Section
25. Application of Article Three
TITLE 1 - LIGHT AND AIR
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
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
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
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 HousekeeperTITLE 1 - LIGHT AND AIR
Sec. 26. Height, Bulk, Open Spaces
1. Dwellings effected
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 storagec. "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 coverage10,500 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 ........................... 413. 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. 50a. 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. 50c. 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. 51a. 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. 51b. 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. 51c. 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 mo