self-locking door giving
public access to the main entrance hall or lobby of said
multiple dwelling and shall consist of a device or devices
for voice communication between the occupant of each
apartment and a person outside said door to the main
entrance hall or lobby and to permit such apartment occupant
to release the locking mechanism of said door from the
apartment.
3. On or after January first, nineteen hundred sixty-nine,
every class A multiple dwelling erected or converted prior
to January first, nineteen hundred sixty-eight, shall be
equipped with automatic self-closing and self-locking doors,
which doors shall be kept locked except when an attendant
shall actually be on duty, and with the intercommunication
system described in paragraph two of this section, provided
that tenants occupying a majority of all the apartments
within the structure comprising the multiple dwelling
affected request or consent in writing to the installation
of such doors and intercommunication system on forms which
shall be prescribed by the department, except that in the
event a majority of tenants in occupancy request or consent
on or after January first, nineteen hundred sixty-eight, to
the installation of such doors or intercommunication system
such installation shall be started within ninety days, but
need not be completed until six months after the owner's
receipt of requests or consents by a majority of the
tenants, except that in any such multiple dwelling owned or
operated by a municipal housing authority organized pursuant
to article thirteen of the public housing law, such
installation need not be completed until one year after the
owner's receipt of requests or consents by a majority of the
tenants. If the dwelling is subject to regulation and
control of its residential rents pursuant to the local
emergency housing rent control act, the local city housing
rent agency shall upon the filing of executed forms
containing the required requests or consents, prescribe the
terms under which the costs of providing such doors and
intercommunication systems may be recovered by the owner
from the tenants. In any multiple dwelling built pursuant to
the provisions of the redevelopment companies law in which
residential rents are limited by contract, the costs of
providing such doors and intercommunication systems may be
recovered by the owner from the tenants. The terms under
which such costs may be recovered shall be the same as those
prescribed by the local city housing rent agency in the city
in which the multiple dwelling is located for dwellings
subject to regulation and control of rent pursuant to the
local emergency housing rent control act. Such costs shall
not be deemed to be "rent" as that term is limited and
defined in the contract.
4. All such self-closing and self-locking doors, and
intercommunication systems shall be of a type approved by
the department and by such other department as may be
prescribed by law and shall be installed and maintained in a
manner prescribed by the department and by such other
department.
5. Every owner who shall fail to install and maintain the
equipment required by this section, in the manner prescribed
by the department, and by such other department as may be
prescribed by law, and any person who shall wilfully
destroy, damage, or jam or otherwise interfere with the
proper operation of, or remove, without justification, such
equipment or any part thereof shall be guilty of a
misdemeanor as provided in subdivision one of section three
hundred four of the multiple dwelling law and shall be
punishable as provided therein.
Sec. 50-c. Rights of tenants to operate and maintain a lobby
attendant service.
1. Tenants of every class A multiple dwelling containing eight
or more apartments shall be entitled to maintain and operate
a lobby attendant service for such multiple dwelling at any
time or times when an attendant hired or furnished by the
owner thereof shall not be on duty. Such lobby attendants so
maintained by such tenants shall be engaged solely for
security purposes and shall perform no acts or duties other
than those which shall be directly related to the safety and
security of occupants and visitors to such building while in
and about the public portions thereof and no owner shall
unreasonably hinder, interfere with, obstruct or prohibit
the maintenance and operation of such service, provided that
each attendant so engaged by tenants shall at all times when
on duty be stationed at and remain in the entrance halls or
public lobbies of the building adjacent to the main entrance
thereto, and provided further that no owner of such building
shall be in any manner liable or responsible for any injury
to any such attendant or for any damage or injury arising
out of or resulting from any act or omission of any such
attendant or for the payment of any wages or other
compensation to such attendants. The lobby attendants
furnished, operated or maintained by tenants pursuant to
this section may consist of or include tenants or other
occupants of the multiple dwelling and may include either
volunteer or paid personnel or a combination thereof.
2. Any agent, owner or other person who shall unreasonably
interfere, hinder, obstruct or prohibit the installation,
maintenance and operation of any such lobby attendant or
shall unreasonably hinder or interfere with the performance
of the duties of such lobby attendant engaged pursuant to
this section, shall be guilty of a violation with a maximum
fine not to exceed fifty dollars.
Sec. 51. Shafts, elevators and dumbwaiters.
1. Every shaft constructed after April eighteenth, nineteen
hundred twenty-nine, in any multiple dwelling shall be
enclosed on all sides with fireproof walls and shall have
fireproof doors and assemblies at all openings, with the
doors self-closing. Dumbwaiter shafts, except those
adjoining public halls, may be constructed with walls of
gypsum plaster blocks approved by the department, at least
two inches thick if solid and at least three inches thick if
hollow.
2. All dumbwaiter doors constructed after such date shall be
fastened by an interior lock in the shaft operated and
controlled from a central point in the cellar or lowest
story if there be no cellar.
3. The doors of every elevator shaft constructed after such
date shall be provided with an automatic device approved by
the department to prevent the normal operation of the
elevator unless the hoistway door at which the car is
standing is closed and locked, or unless all hoistway doors
are locked in a closed position. Such doors may have a
vision panel of wire glass not exceeding one square foot in
area.
4. Every elevator installed after such date shall be equipped
with a gate with an automatic device approved by the
department to prevent the normal operation of such elevator
unless such gate is closed.
5. When any elevator or dumbwaiter constructed after such date
opens into more than one stair, elevator vestibule or other
public hall on any floor, such elevator or dumbwaiter shall
be placed in a separate shaft. Not more than three elevators
or two dumbwaiters shall ever be placed in the same shaft.
6. Every dwelling erected after such date which exceeds six
stories or sixty feet in height shall be equipped with one
or more passenger elevators, operative at all times, at
least one of which shall be accessible to every apartment
above the entrance story.
7. In every multiple dwelling, elevator shafts, not previously
enclosed to the satisfaction of the department, shall be
enclosed with fireproof walls and shall have fireproof doors
and assemblies, with the doors self-closing.
Sec. 51-a. Peepholes.
In every multiple dwelling the owner shall provide and maintain a
peephole in the entrance door of each housing unit. Such peephole
shall be located, as prescribed by the department, but shall be
so located as to enable a person in such housing unit to view
from the inside of the entrance door any person immediately
outside of the entrance door to such housing unit. The provisions
of this section shall not apply to hotels or apartment hotels or
to college or school dormitories.
Sec. 51-b. Mirrors in connection with self-service elevators.
In all multiple dwellings in which there are one or more self-
service passenger elevators, there shall, pursuant to such
regulations as the department shall prescribe, be affixed and
maintained in each such elevator a mirror which will enable
persons prior to entering into such elevator to view the inside
thereof to determine whether any person is in such elevator.
Sec. 51-c. Rights of tenants to install and maintain locks in
certain entrance doors.
Every tenant of a multiple dwelling, except a tenant of a
multiple dwelling under the supervision and control of a
municipal housing authority, occupied by him, except as a hotel
or motel, or college or school dormitory, shall have the right to
install and maintain or cause to be installed and maintained in
the entrance door of his particular housing unit in such multiple
dwelling, a lock, separate and apart from any lock installed and
maintained by the owner of such multiple dwelling, not more than
three inches in circumference, as an ordinary incident to his
tenancy, provided that a duplicate key to such lock shall be
supplied to the landlord or his agent upon his request; and every
provision of any lease hereafter made or entered into which
reserves or provides for the payment by such tenant of any
additional rent, bonus, fee or other charge or any other thing of
value for the right or privilege of installing and/or maintaining
any such lock, shall be deemed to be void as against public
policy and wholly unenforceable.
Sec. 52. Stairs.
1. In every multiple dwelling erected after April eighteenth,
nineteen hundred twenty-nine, every interior stair, fire-
stair and fire-tower and every exterior stair in connection
with any dwelling altered or erected after January first,
nineteen hundred fifty-one, shall be provided with proper
balustrades or railings and all such interior and exterior
stairs shall be kept in good repair and free from any
encumbrance. Every such stair, fire-stair and fire-tower
more than three feet eight inches wide shall be provided
with a handrail on each side.
2. The upper surface of every balustrade or railing placed in
any stair after April eighteenth, nineteen hundred twenty-
nine, shall be at least two feet six inches and at most two
feet eight inches above the front edge of the stair treads,
and at any stair landing shall be at least two feet eight
inches and at most three feet above the level of such
landing.
3. The treads and risers of every stair, fire-stair and fire-
tower constructed after April eighteenth, nineteen hundred
twenty-nine, in any multiple dwelling shall be of uniform
height and width in any one flight. Each tread, exclusive of
nosing, shall be not less than nine and one-half inches
wide; each riser shall not exceed seven and three-quarters
inches in height; and the product of the number of inches in
the width of the tread and the number of inches in the
height of the riser shall be at least seventy and at most
seventy-five.
4. No winding stairs shall be constructed in any multiple
dwelling.
5. a. Except as otherwise provided in paragraph b of
this subdivision, every stair constructed after April
eighteenth, nineteen hundred twenty-nine, leading to a
cellar or basement from the first story above shall be
entirely enclosed with fireproof walls and be provided
with fireproof doors and assemblies at both top and
bottom, with the doors self-closing; except that, in a
non-fireproof multiple dwelling erected before such
date, where such a stair is permitted such enclosing
walls may be fire-retarded.
b. When the first floor or a part thereof, in a fireproof
multiple dwelling, is used for business purposes, a
stair leading to a cellar or basement from such
business space shall be enclosed in fireproof walls
having a fire-resistive rating of at least three hours
and be provided with a fireproof door and assembly at
the bottom, with the door self-closing. No opening
shall be permitted between such business space and the
remainder of the dwelling.
6. The department shall have the power to make supplementary
regulations relating to fire-towers.
7. In every multiple dwelling erected under plans filed with
the department after January first, nineteen hundred sixty,
on every story above the entrance story every door opening
into such stair shall be so hung and arranged that in
opening and when opened it shall at no point reduce the
clear and unobstructed required width of the stair or stair
landing.
8. The provisions of this section shall not apply to a stair
within an apartment provided that each level of the
apartment is provided with required means of egress
complying with the provisions of this article.
Sec. 53. Fire-escapes.
Every fire-escape erected after April eighteenth, nineteen
hundred twenty-nine, shall be located, arranged, constructed and
maintained in accordance with the following provisions:
1. Access to a fire-escape shall be from a living room or
private hall in each apartment or suite of rooms at each
story above the entrance story, and such access shall not
include any window of a stairhall.
a. Such room or private hall shall be an integral part of
such apartment or suite of rooms and accessible to
every room thereof without passing through a public
hall.
b. When one or more living rooms of any apartment are
rented to boarders or lodgers, every such room shall be
directly accessible to a fire-escape without passing
through a public hall, and for separately occupied
living rooms access to fire-escapes shall be direct
from such rooms without passing through a public hall
or any other separately occupied room, except as may be
permitted for dormitories in section sixty-six.
c. Access to any fire-escape shall not be obstructed by
sinks or kitchen fixtures or in any other way. Iron
bars, grilles, gates, or other obstructing devices on
any window giving access to fire-escapes or to a
required secondary means of egress shall be unlawful
unless such devices are of a type approved by the board
of appeals and are installed and maintained as
prescribed by the board; provided, however, that in a
city having a population of one million or more, such
devices shall be of a type approved, installed and
maintained as prescribed by the fire commissioner, or
as previously approved and prescribed by the board of
standards and appeals of such city, except as otherwise
provided by said commissioner.
d. Every such fire-escape shall be accessible to one or
more exterior doors or windows opening from the room,
apartment, suite of rooms or other space which it
serves as means of egress, and such window or door
shall be two feet or more in clear width and two feet
six inches or more in clear height. The sill of any
such window shall be within three feet of the floor.
2. A required fire-escape may be erected in any of the
following places:
a. On a wall facing a street or yard;
b. In a court of a non-fireproof multiple dwelling to
serve an apartment or suite of rooms which does not
contain any room fronting upon a street or yard, or in
any inner court thirty-five feet or more in its least
horizontal dimension, provided the fire-escape does not
project more than four feet from the wall of the
dwelling and is directly connected at the bottom of
such court with a fireproof passageway at least three
feet wide and seven feet high leading directly to a
street unless the court itself leads to a street;
c. In any outer court eighteen feet or more in width and
thirty feet or less in length;
d. In any outer court more than eighteen feet in width the
length of which does not exceed its width by more than
seventy per centum;
e. In any outer court ten feet or more in width at every
point and situated on a lot line;
f. In any outer court seven feet or more in width at every
point which is situated on a lot line and extends from
a street to a yard;
g. In a recess on the front wall of a multiple dwelling,
provided the recess does not exceed five feet in depth,
is used solely for fire-escape purposes and has seventy-
five per centum or more of its area open to the street,
and is otherwise unenclosed and open at the top. No
such recess shall be counted as a part of the
unoccupied area of the premises or be construed as a
court unless its entire area is open to the street.
3. No fire-escape may project more than four and one-half feet
into a public highway from the lot line of the multiple
dwelling it serves. Every part of such fire-escape shall be
at least ten feet above any sidewalk directly below.
4. a. Every fire-escape shall be constructed of open
balconies and stairways of iron or stone capable of
sustaining a load of at least eighty pounds per square
foot. The use or reuse of old materials or cast iron in
the construction of fire-escapes shall be unlawful.
b. Balconies for fire-escapes shall be three feet or more
in clear width except that a party-wall balcony as
permitted by paragraph f of subdivision one of section
one hundred eighty-seven may be two feet in clear
width.
c. Every stairway shall be placed at an angle of sixty
degrees or less with flat open steps at least six
inches in width and twenty inches in length and with a
maximum rise of nine inches. The opening in any balcony
for such a stairway shall be at least twenty-one by
twenty-eight inches.
5. a. There shall be provided from the lowest balcony a
drop ladder fifteen inches in width and of sufficient
length to reach to a safe landing place beneath. Such
ladder shall be constructed, located and arranged so as
to be held in proper position at all times and, unless
properly counter-balanced, shall be placed in guides so
that it can be easily lowered.
b. The distance from the lowest balcony to the ground or
safe landing place beneath shall be not more than
sixteen feet, except that the department may permit
such lowest balcony to be up to eighteen feet above a
public sidewalk because of structural conditions in any
multiple dwelling erected before April eighteenth,
nineteen hundred twenty-nine.
c. No drop ladder shall be required where the distance
from the lowest balcony to a safe landing place beneath
is five feet or less.
6. The balcony on the top story shall be provided with a
stairway or a gooseneck ladder from such balcony to and
above the roof and securely fastened thereto, except that no
such stairway or ladder shall be required:
a. On multiple dwellings two stories or less in height
erected after April eighteenth, nineteen hundred twenty-
nine; or
b. Wherever there is a peak roof with a pitch in excess of
twenty degrees;
c. When the fire-escape is on the front of the dwelling,
in a recess on the front of the dwelling, or on an
outer court opening to a street.
7. Every fire-escape if constructed of material subject to
rusting shall be painted with two or more coats of good
paint in contrasting colors; in the case of a new fire-
escape the first coat before erection, and the second coat
after erection. Whenever a fire-escape becomes rusty, the
owner shall repaint it with two additional coats of good
paint.
8. a. Whenever a non-fireproof multiple dwelling is not
provided with sufficient means of egress in case of
fire, the department may order such additional fire-
escapes or balconies as in its judgment may be deemed
necessary.
b. The owner of a multiple dwelling shall keep and
maintain every fire-escape thereon in good order and
repair.
c. No person shall at any time place any encumbrance of
any kind before or upon any fire-escape, or place or
keep a cover of any kind over the stairway opening in a
balcony of such fire-escape. An occupant or tenant of a
multiple dwelling who shall violate or assist in the
violation of the provisions of this paragraph shall be
guilty of a misdemeanor punishable as provided in
section three hundred four.
9. No fire-escape shall be removed from or constructed on any
existing multiple dwelling without permission from the
department. No fire-escape shall be removed from any
apartment without due precaution against leaving occupants
of such apartment without adequate means of egress in case
of fire. A wire, chain cable, vertical ladder or rope fire-
escape is an unlawful means of egress. Every such fire-
escape, if required as a means of egress, shall be removed
and replaced by a system of fire-escapes constructed and
arranged as provided in this section.
10. The department shall have the power to make supplementary
regulations relating to fire-escapes.
Sec. 54. Cellar entrance.
There shall be a direct entrance to the cellar, or to the lowest
story if there be no cellar, from the outside of every multiple
dwelling erected after April eighteenth, nineteen hundred twenty-
nine, except that in non-fireproof multiple dwellings erected
after such date which are three stories or less in height and
occupied by not more than two families on any story, any stair
leading to such cellar or lowest story may be located inside the
dwelling provided it is enclosed in fireproof walls and fireproof
doors and assemblies with the doors self-closing, at both the
level of such cellar or lowest story and that of the story above.
No such outside entrance existing in any multiple dwelling on
April eighteenth, nineteen hundred twenty-nine, shall be
obstructed.
Sec. 55. Wainscoting.
1. Whenever the surface of walls, partitions or ceilings in any
apartment or suite of rooms of any non-fireproof multiple
dwelling is covered, sheathed or wainscoted wholly or in
part after April eighteenth, nineteen hundred twenty-nine,
such covering shall be backed solidly with plaster. In
fireproof multiple dwellings such covering shall be backed
solidly and continuously or filled with incombustible
material. In the case of walls and partitions in fireproof
dwellings, such backing and filling shall extend to the
fireproof floor construction and in non-fireproof dwellings
to the floor beams. All such backing and filling shall be
fire-stopped.
2. No wood wainscoting other than fireproofed wood complying
with the provisions of section fifty-eight shall be erected
in any public hall, stair or shaft of any multiple dwelling.
Sec. 56. Frame buildings and extensions.
1. Except as provided in section one hundred ninety-three and
subdivision seven of this section, no frame multiple
dwelling shall be erected and no frame dwelling not used as
a multiple dwelling on April eighteenth, nineteen hundred
twenty-nine, shall be altered or converted to such use or
occupancy.
2. No existing frame multiple dwelling shall be increased in
height nor shall it be altered to permit a greater occupancy
on any story than provided for on April eighteenth, nineteen
hundred twenty-nine; except that, if the walls of such a
frame dwelling are faced with brick veneer or with another
material or combination of materials having a fire resistive
rating of at least one hour, and the entrance story thereof
is occupied by not more than one family, such entrance story
may be altered so that it may be occupied by not more than
two families.
3. No frame building of any kind whatsoever shall be placed or
built upon the same lot with any multiple dwelling.
4. No multiple dwelling shall be placed or built upon the same
lot with any frame building.
5. No frame multiple dwelling, no wooden structure of any kind
or class on the same lot with any frame dwelling or with any
multiple dwelling, and no other building on the same lot
with any frame dwelling, shall be altered or converted so as
to be enlarged, extended or increased in height or bulk or
in the number of rooms, apartments or dwelling units
therein; except that:
a. An extension seventy square feet or less in ground area
the side walls of which are of frame and brick filled
or of masonry construction may be added to any existing
frame multiple dwelling if used solely for bathrooms or
waterclosets; and
b. An extension constructed with fireproof walls may be
made to a frame building if the first story of such
extension is used solely for business not prohibited by
any local law or ordinance, or if such extension
contains not more than one living room on any story. No
yard or court shall be diminished by such extension so
that its area or least dimension is less than required
by this chapter for a yard or court of a multiple
dwelling erected after April eighteenth, nineteen
hundred twenty-nine.
6. None used as a store or other non-residential use to no more
than one additional dwelling unit; provided, however, that:
(a) such space has been vacant for at least one year, and
(b) such space has a minimum of three hundred square feet of
floor area, and (c) the conversion must be for a class "A"
use, and (d) said unit shall contain a cooking space and a
complete bathroom, and (e) all walls and ceilings of the new
dwelling unit shall be fire-retarded with one hour rated
fire-retarding materials, and (f) the height and bulk of the
dwelling shall not be increased, and (g) the dwelling will
be in full compliance with this chapter and other related
and local ordinances, except that the owner of said dwelling
shall be entitled to consideration for variances permitted
in subdivision one and subparagraph five of paragraph a of
subdivision two of section three hundred ten of this chapter
for multiple dwellings and buildings existing prior to
November first, nineteen hundred forty-nine.
Sec. 57. Bells; mail receptacles.
1. Whenever bells are installed at the entrance to any multiple
dwelling or at any door of an individual apartment in a
multiple dwelling, they shall be kept in good working order.
2. Whenever the owner of a multiple dwelling has not arranged
for mail to be delivered to occupants thereof by himself,
his agent or employees, arrangements shall be made for the
delivery of such mail in conformity with regulations of the
post office department.
Sec. 58. Incombustible materials.
Except as may be specifically provided otherwise in this chapter,
all required incombustible materials, including fireproofed wood,
shall be capable of withstanding successfully standard fire tests
as prescribed by the building code. In the absence of any such
prescribed requirements, the department shall have the power to
make supplementary regulations relative to standard fire tests
for incombustible materials.
Sec. 59. Bakeries and fat boiling.
1. It shall be unlawful to construct or maintain a bakery or a
place of business where fat is boiled in any non-fireproof
multiple dwelling or upon the lot on which such dwelling is
situated, unless the ceiling, side walls and all exposed
iron or wooden beams, girders and columns within the said
bakery or business place where fat is boiled, are covered
with fireproof materials.
2. There shall be no door, window, dumbwaiter shaft or other
opening between such a bakery or business place where fat is
boiled and any other part of the dwelling, except that:
a. There may be access to the public parts of the dwelling
from any bakery maintained therein if the product of
such bakery is consumed exclusively within such
dwelling.
b. In a fireproof hotel where a retail bakery is
maintained therein, there may be access to the public
parts of the hotel, provided the door openings leading
thereto from such bakery and the door assemblies are
fireproof with the doors self-closing, and provided the
public parts of such bakery premises are protected by
one or more sprinkler heads.
c. In bakeries in which no fat is boiled and on the
premises of which there is no apparatus for fat
boiling, a dumbwaiter communicating between the place
where the baking is done and a bakery store above may
be maintained if entirely enclosed in a brick shaft
with walls eight inches or more in thickness, without
any openings whatever except one door opening into the
bakeshop and one into the bakery store. Every such
opening shall be provided with a fireproof door and
assembly so arranged that when one door is open, the
other is entirely closed.
3. Every part of a bakery, its plumbing, and the yards and open
spaces adjoining shall be kept in good repair, in sanitary
condition and free from rodents and vermin.
Sec. 60. Motor vehicle storage.
A space may be provided and maintained in any multiple dwelling
or upon the premises thereof, or a structure may be erected and
maintained at the rear or side thereof, for the storage of
passenger motor vehicles but only with a written permit therefor
when required by local law and in accordance with every
applicable local law, ordinance, resolution, code provision or
regulation and with the following provisions:
1. a. It shall be unlawful to sell, store, handle or
furnish gasoline, oil or other fuel, or any article,
accessory or service except storage, or to construct or
maintain repair or grease pits in any such space or
structure. The provisions of this section shall not
prevent the keeping of such gasoline, oil or other fuel
as may be contained in the tank of any such motor
vehicle, and the cleaning or washing of such motor
vehicles.
b. Such space or structure shall be used solely for the
storage of passenger motor vehicles of the occupants of
the multiple dwelling or of multiple dwellings under
common ownership, except that, in the event such space
or structure or part thereof is not used by such
occupants, it may be rented by the owner or owners of
such dwelling or dwellings to persons other than the
occupants thereof. The space which has thus been rented
shall be made available to an occupant within thirty
days after written request therefor. Except as
otherwise provided in paragraph d herein transient
parking for any period of less than one month by non-
occupants is unlawful. However, such space may be used
also for the storage of any type of mechanical or motor-
driven equipment or other accessory device or passenger
bus required for the proper maintenance of the site and
of the dwellings thereon.
c. If any of the provisions contained in paragraphs a and
b of this subdivision is violated, the department
charged with the enforcement of this chapter or the
fire department shall order and direct that no motor
vehicle may be stored or kept in such space or
structure thereafter for such period as either
department shall determine, and thereupon the permit
shall be suspended and no motor vehicle shall be stored
or kept in such space or structure for such period.
d. A city may, by local law or ordinance, or the duly
constituted planning or appeal board or commission of a
city may by granting an approval, exception or
variance, authorize transient parking for any period of
less than one month of motor vehicles in dwellings by
non-occupants in any space that is not let to an
occupant pursuant to the other provisions of this
section. Such city may require a license and impose a
fee therefor, and adopt supplementary rules,
regulations and conditions under which such parking
shall be permitted.
2. a. Every such space or structure shall be designed
and constructed to accommodate not more than two
passenger motor vehicles for each family in such
multiple dwelling.
b. Such space or structure shall have a floor area within
its enclosing walls not greater than three hundred
square feet per vehicle for each such family, including
car parking spaces and aisles.
c. Every such storage space or structure shall be
fireproof throughout, except that any extension of such
storage space or structure beyond the exterior walls of
a fireproof dwelling not exceeding one story in height
and any separate structure on the same lot as a
fireproof dwelling may be of uncombustible material
with a fire-resistive rating of at least two hours, if
such extension or separate structure complies with the
provisions of paragraph e of this subdivision.
d. When constructed within a multiple dwelling such
storage space shall be equipped with a sprinkler system
and also with a system of mechanical ventilation in no
way connected with any other ventilating system. Such
storage space shall have no opening into any other part
of the dwelling except through a fireproof vestibule.
Any such vestibule shall have a minimum superficial
floor area of fifty square feet and its maximum area
shall not exceed seventy-five square feet. It shall be
enclosed with incombustible partitions having a fire-
resistive rating of three hours. The floor and ceiling
of such vestibule shall also be of incombustible
material having a fire-resistive rating of at least
three hours. There shall be two doors to provide access
from the dwelling to the car storage space. Each such
door shall have a fire-resistive rating of one and one-
half hours and shall be provided with a device to
prevent the opening of one door until the other door is
entirely closed. One of these doors shall swing into
the vestibule from the dwelling and the other shall
swing from the vestibule into the car storage space.
The door from the vestibule to the dwelling shall be at
least twenty feet distant in a non-fireproof dwelling
or twelve feet in a fireproof dwelling from any stair
enclosure, elevator shaft, or any opening to any other
vertical shaft. Such vestibule shall also be equipped
with sprinklers and with an exhaust duct having a
minimum cross-sectional area of one hundred forty-four
square inches and shall not be connected with any other
ventilating system.
e. Such storage space may be extended beyond the exterior
walls of a fireproof dwelling without any separating
walls between its interior and exterior portion
provided that such extension is roofed over and
equipped with sprinklers throughout. Such extension
shall be open to the outer air on at least two sides
and in no event shall more than fifty percent of its
vertical surface area be enclosed in any manner. Any
such extension shall not be deemed to be a storage
space within a multiple dwelling. Any enclosed sub-
surface space beneath such an extension shall however,
comply with all the provisions of this section
applicable to storage space within a multiple dwelling.
Any portion of such extension of storage space or of a
separate structure for such storage purposes
appurtenant to a multiple dwelling which face any
dwelling within a distance of twenty feet therefrom or
which is within thirty feet of any living room window
of any dwelling shall be unpierced except for door
openings for vehicles. A separate structure for such
storage purposes appurtenant to a multiple dwelling may
adjoin such dwelling provided that the part of the wall
separating such space from the dwelling is fireproof
and unpierced, except by a fireproof vestibule as
provided in subdivision d. Such extension or separate
structure shall be adequately screened at grade level.
That part of the roof of an extension within thirty
feet of any living room window of any dwelling shall
not be used for parking or storage of motor vehicles or
the ingress thereto or egress therefrom by motor
vehicles.
f. Any such structure one story in height or any extension
of a storage space within a multiple dwelling beyond
the exterior wall of such dwelling where such extension
is one story in height, shall not be deemed an
encroachment upon a yard or its equivalent or a court.
Any such structure or extension in excess of such
height shall be deemed an encroachment thereupon.
g. In a completely enclosed storage structure or a storage
space within a multiple dwelling except for vehicle
entrance doors, all doors, windows and their assemblies
in the exterior walls of any such space or structure
accommodating more than five motor vehicles shall be
fireproof and such windows shall be either fixed
windows or automatic fire windows and glazed with wire
glass. Any door or vehicle entrance to such space or
structure accommodating more than five motor vehicles
shall be at least twenty feet distant from any door
giving access to any required entrance hall from
outside of the dwelling and shall be at least eight
feet distant from any other entrance or exit of such
dwelling. However, in such space the windows in an
exterior wall which faces the street may be of
incombustible material and be glazed with plain glass,
provided that such windows are thirty feet or more,
measured in a horizontal direction, from any opening in
the exterior wall of the dwelling.
h. Notwithstanding any other provision of this section
when such storage space or structure is designed and
constructed within or appurtenant to a converted
dwelling to accommodate not more than three motor
vehicles, (1) the ceiling and the enclosing walls may
be of materials having a fire-resistive rating of not
less than one hour and the floors shall be fireproof;
(2) only one opening shall be permitted in the
enclosure partition between the garage and the dwelling
and such opening shall be protected by a fireproof door
and assembly with the door self-closing; (3) a
sprinkler system for such space shall not be required;
and (4) in lieu of mechanical ventilation, such space
may have fixed ventilation of not less than one hundred
and forty-four square inches for each motor vehicle.
3. The agency of a city authorized by law to make rules
supplemental to laws regulating construction, maintenance,
use and area of buildings and to grant variances of the
zoning resolution shall have the power to make rules to
supplement the requirements of this section and, after
public hearing, may grant variances of local laws,
resolutions, code provisions or regulations which are more
restrictive than the provisions of this section, subject to
such conditions as, in the opinion of such agency, will best
promote health, safety and welfare and carry out the
permissive intent of this section. All owners of property
within a radius of one hundred fifty feet of the entrance or
entrance passage to such space or structure shall be duly
notified of any such public hearing and shall be given due
opportunity to be heard thereon. Nothing in this section
shall be deemed to prohibit the use of a part of such lot or
plot as a parking area for the exclusive use of the
occupants of such dwelling.
4. No parking area or space to be used for the storage of motor
vehicles upon the premises of a multiple dwelling shall
encroach upon any part of the lot or plot which is required
by any provision of this chapter to be left open and
unoccupied.
5. None of the provisions of this section shall be construed as
permitting such space or structure or part thereof to be
rented or leased for the storage or warehousing of passenger
or commercial type of motor vehicles, which are part of
stock of any person, firm or corporation engaged in the
purchase, sale or rental of such motor vehicles.
Sec. 61. Business uses.
1. Except as may be otherwise provided by any local law,
ordinance, rule or regulation, business may be conducted in
any multiple dwelling including:
a. Baking and fat-boiling as provided in section fifty-
nine,
b. Storage of passenger motor vehicles as provided in
section sixty, and
c. Any manufacturing business in which seven or more
persons are employed, or any employment agency as
defined in section one hundred seventy-one of the
general business law other than a non-profit employment
agency in a fireproof class B multiple dwelling owned
and occupied by a non-profit corporation organized for
and engaged exclusively in promoting religious,
education or philanthropic purposes, provided that
every means of egress from such a business space shall
be separate and distinct from and without means of
communication with any means of egress from the
dwelling portion of the building.
2. The number of means of egress from the portion of any
multiple dwelling where business is conducted shall be in
conformity with those provisions of the local laws,
ordinances, rules and regulations covering means of egress
from buildings in which a like business is conducted.
3. There shall be no manufacturing business conducted above the
second floor of any non-fireproof multiple dwelling.
4. Where business is conducted in any multiple dwelling erected
before April eighteenth, nineteen hundred twenty-nine, such
business space shall also comply with all the following
requirements in a manner which the department shall deem
adequate to prevent the spread of fire:
a. Within or appurtenant to such space, all pipe chases
and openings around flues shall be fire-stopped, and
such flues shall be kept in good order and repair.
b. All other openings from such space into non-fireproof
shafts or into entrance halls shall either be sealed
with fire-retarded material or equipped with a self-
closing fire-retarded door or window with fire-retarded
assemblies.
5. Where business is conducted in any non-fireproof multiple
dwelling erected after April eighteenth, nineteen hundred
twenty-nine, the walls and ceiling of such business space
shall be fire-retarded. The department may also require the
walls and ceilings of any business space in any multiple
dwelling erected before such date to be fire-retarded when
the department shall deem such requirement necessary for the
protection of the occupants.
6. If the ground story of any non-fireproof multiple dwelling
is extended for business purposes, the underside of the roof
of such extension shall be fire-retarded. If there are fire-
escapes above such extension, its roof shall be fireproof.
Sec. 62. Parapets, guard railings and wires.
1. Every open area of a roof, terrace, areaway, outside stair,
stair landing, retaining wall or porch and every stair
window of a multiple dwelling erected after April
eighteenth, nineteen hundred twenty-nine, shall be protected
in a manner approved by the department by a parapet wall or
a guard railing three feet six inches or more in height
above the level of such area, or, in the case of a stair
window, above the level of the floor adjacent thereto,
unless the department shall deem that such protection is not
necessary for safety. In any multiple dwelling where a
bulkhead door or scuttle cover opens within four feet of the
edge of the roof, that part of the roof which is immediately
adjacent to such door or cover shall be adequately
protected. Such protection shall consist of guard rails or
parapet walls extending at least three feet six inches above
the level of the roof, and shall be arranged and placed in a
manner approved by the department, but shall not be required
for such bulkhead door or scuttle cover when the bulkhead or
scuttle on such dwelling is immediately adjacent to, and
also on the same level as or on a lower level than, the roof
of a contiguous building. This subdivision shall not apply
to the open area of a roof of a garden-type maisonette
dwelling project.
2. All radio, antennae or other wires over any roof shall,
unless otherwise permitted by the department, be kept ten
feet or more above such roof, and no radio, television
antennae or other wires shall be attached to any fire escape
or to any soil or vent line extending above the roof.
Sec. 63. Sub-curb uses.
1. When any living room is below the level of the highest curb
in front of any multiple dwelling erected after April
eighteenth, nineteen hundred twenty-nine, in accordance with
the provisions of paragraph f of subdivision one of section
thirty-four, all portions of such dwelling below such level
shall be fireproof throughout except that windows therein
need not be fireproof but shall be of incombustible material
and may be glazed with plain glass.
2. Except in multiple dwellings which do not exceed eighty feet
in height measured from the lowest point of any curb on
which any part of the dwelling faces, at least one means of
egress from any apartment or suite of rooms below the level
of the highest curb in front of such a dwelling shall lead
directly to the street in front of said dwelling and at
least one such means to the yard or street in the rear of
said dwelling. Every yard in the rear of every such multiple
dwelling, regardless of the height of such dwelling, shall
at the lowest level of such yard be provided with a fire
passage in compliance with the requirements for such a
passage in paragraph f of subdivision five of section twenty-
six.
3. Notwithstanding any other provisions of this section the
department may require such additional means of egress from
the said dwelling or protection from fire as the department
may deem necessary for the safety of the occupants.
Sec. 64. Lighting; gas meters; gas and oil appliances.
1. Every multiple dwelling after July first, nineteen hundred
fifty-five, shall be adequately equipped throughout all
stories and cellars for lighting by gas or electricity, with
proper fixtures at every light outlet, including lighting
for all means of egress leading to the street, yards or
courts, and for every room, water-closet compartment,
bathroom, stair or public hall.
2. No gas meter, other than a replacement meter, installed in a
multiple dwelling after July first, nineteen hundred fifty-
five, shall be located in any boiler room or other room or
space containing a heating boiler, nor in any stair hall,
nor in any public hall above the cellar or above the lowest
story if there is no cellar, except that in any multiple
dwelling where there is an existing gas meter located in any
boiler room or other room or space containing a heating
boiler, one additional gas meter may be installed in such
room or space, provided such additional gas meter is
installed adjacent to such existing gas meter and is used in
conjunction with the supply of gas for a gas-fired heating
boiler or a gas-fired water heater used as a central source
of supply of heat or hot water for the tenants residing in
such multiple dwelling. Such additional gas meter may be
installed only upon condition that space heaters or hot
water appliances in the apartments are eliminated. For the
purposes of this subdivision, the term "gas meter" shall not
include any instrument, device or apparatus used to measure
the consumption of gas where no gas, manufactured, natural
or mixed, is contained in or flows through such instrument,
device or apparatus, provided that such instrument, device
or apparatus is approved by and installed under the
supervision of the city agency vested by law with
jurisdiction to inspect and test wiring and appliances for
electric light, heat and power and provided further that the
location of such instrument, device or apparatus is approved
by the department.
3. It shall be unlawful to place, use, or to maintain in a
condition intended, arranged or designed for use, any gas-
fired cooking appliance, laundry stove, heating stove, range
or water heater or combination of such appliances in any
room or space used for living or sleeping in any new or
existing multiple dwelling unless such room or space has a
window opening to the outer air or such gas appliance is
vented to the outer air. All automatically operated gas
appliances shall be equipped with a device which shall shut
off automatically the gas supply to the main burners when
the pilot light in such appliance is extinguished. A gas
range or the cooking portion of a gas appliance
incorporating a room heater shall not be deemed an
automatically operated gas appliance. However, burners in
gas ovens and broilers which can be turned on and off or
ignited by non-manual means shall be equipped with a device
which shall shut off automatically the gas supply to those
burners when the operation of such non-manual means fails.
All gas appliances shall be connected directly to the gas
supply by means of rigid piping or other approved connectors
or connections of incombustible materials. All such
automatically operated gas appliances and devices shall be
approved by the local agency empowered to grant the same.
4. It shall be unlawful to use, or to maintain in a condition
intended, arranged or designed for use, in any multiple
dwelling any oil-burning equipment for heating or cooking,
unless such equipment has been approved for design,
manufacture and appropriate safety and ventilating
requirements by the local board of standards and appeals;
provided, however, that in a city having a population of one
million or more, approval of such equipment for use in any
multiple dwelling shall be made by the commissioner of
buildings or the fire commissioner, as appropriate, in
accordance with local law.
5. All appliances in use after June thirtieth, nineteen hundred
fifty-five, shall conform to the provisions of subdivisions
three and four of this section except that appliances now in
use shall conform to such provisions not later than June
thirtieth, nineteen hundred fifty-six.
Sec. 65. Boiler rooms.
1. Except as hereafter provided, in every multiple dwelling
erected after April eighteenth, nineteen hundred twenty-
nine, which is four stories or more in height the boiler
shall be enclosed in a room or space constructed with
fireproof walls extending from the floor construction to the
ceiling construction, and all openings therefrom to other
portions of the dwelling shall be equipped with fireproof
doors and assemblies with the doors self-closing. However,
in all multiple dwellings, on and after January first,
nineteen hundred sixty-six, a room or space provided with a
central heating plant shall be completely enclosed with
incombustible materials having a standard fire-resistive
rating of at least one hour.
2. In such a dwelling access to a cellar or lowest story in
which a boiler is located shall not be through any boiler
room, nor shall any cellar or basement stair or any shaft be
installed within a boiler room.
3. The department shall have the power to make supplementary
regulations relating to boiler or furnace rooms.
Sec. 66. Lodging houses.
1. It shall be unlawful to occupy any lodging house unless such
dwelling conforms to the provisions of the specific sections
enumerated in section twenty-five to the extent required
therein, including the provisions of this section, and to
all other applicable provisions of this chapter.
2. a. No wood or other combustible facing shall be
permitted on the walls, partitions or ceilings of
entrance halls or other public halls or stairs, except
a flat baseboard ten inches or less in height. The
stair string, handrails, soffits, fascias, railings,
balustrades and newel posts shall be constructed of
hard incombustible material and shall be of such sizes
and secured in such manner as approved by the
department.
b. The walls and ceilings of all entrance halls, stair
halls and other public halls and stairs shall be fire-
retarded on the hall or stair side with half-inch
plaster board covered with twenty-six gauge metal or
other materials approved by the department.
c. Except partitions forming existing cubicles, flat
baseboards not more than ten inches high and door and
window assemblies not otherwise required to be fire-
retarded, all wood partitions and all combustible
coverings on walls or partitions throughout the portion
of the dwelling used for lodging-house purposes shall
be protected with incombustible material approved by
the department.
d. The cellar ceiling and the ceiling of every story shall
be fire-retarded. The department may accept an existing
ceiling if it is in good condition and plastered, or
covered with metal or with half-inch plaster board
covered with metal, or other materials approved by the
department, except that the ceiling over and the floor
beneath any furnace, stove, boiler or hot-water heater
shall be fire-retarded and such fire-retarding shall
extend for a distance of at least four feet beyond the
sides and rear and eight feet in front of such furnace,
stove or heater. Metal breechings and flues connected
to such devices shall be made secure and be protected
in conformity with regulations adopted by the
department.
e. Every window not opening to the outer air in an
entrance, stair or other public hall shall be removed,
and the opening closed and fire-retarded, except that
interior windows or similar openings in partitions
forming the enclosure of entrance, stair or other
public halls may be retained if they are used in the
operation and maintenance of the lodging house and are
protected by automatic fire windows.
f. There shall be one or more completely enclosed
compartments remote from any stairway for the storage
of mattresses, linens, brooms, mops and other
paraphernalia incidental to the occupancy and
maintenance of the lodging house, and such
paraphernalia shall be stored in no other portion of
such dwelling. The partitions forming each such
compartment shall be fire-retarded and shall be
provided with a fireproof door and door assembly with
the door self-closing. Each such compartment shall be
ventilated in accordance with regulations adopted by
the department. Any space which is used for the storage
of mattresses, in addition to conforming to the other
provisions of this section, shall be provided with a
window ten square feet or more in area, and such window
shall open upon a street or yard.
g. There shall be provided on each lodging-house story one
or more containers of metal or other hard incombustible
material, with self-closing lids, in which all scrap
and refuse of a combustible nature shall be placed
until its disposal.
h. Insecticides and other fluids containing inflammable,
volatile or combustible material shall be stored in a
completely enclosed fire-retarded room or compartment,
ventilated in accordance with regulations adopted by
the department, and only under authority of a permit
from the fire department.
3. a. In non-fireproof lodging houses there shall be in
all dormitories, entrance and other public halls,
stairs, storage rooms, cellars and other parts of the
dwelling an automatic wet-pipe sprinkler system,
installed and maintained in conformity with regulations
adopted by the department. In connection with such
sprinkler system there shall be an automatic closed-
circuit alarm system so arranged and installed as to
give warning, at a recognized central station
satisfactory to the fire department, of the closure of
any valve controlling water supply to any of the
sprinklers and of the operation of any sprinkler head.
Such alarm system shall also be so installed and
maintained that when a sprinkler operates an alarm bell
satisfactory to the fire department, eight inches in
diameter or at least capable of being heard clearly
throughout the room, will sound in each dormitory and
in the office of the lodging house, and that such alarm
system can also be operated manually. Such sprinkler
and alarm systems shall have supervisory and
maintenance service satisfactory to the department and
the fire department respectively. Any existing fire
alarm or sprinkler system which can be altered or
adapted to meet the requirements of this paragraph may
be so used instead of a completely new system.
b. In fireproof lodging houses all dormitories, entrance
and other public halls, stairs, storage rooms, cellars
and other parts of the dwelling shall either be
equipped with a combined sprinkler and fire alarm
system as required for the lodging houses provided for
in paragraph a or be equipped throughout with an
automatic, thermostatic, closed-circuit fire alarm
system. Such alarm system shall be so arranged and
installed that it can also be operated manually and
that it will give warning, at a recognized central
station satisfactory to the fire department, of the
operation of any part of the alarm system. Such alarm
system shall also be so installed and maintained as to
actuate an alarm bell satisfactory to the fire
department and at least eight inches in diameter in
each dormitory in the dwelling and in the lodging-house
office when the alarm system operates. Such alarm
system shall have supervisory and maintenance service
satisfactory to the fire department.
4. a. There shall be at least two means of unobstructed
egress from each lodging-house story, which shall be
remote from each other. The first means of egress shall
be to a street either directly or by an enclosed stair
having unobstructed, direct access thereto. If the
story is above the entrance story, the second means of
egress shall be by an outside fire-escape constructed
in accordance with the provisions of section fifty-
three or by an additional enclosed stair. Such second
means of egress shall be accessible without passing
through the first means of egress.
b. All doors opening upon entrance halls, stair halls,
other public halls or stairs or elevator, dumbwaiter or
other shafts, and the door assemblies, shall be
fireproof with the doors made self-closing by a device
approved by the department, and such doors shall not be
held open by any device whatever. All openings on the
course of a fire-escape shall be provided with such
doors and assemblies or with fireproof windows and
assemblies, with the windows self-closing and glazed
with wire glass, such doors or windows and their
assemblies to be acceptable to the department.
c. There shall be unobstructed aisles providing access to
all required means of egress in all dormitories. Main
aisles, approved as such by the department to provide
adequate approaches to the required means of egress,
shall be three feet or more in width, except that no
aisle need be more than two feet six inches wide if it
is intersected at intervals of not more than fifty feet
by crossover aisles at least three feet wide leading to
other aisles or to an approved means of egress.
d. Every required means of egress from the lodging-house
part of the dwelling shall be indicated by a sign
reading "EXIT" in red letters at least eight inches
high on a white background illuminated at all times
during the day and night by a light of at least twenty-
five watts or equivalent illumination. Such light shall
be maintained in a keyless socket. On all lodging-
house stories where doors, openings, passageways or
aisles are not visible from all portions of such
stories, and in other parts of the dwelling which may
be used in entering or leaving the lodging-house part
and in which a similar need exists, signs with easily
readable letters as least eight inches in height, and
continuously and sufficiently illuminated by artificial
light at all times when the natural light is not
sufficient to make them easily readable, shall be
maintained in conspicuous locations, indicating the
direction of travel to the nearest means of egress. At
least one such sign shall be easily visible from the
doorway of each cubicle.
e. Access from the public hall at the top story to the
roof shall be provided by means of a bulkhead or a
scuttle acceptable to the department. Every such
scuttle and the stair or ladder leading thereto shall
be located within the stair enclosure.
5. The number of persons accommodated on any story in a lodging
house shall not be greater than the sum of the following
components.
a. Twenty-two persons for each full multiple of twenty-two
inches in the smallest clear width of each means of
egress approved by the department, other than a fire-
escape.
b. Twenty persons for each lawful fire-escape accessible
from such story if it is above the entrance story.
6. Existing cubicles complying with all other provisions of
this section may be maintained, provided the top of the
enclosure of every cubicle is at least two feet from the
ceiling. Any rearrangement of existing cubicles that may be
made necessary by the provisions of this section shall be
lawful. Cubicles authorized by this section shall not be
considered rooms or alcoves but parts of the rooms in which
they are constructed.
7. The department shall cause all lodging houses to be
inspected at intervals of three months or less. All sections
and parts of every lodging house shall also be inspected by
a clerk or watchman in the employ of the owner at least once
in every two hours.
8. a. The department shall have power to make
supplementary regulations relating to fire-escapes,
protection from fire, and the installation of sprinkler
systems in lodging houses and the fire department shall
have power to make such regulations relating to fire
alarms therein.
b. Nothing in this section shall be deemed to abrogate any
powers or duties vested in the fire commissioner or the
fire department of the city of New York by chapter
nineteen of the administrative code of the said city.
Sec. 67. Hotels and certain other class A and class B dwellings.
1. It shall be unlawful to occupy any class A or class B
multiple dwelling, including a hotel, unless it conforms to
the provisions of the specific sections enumerated in
section twenty-five to the extent required therein,
including the applicable provisions of this section and all
other applicable provisions of this chapter except that the
provisions of this section shall not apply to:
a. Converted dwellings;
b. Tenements;
c. Lodging houses;
d. Class A multiple dwellings erected under plans filed
with the department after April eighteenth, nineteen
hundred twenty-nine.
2. Any such multiple dwelling, altered or erected after April
fifth, nineteen hundred forty-four, and which is required to
conform to the provisions of articles one, two, three, four,
five, eight, nine and eleven, shall not be required to
conform to the provisions of subdivisions three, six, nine
and ten of this section.
3. The walls and ceiling of every entrance hall, stair hall or
other public hall, every hall or passage not within an
apartment or suite of rooms, every dumb-waiter, elevator,
and, except as provided in paragraph d of subdivision six,
every other shaft, including stairs, connecting more than
two successive stories, shall be sealed off from every other
portion of the dwelling with fire-retarding materials
approved by the department, or, in lieu thereof, except in
the case of elevator shafts, shall be equipped with one or
more automatic sprinkler heads. Nothing contained herein
shall be deemed to exempt from enclosure an interior
required means of egress. The provisions of this subdivision
and similar requirements of section sixty-one shall not
apply to a store or space used for business on any story
where there are no sleeping rooms, when such store or space
is protected with sprinkler heads.
4. There shall be one or more completely enclosed compartments
for the storage of mattresses, furniture, paints, floor wax,
linens, brooms, mops and other such inflammable or
combustible paraphernalia incidental to the occupancy and
maintenance of the dwelling, and such paraphernalia shall be
stored in no other portion of such dwelling. Such
compartments shall be completely protected by one or more
automatic sprinkler heads. Every door from any such
compartment shall be self-closing. Closets which do not
exceed one hundred square feet in floor area may be used for
the temporary storage of such paraphernalia, except
mattresses, furniture, paints and insecticides containing
inflammable materials and are excluded from the requirements
of this subdivision.
5. All kitchens and pantries serving restaurants in such non-
fireproof dwellings shall be equipped with one or more
automatic sprinkler heads.
6. Except in fireproof class A multiple dwellings erected under
plans filed after January first, nineteen hundred twenty-
five, and which were completed before December thirty-one,
nineteen hundred thirty-three, and except as otherwise
provided in paragraph c of this subdivision, in every such
dwelling three or more stories in height there shall be from
each story at least two independent means of unobstructed
egress located remote from each other and accessible to each
room, apartment or suite.
a. The first means of egress shall be an enclosed stair
extending directly to a street, or to a yard, court or
passageway affording continuous, safe and unobstructed
access to a street, or by an enclosed stair leading to
the entrance story, which story shall have direct
access to a street. That area of the dwelling
immediately above the street level and commonly known
as the main floor, where the occupants are registered
and the usual business of the dwelling is conducted,
shall be considered a part of the entrance story; and a
required stair terminating at such main floor or its
mezzanine shall be deemed to terminate at the entrance
story. An elevator or an unenclosed escalator shall
never be accepted as a required means of egress.
b. The second means of egress shall be by an additional
enclosed stair conforming to the provisions of
paragraph a of this subdivision, a fire-stair, a fire-
tower or an outside fire-escape. In a non-fireproof
dwelling when it is necessary to pass through a stair
enclosure which may or may not be a required means of
egress to reach a required means of egress, such stair
enclosure and that part of the public hall or corridor
leading thereto from a room, apartment or suite, shall
be protected by one or more sprinkler heads; in a
fireproof dwelling only that part of the hall or
corridor leading to such stair enclosure need be so
protected.
c. Where it is impractical in such existing dwellings to
provide a second means of egress, the department may
order additional alteration to the first means of
egress and to shafts, stairs and other vertical
openings as the department may deem necessary to
safeguard the occupants of the dwelling, may require
the public halls providing access to the first means of
egress to be equipped on each story with one or more
automatic sprinkler heads, and, in non-fireproof
dwellings, may also require automatic sprinkler heads
in the stair which serves as the only means of egress.
d. Nothing in this section shall be deemed to require the
enclosure of a stair which is ornamental provided such
stair does not connect more than two stories.
e. A stair, fire-stair, fire-tower or fire-escape which is
supplementary to the egress requirements of paragraphs
a, b and c of this subdivision need not lead to the
entrance story or to a street, or to a yard or a court
which leads to a street, provided the means of egress
therefrom is approved by the department.
7. a. All doors opening from shafts, stair halls or
stairs and the door assemblies shall be fire-resistive
with the doors self-closing and without transoms or any
other opening.
b. All other doors opening upon entrance halls or other
public halls or corridors in every part of the dwelling
shall be self-closing. In non-fireproof dwellings any
existing openings in such doors, except in doors to
public toilet rooms or bathrooms, shall be closed and
sealed in such manner as to provide a fire-resistive
rating equal to the fire-resistive rating of the
remainder of the door. Except as provided in this
paragraph, any existing transoms over such doors in
such non-fireproof dwellings shall be firmly secured in
a closed position, or removed and the openings closed,
in a manner satisfactory to the department. If such
doors or transoms are glazed with plain glass, such
glass shall be removed and replaced with wire glass one-
quarter of an inch in thickness or replaced with
material approved by the department. In non-fireproof
dwellings existing transoms or ventilating louvres in
public halls or corridors, and any openings in
partitions separating sleeping rooms from public halls
or corridors to provide ventilation, need not be
replaced, closed or sealed provided such public halls
or corridors are protected by automatic sprinkler
heads. When existing ventilating louvres are located in
the lower half of any such door they may be retained
and new ventilating louvres may be installed in the
lower half of any new or existing doors provided the
openable area of every such louvre does not exceed one
hundred forty-four square inches and the bottom of the
opening is one foot or more above the finished floor of
the public hall or corridor upon which such door opens
and, in such case, no sprinkler system shall be
required.
c. Every existing interior glazed sash, window or opening,
other than a door, in any partition forming required
enclosures around stairs or shafts shall be removed and
the openings closed up and fire-retarded. Where an
existing sash provides borrowed light to a public hall
or corridor from a living room and there is no glass
panel in the door providing access to such room, such
sash shall be made stationary in a closed position and
be glazed with wire glass one-quarter inch in
thickness, or be entirely removed and the opening
closed up with incombustible material.
d. All openings which provide direct access to a fire-
escape from a public hall or corridor shall be equipped
with fireproof doors and assemblies with the door self-
closing or fireproof windows glazed with clear wire
glass. Doors providing access to fire-escapes from
public halls or corridors may be glazed with clear wire
glass.
e. It shall be unlawful to attach to or maintain on or
about any door required to be self-closing any device
which prevents the self-closing of such door.
8. a. (i) Every means of egress shall be indicated by a
sign reading "EXIT" in red letters at least eight
inches high on a white background, or vice versa,
illuminated at all times during the day and night by a
red light of at least twenty-five watts or equivalent
illumination. Such light shall be maintained in a
keyless socket. On all stories where doors, openings or
passageways giving access to any means of egress are
not visible from all portions of such stories, lighted
or reflective directional signs shall be maintained in
conspicuous locations, indicating in red on a white
background, or vice versa, the direction of travel to
the nearest means of egress. In addition to being
posted in conspicuous locations, such signs located
near the floor, giving direction to the nearest means
of egress, shall also be maintained. At least one sign
shall be visible from the doorway of each room or suite
of rooms. Existing signs and illumination may be
accepted if, in the opinion of the department, such
existing signs and illumination serve the intent and
purpose of this subdivision. Supplementary stairs, fire-
stairs, fire-towers or fire-escapes which do not lead
to the entrance story or to a street or to a yard or
court, leading to a street, shall be clearly marked
"NOT AN EXIT" in black letters at least four inches
high on a yellow background and at the termination of
each such stair, fire-stair, fire-tower or fire-escape,
there shall be a directional sign indicating the
nearest means of egress leading to a street. All signs
shall be constructed, located and illuminated in a
manner satisfactory to the department.
b. On each floor of every hotel or motel having two or
more stories where the rooms or suites of rooms are
connected by an interior hallway, there shall be posted
by each stairway, elevator or other means of egress a
printed scale floor plan of the particular story, which
shall show all means of egress, clearly labeling those
to be used in case of fire. Such signs shall be posted
in other conspicuous areas throughout the building.
Said floor plan shall be no smaller than eight inches
by ten inches and shall be posted in such a manner that
it cannot be readily removed.
9. The ceiling of the story immediately below the entrance
story shall be fire-retarded or be equipped with one or more
sprinkler heads. Any boiler or furnace room within the
dwelling used in connection with supplying heat or hot water
shall be enclosed with fire-retarded partitions and every
door opening therefrom and its assembly shall be fireproof
with the door self-closing. The ceiling of such room shall
also be fire-retarded or be equipped with one or more
sprinkler heads.
10. a. There shall be provided in the roof directly over
each stair, fire-stair, fire-tower, dumb-waiter,
elevator or similar shaft which extends to or within
one story of a roof, a ventilating metal skylight
having horizontal dimensions equal at least to seventy-
five per centum of the cross-sectional area of such
shaft. Such skylight need not, however, exceed twenty
square feet in area. Where an existing skylight is
smaller than the dimensions or area prescribed in this
paragraph, no structural change shall be required, but
a ventilating metal skylight fitting the existing
opening in the roof shall be sufficient. Every skylight
shall be glazed with plain glass in the roof of such
skylight and shall be equipped with metal screens over
and under the skylight. In lieu of a skylight a window
of the same area at the top story shall be accepted.
b. Whenever there is a flooring of solid construction at
the top of any enclosed stair, fire-stair, fire-tower,
elevator or similar shaft, openings shall be left near
the top of such shaft for ventilation. Such openings
shall provide at least two hundred eighty-eight square
inches of unobstructed ventilation and shall
communicate directly with the outer air, or be
otherwise ventilated in accordance with the provisions
of the local building code.
c. It shall be unlawful to discharge into any such shaft
any inflammable or volatile gases, liquids or other
thing or matter which would endanger life.
11. a. There shall be a fire-retarded bulkhead in the
roof over, or connecting directly by means of a public
hall with the highest portion of, every stair extending
to the highest story below the main roof. Stairs
leading to such bulkheads shall be fire-retarded as
required for other public stairs and shall have at the
top fireproof doors and assemblies with the doors self-
closing. All stairs to required bulkheads shall be
provided with a guide or handrail. A scuttle so
constructed as to be readily opened may be substituted
for a bulkhead in such dwellings two stories or less in
height. Such scuttle shall be at least twenty-one
inches in width and twenty-eight inches in length,
covered on the outside with metal and provided with a
stationary iron or steel ladder leading thereto.
b. When a dwelling has a pitched or sloping roof with a
pitch or slope of more than fifteen degrees, no
bulkhead or scuttle, or stair or ladder leading thereto
shall be required.
c. A bulkhead door or scuttle shall never be self-locking
and shall be fastened on the inside with movable
rustproof bolts, hooks, or a lock which does not
require a key to open from the inside of the dwelling.
d. Bulkheads and stairs leading thereto existing on April
fifth, nineteen hundred forty-four, shall be permitted
provided the stairs have such angle of ascent and
treads of such dimensions as may be approved by the
department.
12. In every such dwelling containing thirty or more rooms used
for living or sleeping purposes by transient occupants there
shall be a closed-circuit interior fire alarm system. Such
alarm system shall be so installed and maintained that it
can be operated manually from any story to sound an alarm or
alarms capable of being heard clearly in all parts of the
dwelling. Such alarm system shall be installed, arranged and
maintained in a manner satisfactory to the fire department.
13. When the local building code requires a standpipe system
such system shall comply with all of the applicable
requirements of such code.
14. In every such fireproof dwelling containing fifty or more
rooms used for living or sleeping purposes by transient
occupants and in every such non-fireproof dwelling
containing thirty or more such rooms, the owner shall employ
one or more watchmen or clerks whose duty it shall be to
visit every portion of the dwelling at frequent regular
intervals for the purpose of detecting fire or other sources
of danger and giving immediate and timely warning thereof to
all the occupants. There shall be provided a watchman's
clock system or other device to record the movements of such
watchman. Such system shall be installed, supervised and
maintained in a manner satisfactory to the fire department.
However, the provisions of this subdivision shall not apply
where, throughout the dwelling, a closed-circuit, automatic,
thermostatic fire-detecting system is installed which
actuates a fire alarm, or where, throughout the dwelling, an
approved-type automatic sprinkler system is installed which
actuates a fire alarm by the flow of water through such
system.
15. a. Nothing in this section shall be construed as
permitting partitions or materials which are not
fireproof in any fireproof dwelling; nor shall anything
in this section be deemed to abrogate any powers or
duties vested by law in the fire commissioner or fire
department, except that an existing sprinkler
installation, fire alarm or standpipe system which has
been approved or accepted by the department having
jurisdiction and installed before July first, nineteen
hundred forty-eight, shall, after inspection by the
said department, be deemed to be in compliance with the
requirements of this section or may be altered or
adapted to meet such requirements instead of a
completely new installation or system.
b. All automatic sprinkler heads required by this section shall
be constructed to fuse at a temperature not higher than one
hundred sixty-five degrees Fahrenheit, spaced so as to
protect the area which is required to be sprinklered, and
installed, arranged and maintained in conformity with
regulations adopted by the department.
c. For the purposes of subdivisions twelve and fourteen of this
section, the term "transient occupancy" shall mean the
occupancy of a room for living purposes by the same person
or persons for a period of ninety days or less.
Sec. 68. Smoke detecting devices.
1. This section shall apply to all multiple dwellings, whenever
constructed, provided however, that for the purposes of this
section the term "multiple dwelling" shall also include any
dwelling accommodation used as a temporary or permanent
residence located in any building owned as a condominium or
cooperative.
2. (a) The owner of every multiple dwelling to which the
provisions of this section apply shall equip each
apartment or other separate living unit in such
multiple dwelling with approved and operational smoke
detecting devices in conformity with the state fire
prevention and building code; provided, however, that
any multiple dwelling not subject to the provisions of
such code may, in the alternative, be equipped with
battery-operated smoke detecting devices of a type
accepted by the division of housing and community
renewal.
(b) In hotels and other class B multiple dwellings, and in
any portion of a class A multiple dwelling used for
single room occupancy, at least one smoke detecting
device shall be located within each room used for
sleeping purposes. In any other multiple dwelling or
portion thereof, there shall be at least one smoke
detecting device located within each apartment or
separate living unit, in an area so that it is clearly
audible in each bedroom or other room used for sleeping
purposes, with intervening doors closed; provided,
however, that no smoke detecting device be located more
than ten feet from the entrance to any bedroom or other
room used for sleeping purposes.
(c) Each smoke detecting device shall include a test device
to permit the occupant to readily determine if it is
operational.
(d) In addition to complying with the provisions of this
section, the type, location, number, and manner of
installation of smoke detecting devices shall be in
accordance with standards prescribed by the state fire
prevention and building code council.
3. (a) With respect to class A multiple dwellings, other
than any portion of any such dwelling used for single
room occupancy, and notwithstanding the provisions of
section seventy-eight or any other provision of this
chapter, or of any law or requirement, state or local,
the duties of the owner and tenant with respect to
smoke detecting devices installed pursuant to this
section shall be as provided in subdivisions four and
five of this section.
(b) With respect to a class B multiple dwelling, or any
portion of a class A multiple dwelling used for single
room occupancy, the provisions of subdivision five of
this section shall not apply, and smoke detecting
devices installed as required by this section shall be
subject to the provisions of section seventy-eight of
this chapter.
(c) The owner of every multiple dwelling shall keep such
records as the state fire prevention and building code
council shall prescribe relating to the installation
and maintenance of smoke detecting devices in the
building and make such records available to any local
code enforcement official on request.
4. In addition to initially providing and installing the smoke
detecting devices, the owner shall:
(a) replace within thirty days after the receipt of written
notice any such device which becomes inoperable within
one year of the installation of such device due to a
defect in the manufacture of such device and through no
fault of the occupant of the apartment or other unit;
(b) upon the occurrence of a vacancy, replace or properly
equip any such device which has been removed or
rendered inoperable, so as to provide operational smoke
detecting devices for any new tenant; and
(c) notify tenants in writing, individually or through
posting of a notice in a common area of the building,
of the respective duties of owners and tenants under
this section.
5. Except as provided in paragraph (b) of subdivision three of
this section, the tenant shall keep and maintain any smoke
detecting device installed pursuant to this section in good
repair and replace any such device which becomes inoperable
during his occupancy.
6. An owner need not furnish or install a smoke detecting
device where one has already been installed, provided that
(a) the type of such device and the manner of its
installation comply with the provisions of this section and
the standards prescribed by the state fire prevention and
building code council, (b) the existing device is tested and
found to be operational, and (c) the existence of such
device in lieu of an owner-furnished device is noted on the
records kept by the owner pursuant to paragraph (c) of
subdivision three of this section.
7. This section shall not apply within cities with a population
of one million or more, provided however, any local law in
such cities relating to smoke detecting devices shall
provide for the installation and maintenance of smoke
detecting devices in dwelling accommodations located in
buildings owned as condominiums or cooperatives.
TITLE 3
SANITATION AND HEALTH
Sec. 75. Water supply.
1. In every multiple dwelling erected after April eighteenth,
nineteen hundred twenty-nine, where space is provided for
cooking there shall be in every apartment a proper sink with
running water and with a two-inch waste and trap.
2. The owner of every multiple dwelling shall provide proper
appliances to receive and distribute an adequate supply of
water, to and in every apartment or suite of rooms at all
times of the year, during all hours. Failure in the general
supply of water from the street service main shall not be
construed as a failure on the part of the owner, if suitable
appliances to receive and distribute such water have been
provided in the dwelling.
3. For dwellings three or more stories in height erected on or
after April eighteenth, nineteen hundred twenty-nine, and
for all dwellings erected after January first, nineteen
hundred fifty-one, such supply shall include both hot and
cold water at all times of the year, during all hours,
except that hot water service shall not be required by this
section in a dwelling erected before April eighteenth,
nineteen hundred twenty-nine, if the owner establishes to
the satisfaction of the department that such service was not
furnished or required before such date.
4. No multiple dwelling shall be erected unless it is connected
with a street service water main.
5. No required sink shall be placed within any water-closet
compartment or within any bathroom containing a water-
closet.
Sec. 76. Water-closet and bath accommodations.
1. General requirements. This section shall apply to all
dwellings whenever erected or converted except as herein
provided.
a. No water-closet shall be installed, kept or maintained
in any yard, court or other open space, and every water-
closet or other receptacle to receive fecal matter,
urine or sewerage, located in any such yard, court or
other open space, shall be completely removed, and the
place where they were located shall be disinfected
under the direction of the department.
b. No water-closet shall be installed, kept or maintained
in a cellar or basement unless it is provided for
lawful cellar or basement living rooms, or is
supplementary to the required water-closet
accommodations.
c. No water-closet shall open directly into any kitchen or
kitchenette in a multiple dwelling erected after April
eighteenth, nineteen hundred twenty-nine.
d. Every water-closet compartment shall be at least two
feet four inches in clear width and, except in a
general toilet or bathroom, shall be enclosed with
partitions which shall extend from the floor to the
ceiling and which shall be plastered or tiled or
covered with similar materials approved by the
department.
e. The floor of every such compartment, bathroom or
general toilet room shall be made waterproof with
material approved by the department, and such
waterproofing material shall extend six inches or more
above the floor, except at doors.
f. The use of drip trays is unlawful.
g. No plumbing fixture or water-closet shall be enclosed
wholly or in part with woodwork.
h. Every water-closet compartment, bathroom and general or
public toilet room, and every other room containing one
or more water-closets or urinals, except as
specifically provided otherwise in this section, shall
have at least one window opening upon a street or
lawful court, yard or space above a setback. Every such
window shall be at least three square feet in area and
shall be made so that half its area can be readily
opened.
i. No window shall be required when each such compartment,
bathroom or general toilet room is located on the top
story or underneath the bottom of a lawful shaft or
court and is lighted and ventilated in either case by a
skylight the roof of which contains at least three
square feet of glazed surface and is arranged to be
readily opened.
j. In lieu of a required window or skylight, it shall be
lawful to install a system of ventilation, approved for
construction and arrangement by the department, for
water-closet compartments used for the business
portions of any dwelling or for compartments containing
water-closets, bathrooms or general toilet room in any
dwelling. Such system of ventilation shall be
maintained and operated continuously to provide at
least four changes per hour of the air volume of each
such water-closet compartment, bathroom or general
toilet room daily from seven o'clock in the morning
until seven o'clock at night in any business parts of
such dwelling and from six o'clock in the morning until
midnight in all parts used for dwelling purposes.
k. Every water-closet compartment or bathroom shall be
provided with electricity and fixtures to light the
same properly.
l. In a fireproof dwelling in which two or more rooms, all
of which open directly upon the same public hall, are
occupied exclusively by persons employed by the tenants
thereof, there shall be provided for the occupants of
such rooms and accessible therefrom directly or through
such public hall, at least one water-closet compartment
for the first four such rooms or fraction thereof and
at least one additional water-closet compartment for
each additional seven such rooms or fraction thereof,
and no further water-closet accommodations for such
rooms shall be required.
m. Water-closets may be placed together in a general
toilet room they are supplementary to required water-
closet accommodations or are solely for the use of
business portions of the dwelling.
n. Except as herein provided if any living rooms in a
fireproof dwelling open directly upon a public hall
without any intervening room, foyer or passage, or if
any provided suites of two living rooms in such a
dwelling open upon a foyer giving direct access to a
public hall, only one water-closet compartment shall be
required for every three such living rooms on each
story. Every such water-closet compartment shall be
accessible to one or more of said rooms without passage
through a public hall or any bedroom.
2. Class A dwellings.
a. Every apartment in a class A dwelling, except old-law
tenements, shall be provided with a water-closet which
shall be placed in a compartment completely separated
from any other water-closet.
b. Every apartment in a class A dwelling, except old-law
tenements, shall also contain a bath, which may be in a
separate compartment or together with the water-closet
in a bathroom. There shall be access to at least one
such compartment or bathroom from every bedroom without
passing through any other bedroom.
3. Class B dwellings.
a. The requirements of paragraph n, of subdivision one of
this section shall not apply to a fireproof class B
dwelling, every living room of which, except those used
only by employees employed exclusively in the
management and maintenance of such dwelling, has direct
access to a public hall without passing through any
other room, foyer or private hall and in which water-
closet accommodations are provided in accordance with
the provisions of this subdivision.
b. In such a fireproof dwelling there shall be on each
story upon which there is any living room at least two
water-closet compartments for the first twenty such
living rooms or fraction thereof and at least one
additional water-closet compartment for each additional
fifteen such living rooms or fraction thereof, and no
further water-closet accommodations for such rooms
shall be required.
c. There shall be on each story of such fireproof
dwelling, in addition to the water-closet
accommodations required in paragraph n of subdivision
one hereof, at least one water-closet compartment for
every fifteen living rooms or fraction thereof not
having access to a water-closet compartment without
passage through a public hall or bedroom, and every
such room shall have access to such a compartment
through a public hall. If two or more such compartments
be required on any story by the provisions of this
paragraph, they may be placed in a general toilet room.
d. For every urinal supplied on any story of such
fireproof dwelling on which seventeen rooms or more are
occupied exclusively by males, one water-closet
compartment less than the number otherwise required may
be provided on such story; except that the number of
water-closet compartments on such story may not be
reduced to less than three-quarters of the number
otherwise required.
e. The water-closet compartments on each story of such a
dwelling shall be accessible from every living room on
the story. Such compartments may be placed in one or
more general toilet rooms.
f. In a non-fireproof class B dwelling there shall be at
least one water-closet compartment and one wash basin
for every seven sleeping rooms and there need not be
more than that number except that there shall be at
least one on each story. At least one such water-closet
compartment and one wash basin on each story of such
dwelling shall be accessible from every living room on
the same story.
4. Converted dwellings.
a. Every apartment in a class A converted dwelling shall
be provided with a water-closet which shall be placed
in a compartment or bathroom within each apartment
completely separated from any other water-closet. Every
such apartment shall also contain a bath or shower and
a wash basin.
b. In every class B converted dwelling there shall be at
least one water-closet compartment on any floor
containing any room used for class B occupancy and at
least one bathroom or shower room and one wash basin
for every six persons and for any remainder of less
than six persons who may lawfully occupy any room or
rooms for class B occupancy.
c. Additional required water-closets and wash basins which
are installed in order to comply with the provisions of
this paragraph whether provided separately or in
combination, shall be in a compartment separate and
apart from every bath or shower required under the
provisions of paragraph b, and each such additional
required bath or shower shall be in a compartment
separate and apart from every water-closet and wash
basin required under the provisions of paragraph b,
except that any such additional required water-closet,
bath or shower or wash basin may be included in a
single compartment containing any or all of such
facilities, if such compartment is accessible only from
or only within a room, apartment or suite of rooms and
the occupant or occupants of such room, apartment or
suite are exclusively entitled to use all such
facilities contained in such compartment.
5. Old-law tenements.
In every old-law tenement there shall be provided for the
exclusive use of each family at least one water-closet
compartment located within the dwelling. Such compartment shall
be constructed and ventilated as approved by the department but
such compartment shall be located on the same story as that on
which the apartment occupied by each such family is situated and
shall be equipped with lock and key. The provisions of this
subdivision shall not apply (a) to any dwelling which the
department of city planning certifies is in an area to be
acquired for a public improvement and for which a request for
acquisition has been submitted to the board of estimate by a
public agency; or (b) to any dwelling in an area for which an
urban renewal plan has been submitted to the planning commission,
as provided in section five hundred five of the general municipal
law, if the planning commission shall certify that compliance
with the provisions of this subdivision would be inconsistent
with the plan; or (c) for which a demolition permit has been or
shall be issued by the municipality pursuant to local law or
ordinance. The exemption provided in (a), (b), and (c) of this
subdivision shall be valid for a period of six months after the
date of the acquisition request or the date of the submission of
the urban renewal plan to the commission or the date of the
issuance of the demolition permit as the case may be. Such
exemption may be extended from time to time by the department
provided, however, that such exemption shall not extend beyond
November first, nineteen hundred sixty-five.
6. Single room occupancy.
a. Every apartment used for single room occupancy shall
have at least one bath or shower, one wash-basin and
one water-closet for each six adult persons who may
lawfully occupy the rooms in such apartment as provided
in section two hundred forty-eight, and for any
remainder of less than six persons. If additional baths
or showers or water-closets are installed within an
apartment in order to comply with the provisions of
this paragraph each water-closet shall be in an
enclosure separate and apart from every bathroom or
shower room and each bath or shower shall be in an
enclosure separate and apart from every water-closet.
b. There shall be access to each required water-closet and
bathroom without passing through any sleeping room,
except that any water-closet, wash-basin or bathroom
which connects directly with any sleeping room shall be
deemed to be available only to the occupants of such
room and shall not be included in the computations for
the required number of water-closets and bathrooms.
7. Saving clause. No change need be made in the number,
construction, arrangement, lighting or ventilation of water-
closet compartments, bathrooms or general toilet rooms in
any portion of any dwelling if the number, construction,
arrangement, lighting or ventilation of such water-closet
compartments, bathrooms or general toilet rooms was lawful
on July first, nineteen hundred sixty-one.
Sec. 77. Plumbing and drainage.
1. In every multiple dwelling all liquid or water-borne waste
from plumbing fixtures shall be conveyed by a house drain
and house sewer to a street sewer or to a combined street
storm-water main and sewer, unless no such sewers are
available. It shall be unlawful to erect a multiple dwelling
which is to be occupied by five families or more unless a
connection is made with a street sewer or combined street
storm-water main and sewer.
2. For every multiple dwelling where neither kind of sewer is
available, provision shall be made for disposing of such
waste as may be required by local law.
3. All roofs, terraces, shafts, courts, areas and yards in
every multiple dwelling shall be properly graded, drained
and connected with a street storm-water main or combined
sewer and street storm-water main so that all storm water
may pass freely into it, except that where no street storm-
water main or combined sewer and street storm-water main
exists, the department may permit the storm water from such
areas and spaces to drain into a street gutter which leads
to a natural channel or water course, or into a dry well.
When required by the department, the shafts, courts, areas
and yards shall be properly concreted. Every roof shall be
so drained that all storm water shall be conveyed therefrom
in a manner that will prevent dripping to the ground or the
causing of dampness in walls, ceilings, yards, shafts or
areas. Nothing in this section shall be deemed to prevent
the turfing over of any yard or court space or the planting
of shrubs or trees therein when approved by the department.
4. The owner of every multiple dwelling or part thereof shall
thoroughly cleanse and keep clean at all times, and in good
repair, the entire plumbing and drainage system including
every water-closet, toilet and sink and every other plumbing
fixture therein.
5. Whenever the plumbing, sewerage or drainage of any multiple
dwelling or part thereof or of the lot on which it is
situated is in the opinion of the department in a condition
or in its effect dangerous to life or health, the department
may order or cause any such plumbing, sewerage or drainage
to be purified, cleansed, disinfected, removed, altered,
repaired or improved, or, as provided in section three
hundred nine, take such other action as it may deem
necessary to remove such danger to life or health.
Sec. 78. Repairs.
1. Every multiple dwelling, including its roof or roofs, and
every part thereof and the lot upon which it is situated,
shall be kept in good repair. The owner shall be responsible
for compliance with the provisions of this section; but the
tenant also shall be liable if a violation is caused by his
own wilful act, assistance or negligence or that of any
member of his family or household or his guest. Any such
persons who shall wilfully violate or assist in violating
any provision of this section shall also jointly and
severally be subject to the civil penalties provided in
section three hundred four.
2. Whenever, the light, ventilation, or any matter or thing in
or about a multiple dwelling or part thereof, or in or about
the lot on which it is situated, is in the opinion of the
department in a condition or in its effect dangerous to life
or health, the department may order or cause any such light,
ventilation, matter or thing to be repaired or improved or,
as provided in section three hundred nine, take such other
action as it may deem necessary to remove such danger to
life or health.
Sec. 79. Heating.
1. Every multiple dwelling exceeding two stories in height and
erected after April eighteenth, nineteen hundred twenty-
nine, and every garden-type maisonette dwelling project
erected after April eighteenth, nineteen hundred fifty-four,
shall be provided with heat. On and after November first,
nineteen hundred fifty-nine, every multiple dwelling shall
be provided with heat or the equipment or facilities
therefor. During the months between October first and May
thirty-first, such heat and the equipment or facilities
shall be sufficient to maintain the minimum temperatures
required by local law, ordinance, rule or regulation, in all
portions of the dwelling used or occupied for living
purposes provided, however, that such minimum temperatures
shall be as follows: (a) sixty-eight degrees Fahrenheit
during the hours between six o'clock in the morning and ten
o'clock in the evening, whenever the outdoor temperature
falls below fifty-five degrees Fahrenheit, notwithstanding
the provisions of paragraph a of subdivision four of section
three of this chapter, and (b) at least fifty-five degrees
Fahrenheit during the hours between ten o'clock in the
evening and six o'clock in the morning, whenever the outdoor
temperature falls below forty degrees Fahrenheit. Nothing in
this section shall be deemed to relieve any owner of the
duty of providing centrally supplied or other approved
source of heat prior to November first, nineteen hundred
fifty-nine in any case where such heat is required by this
chapter or any other law, ordinance, rule or regulation to
be supplied in a dwelling prior to said date. The heating
system in dwellings used for single room occupancy shall be
in conformity with the requirements of section two hundred
forty-eight.
2. The provisions of subdivision one shall not apply to any
dwelling (a) which is located in a resort community and is
rented or occupied on a seasonal basis between April
fifteenth and October fourteenth during any calendar year
and is not occupied for living purposes during the remainder
of such year, except that occupancy of any such dwelling by
the family of a caretaker thereof or by the family of the
owner thereof during the remainder of the year shall be
permitted; or (b) which the department of city planning
certifies is in an area to be acquired for a public
improvement or for development or redevelopment and for
which (1) a request for acquisition has been submitted to
the mayor by a public agency or (2) a plan for a development
or redevelopment project has received preliminary or first
approval of the city planning commission; or (c) for which a
demolition permit has been or shall be issued by the
municipality pursuant to local law or ordinance.
3. The exemption provided in subdivisions two (b) and two (c)
of this section shall be valid for a period of six months
after the date of the approval of the slum clearance or
urban renewal plan or the date of such certification or the
date of the issuance of the demolition permit, as the case
may be, but such exemption may be extended from time to time
by the department provided, however, that such exemption
shall not extend beyond November first, nineteen hundred
sixty-one.
Sec. 80. Cleanliness.
1. The owner shall keep all and every part of a multiple
dwelling, the lot on which it is situated, and the roofs,
yards, courts, passages, areas or alleys appurtenant
thereto, clean and free from vermin, dirt, filth, garbage or
other thing or matter dangerous to life or health.
2. The owner of every multiple dwelling or part thereof shall
thoroughly cleanse and keep clean at all times, to the
satisfaction of the department, every public or service part
thereof, including every room, passage, stair, floor,
window, door, wall, ceiling, water-closet or toilet
compartment, cesspool, drain, hall and cellar in such public
or service part.
3. All carpets and rugs which are permitted in any public part
of a multiple dwelling shall be taken up and cleaned by the
owner at least once a year or as much oftener as the
department shall deem necessary.
4. The interior surfaces of walls throughout every part of
every multiple dwelling, whether in public or in tenant-
occupied parts, shall be painted or papered and the ceilings
kalsomined or painted by the owner. The walls and ceilings
shall be rekalsomined, repapered or repainted by the owner
whenever necessary to keep the said surfaces in a sanitary
condition. No wall paper shall be placed upon such a wall or
ceiling surface unless all existing wall paper shall be
first removed therefrom and such wall or ceiling thoroughly
cleaned and repaired.
5. Any tenant shall be punishable as provided in section three
hundred four for the existence of conditions in violation of
the provisions of this chapter within his apartment to the
extent that such conditions are caused by him, by members of
his family or by his guests, and are under his control; but
this provision shall not be construed to relieve the owner
of any liability or duty under this section, except where a
violation is caused and continued solely by the tenant or
those under his control.
6. Every dwelling erected after January first, nineteen hundred
forty-seven, shall be so constructed as to be rat-proof. The
agency of a city authorized by law to make rules
supplemental to laws regulating construction, maintenance,
use and area of buildings shall have the power to make rules
and regulations to supplement the requirements of this
subdivision.
Sec. 81. Receptacles for waste matter.
1. The owner of every multiple dwelling shall provide proper
and suitable conveniences or receptacles for ashes, rubbish,
garbage, refuse and other waste matter and shall arrange for
the removal of such waste matter daily.
2. No person shall place ashes, garbage, rubbish, filth, urine
or fecal matter in any place in a multiple dwelling other
than the place provided therefor, or keep any such matter in
his apartment or upon his premises such length of time as to
create a nuisance as defined in section three hundred nine.
Sec. 82. Privacy.
In every apartment of three or more rooms in every class A
multiple dwelling erected after April eighteenth, nineteen
hundred twenty-nine, there shall be access to every living room
and bedroom without passing through any bedroom.
Sec. 83. Janitor or housekeeper.
Whenever there are thirteen or more families occupying any
multiple dwelling and the owner does not reside therein, there
shall be a janitor, housekeeper or some other person responsible
on behalf of the owner who shall reside in said dwelling, or
within a dwelling located within a distance of two hundred feet
from said dwelling, and have charge of such dwelling, except that
where two or three multiple dwellings are connected or adjoining,
one resident janitor shall be sufficient. In every garden-type
maisonette dwelling project erected after April eighteenth,
nineteen hundred fifty-four, adequate personnel shall be provided
for the lawful care and maintenance of such project.
Sec. 84. Construction standards for the control of noise.
On or before January first, nineteen hundred sixty-nine, the
department shall formulate, adopt, promulgate and thereafter from
time to time amend standards of sound retardation for the walls,
partitions and floors and ceilings between apartments and between
apartments and public spaces situated therein based on the direct
measurement of sound transmission loss determined in decibels for
various frequencies or in accordance with the ASTM sound
transmission class system or in accordance with such other
recognized method or system for measuring reduction of sound
transmission as the department may determine to be appropriate.
Any construction of a multiple dwelling commenced after January
first, nineteen hundred seventy shall comply with the standards
promulgated pursuant to this section in effect at the time of
commencement of such construction.
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