Article 1 Introductory Provisions; Definitions

Article 2 Miscellaneous Application Provisions

Article 3 Multiple Dwellings‒General Provisions

Title 1 Light and Air
Title 2 Fire Protection and Safety
Title 3 Sanitation and Health

Article 4 Fireproof Multiple Dwellings

Article 5 Non-Fireproof Multiple Dwellings

Article 5-A Garden-Type Maisonette Dwelling Projects

Article 6 Converted Dwellings

Article 7 Tenements

Article 7-A Temporary Provisions

Article 7-B Joint Living-Work Quarters for Artists, or General Residential Occupancy of Loft, Commercial or Manufacturing Buildings

Article 7-C Legalization of Interim Multiple Dwellings

Article 8 Requirements and Remedies

Article 9 Registry of Names and Service of Papers

Article 10 Prostitution

Article 11 Laws Repealed; Saving Clauses; Effect

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:

§

28.

Two or more buildings on same lot

29.

Painting of courts and shafts

31.

Size of rooms--subdivision six

33.

Cooking spaces

35.

Entrance doors and lights

37.

Artificial hall lighting

50-a.

Entrances: doors, locks and intercommunication systems

52.

Stairs

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--subdivision two

66.

Lodging houses

67.

Hotels and certain other class A and B dwellings

75.

Water supply

76.

Water-closet and bath accommodations

77.

Plumbing and drainage

78.

Repairs

79.

Heating

80.

Cleanliness

81.

Receptacles for waste matter

83.

Janitor or housekeeper

Title 1 Light and Air

1. Dwellings affected.  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 storage.

c. “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:

10,500 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 ․․․․․․․․․․․․

41

3. 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 intake 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.

m. In a city with a population of one million or more, the area of yards, rear yard equivalents, courts or open spaces required by this section, section one hundred seventy-two or section two hundred twelve of this chapter shall not be deemed to be reduced or obstructed by exterior wall thickness of up to eight inches added to the exterior of a building to accommodate the addition of insulation to the extent that such exterior wall thickness is a permitted obstruction for such building under the zoning resolution of such city.

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.

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.

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 lightcolored 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.

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 eighty square feet in floor surface area.

8. (a) The windows in every room, except a water-closet compartment, bathroom, or cooking space less than eighty 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 per cent 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.

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 be at 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 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. Exept 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 accomodations 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.

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.

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 eighty square feet or more in floor area.  The term “kitchenette” shall mean such a space which is less than eighty 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 June thirtieth, nineteen hundred ninety-five, 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.

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 tweny -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.

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.

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 fireproof 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.

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

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.

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.

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.

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.

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.
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.
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.

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.

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.

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.

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.

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 of the provisions of this section shall apply to dwellings erected under the provisions of article five-a of this chapter.

7. In any city the department may approve for any such dwelling three stories or less in height, the alteration and conversion of that portion of said dwelling 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.

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.

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.

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.

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 more restrictive than the provisions of this section, subject to such conditions as, in the opinion of such agency, will best promote health, safety and welfare and carry out the permissive intent of this section.  All owners of property within a radius of one hundred fifty feet of the entrance or entrance passage to such space or structure shall be duly notified of any such public hearing and shall be given due opportunity to be heard thereon.  Nothing in this section shall be deemed to prohibit the use of a part of such lot or plot as a parking area for the exclusive use of the occupants of such dwelling.

4. No parking area or space to be used for the storage of motor vehicles upon the premises of a multiple dwelling shall encroach upon any part of the lot or plot which is required by any provision of this chapter to be left open and unoccupied.

5. None of the provisions of this section shall be construed as permitting such space or structure or part thereof to be rented or leased for the storage or warehousing of passenger or commercial type of motor vehicles, which are part of stock of any person, firm or corporation engaged in the purchase, sale or rental of such motor vehicles.

1. Except as may be otherwise provided by any local law, ordinance, rule or regulation, business may be conducted in any multiple dwelling including:

a. Baking and fat-boiling as provided in section fifty-nine,

b. Storage of passenger motor vehicles as provided in section sixty, and

c. Any manufacturing business in which seven or more persons are employed, or any employment agency as defined in section one hundred seventy-one of the general business law other than a non-profit employment agency in a fireproof class B multiple dwelling owned and occupied by a non-profit corporation organized for and engaged exclusively in promoting religious, education or philanthropic purposes, provided that every means of egress from such a business space shall be separate and distinct from and without means of communication with any means of egress from the dwelling portion of the building.

2. The number of means of egress from the portion of any multiple dwelling where business is conducted shall be in conformity with those provisions of the local laws, ordinances, rules and regulations covering means of egress from buildings in which a like business is conducted.

3. There shall be no manufacturing business conducted above the second floor of any non-fireproof multiple dwelling.

4. Where business is conducted in any multiple dwelling erected before April eighteenth, nineteen hundred twenty-nine, such business space shall also comply with all the following requirements in a manner which the department shall deem adequate to prevent the spread of fire:

a. Within or appurtenant to such space, all pipe chases and openings around flues shall be fire-stopped, and such flues shall be kept in good order and repair.

b. All other openings from such space into non-fireproof shafts or into entrance halls shall either be sealed with fire-retarded material or equipped with a self-closing fire-retarded door or window with fire-retarded assemblies.

5. Where business is conducted in any non-fireproof multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine, the walls and ceiling of such business space shall be fire-retarded.  The department may also require the walls and ceilings of any business space in any multiple dwelling erected before such date to be fire-retarded when the department shall deem such requirement necessary for the protection of the occupants.

6. If the ground story of any non-fireproof multiple dwelling is extended for business purposes, the underside of the roof of such extension shall be fire-retarded.  If there are fire-escapes above such extension, its roof shall be fireproof.

1. Every open area of a roof, terrace, areaway, outside stair, stair landing, retaining wall or porch and every stair window of a multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine, shall be protected in a manner approved by the department by a parapet wall or a guard railing three feet six inches or more in height above the level of such area, or, in the case of a stair window, above the level of the floor adjacent thereto, unless the department shall deem that such protection is not necessary for safety.  In any multiple dwelling where a bulkhead door or scuttle cover opens within four feet of the edge of the roof, that part of the roof which is immediately adjacent to such door or cover shall be adequately protected.  Such protection shall consist of guard rails or parapet walls extending at least three feet six inches above the level of the roof, and shall be arranged and placed in a manner approved by the department, but shall not be required for such bulkhead door or scuttle cover when the bulkhead or scuttle on such dwelling is immediately adjacent to, and also on the same level as or on a lower level than, the roof of a contiguous building.  This subdivision shall not apply to the open area of a roof of a garden-type maisonette dwelling project.

2. All radio, antennae or other wires over any roof shall, unless otherwise permitted by the department, be kept ten feet or more above such roof, and no radio, television antennae or other wires shall be attached to any fire escape or to any soil or vent line extending above the roof.

1. When any living room is below the level of the highest curb in front of any multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine, in accordance with the provisions of paragraph f of subdivision one of section thirty-four, all portions of such dwelling below such level shall be fireproof throughout except that windows therein need not be fireproof but shall be of incombustible material and may be glazed with plain glass.

2. Except in multiple dwellings which do not exceed eighty feet in height measured from the lowest point of any curb on which any part of the dwelling faces, at least one means of egress from any apartment or suite of rooms below the level of the highest curb in front of such a dwelling shall lead directly to the street in front of said dwelling and at least one such means to the yard or street in the rear of said dwelling.  Every yard in the rear of every such multiple dwelling, regardless of the height of such dwelling, shall at the lowest level of such yard be provided with a fire passage in compliance with the requirements for such a passage in paragraph f of subdivision five of section twenty-six.

3. Notwithstanding any other provisions of this section the department may require such additional means of egress from the said dwelling or protection from fire as the department may deem necessary for the safety of the occupants.

1. Every multiple dwelling after July first, nineteen hundred fifty-five, shall be adequately equipped throughout all stories and cellars for lighting by gas or electricity, with proper fixtures at every light outlet, including lighting for all means of egress leading to the street, yards or courts, and for every room, water-closet compartment, bathroom, stair or public hall.

2. No gas meter, other than a replacement meter, installed in a multiple dwelling after July first, nineteen hundred fifty-five, shall be located in any boiler room or other room or space containing a heating boiler, nor in any stair hall, nor in any public hall above the cellar or above the lowest story if there is no cellar, except that in any multiple dwelling where there is an existing gas meter located in any boiler room or other room or space containing a heating boiler, one additional gas meter may be installed in such room or space, provided such additional gas meter is installed adjacent to such existing gas meter and is used in conjunction with the supply of gas for a gas-fired heating boiler or a gas-fired water heater used as a central source of supply of heat or hot water for the tenants residing in such multiple dwelling.  Such additional gas meter may be installed only upon condition that space heaters or hot water appliances in the apartments are eliminated.  For the purposes of this subdivision, the term “gas meter” shall not include any instrument, device or apparatus used to measure the consumption of gas where no gas, manufactured, natural or mixed, is contained in or flows through such instrument, device or apparatus, provided that such instrument, device or apparatus is approved by and installed under the supervision of the city agency vested by law with jurisdiction to inspect and test wiring and appliances for electric light, heat and power and provided further that the location of such instrument, device or apparatus is approved by the department.

3. It shall be unlawful to place, use, or to maintain in a condition intended, arranged or designed for use, any gas-fired cooking appliance, laundry stove, heating stove, range or water heater or combination of such appliances in any room or space used for living or sleeping in any new or existing multiple dwelling unless such room or space has a window opening to the outer air or such gas appliance is vented to the outer air.  All automatically operated gas appliances shall be equipped with a device which shall shut off automatically the gas supply to the main burners when the pilot light in such appliance is extinguished.  A gas range or the cooking portion of a gas appliance incorporating a room heater shall not be deemed an automatically operated gas appliance.  However, burners in gas ovens and broilers which can be turned on and off or ignited by non-manual means shall be equipped with a device which shall shut off automatically the gas supply to those burners when the operation of such non-manual means fails.  All gas appliances shall be connected directly to the gas supply by means of rigid piping or other approved connectors or connections of incombustible materials.  All such automatically operated gas appliances and devices shall be approved by the local agency empowered to grant the same.

4. It shall be unlawful to use, or to maintain in a condition intended, arranged or designed for use, in any multiple dwelling any oil-burning equipment for heating or cooking, unless such equipment has been approved for design, manufacture and appropriate safety and ventilating requirements by the local board of standards and appeals; provided, however, that in a city having a population of one million or more, approval of such equipment for use in any multiple dwelling shall be made by the commissioner of buildings or the fire commissioner, as appropriate, in accordance with local law.

5. All appliances in use after June thirtieth, nineteen hundred fifty-five, shall conform to the provisions of subdivisions three and four of this section except that appliances now in use shall conform to such provisions not later than June thirtieth, nineteen hundred fifty-six.

1. Except as hereafter provided, in every multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine, which is four stories or more in height the boiler shall be enclosed in a room or space constructed with fireproof walls extending from the floor construction to the ceiling construction, and all openings therefrom to other portions of the dwelling shall be equipped with fireproof doors and assemblies with the doors self-closing.  However, in all multiple dwellings, on and after January first, nineteen hundred sixty-six, a room or space provided with a central heating plant shall be completely enclosed with incombustible materials having a standard fire-resistive rating of at least one hour.

2. In such a dwelling access to a cellar or lowest story in which a boiler is located shall not be through any boiler room, nor shall any cellar or basement stair or any shaft be installed within a boiler room.

3. The department shall have the power to make supplementary regulations relating to boiler or furnace rooms.

1. It shall be unlawful to occupy any lodging house unless such dwelling conforms to the provisions of the specific sections enumerated in section twenty-five to the extent required therein, including the provisions of this section, and to all other applicable provisions of this chapter.

2. a. No wood or other combustible facing shall be permitted on the walls, partitions or ceilings of entrance halls or other public halls or stairs, except a flat baseboard ten inches or less in height.  The stair string, handrails, soffits, fascias, railings, balustrades and newel posts shall be constructed of hard incombustible material and shall be of such sizes and secured in such manner as approved by the department.

b. The walls and ceilings of all entrance halls, stair halls and other public halls and stairs shall be fire-retarded on the hall or stair side with half-inch plaster board covered with twenty-six gauge metal or other materials approved by the department.

c. Except partitions forming existing cubicles, flat baseboards not more than ten inches high and door and window assemblies not otherwise required to be fire-retarded, all wood partitions and all combustible coverings on walls or partitions throughout the portion of the dwelling used for lodging-house purposes shall be protected with incombustible material approved by the department.

d. The cellar ceiling and the ceiling of every story shall be fire-retarded.  The department may accept an existing ceiling if it is in good condition and plastered, or covered with metal or with half-inch plaster board covered with metal, or other materials approved by the department, except that the ceiling over and the floor beneath any furnace, stove, boiler or hot-water heater shall be fire-retarded and such fire-retarding shall extend for a distance of at least four feet beyond the sides and rear and eight feet in front of such furnace, stove or heater.  Metal breechings and flues connected to such devices shall be made secure and be protected in conformity with regulations adopted by the department.

e. Every window not opening to the outer air in an entrance, stair or other public hall shall be removed, and the opening closed and fire-retarded, except that interior windows or similar openings in partitions forming the enclosure of entrance, stair or other public halls may be retained if they are used in the operation and maintenance of the lodging house and are protected by automatic fire windows.

f. There shall be one or more completely enclosed compartments remote from any stairway for the storage of mattresses, linens, brooms, mops and other paraphernalia incidental to the occupancy and maintenance of the lodging house, and such paraphernalia shall be stored in no other portion of such dwelling.  The partitions forming each such compartment shall be fire-retarded and shall be provided with a fireproof door and door assembly with the door self-closing.  Each such compartment shall be ventilated in accordance with regulations adopted by the department.  Any space which is used for the storage of mattresses, in addition to conforming to the other provisions of this section, shall be provided with a window ten square feet or more in area, and such window shall open upon a street or yard.

g. There shall be provided on each lodging-house story one or more containers of metal or other hard incombustible material, with self-closing lids, in which all scrap and refuse of a combustible nature shall be placed until its disposal.

h. Insecticides and other fluids containing inflammable, volatile or combustible material shall be stored in a completely enclosed fire-retarded room or compartment, ventilated in accordance with regulations adopted by the department, and only under authority of a permit from the fire department.

3. a. In non-fireproof lodging houses there shall be in all dormitories, entrance and other public halls, stairs, storage rooms, cellars and other parts of the dwelling an automatic wet-pipe sprinkler system, installed and maintained in conformity with regulations adopted by the department.  In connection with such sprinkler system there shall be an automatic closed-circuit alarm system so arranged and installed as to give warning, at a recognized central station satisfactory to the fire department, of the closure of any valve controlling water supply to any of the sprinklers and of the operation of any sprinkler head.  Such alarm system shall also be so installed and maintained that when a sprinkler operates an alarm bell satisfactory to the fire department, eight inches in diameter or at least capable of being heard clearly throughout the room, will sound in each dormitory and in the office of the lodging house, and that such alarm system can also be operated manually.  Such sprinkler and alarm systems shall have supervisory and maintenance service satisfactory to the department and the fire department respectively.  Any existing fire alarm or sprinkler system which can be altered or adapted to meet the requirements of this paragraph may be so used instead of a completely new system.

b. In fireproof lodging houses all dormitories, entrance and other public halls, stairs, storage rooms, cellars and other parts of the dwelling shall either be equipped with a combined sprinkler and fire alarm system as required for the lodging houses provided for in paragraph a or be equipped throughout with an automatic, thermostatic, closed-circuit fire alarm system.  Such alarm system shall be so arranged and installed that it can also be operated manually and that it will give warning, at a recognized central station satisfactory to the fire department, of the operation of any part of the alarm system.  Such alarm system shall also be so installed and maintained as to actuate an alarm bell satisfactory to the fire department and at least eight inches in diameter in each dormitory in the dwelling and in the lodging-house office when the alarm system operates.  Such alarm system shall have supervisory and maintenance service satisfactory to the fire department.

4. a. There shall be at least two means of unobstructed egress from each lodging-house story, which shall be remote from each other.  The first means of egress shall be to a street either directly or by an enclosed stair having unobstructed, direct access thereto.  If the story is above the entrance story, the second means of egress shall be by an outside fire-escape constructed in accordance with the provisions of section fifty-three or by an additional enclosed stair.  Such second means of egress shall be accessible without passing through the first means of egress.

b. All doors opening upon entrance halls, stair halls, other public halls or stairs or elevator, dumbwaiter or other shafts, and the door assemblies, shall be fireproof with the doors made self-closing by a device approved by the department, and such doors shall not be held open by any device whatever.  All openings on the course of a fire-escape shall be provided with such doors and assemblies or with fireproof windows and assemblies, with the windows self-closing and glazed with wire glass, such doors or windows and their assemblies to be acceptable to the department.

c. There shall be unobstructed aisles providing access to all required means of egress in all dormitories.  Main aisles, approved as such by the department to provide adequate approaches to the required means of egress, shall be three feet or more in width, except that no aisle need be more than two feet six inches wide if it is intersected at intervals of not more than fifty feet by crossover aisles at least three feet wide leading to other aisles or to an approved means of egress.

d. Every required means of egress from the lodging-house part of the dwelling shall be indicated by a sign reading “EXIT” in red letters at least eight inches high on a white background illuminated at all times during the day and night by a light of at least twenty-five watts or equivalent illumination.  Such light shall be maintained in a keyless socket.  On all lodging-house stories where doors, openings, passageways or aisles are not visible from all portions of such stories, and in other parts of the dwelling which may be used in entering or leaving the lodging-house part and in which a similar need exists, signs with easily readable letters at least eight inches in height, and continuously and sufficiently illuminated by artificial light at all times when the natural light is not sufficient to make them easily readable, shall be maintained in conspicuous locations, indicating the direction of travel to the nearest means of egress.  At least one such sign shall be easily visible from the doorway of each cubicle.

e. Access from the public hall at the top story to the roof shall be provided by means of a bulkhead or a scuttle acceptable to the department.  Every such scuttle and the stair or ladder leading thereto shall be located within the stair enclosure.

5. The number of persons accommodated on any story in a lodging house shall not be greater than the sum of the following components.

a. Twenty-two persons for each full multiple of twenty-two inches in the smallest clear width of each means of egress approved by the department, other than a fire-escape.

b. Twenty persons for each lawful fire-escape accessible from such story if it is above the entrance story.

6. Existing cubicles complying with all other provisions of this section may be maintained, provided the top of the enclosure of every cubicle is at least two feet from the ceiling.  Any rearrangement of existing cubicles that may be made necessary by the provisions of this section shall be lawful.  Cubicles authorized by this section shall not be considered rooms or alcoves but parts of the rooms in which they are constructed.

7. The department shall cause all lodging houses to be inspected at intervals of three months or less.  All sections and parts of every lodging house shall also be inspected by a clerk or watchman in the employ of the owner at least once in every two hours.

8. a. The department shall have power to make supplementary regulations relating to fire-escapes, protection from fire, and the installation of sprinkler systems in lodging houses and the fire department shall have power to make such regulations relating to fire alarms therein.

b. Nothing in this section shall be deemed to abrogate any powers or duties vested in the fire commissioner or the fire department of the city of New York by chapter nineteen of the administrative code of the said city.

1. It shall be unlawful to occupy any class A or class B multiple dwelling, including a hotel, unless it conforms to the provisions of the specific sections enumerated in section twenty-five to the extent required therein, including the applicable provisions of this section and all other applicable provisions of this chapter except that the provisions of this section shall not apply to:

a. Converted dwellings;

b. Tenements;

c. Lodging houses;

d. Class A multiple dwellings erected under plans filed with the department after April eighteenth, nineteen hundred twenty-nine.

2. Any such multiple dwelling, altered or erected after April fifth, nineteen hundred forty-four, and which is required to conform to the provisions of articles one, two, three, four, five, eight, nine and eleven, shall not be required to conform to the provisions of subdivisions three, six, nine and ten of this section.

3. The walls and ceiling of every entrance hall, stair hall or other public hall, every hall or passage not within an apartment or suite of rooms, every dumb-waiter, elevator, and, except as provided in paragraph d of subdivision six, every other shaft, including stairs, connecting more than two successive stories, shall be sealed off from every other portion of the dwelling with fire-retarding materials approved by the department, or, in lieu thereof, except in the case of elevator shafts, shall be equipped with one or more automatic sprinkler heads.  Nothing contained herein shall be deemed to exempt from enclosure an interior required means of egress.  The provisions of this subdivision and similar requirements of section sixty-one shall not apply to a store or space used for business on any story where there are no sleeping rooms, when such store or space is protected with sprinkler heads.

4. There shall be one or more completely enclosed compartments for the storage of mattresses, furniture, paints, floor wax, linens, brooms, mops and other such inflammable or combustible paraphernalia incidental to the occupancy and maintenance of the dwelling, and such paraphernalia shall be stored in no other portion of such dwelling.  Such compartments shall be completely protected by one or more automatic sprinkler heads.  Every door from any such compartment shall be self-closing.  Closets which do not exceed one hundred square feet in floor area may be used for the temporary storage of such paraphernalia, except mattresses, furniture, paints and insecticides containing inflammable materials and are excluded from the requirements of this subdivision.

5. All kitchens and pantries serving restaurants in such non-fireproof dwelling shall be equipped with one or more automatic sprinkler heads.

6. Except in fireproof class A multiple dwellings erected under plans filed after January first, nineteen hundred twenty-five, and which were completed before December thirty-one, nineteen hundred thirty-three, and except as otherwise provided in paragraph c of this subdivision, in every such dwelling three or more stories in height there shall be from each story at least two independent means of unobstructed egress located remote from each other and accessible to each room, apartment or suite.

a. The first means of egress shall be an enclosed stair extending directly to a street, or to a yard, court or passageway affording continuous, safe and unobstructed access to a street, or by an enclosed stair leading to the entrance story, which story shall have direct access to a street.  That area of the dwelling immediately above the street level and commonly known as the main floor, where the occupants are registered and the usual business of the dwelling is conducted, shall be considered a part of the entrance story; and a required stair terminating at such main floor or its mezzanine shall be deemed to terminate at the entrance story.  An elevator or an unenclosed escalator shall never be accepted as a required means of egress.

b. The second means of egress shall be by an additional enclosed stair conforming to the provisions of paragraph a of this subdivision, a fire-stair, a fire-tower or an outside fire-escape.  In a non-fireproof dwelling when it is necessary to pass through a stair enclosure which may or may not be a required means of egress to reach a required means of egress, such stair enclosure and that part of the public hall or corridor leading thereto from a room, apartment or suite, shall be protected by one or more sprinkler heads; in a fireproof dwelling only that part of the hall or corridor leading to such stair enclosure need be so protected.

c. Where it is impractical in such existing dwellings to provide a second means of egress, the department may order additional alteration to the first means of egress and to shafts, stairs and other vertical openings as the department may deem necessary to safeguard the occupants of the dwelling, may require the public halls providing access to the first means of egress to be equipped on each story with one or more automatic sprinkler heads, and, in non-fireproof dwellings, may also require automatic sprinkler heads in the stair which serves as the only means of egress.

d. Nothing in this section shall be deemed to require the enclosure of a stair which is ornamental provided such stair does not connect more than two stories.

e. A stair, fire-stair, fire-tower or fire-escape which is supplementary to the egress requirements of paragraphs a, b and c of this subdivision need not lead to the entrance story or to a street, or to a yard or a court which leads to a street, provided the means of egress therefrom is approved by the department.

7. a. All doors opening from shafts, stair halls or stairs and the door assemblies shall be fire-resistive with the doors self-closing and without transoms or any other opening.

b. All other doors opening upon entrance halls or other public halls or corridors in every part of the dwelling shall be self-closing.  In non-fireproof dwellings any existing openings in such doors, except in doors to public toilet rooms or bathrooms, shall be closed and sealed in such manner as to provide a fire-resistive rating equal to the fire-resistive rating of the remainder of the door.  Except as provided in this paragraph, any existing transoms over such doors in such non-fireproof dwellings shall be firmly secured in a closed position, or removed and the openings closed, in a manner satisfactory to the department.  If such doors or transoms are glazed with plain glass, such glass shall be removed and replaced with wire glass one-quarter of an inch in thickness or replaced with material approved by the department.  In non-fireproof dwellings existing transoms or ventilating louvres in public halls or corridors, and any openings in partitions separating sleeping rooms from public halls or corridors to provide ventilation, need not be replaced, closed or sealed provided such public halls or corridors are protected by automatic sprinkler heads.  When existing ventilating louvres are located in the lower half of any such door they may be retained and new ventilating louvres may be installed in the lower half of any new or existing doors provided the openable area of every such louvre does not exceed one hundred forty-four square inches and the bottom of the opening is one foot or more above the finished floor of the public hall or corridor upon which such door opens and, in such case, no sprinkler system shall be required.

c. Every existing interior glazed sash, window or opening, other than a door, in any partition forming required enclosures around stairs or shafts shall be removed and the openings closed up and fire-retarded.  Where an existing sash provides borrowed light to a public hall or corridor from a living room and there is no glass panel in the door providing access to such room, such sash shall be made stationary in a closed position and be glazed with wire glass one-quarter inch in thickness, or be entirely removed and the opening closed up with incombustible material.

d. All openings which provide direct access to a fire-escape from a public hall or corridor shall be equipped with fireproof doors and assemblies with the door self-closing or fireproof windows glazed with clear wire glass.  Doors providing access to fire-escapes from public halls or corridors may be glazed with clear wire glass.

e. It shall be unlawful to attach to or maintain on or about any door required to be self-closing any device which prevents the self-closing of such door.

8. a. (i) Every means of egress shall be indicated by a sign reading “EXIT” in red letters at least eight inches high on a white background, or vice versa, illuminated at all times during the day and night by a red light of at least twenty-five watts or equivalent illumination.  Such light shall be maintained in a keyless socket.  On all stories where doors, openings or passageways giving access to any means of egress are not visible from all portions of such stories, lighted or reflective directional signs shall be maintained in conspicuous locations, indicating in red on a white background, or vice versa, the direction of travel to the nearest means of egress.  In addition to being posted in conspicuous locations, such signs located near the floor, giving direction to the nearest means of egress, shall also be maintained.  At least one sign shall be visible from the doorway of each room or suite of rooms.  Existing signs and illumination may be accepted if, in the opinion of the department, such existing signs and illumination serve the intent and purpose of this subdivision.  Supplementary stairs, fire-stairs, fire-towers or fire-escapes which do not lead to the entrance story or to a street or to a yard or court, leading to a street, shall be clearly marked “NOT AN EXIT” in black letters at least four inches high on a yellow background and at the termination of each such stair, fire-stair, fire-tower or fire-escape, there shall be a directional sign indicating the nearest means of egress leading to a street.  All signs shall be constructed, located and illuminated in a manner satisfactory to the department.

(ii) Repealed.

b. On each floor of every hotel or motel having two or more stories where the rooms or suites of rooms are connected by an interior hallway, there shall be posted by each stairway, elevator or other means of egress a printed scale floor plan of the particular story, which shall show all means of egress, clearly labeling those to be used in case of fire.  Such signs shall be posted in other conspicuous areas throughout the building.  Said floor plan shall be no smaller than eight inches by ten inches and shall be posted in such a manner that it cannot be readily removed.

9. The ceiling of the story immediately below the entrance story shall be fire-retarded or be equipped with one or more sprinkler heads.  Any boiler or furnace room within the dwelling used in connection with supplying heat or hot water shall be enclosed with fire-retarded partitions and every door opening therefrom and its assembly shall be fireproof with the door self-closing.  The ceiling of such room shall also be fire-retarded or be equipped with one or more sprinkler heads.

10. a. There shall be provided in the roof directly over each stair, fire-stair, fire-tower, dumb-waiter, elevator or similar shaft which extends to or within one story of a roof, a ventilating metal skylight having horizontal dimensions equal at least to seventy-five per centum of the cross-sectional area of such shaft.  Such skylight need not, however, exceed twenty square feet in area.  Where an existing skylight is smaller than the dimensions or area prescribed in this paragraph, no structural change shall be required, but a ventilating metal skylight fitting the existing opening in the roof shall be sufficient.  Every skylight shall be glazed with plain glass in the roof of such skylight and shall be equipped with metal screens over and under the skylight.  In lieu of a skylight a window of the same area at the top story shall be accepted.

b. Whenever there is  flooring of solid construction at the top of any enclosed stair, fire-stair, fire-tower, elevator or similar shaft, openings shall be left near the top of such shaft for ventilation.  Such openings shall provide at least two hundred eighty-eight square inches of unobstructed ventilation and shall communicate directly with the outer air, or be otherwise ventilated in accordance with the provisions of the local building code.

c. It shall be unlawful to discharge into any such shaft any inflammable or volatile gases, liquids or other thing or matter which would endanger life.

11. a. There shall be a fire-retarded bulkhead in the roof over, or connecting directly by means of a public hall with the highest portion of, every stair extending to the highest story below the main roof.  Stairs leading to such bulkheads shall be fire-retarded as required for other public stairs and shall have at the top fireproof doors and assemblies with the doors self-closing.  All stairs to required bulkheads shall be provided with a guide or handrail.  A scuttle so constructed as to be readily opened may be substituted for a bulkhead in such dwellings two stories or less in height.  Such 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 stationary iron or steel ladder leading thereto.

b. 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.

c. A bulkhead door or scuttle shall never be self-locking and shall be fastened on the inside with movable rustproof bolts, hooks, or a lock which does not require a key to open from the inside of the dwelling.

d. Bulkheads and stairs leading thereto existing on April fifth, nineteen hundred forty-four, shall be permitted provided the stairs have such angle of ascent and treads of such dimensions as may be approved by the department.

12. In every such dwelling containing thirty or more rooms used for living or sleeping purposes by transient occupants there shall be a closed-circuit interior fire alarm system.  Such alarm system shall be so installed and maintained that it can be operated manually from any story to sound an alarm or alarms capable of being heard clearly in all parts of the dwelling.  Such alarm system shall be installed, arranged and maintained in a manner satisfactory to the fire department.

13. When the local building code requires a standpipe system such system shall comply with all of the applicable requirements of such code.

14. In every such fireproof dwelling containing fifty or more rooms used for living or sleeping purposes by transient occupants and in every such non-fireproof dwelling containing thirty or more such rooms, the owner shall employ one or more watchmen or clerks whose duty it shall be to visit every portion of the dwelling at frequent regular intervals for the purpose of detecting fire or other sources of danger and giving immediate and timely warning thereof to all the occupants.  There shall be provided a watchman's clock system or other device to record the movements of such watchman.  Such system shall be installed, supervised and maintained in a manner satisfactory to the fire department.  However, the provisions of this subdivision shall not apply where, throughout the dwelling, a closed-circuit, automatic, thermostatic fire-detecting system is installed which actuates a fire alarm, or where, throughout the dwelling, an approved-type automatic sprinkler system is installed which actuates a fire alarm by the flow of water through such system.

15. a. Nothing in this section shall be construed as permitting partitions or materials which are not fireproof in any fireproof dwelling; nor shall anything in this section be deemed to abrogate any powers or duties vested by law in the fire commissioner or fire department, except that an existing sprinkler installation, fire alarm or standpipe system which has been approved or accepted by the department having jurisdiction and installed before July first, nineteen hundred forty-eight, shall, after inspection by the said department, be deemed to be in compliance with the requirements of this section or may be altered or adapted to meet such requirements instead of a completely new installation or system.

b. All automatic sprinkler heads required by this section shall be constructed to fuse at a temperature not higher than one hundred sixty-five degrees Fahrenheit, spaced so as to protect the area which is required to be sprinklered, and installed, arranged and maintained in conformity with regulations adopted by the department.

c. For the purposes of subdivisions twelve and fourteen of this section, the term “transient occupancy” shall mean the occupancy of a room for living purposes by the same person or persons for a period of ninety days or less.

16. a. Notwithstanding any other provision of law to the contrary, within a dwelling to which this section is applicable the use of dwelling units as a hotel for other than permanent residence purposes, as defined in paragraph a of subdivision eight of section four of this chapter, that would otherwise be prohibited shall be permitted to continue for a period of two years after the effective date of this subdivision provided that:

(1) such dwelling units were used for other than permanent residence purposes on January first, two thousand nine and on the effective date of this subdivision and fifty-one percent or more of the total number of dwelling units in such dwelling were used for other than permanent residence purposes on such dates;

(2) such dwelling was occupied as a hotel for other than permanent residence purposes on December fifteenth, nineteen hundred sixty-one;

(3) such dwelling is of fireproof construction and was of fireproof construction on January first, two thousand nine;

(4) such dwelling units used for other than permanent residence purposes have at least two lawful means of egress, including exit stairs, fire towers or exterior stairs but excluding fire escapes and had such lawful means of egress on January first, two thousand nine;

(5) such dwelling has operational exit signs and a fire alarm system complying with the provisions for existing transient occupancies in accordance with local law and had such exit signs and fire alarm system on January first, two thousand nine; and

(6) such dwelling units used for other than permanent residence purposes are registered with the department within one hundred eighty days after the effective date of this subdivision in a form and manner to be provided by such department, including a requirement that the applicant submit certification of compliance with subparagraphs three, four and five of this paragraph, signed and sealed by a registered architect or licensed professional engineer in good standing under the education law.  The department may assess fees to cover all costs associated with such registration.  The department may refuse to register dwelling units or may revoke such registration if it determines such dwelling units or dwelling do not comply with the conditions for registration set forth in subparagraphs one through five of this paragraph.

b. The owner shall obtain a certificate of occupancy for the use of registered dwelling units for other than permanent residence purposes within two years after the effective date of this subdivision.  Upon application prior to the expiration of such two year period, the department may, for good cause, extend such time for up to one additional year but no such extension shall be granted unless the department finds that:

(1) the owner has obtained the necessary permit or permits for all work necessary to bring such dwelling into compliance with the requirements of this chapter and all local housing, building and fire codes for the use of dwelling units for other than permanent residence purposes;

(2) all construction authorized by such permit or permits has been substantially completed; and

(3) there are no considerations of public safety, health and welfare that have become apparent since the issuance of the above described permit or permits that indicate an overriding benefit to the public in enforcing the requirement that the applicant obtain a certificate of occupancy for the use of registered dwelling units for other than permanent residence purposes within two years after the effective date of this subdivision.

c. Upon application prior to the expiration of the time for obtaining a certificate of occupancy, as extended by the department pursuant to paragraph b of this subdivision, the board of standards and appeals may grant a further extension of time to obtain a certificate of occupancy in a case where there are circumstances beyond the applicant's control or hardship in the way of obtaining such certificate within the time allowed by the department but no more than one such extension of fifteen months shall be granted for a building and no such extension shall be granted unless the board finds that there are no outstanding building or fire code violations of record at the property.

d. The department shall issue such certificate of occupancy upon proof that said dwelling conforms in all respects to the requirements of this chapter and all local housing, building and fire codes for the use of dwelling units for other than permanent residence purposes.  If no such certificate of occupancy is issued within two years after the effective date of this subdivision or, if applicable, within the time as extended by the department or as further extended by the board of standards and appeals, all use of dwelling units for other than permanent residence purposes shall thereafter cease.

e. If after a certificate of occupancy is issued pursuant to paragraph d of this subdivision, the use of such dwelling units for other than permanent residence purposes is discontinued, nothing in this subdivision shall be construed to limit the application of the local zoning resolution with respect to such discontinuance.

1. This section shall apply to all multiple dwellings, whenever constructed, provided however, that for the purposes of this section the term “multiple dwelling” shall also include any dwelling accommodation used as a temporary or permanent residence located in any building owned as a condominium or cooperative.

2. (a) The owner of every multiple dwelling to which the provisions of this section apply shall equip each apartment or other separate living unit in such multiple dwelling with approved and operational smoke detecting devices in conformity with the state fire prevention and building code; provided, however, that any multiple dwelling not subject to the provisions of such code may, in the alternative, be equipped with battery-operated smoke detecting devices of a type accepted by the division of housing and community renewal.

(b) In hotels and other class B multiple dwellings, and in any portion of a class A multiple dwelling used for single room occupancy, at least one smoke detecting device shall be located within each room used for sleeping purposes.  In any other multiple dwelling or portion thereof, there shall be at least one smoke detecting device located within each apartment or separate living unit, in an area so that it is clearly audible in each bedroom or other room used for sleeping purposes, with intervening doors closed; provided, however, that no smoke detecting device be located more than ten feet from the entrance to any bedroom or other room used for sleeping purposes.

(c) Each smoke detecting device shall include a test device to permit the occupant to readily determine if it is operational.

(d) In addition to complying with the provisions of this section, the type, location, number, and manner of installation of smoke detecting devices shall be in accordance with standards prescribed by the state fire prevention and building code council.

3. (a) With respect to class A multiple dwellings, other than any portion of any such dwelling used for single room occupancy, and notwithstanding the provisions of section seventy-eight or any other provision of this chapter, or of any law or requirement, state or local, the duties of the owner and tenant with respect to smoke detecting devices installed pursuant to this section shall be as provided in subdivisions four and five of this section.

(b) With respect to a class B multiple dwelling, or any portion of a class A multiple dwelling used for single room occupancy, the provisions of subdivision five of this section shall not apply, and smoke detecting devices installed as required by this section shall be subject to the provisions of section seventy-eight of this chapter.

(c) The owner of every multiple dwelling shall keep such records as the state fire prevention and building code council shall prescribe relating to the installation and maintenance of smoke detecting devices in the building and make such records available to any local code enforcement official on request.

4. In addition to initially providing and installing the smoke detecting devices, the owner shall:

(a) replace within thirty days after the receipt of written notice any such device which becomes inoperable within one year of the installation of such device due to a defect in the manufacture of such device and through no fault of the occupant of the apartment or other unit;

(b) upon the occurrence of a vacancy, replace or properly equip any such device which has been removed or rendered inoperable, so as to provide operational smoke detecting devices for any new tenant; and

(c) notify tenants in writing, individually or through posting of a notice in a common area of the building, of the respective duties of owners and tenants under this section.

5. Except as provided in paragraph (b) of subdivision three of this section, the tenant shall keep and maintain any smoke detecting device installed pursuant to this section in good repair and replace any such device which becomes inoperable during his occupancy.

6. An owner need not furnish or install a smoke detecting device where one has already been installed, provided that (a) the type of such device and the manner of its installation comply with the provisions of this section and the standards prescribed by the state fire prevention and building code council, (b) the existing device is tested and found to be operational, and (c) the existence of such device in lieu of an owner-furnished device is noted on the records kept by the owner pursuant to paragraph (c) of subdivision three of this section.

7. This section shall not apply within cities with a population of one million or more, provided however, any local law in such cities relating to smoke detecting devices shall provide for the installation and maintenance of smoke detecting devices in dwelling accommodations located in buildings owned as condominiums or cooperatives.

Title 3 Sanitation and Health

1. In every multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine, where space is provided for cooking there shall be in every apartment a proper sink with running water and with a two-inch waste and trap.

2. The owner of every multiple dwelling shall provide proper appliances to receive and distribute an adequate supply of water, to and in every apartment or suite of rooms at all times of the year, during all hours.  Failure in the general supply of water from the street service main shall not be construed as a failure on the part of the owner, if suitable appliances to receive and distribute such water have been provided in the dwelling.

3. For dwellings three or more stories in height erected on or after April eighteenth, nineteen hundred twenty-nine, and for all dwellings erected after January first, nineteen hundred fifty-one, such supply shall include both hot and cold water at all times of the year, during all hours, except that hot water service shall not be required by this section in a dwelling erected before April eighteenth, nineteen hundred twenty-nine, if the owner establishes to the satisfaction of the department that such service was not furnished or required before such date.

4. No multiple dwelling shall be erected unless it is connected with a street service water main.

5. No required sink shall be placed within any water-closet compartment or within any bathroom containing a water-closet.

1. General requirements.  This section shall apply to all dwellings whenever erected or converted except as herein provided.

a. No water-closet shall be installed, kept or maintained in any yard, court or other open space, and every water-closet or other receptacle to receive fecal matter, urine or sewerage, located in any such yard, court or other open space, shall be completely removed, and the place where they were located shall be disinfected under the direction of the department.

b. No water-closet shall be installed, kept or maintained in a cellar or basement unless it is provided for lawful cellar or basement living rooms, or is supplementary to the required water-closet accommodations.

c. No water-closet shall open directly into any kitchen or kitchenette in a multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine.

d. Every water-closet compartment shall be at least two feet four inches in clear width and, except in a general toilet or bathroom, shall be enclosed with partitions which shall extend from the floor to the ceiling and which shall be plastered or tiled or covered with similar materials approved by the department.

e. The floor of every such compartment, bathroom or general toilet room shall be made waterproof with material approved by the department, and such waterproofing material shall extend six inches or more above the floor, except at doors.

f. The use of drip trays is unlawful.

g. No plumbing fixture or water-closet shall be enclosed wholly or in part with woodwork.

h. Every water-closet compartment, bathroom and general or public toilet room, and every other room containing one or more water-closets or urinals, except as specifically provided otherwise in this section, shall have at least one window opening upon a street or lawful court, yard, or space above a setback.  Every such window shall be at least three square feet in area and shall be made so that half its area can be readily opened.

i. No window shall be required when each such compartment, bathroom or general toilet room is located on the top story or underneath the bottom of a lawful shaft or court and is lighted and ventilated in either case by a skylight the roof of which contains at least three square feet of glazed surface and is arranged to be readily opened.

j. In lieu of a required window or skylight, it shall be lawful to install a system of ventilation, approved for construction and arrangement by the department, for water-closet compartments used for the business portions of any dwelling or for compartments containing water-closets, bathrooms or general toilet room in any dwelling.  Such system of ventilation shall be maintained and operated continuously to provide at least four changes per hour of the air volume of each such water-closet compartment, bathroom or general toilet room daily from seven o'clock in the morning until seven o'clock at night in any business parts of such dwelling and from six o'clock in the morning until midnight in all parts used for dwelling purposes.

k. Every water-closet compartment or bathroom shall be provided with electricity and fixtures to light the same properly.

l. In a fireproof dwelling in which two or more rooms, all of which open directly upon the same public hall, are occupied exclusively by persons employed by the tenants thereof, there shall be provided for the occupants of such rooms and accessible therefrom directly or through such public hall, at least one water-closet compartment for the first four such rooms or fraction thereof and at least one additional water-closet compartment for each additional seven such rooms or fraction thereof, and no further water-closet accommodations for such rooms shall be required.

m. Water-closets may be placed together in a general toilet room provided they are supplementary to required water-closet accommodations or are solely for the use of business portions of the dwelling.

n. Except as herein provided if any living rooms in a fireproof dwelling open directly upon a public hall without any intervening room, foyer or passage, or if any suites of two living rooms in such a dwelling open upon a foyer giving direct access to a public hall, only one water-closet compartment shall be required for every three such living rooms on each story.  Every such water-closet compartment shall be accessible to one or more of said rooms without passage through a public hall or any bedroom.

2. Class A dwellings.

a. Every apartment in a class A dwelling, except old-law tenements, shall be provided with a water-closet which be placed in a compartment completely separated from any other water-closet.

b. Every apartment in a class A dwelling, except old-law tenements, shall also contain a bath, which may be in a separate compartment or together with the water-closet in a bathroom.  There shall be access to at least one such compartment or bathroom from every bedroom without passing through any other bedroom.

3. Class B dwellings.

a. The requirements of paragraph n, of subdivision one of this section shall not apply to a fireproof class B dwelling, every living room of which, except those used only by employees employed exclusively in the management and maintenance of such dwelling, has direct access to a public hall without passing through any other room, foyer or private hall and in which water-closet accommodations are provided in accordance with the provisions of this subdivision.

b. In such a fireproof dwelling there shall be on each story upon which there is any living room at least two water-closet compartments for the first twenty such living rooms or fraction thereof and at least one additional water-closet compartment for each additional fifteen such living rooms or fraction thereof, and no further water-closet accommodations for such rooms shall be required.

c. There shall be on each story of such fireproof dwelling, in addition to the water-closet accommodations required in paragraph n of subdivision one hereof, at least one water-closet compartment for every fifteen living rooms or fraction thereof not having access to a water-closet compartment without passage through a public hall or bedroom, and every such room shall have access to such a compartment through a public hall.  If two or more such compartments be required on any story by the provisions of this paragraph, they may be placed in a general toilet room.

d. For every urinal supplied on any story of such fireproof dwelling on which seventeen rooms or more are occupied exclusively by males, one water-closet compartment less than the number otherwise required may be provided on such story; except that the number of water-closet compartments on such story may not be reduced to less than three-quarters of the number otherwise required.

e. The water-closet compartments on each story of such a dwelling shall be accessible from every living room on the story.  Such compartments may be placed in one or more general toilet rooms.

f. In a non-fireproof class B dwelling there shall be at least one water-closet compartment and one wash basin for every seven sleeping rooms and there need not be more than the number except that there shall be at least one on each story.  At least one such water-closet compartment and one wash basin on each story of such dwelling shall be accessible from every living room on the same story.

4. Converted dwellings.

a. Every apartment in a class A converted dwelling shall be provided with a water-closet which shall be placed in a compartment or bathroom within each apartment completely separated from any other water-closet.  Every such apartment shall also contain a bath or shower and a wash basin.

b. In every class B converted dwelling there shall be at least one water-closet compartment on any floor containing any room used for class B occupancy and at least one bathroom or shower room and one wash basin for every six persons and for any remainder of less than six persons who may lawfully occupy any room or rooms for class B occupancy.

(c) Additional required water-closets and wash basins which are installed in order to comply with the provisions of this paragraph whether provided separately or in combination, shall be in a compartment separate and apart from every bath or shower required under the provisions of paragraph b, and each such additional required bath or shower shall be in a compartment separate and apart from every water-closet and wash basin required under the provisions of paragraph b, except that any such additional required water-closet, bath or shower or wash basin may be included in a single compartment containing any or all of such facilities, if such compartment is accessible only from or only within a room, apartment or suite of rooms and the occupant or occupants of such room, apartment or suite are exclusively entitled to use all such facilities contained in such compartment.

5. Old-law tenements.  In every old-law tenement there shall be provided for the exclusive use of each family at least one water-closet compartment located within the dwelling.  Such compartment shall be constructed and ventilated as approved by the department but such compartment shall be located on the same story as that on which the apartment occupied by each such family is situated and shall be equipped with lock and key.  The provisions of this subdivision shall not apply (a) to any dwelling which the department of city planning certifies is in an area to be acquired for a public improvement and for which a request for acquisition has been submitted to the board of estimate by a public agency; or (b) to any dwelling in an area for which an urban renewal plan has been submitted to the planning commission, as provided in section five hundred five of the general municipal law, if the planning commission shall certify that compliance with the provisions of this subdivision would be inconsistent with the plan; or (c) for which a demolition permit has been or shall be issued by the municipality pursuant to local law or ordinance.  The exemption provided in (a), (b), and (c) of this subdivision shall be valid for a period of six months after the date of the acquisition request or the date of the submission of the urban renewal plan to the commission or the date of the issuance of the demolition permit as the case may be.  Such exemption may be extended from time to time by the department provided, however, that such exemption shall not extend beyond November first, nineteen hundred sixty-five.

6. Single room occupancy.

a. Every apartment used for single room occupancy shall have at least one bath or shower, one wash-basin and one water-closet for each six adult persons who may lawfully occupy the rooms in such apartment as provided in section two hundred forty-eight, and for any remainder of less than six persons.  If additional baths or showers or water-closets are installed within an apartment in order to comply with the provisions of this paragraph each water-closet shall be in an enclosure separate and apart from every bathroom or shower room and each bath or shower shall be in an enclosure separate and apart from every water-closet.

b. There shall be access to each required water-closet and bathroom without passing through any sleeping room, except that any water-closet, wash-basin or bathroom which connects directly with any sleeping room shall be deemed to be available only to the occupants of such room and shall not be included in the computations for the required number of water-closets and bathrooms.

7. Saving clause.  No change need be made in the number, construction, arrangement, lighting or ventilation of water-closet compartments, bathrooms or general toilet rooms in any portion of any dwelling if the number, construction, arrangement, lighting or ventilation of such water-closet compartments, bathrooms or general toilet rooms was lawful on July first, nineteen hundred sixty-one.

1. In every multiple dwelling all liquid or water-borne waste from plumbing fixtures shall be conveyed by a house drain and house sewer to a street sewer or to a combined street storm-water main and sewer, unless no such sewers are available.  It shall be unlawful to erect a multiple dwelling which is to be occupied by five families or more unless a connection is made with a street sewer or combined street storm-water main and sewer.

2. For every multiple dwelling where neither kind of sewer is available, provision shall be made for disposing of such waste as may be required by local law.

3. All roofs, terraces, shafts, courts, areas and yards in every multiple dwelling shall be properly graded, drained and connected with a street storm-water main or combined sewer and street storm-water main so that all storm water may pass freely into it, except that where no street storm-water main or combined sewer and street storm-water main exists, the department may permit the storm water from such areas and spaces to drain into a street gutter which leads to a natural channel or water course, or into a dry well.  When required by the department, the shafts, courts, areas and yards shall be properly concreted.  Every roof shall be so drained that all storm water shall be conveyed therefrom in a manner that will prevent dripping to the ground or the causing of dampness in walls, ceilings, yards, shafts or areas.  Nothing 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.

4. The owner of every multiple dwelling or part thereof shall thoroughly cleanse and keep clean at all times, and in good repair, the entire plumbing and drainage system including every water-closet, toilet and sink and every other plumbing fixture therein.

5. Whenever the plumbing, sewerage or drainage of any multiple dwelling or part thereof or of the lot on which it is situated is in the opinion of the department in a condition or in its effect dangerous to life or health, the department may order or cause any such plumbing, sewerage or drainage to be purified, cleansed, disinfected, removed, altered, repaired or improved, or, as provided in section three hundred nine, take such other action as it may deem necessary to remove such danger to life or health.

1. Every multiple dwelling, including its roof or roofs, and every part thereof and the lot upon which it is situated, shall be kept in good repair.  The owner shall be responsible for compliance with the provisions of this section; but the tenant also shall be liable if a violation is caused by his own wilful act, assistance or negligence or that of any member of his family or household or his guest.  Any such persons who shall wilfully violate or assist in violating any provision of this section shall also jointly and severally be subject to the civil penalties provided in section three hundred four.

2. Whenever, the light, ventilation, or any matter or thing in or about a multiple dwelling or part thereof, or in or about the lot on which it is situated, is in the opinion of the department in a condition or in its effect dangerous to life or health, the department may order or cause any such light, ventilation, matter or thing to be repaired or improved or, as provided in section three hundred nine, take such other action as it may deem necessary to remove such danger to life or health.

1. Every multiple dwelling exceeding two stories in height and erected after April eighteenth, nineteen hundred twenty-nine, and every garden-type maisonette dwelling project erected after April eighteenth, nineteen hundred fifty-four, shall be provided with heat.  On and after November first, nineteen hundred fifty-nine, every multiple dwelling shall be provided with heat or the equipment or facilities therefor.  During the months between October first and May thirty-first, such heat and the equipment or facilities shall be sufficient to maintain the minimum temperatures required by local law, ordinance, rule or regulation, in all portions of the dwelling used or occupied for living purposes provided, however, that such minimum temperatures shall be as follows: (a) sixty-eight degrees Fahrenheit during the hours between six o'clock in the morning and ten o'clock in the evening, whenever the outdoor temperature falls below fifty-five degrees Fahrenheit, notwithstanding the provisions of paragraph a of subdivision four of section three of this chapter, and (b) at least fifty-five degrees Fahrenheit during the hours between ten o'clock in the evening and six o'clock in the morning, whenever the outdoor temperature falls below forty degrees Fahrenheit.  Nothing in this section shall be deemed to relieve any owner of the duty of providing centrally supplied or other approved source of heat prior to November first, nineteen hundred fifty-nine in any case where such heat is required by this chapter or any other law, ordinance, rule or regulation to be supplied in a dwelling prior to said date.  The heating system in dwellings used for single room occupancy shall be in conformity with the requirements of section two hundred forty-eight.

2. The provisions of subdivision one shall not apply to any dwelling (a) which is located in a resort community and is rented or occupied on a seasonal basis between April fifteenth and October fourteenth during any calendar year and is not occupied for living purposes during the remainder of such year, except that occupancy of any such dwelling by the family of a caretaker thereof or by the family of the owner thereof during the remainder of the year shall be permitted; or (b) which the department of city planning certifies is in an area to be acquired for a public improvement or for development or redevelopment and for which (1) a request for acquisition has been submitted to the mayor by a public agency or (2) a plan for a development or redevelopment project has received preliminary or first approval of the city planning commission; or (c) for which a demolition permit has been or shall be issued by the municipality pursuant to local law or ordinance.

3. The exemption provided in subdivisions two (b) and two (c) of this section shall be valid for a period of six months after the date of the approval of the slum clearance or urban renewal plan or the date of such certification or the date of the issuance of the demolition permit, as the case may be, but such exemption may be extended from time to time by the department provided, however, that such exemption shall not extend beyond November first, nineteen hundred sixty-one.

1. The owner shall keep all and every part of a multiple dwelling, the lot on which it is situated, and the roofs, yards, courts, passages, areas or alleys appurtenant thereto, clean and free from vermin, dirt, filth, garbage or other thing or matter dangerous to life or health.

2. The owner of every multiple dwelling or part thereof shall thoroughly cleanse and keep clean at all times, to the satisfaction of the department, every public or service part thereof, including every room, passage, stair, floor, window, door, wall, ceiling, water-closet or toilet compartment, cesspool, drain, hall and cellar in such public or service part.

3. All carpets and rugs which are permitted in any public part of a multiple dwelling shall be taken up and cleaned by the owner at least once a year or as much oftener as the department shall deem necessary.

4. The interior surfaces of walls throughout every part of every multiple dwelling, whether in public or in tenant-occupied parts, shall be painted or papered and the ceilings kalsomined or painted by the owner.  The walls and ceilings shall be rekalsomined, repapered or repainted by the owner whenever necessary to keep the said surfaces in a sanitary condition.  No wall paper shall be placed upon such a wall or ceiling surface unless all existing wall paper shall be first removed therefrom and such wall or ceiling thoroughly cleaned and repaired.

5. Any tenant shall be punishable as provided in section three hundred four for the existence of conditions in violation of the provisions of this chapter within his apartment to the extent that such conditions are caused by him, by members of his family or by his guests, and are under his control; but this provision shall not be construed to relieve the owner of any liability or duty under this section, except where a violation is caused and continued solely by the tenant or those under his control.

6. Every dwelling erected after January first, nineteen hundred forty-seven, shall be so constructed as to be rat-proof.  The agency of a city authorized by law to make rules supplemental to laws regulating construction, maintenance, use and area of buildings shall have the power to make rules and regulations to supplement the requirements of this subdivision.

1. The owner of every multiple dwelling shall provide proper and suitable conveniences or receptacles for ashes, rubbish, garbage, refuse and other waste matter and shall arrange for the removal of such waste matter daily.

2. No person shall place ashes, garbage, rubbish, filth, urine or fecal matter in any place in a multiple dwelling other than the place provided therefor, or keep any such matter in his apartment or upon his premises such length of time as to create a nuisance as defined in section three hundred nine.

In every apartment of three or more rooms in every class A multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine, there shall be access to every living room and bedroom without passing through any bedroom.
Whenever there are thirteen or more families occupying any multiple dwelling and the owner does not reside therein, there shall be a janitor, housekeeper or some other person responsible on behalf of the owner who shall reside in said dwelling, or within a dwelling located within a distance of two hundred feet from said dwelling, and have charge of such dwelling, except that where two or three multiple dwellings are connected or adjoining, one resident janitor shall be sufficient.  In every garden-type maisonette dwelling project erected after April eighteenth, nineteen hundred fifty-four, adequate personnel shall be provided for the lawful care and maintenance of such project.
On or before January first, nineteen hundred sixty-nine, the department shall formulate, adopt, promulgate and thereafter from time to time amend standards of sound retardation for the walls, partitions and floors and ceilings between apartments and between apartments and public spaces situated therein based on the direct measurement of sound transmission loss determined in decibels for various frequencies or in accordance with the ASTM sound transmission class system or in accordance with such other recognized method or system for measuring reduction of sound transmission as the department may determine to be appropriate.  Any construction of a multiple dwelling commenced after January first, nineteen hundred seventy shall comply with the standards promulgated pursuant to this section in effect at the time of commencement of such construction.
Resources