Multiple Dwelling Law

TITLE 1
FIRE PROTECTION

S 101. Requirements for fireproof construction. 1. Every such dwelling
exceeding six stories or seventy-five feet in height shall be fireproof.
No multiple dwelling shall be altered so as to exceed either of such
heights without being made fireproof.
2. In a fireproof multiple dwelling the walls, floors, roof, stairs
and public halls shall all be fireproof except as provided in
subdivision three. No beams, lintels or other structural members shall
be of wood. No wood or other inflammable material shall be used in any
of the partitions, furrings or ceilings. For the portion of a multiple
dwelling more than one hundred fifty feet above the curb level, no wood
shall be used except as provided in subdivision three and except for
interior trim of windows.
3. The foregoing requirements shall not be construed as prohibiting:
a. Elsewhere than within, or in the openings to, the public halls,
stairs and shafts, the use of wood for sleepers, grounds, nailing
blocks, underflooring, finish flooring, interior doors with their
assemblies and saddles, floor base not more than one foot in height,
picture and wall moulding, shelving, closet and kitchen fixtures,
cupboards, cabinets and wardrobes.
b. The use of wood for windows and for interior trim and finish backed
solidly against, or filled with, incombustible material when located not
more than one hundred fifty feet above the curb level and elsewhere than
within, or in the openings to, the public halls, stairs and shafts.
c. The use within apartments of wood for decorative wall panelling,
wainscoting, mantels or other interior finish, and the use in an
entrance hall of wall panelling or wainscoting made of fireproof wood or
other material capable of successfully withstanding standard fire tests
prescribed in the local building code and in a manner approved by the
department.
d. Where fireproof doors are required, the use for such doors, with
their assemblies and saddles, of material and construction capable of
successfully withstanding a one-hour standard fire test prescribed in
the local building code and in a manner approved by the department.
Should any door required to be fireproof be found to have deteriorated
so that it shall after installation fail to conform to the standard fire
tests prescribed, such door shall be removed by the owner and replaced
by him with a door capable of successfully withstanding such tests.
4. All materials combustible in their natural state which are
constructed, processed or protected so that they will not support
combustion shall, before being installed in a multiple dwelling for any
of the uses herein specified, be permanently identified by label or
marking with the name of the manufacturer and the year of manufacture in
a manner approved by the department.
5. When required to be fireproof, any outer wall or any wall or
partition which carries any load in addition to its own weight shall,
unless otherwise in this chapter expressly required, be constructed of
materials capable of successfully withstanding a four-hour standard fire
test prescribed in the local building code and in a manner approved by
the department. When required to be fireproof, any wall or partition
which carries only its own weight, other than an outer wall, shall be
constructed of materials capable of successfully withstanding a one-hour
standard fire test prescribed in the local building code and in a manner
approved by the department.

S 102. Stairs. 1. Except as otherwise specifically provided in
subdivisions three and four and in paragraphs b to j inclusive of
subdivision six, every multiple dwelling which exceeds two stories in
height shall have at least two fire-stairs. Such fire-stairs shall
extend from the entrance story to the roof and be equipped with
fireproof self-closing doors glazed with wire glass and without
transoms. No windows shall be required in such stairs, but any openings
in exterior walls, except any window openings facing a street or yard,
shall be equipped with fireproof frame and sash glazed with wire glass.
Entrances to such fire-stairs shall be at least fifteen feet distant
from each other and from the entrance to every other fire-stair or
fire-tower, except that the distance between two such entrances may be
less if they are on opposite sides of an elevator vestibule or other
public hall or are separated by an elevator shaft. The doors giving
access to such stairs shall not be held open by any device whatever.
2. Every such fire-stair shall have an entrance on the entrance story
from a street or an entrance at the side or rear of the dwelling from a
yard, court or passageway having continuous, safe and unobstructed
access to a street. Except as otherwise expressly provided in paragraphs
b to j inclusive of subdivision six, in a dwelling not exceeding one
hundred twenty-five feet in height every stair, fire-stair and
fire-tower shall be at least three feet in clear width, and where only
one fire-stair or fire-tower is required such fire-stair or fire-tower
shall be at least three feet eight inches in clear width. In a dwelling
exceeding one hundred twenty-five feet in height every required
fire-stair shall be at least three feet eight inches in clear width from
the entrance story up to a floor level not more than one hundred feet
below the ceiling of the highest story, and above such level every
fire-stair shall be at least three feet in clear width. Every stair
landing at every floor level shall be at least three feet eight inches
in clear width in every direction.
3. Except in dwellings erected under plans filed with the department
before April twenty-eighth, nineteen hundred thirty, and except as
otherwise provided in paragraphs b to j inclusive of subdivision six
there shall be horizontal access from every apartment to at least two
fire-stairs, at least one of which shall be within seventy-five feet
horizontally in the line of travel from a required means of egress from
such apartment.
4. Except as provided in paragraphs b, c and d of subdivision six, a
fire-tower may be substituted for any required fire-stair. When a
fire-tower is substituted for a fire-stair, such fire-tower shall comply
with all the applicable requirements for the fire-stair it replaces and
shall have its means of egress directly to a street or to a yard or
court having direct, unobstructed access to a street without passing
through any entrance hall; except that a fire-tower may have its means
of egress into a public vestibule if such means is not more than fifteen
feet from a street in the line of travel.
5. The stairs in a tower or dwelling containing a passenger elevator
and meeting the conditions of paragraphs f, g or h of subdivision six
may conform to the provisions of such paragraph and paragraph i of such
subdivision in lieu of the different provisions which would otherwise be
applicable thereto.
6. Under the special conditions described in paragraphs a to j
inclusive and in the following table, which applies only to class A
dwellings, stairs shall conform to the applicable provisions of such
paragraphs and table.
NOTE: TABLE FOUND IN CHAP. 234 OF THE LAWS OF 1964
a. Except as otherwise expressly provided in this paragraph and in
paragraphs b to j inclusive of subdivision six, if the number of living
rooms on any story above the entrance story exceeds forty, there shall
be an additional fire-stair for each twenty living rooms or fraction
thereof in excess of forty on any story above the entrance story. Such
an additional fire-stair shall not be required if the number of living
rooms on no story above the entrance story exceeds fifty and in addition
the clear width of one fire-stair is at least one and one-half times the
width specified for a fire-stair in subdivision two, the clear width of
every public hall connected with such fire-stair is at least one and
one-half times the width specified for a public hall in section one
hundred seven and the clear width of every entrance hall connected with
such fire-stair is at least one and one-half times the width specified
for an entrance hall in section fifty. Any additional fire-stair
constructed pursuant to this paragraph need not be carried to a greater
height than the level of a roof, or of a terrace formed by a setback,
above the highest story on which the number of rooms requires such
additional stair. When any fire-stair terminates at the level of a
setback of any outer wall, such setback shall form a terrace at least
four feet in depth measured between the inside of the parapet wall and
the wall of the dwelling and at least ten feet in length measured
parallel to the wall of the dwelling.
b. In a class A dwelling or section thereof not exceeding six stories
in height, for which plans shall have been filed in the department
before September first, nineteen hundred fifty-one, only one stair shall
be required, provided the number of apartments having access to such
stair on each story does not exceed six and the aggregate number of
living rooms in such apartments does not exceed twenty, except that the
total number of rooms above the first story shall not exceed one hundred
and the total number of apartments above the first story shall not
exceed thirty. Such stair shall in addition comply with all the
provisions of section one hundred forty-eight relating to stairs in
non-fireproof dwellings, except that in lieu of a window such stair may
have at each story an opening to a street or to a lawful yard or court
other than a court on a lot line. Such opening shall be at least forty
square feet in area and five feet in width, and shall be furnished with
a properly secured guard railing at least five feet in height and
approved by the department. Such opening shall be kept continuously
open to the outer air. No means of egress from any apartment to such
stair shall be more than twenty-five feet distant therefrom.
c. In a class A dwelling or section thereof not exceeding six stories
in height only one stair shall be required, provided the number of
living rooms on any story above the entrance story does not exceed
twenty. If the number of living rooms on any story or section thereof
above the entrance story exceeds twenty, there shall be an additional
stair for each twenty rooms or fraction thereof on any such floor or
section in excess of twenty, except that if the number of living rooms
on no such story or section above the entrance story exceeds thirty, in
lieu of an additional stair one stair and every public hall connected
therewith may be four feet six inches in clear width. Such stair shall
be completely separated from every other stair, fire-stair, fire-tower,
public hall and shaft by fireproof walls. Doors to stairs, fire-stairs
and fire-tower balconies from any public hall in such a dwelling or
section shall be at least three feet wide, self-closing and fireproof,
with their assemblies also fireproof. The panels of every such door
shall be glazed with clear wire glass and no pane thereof shall exceed
three hundred sixty square inches in area. Those portions of the
enclosure partition which separate the public hall from the stair shall
be glazed with wired plate glass at least one-quarter inch in thickness,
with no pane more than three hundred sixty square inches in area, so as
to provide so far as practicable an unobstructed view of the stair from
each public hall. Glass panels shall be at least twelve inches and not
more than sixteen inches above the floor of the public hall. Public
halls providing access to any such enclosed stair shall be lighted and
ventilated as prescribed for non-fireproof dwellings in section one
hundred forty-nine. No means of egress from any apartment to such a
stair shall be more than fifty feet distant therefrom.
d. In a class A dwelling or section thereof not exceeding six stories
in height only one stair shall be required, provided the number of
apartments having access to such stair at each story does not exceed
eight and the aggregate number of living rooms in such apartments does
not exceed twenty-five, except that the total number of living rooms
above the first story shall not exceed one hundred twenty-five and the
total number of apartments above the first story shall not exceed forty.
No means of egress from any apartment to such stair shall be more than
twenty-five feet distant therefrom. Doors and stair enclosures shall
conform to the provisions of paragraph c.
e. In a dwelling conforming to the provisions of paragraph b, c or d
the lowest story may be designated as a basement if such story is not
used for living purposes but is used solely for storage or other general
utility purposes accessory to the occupancy, use and management of the
dwelling. Such a basement shall not be deemed a story in computing the
height of the dwelling.
f. Every tower erected pursuant to plans on or after December
fifteenth, nineteen hundred sixty-one in a fireproof dwelling shall be
provided with at least one passenger elevator. Such elevator shall be
operated between the ground story and the highest story of such tower
containing any living room and horizontal access thereto shall be
provided at each story for every apartment in the tower. Stairs in such
a tower may comply with the following provisions of this paragraph in
lieu of the different provisions otherwise applicable. In such case
there shall be provided at least one fire-stair. If there are more than
fifteen living rooms on any story of the tower, there shall be an
additional fire-stair for each additional fifteen such rooms or fraction
thereof. Every fire-stair so required shall extend from the top story of
the tower to the entrance hall of the dwelling and be horizontally
accessible from each story of every apartment in the tower. If the tower
was erected under plans filed with the department on or after April
twenty-eighth, nineteen hundred thirty, it shall also have an additional
means of egress as provided in paragraph i of this subdivision.
g. In a dwelling in which one or more passenger elevators are operated
with horizontal access from every apartment in the dwelling and in which
every story has an area of not more than twenty-five hundred square feet
exclusive of elevator shafts, public halls, stairs and fire-stairs and
contains not more than fifteen living rooms, stairs may comply with the
provisions of this paragraph in lieu of the different provisions
otherwise applicable. In such case there shall be at least one
fire-stair, and there need not be more than one, accessible from each
apartment on each story and extending from the roof to the entrance
story with unobstructed access to a street. If the dwelling was erected
under plans filed with the department on or after April twenty-eighth,
nineteen hundred thirty, it shall also have an additional means of
egress as provided in paragraph i.
h. When a dwelling is divided into sections by unpierced fireproof
construction extending from the second tier of beams above the ground
story to the roof, and one or more passenger elevators are operated in
each such section with horizontal access from each apartment therein,
and every story of each such section above the entrance story contains
not more than ten living rooms where there are four or more apartments
on such story or not more than fifteen living rooms where there are
three apartments or less on such story, stairs may comply with the
provisions of this paragraph in lieu of the different provisions
otherwise applicable. In such case there shall be in each such section
at least one fire-stair, and there need not be more than one, extending
from the roof to the entrance story with unobstructed access to a
street. If the dwelling was erected under plans filed with the
department on or after April twenty-eighth, nineteen hundred thirty,
each such section shall also have an additional means of egress as
provided in paragraph i.
i. The main means of egress from every apartment in a tower or
dwelling erected pursuant to the provisions of paragraph f, g, or h
shall be within twenty-five feet of a fire-stair meeting the
requirements of such paragraph. If the tower or dwelling was erected
under plans filed with the department on or after April twenty-eight,
nineteen hundred thirty, egress shall also be provided, in addition to
the required fire-stairs, by means of another stair extending from the
main roof of the dwelling, or in the case of a tower from the highest
story thereof, to the entrance story, with unobstructed access to a
street. Such additional stair shall be horizontally accessible from each
apartment at each story through a vestibule or other public hall and
shall conform with all the requirements for a fire-stair except that its
clear width may be reduced to a minimum of twenty-eight inches, its
risers may be increased to a maximum of nine inches in height, and its
treads, exclusive of nosing, may be reduced to a minimum of eight inches
in width. No door giving access thereto shall swing into such stair.
j. A class B dwelling in which at least eighty per centum of the
living rooms above the second story open directly upon a public hall
without any intervening foyer or private hall, shall have at least two
fire-stairs accessible at each story from each room through a public
hall. Such fire-stairs shall be so located that at least one fire-stair
shall be not more than one hundred twenty-five feet along the line of
travel from the means of egress from any living room. Every such
fire-stair shall have a clear width of at least three feet eight inches.
Two such fire-stairs shall be deemed adequate for seventy living rooms
on any story. For each thirty-five living rooms or fraction thereof in
excess of seventy on any story there shall be one additional fire-stair;
except that if such fractional excess number of living rooms is not more
than twenty per centum of the total number of living rooms provided for
by the required two fire-stairs and one additional fire-stair for each
thirty-five living rooms, if any, in excess of seventy, in lieu of
another fire-stair for such fractional excess number of living rooms,
the area of every fire-stair landing at such story may be increased by
not less than two square feet for each living room of such fractional
excess number of living rooms. In every such dwelling each living room
which is occupied by three persons or more shall be counted as one
additional room for each four hundred cubic feet or fraction thereof in
excess of eight hundred cubic feet in the cubic content of such room.

S 103. Egress from apartments. 1. a. Except as provided in paragraph
b of this subdivision, there shall be at least one means of egress from
each apartment on each and every story of such apartment, and a second
means of egress if the first means is not within fifty feet of every
living room in such apartment on such story. When two means of egress
are required, they shall open from different rooms.
b. In any class A fireproof dwelling or section thereof erected under
plans filed in the department after September first, nineteen hundred
fifty-one, an apartment occupying parts of not more than two stories
shall have at least one means of egress. Such required means of egress
shall be not more than forty feet from any room within such apartment
and shall open directly upon a public hall. Such public hall shall
provide access to at least two fire-stairs. Any stair within an
apartment shall be at least two feet six inches in width and a terminus
shall be not more than twenty feet from the door which provides the
required egress to a public hall, provided, however, that such stair
within an apartment shall extend downwards or upwards to the story which
provides the required access to at least two fire-stairs. In the event
of but one such means of egress, and if the stair within the apartment
extends downwards to provide egress to a public hall, there shall be a
balcony upon the upper story of the apartment. If, however, such stair
extends upwards to provide egress to a public hall, the balcony shall be
located on the lower story of the apartment. Such balcony shall provide
access from the apartment to a room of an adjoining apartment on the
same story. Such balcony shall be constructed of incombustible material
and be capable of sustaining a load of at least eighty pounds per square
foot. Access to such balcony shall not be obstructed by sinks or kitchen
fixtures or in any other way, and shall be maintained unobstructed at
all times. Bars, gates, grilles or other obstructing devices on any
window or door giving access to or egress from such balcony shall be
unlawful.
2. Except as otherwise expressly provided in paragraph b of
subdivision six of section one hundred two for certain dwellings six
stories or less in height, at least one fire-stair shall be within
seventy-five feet of at least one means of egress from each apartment on
each story thereof.
3. When any such fire-stair serving any apartment as a required means
of egress from the dwelling opens on the entrance story of the dwelling
exclusively into an entrance hall, no other fire-stair serving the same
apartment as a required means of egress from the dwelling shall open on
such story exclusively into the same entrance hall. Any required
fire-stair not opening on such story exclusively into an entrance hall
shall open on a street or in a yard, court or passageway affording
continuous, safe and unobstructed access to a street; but any such
required fire-stair serving any apartment as a means of egress from the
dwelling may have a supplementary entrance into the same entrance hall
as that into which any other fire-stair serving the same apartment as a
required means of egress from the dwelling opens exclusively.
4. When any apartment occupies parts or all of three or more stories,
every stair within such apartment leading to the third or any higher
story of such apartment shall be enclosed with fireproof partitions with
a fireproof door and assembly with the door self-closing at the second
story landing of such stair and at every higher story landing from which
the stair continues upward within the apartment; or in lieu of such
fireproof partitions and doors at least two means of egress from such
apartment opening from different rooms shall be provided on the first,
third and alternate higher stories, if any, of such apartment.
5. No means of egress from any apartment shall open into any stair,
fire-stair or fire-tower required under the provisions of this section
except through a vestibule or public hall.

S 104. Bulkheads. 1. Every stair, fire-stair and fire-tower required
by this chapter to extend to the level of the roof or to any terrace
formed by a setback shall extend to and through a fireproof bulkhead or
other fireproof enclosure in such roof or terrace approved by the
department. Such bulkhead or enclosure shall give unobstructed access
at all times to such roof or terrace by means of a fireproof door and
door assembly with the door self-closing. Such a door shall never be
self-locking and shall be fastened on the inside by movable bolts, hooks
or a lock which does not require a key to open from the inside of the
dwelling. Stairs to a bulkhead or enclosure shall have a handrail. When
a dwelling has a pitched or sloping roof with a pitch or slope of more
than fifteen degrees, no bulkhead or stair leading thereto shall be
required.
2. The roof of any penthouse may for the purpose of this section be
deemed part of the main roof if unobstructed access be provided and
maintained between all required fire-stair landings on the main roof
adjoining such penthouse, on the roof of such penthouse and on the roof
of any other penthouse extending above such main roof. Such unobstructed
access, where horizontal, shall be by means of a passage at least three
feet in clear width. It may include one or more stairs necessary to
provide access from any penthouse roof to any main roof adjoining such
penthouse. Such stairs shall conform to all the requirements of section
fifty-three for stairways of fire-escapes. There shall be a passageway
at least four feet in clear width between such stairs and the parapet
wall or guard railing of the main roof.

S 105. Separation and ventilation of stairs. 1. In a dwelling in which
one or more passenger elevators are maintained and operated opening upon
a public hall at every story, all stairs, fire-stairs and fire-towers
shall be completely separated from one another and from every elevator
shaft by fireproof walls. They shall be constructed of fireproof
material throughout and shall contain no wood or other inflammable
material of any kind, except that handrails of hardwood may be provided.
2. Access to stairs, fire-stairs and fire-tower balconies from any
public vestibule or other public hall shall be through fireproof doors
and assemblies, with the doors self-closing and at least three feet
wide, or through pairs of such doors at least four feet wide, containing
in either case a fixed sash glazed with wire glass at least three
hundred sixty square inches in area.
3. Every stair hall shall be ventilated by a window, or by movable
louvres in the skylight having an opening of at least one hundred
forty-four square inches, or by an opening of at least one hundred
forty-four square inches near the top of the stair shaft and
communicating directly with the outer air. If a window is provided which
does not open upon a street or yard, it shall be fireproof and glazed
with wire glass of good quality and have no pane more than three hundred
sixty square inches in area.

S 106. Cellar and basement stairs. A cellar or basement stair may be
located inside the dwelling, but shall not be located underneath a stair
leading to the upper stories unless it is a basement stair leading
upward from a basement which is the main entrance story of the dwelling,
or unless it is a stair leading downward from the entrance story which
is separated by a fireproof arch from the stair leading upward from the
entrance story. Except as otherwise provided in subdivision five of
section fifty-two, all inside cellar or basement stairs shall be
entirely enclosed with fireproof walls and be provided with fireproof
doors and assemblies, with the doors self-closing, at all openings.

S 107. Public halls. 1. Every public vestibule or other public hall
shall comply either with the provisions of section one hundred
forty-nine for non-fireproof multiple dwellings, so far as applicable,
or with the provisions of subdivision two of this section, except that
the provisions as to ventilation shall not apply to any part of an
entrance hall within sixty feet in a straight line from an entrance
door.
2. If such a dwelling does not comply with the applicable provisions
of section one hundred forty-nine, it shall comply with all of the
following:
a. Every public vestibule or hall shall be everywhere at least three
feet eight inches in clear width.
b. Every such public vestibule or hall shall be separated from all
other parts of the dwelling by fireproof walls.
c. All openings from such a public vestibule or hall to stairs,
fire-stairs, fire-tower balconies, shafts, apartments or suites of rooms
shall be protected by fireproof doors and assemblies, with the doors
self-closing, except that such doors and assemblies shall not be
required in any fireproof class B multiple dwelling for any apartment
consisting of one room opening directly upon a public hall or for any
apartment of three rooms or less in a college or school dormitory.
d. Such a public vestibule or hall shall not be required to have a
window, but if it does not have a window opening to the outer air it
shall be equipped for artificial lighting and be properly lighted at all
times.
e. Except for that part of an entrance hall within sixty feet in a
straight line from an entrance door such a public vestibule or hall
without a window to the outer air shall be ventilated to the outer air
by means of gravity vent flues at least twelve inches in each dimension
or by mechanical means approved by the department. There shall be at
least one vent flue opening of at least twelve inches in each dimension
for each one thousand cubic feet of air content of such public vestibule
or hall. Such vent flues shall be continuous for the height of the
dwelling and the openings at each story shall be equipped with fire
dampers held open by a fusible link at each opening and properly hooded
or provided with louvres at the top above the roof.
f. If a window to the outer air is provided in any such public
vestibule or hall, such vestibule or hall shall nevertheless be
ventilated as provided in paragraph e, except that if such a window has
a glazed area of at least twelve square feet and at least one tenth of
the superficial floor area of the vestibule or hall, readily accessible
to the outer air to the extent of at least five and one-half square feet
of its area, no vent flues need be provided within a distance of forty
feet from each side of such window.
3. The requirements of this section as to ventilation shall apply to
all parts of an entrance hall more than sixty feet distant in a straight
line from an entrance door, to all returns or recesses that lead to
elevators and extend farther from the hall which they adjoin than four
times their width, and to all other returns or recesses from entrance
halls that extend farther than their width.
4. Any part of a public hall that is shut off from any other part of
such hall by a door or doors shall be deemed a separate hall.

S 108. Partitions. All partitions shall rest directly upon the
fireproof floor construction and never upon any wood flooring, and shall
extend to the fireproof construction of the floor or roof above.