Multiple Dwelling Law

TITLE 1
FIRE PROTECTION

S 141. Height. Any such dwelling which is seventy-five feet or less in
height above the curb level and has six stories or less may be of
non-fireproof construction.

S 142. Sub-curb uses. 1. When such a dwelling is more than eighty feet
in height measured from the lowest point of the yard or of any curb on
which any part of the dwelling faces, whichever is lower, and any room
in such dwelling below the level of the highest curb which any part of
such dwelling faces is occupied for living purposes as permitted in
paragraph f of subdivision one of section thirty-four, the yard at the
level of such highest curb shall be set back so as to be at least eight
feet greater in depth than the yard below such level unless the yard
opens directly upon a street.
2. If such a dwelling is erected upon an interior lot running through
from street to street, the wall of the dwelling facing the lowest street
shall, at the level of the highest curb on which any part of such
dwelling faces, be set back at least eight feet.
3. The setback of the yard or wall required by each of the two
preceding subdivisions shall be a fire-terrace. Nothing herein contained
shall be construed to permit a yard of smaller dimensions below the
level of such fire-terrace than required by paragraph f of subdivision
one of section thirty-four.
4. From each apartment below the level of such highest curb at least
one means of egress shall lead directly to such fire-terrace in a manner
approved by the department. Such fire-terrace shall be protected by a
guard railing approved by the department, and shall afford safe and
unobstructed access either directly to a street or to a covered
fireproof passage at least three feet in width and seven feet in height
leading directly and without obstruction to a street.
5. In all portions of such dwellings below the level of the highest
curb all structural members, partitions, furrings and ceilings shall be
constructed of incombustible materials.
6. Apartments may also be occupied for living purposes in cellars and
basements in accordance with the provisions of subdivision six of
section thirty-four.

S 143. Construction of first floor. 1. The first floor above the
lowest cellar, or, if there be no cellar, above the lowest story, shall
be fireproof or, if the dwelling be three stories or less in height,
fire-retarded. Said first floor shall be unpierced except for a stair
leading to a cellar as provided in section one hundred fifty, for lawful
pipes, conduits and ducts and for dumbwaiter and elevator shafts. Any
such dumbwaiter and elevator shafts shall be equipped at all openings
below the said first floor with fireproof doors and assemblies with the
doors self-closing.
2. Whenever the lowest cellar does not extend over more than half the
area of the dwelling, that portion of the first floor directly over such
cellar and the entire second floor above such cellar shall be
constructed as in this section prescribed for the first floor above the
lowest cellar. Whenever the lowest cellar extends over more than half,
but not all, of the area of the dwelling, only that portion of the first
floor directly over such cellar need be constructed as in this section
prescribed for the first floor above the lowest cellar.

S 144. Egress from dwellings. 1. A dwelling three or more stories in
height shall have at least two means of egress extending to the roof
from an entrance story, street, court or yard. The entrances to such
means of egress at every story shall be at least fifteen feet distant
from each other unless they are on opposite sides of a public hall. One
means of egress shall be a stair constructed as provided in section one
hundred forty-eight. The other means of egress shall be either another
such stair or a fire-escape constructed as provided in section
fifty-three.
2. If the number of living rooms on any story, or in any section of
any story, above the entrance story exceeds twenty, there shall be an
additional stair, or fire-stair, extending from the entrance story to
the roof for each twenty rooms or fraction thereof on such story or
section thereof in excess of twenty, except that no additional stair, or
fire-stair, shall be required for such excess on any story or section
thereof if the number of living rooms thereon does not exceed thirty and
if in addition one stair serving such story or section and every
entrance hall or other public hall connected therewith are everywhere
four feet six inchs or more in clear width.
3. There shall be accessible from every apartment two means of egress
from the dwelling, one of which shall be a stair within fifty feet from
a means of egress from such apartment. For such dwellings erected under
plans filed in the department after September first, nineteen hundred
fifty-one, such stair shall also be enclosed and comply with the
provisions of section one hundred forty-eight.
4. Whenever more than two stairs are required, one or more of such
stairs may be fire-stairs or fire-towers, provided that there shall
never be more than one such fire-stair or fire-tower for each two other
required stairs.

S 145. Fire-escapes. Every fire-escape shall be located, arranged,
constructed and maintained as provided in section fifty-three.

S 146. Egress from apartments. 1. There shall be at least two means of
egress from every apartment or suite. Such means shall be remote from
each other. Except where it opens into a stair as permitted in
subdivision three, one means shall be to a public hall connecting with a
stair, fire-stair or fire-tower, not more than fifty feet distant from
such means. In dwellings erected under plans filed in the department
after September first, nineteen hundred fifty-one, such stair,
fire-stair or fire-tower shall be enclosed. The other required means of
egress shall open either directly upon a fire-escape or directly on a
fire-tower balcony or a public vestibule or other public hall connecting
with a stair, fire-stair or fire-tower balcony.
2. Except as hereinafter provided for dwellings two stories or less in
height such balcony, vestibule, hall or stair shall be separated from
the public hall or stair on which the first means of egress opens by a
fireproof wall, unpierced unless by an opening equipped with a fireproof
door and assembly with the door self-closing. Such door shall not be
held open by any device whatever. In a dwelling two stories or less in
height, the separating wall may be fire-retarded on both sides in lieu
of being fireproof.
3. In a dwelling three stories or less in height and occupied by four
families or less on each story, and in any section of a class A dwelling
which is two stories or less in height and occupied by four families or
less on each story, a means of egress from an apartment may open
directly into a stair without the intervention of a public hall.

S 147. Bulkheads and scuttles. 1. Except as otherwise provided in
subdivision two of this section, every required stair, fire-stair and
fire-tower in dwellings three stories or more in height shall have a
bulkhead constructed as provided for fireproof dwellings in section one
hundred four, except that the bulkhead of any required stair which is
not required to be fireproof may be built of wood covered on the outside
with twenty-six gauge metal and on the inside with wire or metal lath
covered with two coats of cement plaster or other fire-retarding
material approved by the department.
2. Such a dwelling which is two stories or less in height, or is three
stories in height and 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, shall be provided at
each required stair, fire-stair or fire-tower either with such a
bulkhead or with a scuttle at least two feet by three feet in size,
located in the ceiling of the public hall on the top story and so
arranged as to provide direct and uninterrupted access to the roof.
Every such scuttle shall be arranged to be readily opened, shall be
covered on the outside with metal and shall be provided with stairs or a
stationary iron ladder or ladders leading thereto and easily accessible
to all the tenants of the dwelling.
3. No bulkhead or other superstructure on the roof shall be used for
human occupancy.
4. When a dwelling has a pitched or sloping roof with a pitch or slope
of more than fifteen degrees, no bulkhead or scuttle or stair or ladder
leading thereto shall be required.

S 148. Public stairs. 1. Every stair, fire-stair and fire-tower shall,
except as otherwise provided in subdivisions three and four of this
section and section one hundred forty-nine, be constructed as provided
for fire-stairs in sections one hundred two and one hundred five for
fireproof dwellings.
2. Every stair, fire-stair and fire-tower shall be at least three feet
in clear width throughout, and at all floor levels shall have landings
at least three feet six inches in clear width.
3. Every stair, fire-stair and fire-tower shall be completely
separated from every other stair, fire-stair and fire-tower and from
every public hall and shaft by fireproof walls, with fireproof doors and
assemblies, with the doors self-closing and without transoms, at all
openings, except that in dwellings two stories or less in height such
walls may be fire-retarded on both sides in lieu of being fireproof. The
doors giving access to such stairs shall not be held open by any device
whatever.
4. Except in the case of an interior enclosed stair separated from and
directly accessible to the public hall by a self-closing fireproof door
and except as provided in subdivision five, there shall be provided to
light and ventilate every stair at every story a window or windows
opening on a street, court, yard or space above a setback. At least one
such window shall be at least two feet six inches wide and five feet
high unless it opens on a street, in which case its minimum height shall
be four feet. The aggregate area of such window or windows at each story
shall be at least eighteen square feet. On the top story a ventilating
skylight may be substituted for a window. At the entrance story or at
the roof level a sash door, such as described in section thirty-five,
opening to the outer air may be substituted for such window.
5. In a dwelling occupied by two families or less on every story:
a. If such dwelling is three stories or less in height, there may be
provided for any stair, in lieu of windows, a stairwell sixteen inches
or more in clear width extending from the entrance story to the roof.
b. If such dwelling is a class A dwelling and is two stories or less
in height, there may be provided for any stair, in lieu of windows, a
stairwell six inches or more in clear width. For the purposes of this
paragraph a section of a class A multiple dwelling may be deemed a
separate multiple dwelling.
c. If such dwelling is two stories in height and has no public hall on
the first story, no stairwell or stair windows need be provided.

S 149. Public halls. 1. Every public hall shall be everywhere at least
three feet in clear width.
2. Every public hall shall be completely enclosed with fireproof
floor, ceiling and walls, and, in dwellings erected under plans filed in
the department after September first, nineteen hundred fifty-one, such
hall shall be separated from every stair by fireproof partitions or
walls. All doors and their assemblies opening from such hall or stairs
shall be fireproof, with the doors self-closing and without transoms,
except that in a dwelling three stories or less in height occupied by
not more than four families on each story, or in a class A dwelling or
any section thereof two stories or less in height, any such hall which
furnishes access to only one stair need not be separated from such stair
by any partition or door and the walls of a public hall may be
fire-retarded and the floors may be provided with three inches or more
of incombustible deafening materials between the beams instead of being
fireproof.
3. Except in dwellings three stories or less in height and occupied by
two families or less on every story, and except as provided in
subdivisions four to seven inclusive, every public hall shall have at
least one window opening directly upon a street or upon a lawful yard or
court. There shall be such a window at the end of each such hall and at
right angles to its length, with an additional window in each forty feet
of hall or fraction thereof beyond the first sixty feet from such end
window; or the hall shall have one window opening directly upon a street
or upon a lawful yard or court in every forty feet of its length or
fraction thereof measured from one end of the hall.
4. When the length of any recess or return off a public hall does not
exceed twice the width of such recess or return, no window shall be
required therein. But whenever the length of a recess or return exceeds
twice its width, there shall be an additional window or windows meeting
the requirements for a separate public hall. No entrance hall shall have
a return or recess which exceeds in length twice its width.
5. The foregoing provisions of this section with regard to lighting
and ventilation shall not apply to a vestibule or other public hall
which serves as a means of access from one or more apartments opening
thereon to a fire-stair or fire-tower meeting the requirements of
section one hundred forty-four if such vestibule or public hall is
lighted and ventilated as required for fireproof dwellings by sections
thirty-seven and one hundred seven.
6. The foregoing provisions of this section with regard to lighting
and ventilation shall not apply to that portion of an entrance hall
between the first flight of stairs and the entrance provided the
entrance door contains five square feet or more of glazed surface or
such entrance hall does not extend from the outer entrance of the
dwelling more than sixty feet.
7. A passenger elevator vestibule not exceeding in length twice the
parallel length of the elevator shaft or shafts opening into it need not
be equipped with a window if it conforms to the requirements of sections
thirty-seven and one hundred seven for public halls in fireproof
multiple dwellings. Every door and its assembly separating such a
vestibule from any public hall connected with a stair, fire-stair or
fire-tower shall be fireproof, with the door self-closing and glazed
with good quality wire glass ten square feet or more in area. No such
door shall be kept open by any device whatever.
8. 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 150. Cellar and basement stairs. 1. Except as otherwise provided in
this section, there shall be no inside stair communicating between the
lowest cellar or the lowest story, if there be no cellar, and the floor
next above, but any stair communicating between such floors shall be
located outside the dwelling and if enclosed shall be fireproof in a
fireproof enclosure with fireproof doors and door assemblies, with the
doors self-closing, at all openings.
2. This provision, however, shall not apply to any stair not extending
through more than one story and leading from an entrance hall to the
upper stories where the walls enclosing such hall are fireproof and
unpierced except for openings to stairs, elevators, apartments, public
reception rooms, professional offices and the outer air. In no event
shall there be any other opening from such an entrance hall, and all
apartments and such professional offices opening therefrom shall be
entirely separated from any space within such dwelling used for any
other purposes by fireproof walls which shall be unpierced except for
means of egress into the entrance hall. The provisions of this
subdivision shall not apply to openings which are protected with
fireproof vestibules. 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 entrance hall and any
other space not used for openings to stairs, elevators, apartments,
public reception rooms and the outer air. 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 entrance hall and the other shall swing from the vestibule into
space which it serves. Such vestibule shall also be equipped with
sprinklers and with an independent exhaust duct having a minimum
cross-sectional area of one hundred forty-four square inches for each
one thousand cubic feet, or fraction thereof, of air content, and such
exhaust duct shall not be connected with any other ventilating system.
3. In dwellings three stories or less in height which are occupied by
two families or less on every story, any stair leading to the cellar may
be located inside the dwelling provided it is entirely enclosed with
fireproof walls and with fireproof doors and door assemblies at both the
cellar level and the story above, with the doors self-closing.
4. The provisions of subdivision one shall not prohibit or apply to an
inside stair extending from a space used for commercial purposes in the
cellar or lowest story to a store on the story next above, provided such
stair is of incombustible materials, has closed risers, is enclosed
between the two lowest floors with walls having a three-hour fire
resistive rating and has fireproof doors and door assemblies at top and
bottom, with the doors self-closing, and provided such commercial space
in the cellar or lowest story is completely enclosed with partitions
having a fire-resistive rating of at least two hours and there is no
opening between the store on the story next above and any entrance hall
or other public hall or public portion of the dwelling.

S 151. Spaces under stairs. 1. It shall be unlawful to have a closet
of any kind under any public stair.
2. The space beneath every stair from the foot of the stair to a point
where the soffit is four feet or more above the floor shall be entirely
enclosed with unpierced fire-retarded partitions. Such enclosure beneath
a flight of public stairs leading from the entrance story to the story
next above shall be fireproof.
3. Any unenclosed portion of the space beneath a flight of public
stairs leading from the entrance story to the story next above shall be
left entirely open and kept clear and free from encumbrance.

S 152. Fire-stopping. 1. In every wall where wooden furring is used
every course of masonry from the under side to the top of any floor
beams shall project a distance of at least two inches beyond each face
of the wall that is not on the outside of the dwelling; and whenever
floor beams run parallel to a wall and wooden furring is used, every
such beam shall always be kept at least two inches away from the wall,
and the space between the beams and the wall shall be built up solidly
with brickwork from the under side to the top of the floor beams.
2. Whenever a wall is studded off, the space between an inside face of
the wall and the studding at any floor level shall be fire-stopped.
Every space between beams directly over a studded-off space shall be
fire-stopped by covering the bottom of the beams with metal lath and
plaster and placing a loose fill of incombustible material at least four
inches thick on the plaster between the beams, or hollow-burned clay
tile or gypsum plaster partition blocks, at least four inches thick in
either case and supported by cleats, shall be used to fill the spaces
between beams.
3. Partitions which are not parallel with the wood floor beams and
which separate one apartment or suite from another or any part of an
apartment or suite from a public hall or other part of the dwelling
outside the apartment or suite shall be filled in solidly with
incombustible material between the floor beams from the plate of the
partition below to the full depth of the floor beams.
4. If a dwelling is within ten feet of another non-fireproof building
or of a side lot line, such dwelling shall have its eaves or cornices
built up solidly with masonry.
5. The wooden frames in any cornice on any row of buildings shall be
separated between buildings by a complete fire-stop.
6. Every space between stair carriages of any non-fireproof stair
shall be fire-stopped by a header beam at top and bottom. Where a stair
run is not all in one room or open space, the stair carriages shall have
an intermediate firestop, so located as to cut off communication between
portions of the stair in different rooms or open spaces. The underside
and stringers of every unenclosed stair of combustible material shall be
fire-retarded.
7. All partitions required to be fire-retarded shall be fire-stopped
with incombustible material at floors, ceilings and roofs.
Fire-stopping over partitions shall extend from the ceiling to the
underside of any roofing above. Any space between the top of a partition
and the underside of roof boarding shall be completely fire-stopped.