Multiple Dwelling Law

TITLE 2
FIRE PROTECTION

S 185. Cellar ceilings. 1. Except as provided in paragraph g of
subdivision three of section one hundred seventy-one, the ceiling of the
cellar, or of the lowest story if there be no cellar, shall be
fire-retarded unless such dwelling is three stories or less in height
and the ceiling has already been plastered in a manner satisfactory to
the department.
2. In lieu of the requirements set forth in subdivision 1. hereof,
buildings existing November first, nineteen hundred forty-nine, in
cities having a population between five hundred thousand and one million
having three stories or less in height and containing no more than six
families or eight roomers or lodgers, with no human occupancy in the
cellar or basement may comply by:
I. providing two means of egress to any area of the third floor used
for human occupancy; and
II. providing approved safety controls on all fuel burning devices in
basement or cellar; and
III. fire-stopping of all openings in cellar or basement ceiling or
openings leading to the floors above from cellar or basement such as,
but not limited to, stud channels, openings around conduits, soil and
water pipes, ducts, pipe chases, and by complying with either IV or V
hereof;
IV. providing an approved sprinkler system throughout entire cellar or
basement area; or
V. a. providing fire-retarded ceilings at the first floor level; and
b. providing sprinkler head or heads above each hot water heater,
furnace and all other fuel burning devices in basement or cellar; and
c. fire-stopping all the interior entrances to any area of the third
floor used for human occupancy at the second floor level with
fire-retarded partitions, or equal construction, and a fire-retarded
self-closing door and assembly.

S 186. Extension roofs. The under-surface of the roof of any extension
shall be fire-retarded or sprinklered unless such ceiling has already
been plastered in a manner satisfactory to the department.

S 187. Egress. 1. Except as provided in paragraph g of subdivision
three of section one hundred seventy-one, egress from every apartment on
each story shall be provided as follows:
a. If a dwelling is two stories or less in height, or if it is three
stories including a basement in height and conforms to the conditions of
subdivision four of section one hundred seventy-seven, a single means of
egress from each story to the street shall be sufficient.
b. Every other dwelling shall have either two independent means of
egress or one means of egress equipped with a sprinkler system.
c. At least one means of egress shall be a stair extending to and
through the roof by a bulkhead, except that a scuttle may be used in
lieu of a bulkhead if the dwelling does not exceed a basement and three
other stories in height, or if it does not exceed a basement and four
other stories in height and is occupied by not more than two families on
any story, and except that no bulkhead or scuttle, or stair or ladder
leading thereto, shall be required where the roof is a peak roof with a
pitch of more than fifteen degrees.
d. Whenever a second means of egress is required, it shall, except as
provided in paragraph f, extend from the entrance story to the roof, and
shall be located eight feet or more from the first means of egress
unless separated therefrom by a public hall or elevator vestibule. Such
second means of egress shall be directly accessible at each story to
each apartment without having to pass through the first means of egress.
e. A required second means of egress shall be either a system of
outside fire-escapes, constructed and arranged as provided in section
fifty-three for fire-escapes erected after April eighteenth, nineteen
hundred twenty-nine, a fire-stair, a fire-tower or a connection with an
adjoining dwelling as provided in paragraph f below.
f. If the department upon the application of the owner shall deem it
feasible and so permit, the owner shall provide, and at all times
maintain unobstructed, a first means of egress extending by means of a
stair from the street through a bulkhead to the roof and thence from the
roof of such dwelling to the roof of an adjoining dwelling and through
such adjoining dwelling to the street and a second means of egress from
each apartment to a room on the same story or level in an adjoining
dwelling by means of a balcony. Every such balcony shall comply with the
requirements for a fire-escape balcony, except that its minimum clear
width shall be two feet instead of three feet. If at any time such
access to the street shall in the opinion of the department be
obstructed or be otherwise unsafe the department shall revoke the
permit, and upon such revocation the owner shall provide one of the
other types of egress permitted in this section.
g. When the department shall find it impractical to erect an
independent fire-escape and shall refuse to permit egress by means of
balconies to an adjoining dwelling, the department may permit the
erection or use of a fire-escape to which the occupants of such dwelling
have safe, unobstructed access in common with the occupants of an
adjoining dwelling.
h. Where a required means of egress leads to a yard less than thirty
feet in depth, except as provided in paragraph f of subdivision four of
section one hundred seventy-seven, there shall be access from such yard
to the street through a court or fireproof passage, or to the yard or
court of adjoining premises by a gate or door through an intervening
fence, or, if the department deems such gate or door impracticable and
so certifies, by a ladder to the top of an intervening fence or wall or
by such other means as the department may require.
2. Where a sprinkler system is required such system shall be equipped
on each story with one or more automatic sprinkler heads with fusible
struts which shall be constructed to fuse at a temperature not higher
than one hundred sixty-five degrees Fahrenheit and all of which shall be
constructed, located and arranged in every stair and entrance hall, and
in every closet opening therefrom, in such manner as the department may
require. Such system may be attached to the city water supply main if
the normal minimum pressure thereon, measured in pounds per square inch
at the street level at the point of connection with said main, is not
less than the number of stories in the height of the dwelling,
multiplied by five, plus fifteen. If such normal minimum pressure is
less than the required amount or such system is not attached to the city
water supply main, it shall be supplied with water from a tank located
on the roof of the dwelling of such capacity and construction as the
department may deem necessary. Such sprinkler system shall be
maintained continuously in good repair and serviceable condition.

S 188. Bulkheads and scuttles. Except as provided in paragraph g of
subdivision three of section one hundred seventy-one, bulkheads and
scuttles shall conform to the following provisions: 1. Every required
bulkhead to and through the roof shall be fireproof or constructed of
wood covered with metal on the outside and fire-retarded on the inside,
and shall have a fire-retarded door and assembly with the door
self-closing. Every stair extending through a bulkhead shall have a hand
rail.
2. Every scuttle shall be at least twenty-one inches in width and
twenty-eight inches in length, covered on the outside with metal and
provided with a stair or a stationary iron ladder leading thereto and
easily accessible to all occupants of the dwelling. Every scuttle shall
be located in the ceiling of the stair hall on the top story and access
to the roof through the scuttle shall be direct and uninterrupted. It
shall be unlawful to enclose in any manner the ladder or stair leading
to a scuttle.
3. Every bulkhead door or scuttle shall not be self-locking and shall
be fastened on the inside with movable bolts, hooks, or a lock which
does not require a key to open from the inside of the dwelling.
4. Where a dwelling has a peak roof with a pitch of more than fifteen
degrees, no bulkhead or scuttle, or stair or ladder leading thereto,
shall be required.

S 189. Stair and public hall construction. Except as provided in
paragraph g of subdivision three of section one hundred seventy-one,
stairs and public halls shall conform to the following provisions:
1. In a dwelling more than a basement and three other stories in
height or occupied by four families or more, the soffit and stringers of
every stair between the lowest entrance story and the next higher story
and the walls and ceilings of every lowest entrance hall shall be
fire-retarded and in such dwellings converted on and after July first,
nineteen hundred fifty-eight, all doors opening to such entrance hall
and stairs, and the door assemblies, shall be fireproof with the doors
self-closing. In lieu of the requirements of this subdivision, a
sprinkler system may be installed in accordance with the provisions of
section one hundred eighty-seven.
2. Every door opening from any stair, entrance hall or other public
hall to any other part of the dwelling shall be self-closing. Every
glazed transom over any such door shall be glazed with wire glass.
Every transom shall be stationary. On and after July first, nineteen
hundred fifty-seven, every glazed panel or other glazed opening in any
such door shall be glazed with wire glass.
3. Every stair, except a basement or cellar stair, shall be two feet
six inches or more in clear width. Any wooden stair may be replaced by
an iron stair of like dimensions. Every entrance hall shall be two feet
eight inches or more in clear width.
4. If the number of rooms in a class B dwelling is increased and there
are sixteen sleeping rooms or more above a basement or, if there be no
basement, above the main entrance story, all partitions and ceilings
enclosing public halls and stairs shall be fire-retarded throughout. All
doors opening to such public halls and stairs, and their assemblies,
shall be fireproof with the doors self-closing. Stairs shall be
fireproof and shall extend from the main entrance story through a
bulkhead to the roof.
5. On and after July first, nineteen hundred fifty-seven, every
interior sash, or opening other than a door, in the walls or partitions
of any stair, entrance hall or other public hall, and every window
therein not opening to the outer air, shall be removed and the openings
closed up with material similar to the adjacent walls.

S 190. Cellar stairs. 1. Except as provided in paragraph g of
subdivision three of section one hundred seventy-one, and except as
otherwise provided in subdivision two hereof, every stair leading from a
cellar to the floor above shall be constructed of incombustible
materials, shall have closed risers, shall be completely enclosed with
partitions of incombustible materials and shall be equipped at the
bottom with a fireproof door and assembly with the door self-closing.
2. Every existing stair leading from a cellar to the floor above in a
converted dwelling accepted or approved by the department on or before
July first, nineteen hundred sixty shall be deemed in compliance with
this section.

S 191. Wainscoting. Wainscoting in any stair or public hall shall be
removed unless such wainscoting is backed against a fire-retarded wall
or the stair or hall is equipped with a sprinkler system conforming to
the provisions of section one hundred eighty-seven. Where wainscoting is
removed in order to fire-retard a public hall or stair, such wainscoting
may be replaced or additional wainscoting may be applied to make the
surfaces of any new partitions or walls conform to existing partitions
or walls provided such additional wainscoting is similarly backed with
fire-retarded materials.

S 192. Cellar entrance. a. If there is a cellar, there shall be an
independent entrance thereto from outside the dwelling by means of a
metal fire ladder or fireproof stair leading to an opening in the
outside cellar wall at least two feet six inches in width and six feet
in height. Such entrance to the cellar may be through an areaway or
through a fireproof passageway leading directly to the street. The
entrance to the cellar may be closed off with a grating or doors which
shall not be locked or bolted unless they can be readily unbolted or
unlocked from the inside without a key and shall be arranged and
constructed so as to be readily opened at all times.
b. In lieu of the requirements set forth in subdivision a hereof,
buildings existing November first, nineteen hundred forty-nine in cities
having a population between five hundred thousand and one million may
comply with the following:
1. shall have an unobstructed entrance through a yard or court from a
street:
(a) directly to exterior dwelling entrance with interior entrance to
basement or cellar direct from said entrance, or from a fire retarded
public hall or stair landing, and
(b) to one or more cellar or basement walls containing accessible
windows.
2. The stairway leading to cellar or basement shall be enclosed with
fire retarded partitions or equal construction and shall have a minimum
fire rating of one hour. Said cellar or basement entrance shall be
equipped with a one hour self-closing fire door assembly.

S 193. Frame buildings. No frame building shall be erected or
maintained upon the same lot with a dwelling converted after April
twenty-eighth, nineteen hundred thirty, nor shall any frame building not
occupied on April thirteenth, nineteen hundred forty, as a multiple
dwelling be altered or converted to such use; except that if the walls
of a frame converted dwelling are faced with a veneer of brick and the
entrance story is occupied by not more than one family, such entrance
story may be altered so that it may be occupied by two families.

S 194. Sprinkler heads in rooms. 1. On and after July first, nineteen
hundred fifty-seven, in every room used for class B occupancy whether in
a class A or class B non-fireproof converted dwelling, there shall be
one or more sprinkler heads. Such sprinkler heads shall be installed in
accordance with the supplementary rules and regulations of the
department. This requirement shall not apply to dwellings which have a
required second means of egress.
2. The requirements of this section shall not apply to a dwelling
located within an area designated on the master plan as an area suitable
for development and redevelopment, provided (a) that the agency in
charge of such clearance shall have certified to the department on or
before February first, nineteen hundred fifty-nine that the dwelling
will be demolished within one year after the service of notice of
violation and (b) that the dwelling is not in violation of any rules and
regulations relating to overoccupancy, egress or fire protection. Such
temporary exemption from the requirements of this section may be
extended for an additional period of not more than six months upon
renewal of such certification of demolition and safety.