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NEW YORK STATE
MULTIPLE DWELLING LAW
Chapter 713 of the Laws of 1929, as amended
ARTICLE 4
FIREPROOF MULTIPLE DWELLINGS
Section 100. Application of article four.
TITLE 1
FIRE PROTECTION
Section 101. Requirements for fireproof
construction.
102. Stairs.
103. Egress from apartments.
104. Bulkheads.
105. Separation and ventilation of
stairs.
106. Cellar and basement stairs.
107. Public halls.
108. Partitions.
TITLE 2
SANITATION
Section 115. Interior water-closets and
bathrooms.
116. Water-closets in certain class
B multiple dwellings.
117. Employees' water-closets.
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Sec. 100. Application of article four.
The provisions of this article shall apply to fireproof multiple
dwellings erected after April eighteenth, nineteen hundred twenty-
nine, and to such dwellings only. They shall apply to all such
fireproof dwellings unless their application is expressly limited
to dwellings of a particular class. They shall apply in addition
to, and not in substitution for, the provisions of article three.
TITLE 1
FIRE PROTECTION
Sec. 101. Requirements for fireproof construction.
1. Every such dwelling exceeding six stories or seventy-five
feet in height shall be fireproof. No multiple dwelling
shall be altered so as to exceed either of such heights
without being made fireproof.
2. In a fireproof multiple dwelling the walls, floors, roof,
stairs and public halls shall all be fireproof except as
provided in subdivision three. No beams, lintels or other
structural members shall be of wood. No wood or other
inflammable material shall be used in any of the partitions,
furrings or ceilings. For the portion of a multiple dwelling
more than one hundred fifty feet above the curb level, no
wood shall be used except as provided in subdivision three
and except for interior trim of windows.
3. The foregoing requirements shall not be construed as
prohibiting:
a. Elsewhere than within, or in the openings to, the
public halls, stairs and shafts, the use of wood for
sleepers, grounds, nailing blocks, underflooring,
finish flooring, interior doors with their assemblies
and saddles, floor base not more than one foot in
height, picture and wall moulding, shelving, closet and
kitchen fixtures, cupboards, cabinets and wardrobes.
b. The use of wood for windows and for interior trim and
finish backed solidly against, or filled with,
incombustible material when located not more than one
hundred fifty feet above the curb level and elsewhere
than within, or in the openings to, the public halls,
stairs and shafts.
c. The use within apartments of wood for decorative wall
paneling, wainscoting, mantels or other interior
finish, and the use in an entrance hall of wall
paneling or wainscoting made of fireproof wood or other
material capable of successfully withstanding standard
fire tests prescribed in the local building code and in
a manner approved by the department.
d. Where fireproof doors are required, the use for such
doors, with their assemblies and saddles, of material
and construction capable of successfully withstanding a
one-hour standard fire test prescribed in the local
building code and in a manner approved by the
department. Should any door required to be fireproof be
found to have deteriorated so that it shall after
installation fail to conform to the standard fire tests
prescribed, such door shall be removed by the owner and
replaced by him with a door capable of successfully
withstanding such tests.
4. All materials combustible in their natural state which are
constructed, processed or protected so that they will not
support combustion shall, before being installed in a
multiple dwelling for any of the uses herein specified, be
permanently identified by label or marking with the name of
the manufacturer and the year of manufacture in a manner
approved by the department.
5. When required to be fireproof, any outer wall or any wall or
partition which carries any load in addition to its own
weight shall, unless otherwise in this chapter expressly
required, be constructed of materials capable of
successfully withstanding a four-hour standard fire test
prescribed in the local building code and in a manner
approved by the department. When required to be fireproof,
any wall or partition which carries only its own weight,
other than an outer wall, shall be constructed of materials
capable of successfully withstanding a one-hour standard
fire test prescribed in the local building code and in a
manner approved by the department.
Sec. 102. Stairs.
1. Except as otherwise specifically provided in subdivisions
three and four and in paragraphs b to j inclusive of
subdivision six, every multiple dwelling which exceeds two
stories in height shall have at least two fire-stairs. Such
fire-stairs shall extend from the entrance story to the roof
and be equipped with fireproof self-closing doors glazed
with wire glass and without transoms. No windows shall be
required in such stairs, but any openings in exterior walls,
except any window openings facing a street or yard, shall be
equipped with fireproof frame and sash glazed with wire
glass. Entrances to such fire-stairs shall be at least
fifteen feet distant from each other and from the entrance
to every other fire-stair or fire-tower, except that the
distance between two such entrances may be less if they are
on opposite sides of an elevator vestibule or other public
hall or are separated by an elevator shaft. The doors giving
access to such stairs shall not be held open by any device
whatever.
2. Every such fire-stair shall have an entrance on the entrance
story from a street or an entrance at the side or rear of
the dwelling from a yard, court or passageway having
continuous, safe and unobstructed access to a street. Except
as otherwise expressly provided in paragraphs b to j
inclusive of subdivision six, in a dwelling not exceeding
one hundred twenty-five feet in height every stair, fire-
stair and fire-tower shall be at least three feet in clear
width, and where only one fire-stair or fire-tower is
required such fire-stair or fire-tower shall be at least
three feet eight inches in clear width. In a dwelling
exceeding one hundred twenty-five feet in height every
required fire-stair shall be at least three feet eight
inches in clear width from the entrance story up to a floor
level not more than one hundred feet below the ceiling of
the highest story, and above such level every fire-stair
shall be at least three feet in clear width. Every stair
landing at every floor level shall be at least three feet
eight inches in clear width in every direction.
3. Except in dwellings erected under plans filed with the
department before April twenty-eighth, nineteen hundred
thirty, and except as otherwise provided in paragraphs b to
j inclusive of subdivision six there shall be horizontal
access from every apartment to at least two fire-stairs, at
least one of which shall be within seventy-five feet
horizontally in the line of travel from a required means of
egress from such apartment.
4. Except as provided in paragraphs b, c and d of subdivision
six, a fire-tower may be substituted for any required fire-
stair. When a fire-tower is substituted for a fire-stair,
such fire-tower shall comply with all the applicable
requirements for the fire-stair it replaces and shall have
its means of egress directly to a street or to a yard or
court having direct, unobstructed access to a street without
passing through any entrance hall; except that a fire-tower
may have its means of egress into a public vestibule if such
means is not more than fifteen feet from a street in the
line of travel.
5. The stairs in a tower or dwelling containing a passenger
elevator and meeting the conditions of paragraphs f, g or h
of subdivision six may conform to the provisions of such
paragraph and paragraph i of such subdivision in lieu of the
different provisions which would otherwise be applicable
thereto.
6. Under the special conditions described in paragraphs a to j
inclusive and in the following table, which applies only to
class A dwellings, stairs shall conform to the applicable
provisions of such paragraphs and table.
NOTE: TABLE FOUND IN CHAP. 234 OF THE LAWS OF 1964
a. Except as otherwise expressly provided in this
paragraph and in paragraphs b to j inclusive of
subdivision six, if the number of living rooms on any
story above the entrance story exceeds forty, there
shall be an additional fire-stair for each twenty
living rooms or fraction thereof in excess of forty on
any story above the entrance story. Such an additional
fire-stair shall not be required if the number of
living rooms on no story above the entrance story
exceeds fifty and in addition the clear width of one
fire-stair is at least one and one-half times the width
specified for a fire-stair in subdivision two, the
clear width of every public hall connected with such
fire-stair is at least one and one-half times the width
specified for a public hall in section one hundred
seven and the clear width of every entrance hall
connected with such fire-stair is at least one and one-
half times the width specified for an entrance hall in
section fifty. Any additional fire-stair constructed
pursuant to this paragraph need not be carried to a
greater height than the level of a roof, or of a
terrace formed by a setback, above the highest story on
which the number of rooms requires such additional
stair. When any fire-stair terminates at the level of a
setback of any outer wall, such setback shall form a
terrace at least four feet in depth measured between
the inside of the parapet wall and the wall of the
dwelling and at least ten feet in length measured
parallel to the wall of the dwelling.
b. In a class A dwelling or section thereof not exceeding
six stories in height, for which plans shall have been
filed in the department before September first,
nineteen hundred fifty-one, only one stair shall be
required, provided the number of apartments having
access to such stair on each story does not exceed six
and the aggregate number of living rooms in such
apartments does not exceed twenty, except that the
total number of rooms above the first story shall not
exceed one hundred and the total number of apartments
above the first story shall not exceed thirty. Such
stair shall in addition comply with all the provisions
of section one hundred forty-eight relating to stairs
in non-fireproof dwellings, except that in lieu of a
window such stair may have at each story an opening to
a street or to a lawful yard or court other than a
court on a lot line. Such opening shall be at least
forty square feet in area and five feet in width, and
shall be furnished with a properly secured guard
railing at least five feet in height and approved by
the department. Such opening shall be kept continuously
open to the outer air. No means of egress from any
apartment to such stair shall be more than twenty-five
feet distant therefrom.
c. In a class A dwelling or section thereof not exceeding
six stories in height only one stair shall be required,
provided the number of living rooms on any story above
the entrance story does not exceed twenty. If the
number of living rooms on any story or section thereof
above the entrance story exceeds twenty, there shall be
an additional stair for each twenty rooms or fraction
thereof on any such floor or section in excess of
twenty, except that if the number of living rooms on no
such story or section above the entrance story exceeds
thirty, in lieu of an additional stair one stair and
every public hall connected therewith may be four feet
six inches in clear width. Such stair shall be
completely separated from every other stair, fire-
stair, fire-tower, public hall and shaft by fireproof
walls. Doors to stairs, fire-stairs and fire-tower
balconies from any public hall in such a dwelling or
section shall be at least three feet wide, self-closing
and fireproof, with their assemblies also fireproof.
The panels of every such door shall be glazed with
clear wire glass and no pane thereof shall exceed three
hundred sixty square inches in area. Those portions of
the enclosure partition which separate the public hall
from the stair shall be glazed with wired plate glass
at least one-quarter inch in thickness, with no pane
more than three hundred sixty square inches in area, so
as to provide so far as practicable an unobstructed
view of the stair from each public hall. Glass panels
shall be at least twelve inches and not more than
sixteen inches above the floor of the public hall.
Public halls providing access to any such enclosed
stair shall be lighted and ventilated as prescribed for
non-fireproof dwellings in section one hundred forty-
nine. No means of egress from any apartment to such a
stair shall be more than fifty feet distant therefrom.
d. In a class A dwelling or section thereof not exceeding
six stories in height only one stair shall be required,
provided the number of apartments having access to such
stair at each story does not exceed eight and the
aggregate number of living rooms in such apartments
does not exceed twenty-five, except that the total
number of living rooms above the first story shall not
exceed one hundred twenty-five and the total number of
apartments above the first story shall not exceed
forty. No means of egress from any apartment to such
stair shall be more than twenty-five feet distant
therefrom. Doors and stair enclosures shall conform to
the provisions of paragraph c.
e. In a dwelling conforming to the provisions of paragraph
b, c or d the lowest story may be designated as a
basement if such story is not used for living purposes
but is used solely for storage or other general utility
purposes accessory to the occupancy, use and management
of the dwelling. Such a basement shall not be deemed a
story in computing the height of the dwelling.
f. Every tower erected pursuant to plans on or after
December fifteenth, nineteen hundred sixty-one in a
fireproof dwelling shall be provided with at least one
passenger elevator. Such elevator shall be operated
between the ground story and the highest story of such
tower containing any living room and horizontal access
thereto shall be provided at each story for every
apartment in the tower. Stairs in such a tower may
comply with the following provisions of this paragraph
in lieu of the different provisions otherwise
applicable. In such case there shall be provided at
least one fire-stair. If there are more than fifteen
living rooms on any story of the tower, there shall be
an additional fire-stair for each additional fifteen
such rooms or fraction thereof. Every fire-stair so
required shall extend from the top story of the tower
to the entrance hall of the dwelling and be
horizontally accessible from each story of every
apartment in the tower. If the tower was erected under
plans filed with the department on or after April
twenty-eighth, nineteen hundred thirty, it shall also
have an additional means of egress as provided in
paragraph i of this subdivision.
g. In a dwelling in which one or more passenger elevators
are operated with horizontal access from every
apartment in the dwelling and in which every story has
an area of not more than twenty-five hundred square
feet exclusive of elevator shafts, public halls, stairs
and fire-stairs and contains not more than fifteen
living rooms, stairs may comply with the provisions of
this paragraph in lieu of the different provisions
otherwise applicable. In such case there shall be at
least one fire-stair, and there need not be more than
one, accessible from each apartment on each story and
extending from the roof to the entrance story with
unobstructed access to a street. If the dwelling was
erected under plans filed with the department on or
after April twenty-eighth, nineteen hundred thirty, it
shall also have an additional means of egress as
provided in paragraph i.
h. When a dwelling is divided into sections by unpierced
fireproof construction extending from the second tier
of beams above the ground story to the roof, and one or
more passenger elevators are operated in each such
section with horizontal access from each apartment
therein, and every story of each such section above the
entrance story contains not more than ten living rooms
where there are four or more apartments on such story
or not more than fifteen living rooms where there are
three apartments or less on such story, stairs may
comply with the provisions of this paragraph in lieu of
the different provisions otherwise applicable. In such
case there shall be in each such section at least one
fire-stair, and there need not be more than one,
extending from the roof to the entrance story with
unobstructed access to a street. If the dwelling was
erected under plans filed with the department on or
after April twenty-eighth, nineteen hundred thirty,
each such section shall also have an additional means
of egress as provided in paragraph i.
i. The main means of egress from every apartment in a
tower or dwelling erected pursuant to the provisions of
paragraph f, g, or h shall be within twenty-five feet
of a fire-stair meeting the requirements of such
paragraph. If the tower or dwelling was erected under
plans filed with the department on or after April
twenty-eight, nineteen hundred thirty, egress shall
also be provided, in addition to the required fire-
stairs, by means of another stair extending from the
main roof of the dwelling, or in the case of a tower
from the highest story thereof, to the entrance story,
with unobstructed access to a street. Such additional
stair shall be horizontally accessible from each
apartment at each story through a vestibule or other
public hall and shall conform with all the requirements
for a fire-stair except that its clear width may be
reduced to a minimum of twenty-eight inches, its risers
may be increased to a maximum of nine inches in height,
and its treads, exclusive of nosing, may be reduced to
a minimum of eight inches in width. No door giving
access thereto shall swing into such stair.
j. A class B dwelling in which at least eighty per centum
of the living rooms above the second story open
directly upon a public hall without any intervening
foyer or private hall, shall have at least two fire-
stairs accessible at each story from each room through
a public hall. Such fire-stairs shall be so located
that at least one fire-stair shall be not more than one
hundred twenty-five feet along the line of travel from
the means of egress from any living room. Every such
fire-stair shall have a clear width of at least three
feet eight inches. Two such fire-stairs shall be deemed
adequate for seventy living rooms on any story. For
each thirty-five living rooms or fraction thereof in
excess of seventy on any story there shall be one
additional fire-stair; except that if such fractional
excess number of living rooms is not more than twenty
per centum of the total number of living rooms provided
for by the required two fire-stairs and one additional
fire-stair for each thirty-five living rooms, if any,
in excess of seventy, in lieu of another fire-stair for
such fractional excess number of living rooms, the area
of every fire-stair landing at such story may be
increased by not less than two square feet for each
living room of such fractional excess number of living
rooms. In every such dwelling each living room which is
occupied by three persons or more shall be counted as
one additional room for each four hundred cubic feet or
fraction thereof in excess of eight hundred cubic feet
in the cubic content of such room.
Sec. 103. Egress from apartments.
1. a. Except as provided in paragraph b of this
subdivision, there shall be at least one means of
egress from each apartment on each and every story of
such apartment, and a second means of egress if the
first means is not within fifty feet of every living
room in such apartment on such story. When two means of
egress are required, they shall open from different
rooms.
b. In any class A fireproof dwelling or section thereof
erected under plans filed in the department after
September first, nineteen hundred fifty-one, an
apartment occupying parts of not more than two stories
shall have at least one means of egress. Such required
means of egress shall be not more than forty feet from
any room within such apartment and shall open directly
upon a public hall. Such public hall shall provide
access to at least two fire-stairs. Any stair within an
apartment shall be at least two feet six inches in
width and a terminus shall be not more than twenty feet
from the door which provides the required egress to a
public hall, provided, however, that such stair within
an apartment shall extend downwards or upwards to the
story which provides the required access to at least
two fire-stairs. In the event of but one such means of
egress, and if the stair within the apartment extends
downwards to provide egress to a public hall, there
shall be a balcony upon the upper story of the
apartment. If, however, such stair extends upwards to
provide egress to a public hall, the balcony shall be
located on the lower story of the apartment. Such
balcony shall provide access from the apartment to a
room of an adjoining apartment on the same story. Such
balcony shall be constructed of incombustible material
and be capable of sustaining a load of at least eighty
pounds per square foot. Access to such balcony shall
not be obstructed by sinks or kitchen fixtures or in
any other way, and shall be maintained unobstructed at
all times. Bars, gates, grilles or other obstructing
devices on any window or door giving access to or
egress from such balcony shall be unlawful.
2. Except as otherwise expressly provided in paragraph b of
subdivision six of section one hundred two for certain
dwellings six stories or less in height, at least one fire-
stair shall be within seventy-five feet of at least one
means of egress from each apartment on each story thereof.
3. When any such fire-stair serving any apartment as a required
means of egress from the dwelling opens on the entrance
story of the dwelling exclusively into an entrance hall, no
other fire-stair serving the same apartment as a required
means of egress from the dwelling shall open on such story
exclusively into the same entrance hall. Any required fire-
stair not opening on such story exclusively into an entrance
hall shall open on a street or in a yard, court or
passageway affording continuous, safe and unobstructed
access to a street; but any such required fire-stair serving
any apartment as a means of egress from the dwelling may
have a supplementary entrance into the same entrance hall as
that into which any other fire-stair serving the same
apartment as a required means of egress from the dwelling
opens exclusively.
4. When any apartment occupies parts or all of three or more
stories, every stair within such apartment leading to the
third or any higher story of such apartment shall be
enclosed with fireproof partitions with a fireproof door and
assembly with the door self-closing at the second story
landing of such stair and at every higher story landing from
which the stair continues upward within the apartment; or in
lieu of such fireproof partitions and doors at least two
means of egress from such apartment opening from different
rooms shall be provided on the first, third and alternate
higher stories, if any, of such apartment.
5. No means of egress from any apartment shall open into any
stair, fire-stair or fire-tower required under the
provisions of this section except through a vestibule or
public hall.
Sec. 104. Bulkheads.
1. Every stair, fire-stair and fire-tower required by this
chapter to extend to the level of the roof or to any terrace
formed by a setback shall extend to and through a fireproof
bulkhead or other fireproof enclosure in such roof or
terrace approved by the department. Such bulkhead or
enclosure shall give unobstructed access at all times to
such roof or terrace by means of a fireproof door and door
assembly with the door self-closing. Such a door shall never
be self-locking and shall be fastened on the inside by
movable bolts, hooks or a lock which does not require a key
to open from the inside of the dwelling. Stairs to a
bulkhead or enclosure shall have a handrail. When a dwelling
has a pitched or sloping roof with a pitch or slope of more
than fifteen degrees, no bulkhead or stair leading thereto
shall be required.
2. The roof of any penthouse may for the purpose of this
section be deemed part of the main roof if unobstructed
access be provided and maintained between all required fire-
stair landings on the main roof adjoining such penthouse, on
the roof of such penthouse and on the roof of any other
penthouse extending above such main roof. Such unobstructed
access, where horizontal, shall be by means of a passage at
least three feet in clear width. It may include one or more
stairs necessary to provide access from any penthouse roof
to any main roof adjoining such penthouse. Such stairs shall
conform to all the requirements of section fifty-three for
stairways of fire-escapes. There shall be a passageway at
least four feet in clear width between such stairs and the
parapet wall or guard railing of the main roof.
Sec. 105. Separation and ventilation of stairs.
1. In a dwelling in which one or more passenger elevators are
maintained and operated opening upon a public hall at every
story, all stairs, fire-stairs and fire-towers shall be
completely separated from one another and from every
elevator shaft by fireproof walls. They shall be constructed
of fireproof material throughout and shall contain no wood
or other inflammable material of any kind, except that
handrails of hardwood may be provided.
2. Access to stairs, fire-stairs and fire-tower balconies from
any public vestibule or other public hall shall be through
fireproof doors and assemblies, with the doors self-closing
and at least three feet wide, or through pairs of such doors
at least four feet wide, containing in either case a fixed
sash glazed with wire glass at least three hundred sixty
square inches in area.
3. Every stair hall shall be ventilated by a window, or by
movable louvres in the skylight having an opening of at
least one hundred forty-four square inches, or by an opening
of at least one hundred forty-four square inches near the
top of the stair shaft and communicating directly with the
outer air. If a window is provided which does not open upon
a street or yard, it shall be fireproof and glazed with wire
glass of good quality and have no pane more than three
hundred sixty square inches in area.
Sec. 106. Cellar and basement stairs.
A cellar or basement stair may be located inside the dwelling,
but shall not be located underneath a stair leading to the upper
stories unless it is a basement stair leading upward from a
basement which is the main entrance story of the dwelling, or
unless it is a stair leading downward from the entrance story
which is separated by a fireproof arch from the stair leading
upward from the entrance story. Except as otherwise provided in
subdivision five of section fifty-two, all inside cellar or
basement stairs shall be entirely enclosed with fireproof walls
and be provided with fireproof doors and assemblies, with the
doors self-closing, at all openings.
Sec. 107. Public halls.
1. Every public vestibule or other public hall shall comply
either with the provisions of section one hundred forty-nine
for non-fireproof multiple dwellings, so far as applicable,
or with the provisions of subdivision two of this section,
except that the provisions as to ventilation shall not apply
to any part of an entrance hall within sixty feet in a
straight line from an entrance door.
2. If such a dwelling does not comply with the applicable
provisions of section one hundred forty-nine, it shall
comply with all of the following:
a. Every public vestibule or hall shall be everywhere at
least three feet eight inches in clear width.
b. Every such public vestibule or hall shall be separated
from all other parts of the dwelling by fireproof
walls.
c. All openings from such a public vestibule or hall to
stairs, fire-stairs, fire-tower balconies, shafts,
apartments or suites of rooms shall be protected by
fireproof doors and assemblies, with the doors self-
closing, except that such doors and assemblies shall
not be required in any fireproof class B multiple
dwelling for any apartment consisting of one room
opening directly upon a public hall or for any
apartment of three rooms or less in a college or school
dormitory.
d. Such a public vestibule or hall shall not be required
to have a window, but if it does not have a window
opening to the outer air it shall be equipped for
artificial lighting and be properly lighted at all
times.
e. Except for that part of an entrance hall within sixty
feet in a straight line from an entrance door such a
public vestibule or hall without a window to the outer
air shall be ventilated to the outer air by means of
gravity vent flues at least twelve inches in each
dimension or by mechanical means approved by the
department. There shall be at least one vent flue
opening of at least twelve inches in each dimension for
each one thousand cubic feet of air content of such
public vestibule or hall. Such vent flues shall be
continuous for the height of the dwelling and the
openings at each story shall be equipped with fire
dampers held open by a fusible link at each opening and
properly hooded or provided with louvres at the top
above the roof.
f. If a window to the outer air is provided in any such
public vestibule or hall, such vestibule or hall shall
nevertheless be ventilated as provided in paragraph e,
except that if such a window has a glazed area of at
least twelve square feet and at least one tenth of the
superficial floor area of the vestibule or hall,
readily accessible to the outer air to the extent of at
least five and one-half square feet of its area, no
vent flues need be provided within a distance of forty
feet from each side of such window.
3. The requirements of this section as to ventilation shall
apply to all parts of an entrance hall more than sixty feet
distant in a straight line from an entrance door, to all
returns or recesses that lead to elevators and extend
farther from the hall which they adjoin than four times
their width, and to all other returns or recesses from
entrance halls that extend farther than their width.
4. Any part of a public hall that is shut off from any other
part of such hall by a door or doors shall be deemed a
separate hall.
Sec. 108. Partitions.
All partitions shall rest directly upon the fireproof floor
construction and never upon any wood flooring, and shall extend
to the fireproof construction of the floor or roof above.
TITLE 2
SANITATION
Sec. 115. Interior water-closets and bathrooms.
Interior water-closet compartments and bathrooms contained in
fireproof multiple dwellings shall comply with the applicable
provisions of section seventy-six.
Sec. 116. Water-closets in certain class B multiple dwellings.
Water-closets contained in certain class B multiple dwellings
shall comply with the applicable provisions of section seventy-
six.
Sec. 117. Employees' water-closets.
Water-closet compartments provided for domestic servants of
tenants in multiple dwellings shall comply with the applicable
provisions of section seventy-six.
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