The provisions of this article shall apply to fireproof multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine, and to such dwellings only.  They shall apply to all such fireproof dwellings unless their application is expressly limited to dwellings of a particular class.  They shall apply in addition to, and not in substitution for, the provisions of article three.

Title 1 Fire Protection

1. Every such dwelling exceeding six stories or seventy-five feet in height shall be fireproof.  No multiple dwelling shall be altered so as to exceed either of such heights without being made fireproof.

2. In a fireproof multiple dwelling the walls, floors, roof, stairs and public halls shall all be fireproof except as provided in subdivision three.  No beams, lintels or other structural members shall be of wood.  No wood or other inflammable material shall be used in any of the partitions, furrings or ceilings.  For the portion of a multiple dwelling more than one hundred fifty feet above the curb level, no wood shall be used except as provided in subdivision three and except for interior trim of windows.

3. The foregoing requirements shall not be construed as prohibiting:

a. Elsewhere than within, or in the openings to, the public halls, stairs and shafts, the use of wood for sleepers, grounds, nailing blocks, underflooring, finish flooring, interior doors with their assemblies and saddles, floor base not more than one foot in height, picture and wall moulding, shelving, closet and kitchen fixtures, cupboards, cabinets and wardrobes.

b. The use of wood for windows and for interior trim and finish backed solidly against, or filled with, incombustible material when located not more than one hundred fifty feet above the curb level and elsewhere than within, or in the openings to, the public halls, stairs and shafts.

c. The use within apartments of wood for decorative wall panelling, wainscoting, mantels or other interior finish, and the use in an entrance hall of wall panelling or wainscoting made of fireproof wood or other material capable of successfully withstanding standard fire tests prescribed in the local building code and in a manner approved by the department.

d. Where fireproof doors are required, the use for such doors, with their assemblies and saddles, of material and construction capable of successfully withstanding a one-hour standard fire test prescribed in the local building code and in a manner approved by the department.  Should any door required to be fireproof be found to have deteriorated so that it shall after installation fail to conform to the standard fire tests prescribed, such door shall be removed by the owner and replaced by him with a door capable of successfully withstanding such tests.

4. All materials combustible in their natural state which are constructed, processed or protected so that they will not support combustion shall, before being installed in a multiple dwelling for any of the uses herein specified, be permanently identified by label or marking with the name of the manufacturer and the year of manufacture in a manner approved by the department.

5. When required to be fireproof, any outer wall or any wall or partition which carries any load in addition to its own weight shall, unless otherwise in this chapter expressly required, be constructed of materials capable of successfully withstanding a four-hour standard fire test prescribed in the local building code and in a manner approved by the department.  When required to be fireproof, any wall or partition which carries only its own weight, other than an outer wall, shall be constructed of materials capable of successfully withstanding a one-hour standard fire test prescribed in the local building code and in a manner approved by the department.

1. Except as otherwise specifically provided in subdivisions three and four and in paragraphs b to j inclusive of subdivision six, every multiple dwelling which exceeds two stories in height shall have at least two fire-stairs.  Such fire-stairs shall extend from the entrance story to the roof and be equipped with fireproof self-closing doors glazed with wire glass and without transoms.  No windows shall be required in such stairs, but any openings in exterior walls, except any window openings facing a street or yard, shall be equipped with fireproof frame and sash glazed with wire glass.  Entrances to such fire-stairs shall be at least fifteen feet distant from each other and from the entrance to every other fire-stair or fire-tower, except that the distance between two such entrances may be less if they are on opposite sides of an elevator vestibule or other public hall or are separated by an elevator shaft.  The doors giving access to such stairs shall not be held open by any device whatever.

2. Every such fire-stair shall have an entrance on the entrance story from a street or an entrance at the side or rear of the dwelling from a yard, court or passageway having continuous, safe and unobstructed access to a street.  Except as otherwise expressly provided in paragraphs b to j inclusive of subdivision six, in a dwelling not exceeding one hundred twenty-five feet in height every stair, fire-stair and fire-tower shall be at least three feet in clear width, and where only one fire-stair or fire-tower is required such fire-stair or fire-tower shall be at least three feet eight inches in clear width.  In a dwelling exceeding one hundred twenty-five feet in height every required fire-stair shall be at least three feet eight inches in clear width from the entrance story up to a floor level not more than one hundred feet below the ceiling of the highest story, and above such level every fire-stair shall be at least three feet in clear width.  Every stair landing at every floor level shall be at least three feet eight inches in clear width in every direction.

3. Except in dwellings erected under plans filed with the department before April twenty-eighth, nineteen hundred thirty, and except as otherwise provided in paragraphs b to j inclusive of subdivision six there shall be horizontal access from every apartment to at least two fire-stairs, at least one of which shall be within seventy-five feet horizontally in the line of travel from a required means of egress from such apartment.

4. Except as provided in paragraphs b, c and d of subdivision six, a fire-tower may be substituted for any required fire-stair.  When a fire-tower is substituted for a fire-stair, such fire-tower shall comply with all the applicable requirements for the fire-stair it replaces and shall have its means of egress directly to a street or to a yard or court having direct, unobstructed access to a street without passing through any entrance hall; except that a fire-tower may have its means of egress into a public vestibule if such means is not more than fifteen feet from a street in the line of travel.

5. The stairs in a tower or dwelling containing a passenger elevator and meeting the conditions of paragraphs f, g or h of subdivision six may conform to the provisions of such paragraph and paragraph i of such subdivision in lieu of the different provisions which would otherwise be applicable thereto.

6. Under the special conditions described in paragraphs a to j inclusive and in the following table, which applies only to class A dwellings, stairs shall conform to the applicable provisions of such paragraphs and table.

CLASS A DWELLINGS

(For Class B See Paragraph J)

Para-
graph

Maximum height of dwellings in stories

Limitation as to area or section

Maximum number of rooms on each story above the entrance story

Maximum number of apartments on each story above the entrance story

Total number of rooms above the entrance story

Total number of apartments above the entrance story

Number of stairs
required

Required width of stairs

Maximum distance from apartment door to at least one fire-stair

40

unlimited

unlimited

unlimited

2

If building does not exceed 125′ in height,3′0″; if building exceeds 125′ in height 3′0″ at top 3′8″ 100 ft or more below highest ceiling

a

unlimited

none

50

unlimited

unlimited

unlimited

2

one stair as above other 4′6″ and 5′6″ at corresponding heights

75 feet

60

unlimited

unlimited

unlimited

3

3′0″ at top

80

unlimited

unlimited

unlimited

4

3′8″ 100 ft.

100 etc.

unlimited

unlimited

unlimited

5 etc.

or more below highest ceiling

b

6

none

20

6

100

30

1

3′0″

25 feet

c

6

none

20

unlimited

100

unlimited

1

3′8″

30

unlimited

150

unlimited

1

4′6″

50 feet

d

6

none

25

8

125

40

1

3′8″

25 feet

15

unlimited

unlimited

unlimited

2

one 3′8″

applies

one 2′4″

f

unlimited

only to

two 3′8″

25 feet

tower

30

unlimited

unlimited

unlimited

3

one 2′4″

area

three 3′8″

45 etc.

unlimited

unlimited

unlimited

4 etc.

one 2′4″ etc.

g

unlimited

no story over 2500 sq. ft. in area

15

unlimited

unlimited

unlimited

2

one 3′8″
one 2′4″

25 feet

h

unlimited

applies to section separated from
others by
unpierced

10

unlimited

unlimited

unlimited

2

one 3′8″

25 feet

fireproof construction from second
story to roof

15

3

one 2′4″

a. Except as otherwise expressly provided in this paragraph and in paragraphs b to j inclusive of subdivision six, if the number of living rooms on any story above the entrance story exceeds forty, there shall be an additional fire-stair for each twenty living rooms or fraction thereof in excess of forty on any story above the entrance story.  Such an additional fire-stair shall not be required if the number of living rooms on no story above the entrance story exceeds fifty and in addition the clear width of one fire-stair is at least one and one-half times the width specified for a fire-stair in subdivision two, the clear width of every public hall connected with such fire-stair is at least one and one-half times the width specified for a public hall in section one hundred seven and the clear width of every entrance hall connected with such fire-stair is at least one and one-half times the width specified for an entrance hall in section fifty.  Any additional fire-stair constructed pursuant to this paragraph need not be carried to a greater height than the level of a roof, or of a terrace formed by a setback, above the highest story on which the number of rooms requires such additional stair.  When any fire-stair terminates at the level of a setback of any outer wall, such setback shall form a terrace at least four feet in depth measured between the inside of the parapet wall and the wall of the dwelling and at least ten feet in length measured parallel to the wall of the dwelling.

b. In a class A dwelling or section thereof not exceeding six stories in height, for which plans shall have been filed in the department before September first, nineteen hundred fifty-one, only one stair shall be required, provided the number of apartments having access to such stair on each story does not exceed six and the aggregate number of living rooms in such apartments does not exceed twenty, except that the total number of rooms above the first story shall not exceed one hundred and the total number of apartments above the first story shall not exceed thirty.  Such stair shall in addition comply with all the provisions of section one hundred forty-eight relating to stairs in non-fireproof dwellings, except that in lieu of a window such stair may have at each story an opening to a street or to a lawful yard or court other than a court on a lot line.  Such opening shall be at least forty square feet in area and five feet in width, and shall be furnished with a properly secured guard railing at least five feet in height and approved by the department.  Such opening shall be kept continuously open to the outer air.  No means of egress from any apartment to such stair shall be more than twenty-five feet distant therefrom.

c. In a class A dwelling or section thereof not exceeding six stories in height only one stair shall be required, provided the number of living rooms on any story above the entrance story does not exceed twenty.  If the number of living rooms on any story or section thereof above the entrance story exceeds twenty, there shall be an additional stair for each twenty rooms or fraction thereof on any such floor or section in excess of twenty, except that if the number of living rooms on no such story or section above the entrance story exceeds thirty, in lieu of an additional stair one stair and every public hall connected therewith may be four feet six inches in clear width.  Such stair shall be completely separated from every other stair, fire-stair, fire-tower, public hall and shaft by fireproof walls.  Doors to stairs, fire-stairs and fire-tower balconies from any public hall in such a dwelling or section shall be at least three feet wide, self-closing and fireproof, with their assemblies also fireproof.  The panels of every such door shall be glazed with clear wire glass and no pane thereof shall exceed three hundred sixty square inches in area.  Those portions of the enclosure partition which separate the public hall from the stair shall be glazed with wired plate glass at least one-quarter inch in thickness, with no pane more than three hundred sixty square inches in area, so as to provide so far as practicable an unobstructed view of the stair from each public hall.  Glass panels shall be at least twelve inches and not more than sixteen inches above the floor of the public hall.  Public halls providing access to any such enclosed stair shall be lighted and ventilated as prescribed for non-fireproof dwellings in section one hundred forty-nine.  No means of egress from any apartment to such a stair shall be more than fifty feet distant therefrom.

d. In a class A dwelling or section thereof not exceeding six stories in height only one stair shall be required, provided the number of apartments having access to such stair at each story does not exceed eight and the aggregate number of living rooms in such apartments does not exceed twenty-five, except that the total number of living rooms above the first story shall not exceed one hundred twenty-five and the total number of apartments above the first story shall not exceed forty.  No means of egress from any apartment to such stair shall be more than twenty-five feet distant therefrom.  Doors and stair enclosures shall conform to the provisions of paragraph c.

e. In a dwelling conforming to the provisions of paragraph b, c or d the lowest story may be designated as a basement if such story is not used for living purposes but is used solely for storage or other general utility purposes accessory to the occupancy, use and management of the dwelling.  Such a basement shall not be deemed a story in computing the height of the dwelling.

f. Every tower erected pursuant to plans on or after December fifteenth, nineteen hundred sixty-one in a fireproof dwelling shall be provided with at least one passenger elevator.  Such elevator shall be operated between the ground story and the highest story of such tower containing any living room and horizontal access thereto shall be provided at each story for every apartment in the tower.  Stairs in such a tower may comply with the following provisions of this paragraph in lieu of the different provisions otherwise applicable.  In such case there shall be provided at least one fire-stair.  If there are more than fifteen living rooms on any story of the tower, there shall be an additional fire-stair for each additional fifteen such rooms or fraction thereof.  Every fire-stair so required shall extend from the top story of the tower to the entrance hall of the dwelling and be horizontally accessible from each story of every apartment in the tower.  If the tower was erected under plans filed with the department on or after April twenty-eighth, nineteen hundred thirty, it shall also have an additional means of egress as provided in paragraph i of this subdivision.

g. In a dwelling in which one or more passenger elevators are operated with horizontal access from every apartment in the dwelling and in which every story has an area of not more than twenty-five hundred square feet exclusive of elevator shafts, public halls, stairs and fire-stairs and contains not more than fifteen living rooms, stairs may comply with the provisions of this paragraph in lieu of the different provisions otherwise applicable.  In such case there shall be at least one fire-stair, and there need not be more than one, accessible from each apartment on each story and extending from the roof to the entrance story with unobstructed access to a street.  If the dwelling was erected under plans filed with the department on or after April twenty-eighth, nineteen hundred thirty, it shall also have an additional means of egress as provided in paragraph i.

h. When a dwelling is divided into sections by unpierced fireproof construction extending from the second tier of beams above the ground story to the roof, and one or more passenger elevators are operated in each such section with horizontal access from each apartment therein, and every story of each such section above the entrance story contains not more than ten living rooms where there are four or more apartments on such story or not more than fifteen living rooms where there are three apartments or less on such story, stairs may comply with the provisions of this paragraph in lieu of the different provisions otherwise applicable.  In such case there shall be in each such section at least one fire-stair, and there need not be more than one, extending from the roof to the entrance story with unobstructed access to a street.  If the dwelling was erected under plans filed with the department on or after April twenty-eighth, nineteen hundred thirty, each such section shall also have an additional means of egress as provided in paragraph i.

i. The main means of egress from every apartment in a tower or dwelling erected pursuant to the provisions of paragraph f, g, or h shall be within twenty-five feet of a fire-stair meeting the requirements of such paragraph.  If the tower or dwelling was erected under plans filed with the department on or after April twenty-eighth, nineteen hundred thirty, egress shall also be provided, in addition to the required fire-stairs, by means of another stair extending from the main roof of the dwelling, or in the case of a tower from the highest story thereof, to the entrance story, with unobstructed access to a street.  Such additional stair shall be horizontally accessible from each apartment at each story through a vestibule or other public hall and shall conform with all the requirements for a fire-stair except that its clear width may be reduced to a minimum of twenty-eight inches, its risers may be increased to a maximum of nine inches in height, and its treads, exclusive of nosing, may be reduced to a minimum of eight inches in width.  No door giving access thereto shall swing into such stair.

j. A class B dwelling in which at least eighty per centum of the living rooms above the second story open directly upon a public hall without any intervening foyer or private hall, shall have at least two fire-stairs accessible at each story from each room through a public hall.  Such fire-stairs shall be so located that at least one fire-stair shall be not more than one hundred twenty-five feet along the line of travel from the means of egress from any living room.  Every such fire-stair shall have a clear width of at least three feet eight inches.  Two such fire-stairs shall be deemed adequate for seventy living rooms on any story.  For each thirty-five living rooms or fraction thereof in excess of seventy on any story there shall be one additional fire-stair; except that if such fractional excess number of living rooms is not more than twenty per centum of the total number of living rooms provided for by the required two fire-stairs and one additional fire-stair for each thirty-five living rooms, if any, in excess of seventy, in lieu of another fire-stair for such fractional excess number of living rooms, the area of every fire-stair landing at such story may be increased by not less than two square feet for each living room of such fractional excess number of living rooms.  In every such dwelling each living room which is occupied by three persons or more shall be counted as one additional room for each four hundred cubic feet or fraction thereof in excess of eight hundred cubic feet in the cubic content of such room.

1. a. Except as provided in paragraph b of this subdivision, there shall be at least one means of egress from each apartment on each and every story of such apartment, and a second means of egress if the first means is not within fifty feet of every living room in such apartment on such story.  When two means of egress are required, they shall open from different rooms.

b. In any class A fireproof dwelling or section thereof erected under plans filed in the department after September first, nineteen hundred fifty-one, an apartment occupying parts of not more than two stories shall have at least one means of egress.  Such required means of egress shall be not more than forty feet from any room within such apartment and shall open directly upon a public hall.  Such public hall shall provide access to at least two fire-stairs.  Any stair within an apartment shall be at least two feet six inches in width and a terminus shall be not more than twenty feet from the door which provides the required egress to public hall, provided, however, that such stair within an apartment shall extend downwards or upwards to the story which provides the required access to at least two fire-stairs.  In the event of but one such means of egress, and if the stair within the apartment extends downwards to provide egress to a public hall, there shall be a balcony upon the upper story of the apartment.  If, however, such stair extends upwards to provide egress to a public hall, the balcony shall be located on the lower story of the apartment.  Such balcony shall provide access from the apartment to a room of an adjoining apartment on the same story.  Such balcony shall be constructed of incombustible material and be capable of sustaining a load of at least eighty pounds per square foot.  Access to such balcony shall not be obstructed by sinks or kitchen fixtures or in any other way, and shall be maintained unobstructed at all times.  Bars, gates, grilles or other obstructing devices on any window or door giving access to or egress from such balcony shall be unlawful.

2. Except as otherwise expressly provided in paragraph b of subdivision six of section one hundred two for certain dwellings six stories or less in height, at least one fire-stair shall be within seventy-five feet of at least one means of egress from each apartment on each story thereof.

3. When any such fire-stair serving any apartment as a required means of egress from the dwelling opens on the entrance story of the dwelling exclusively into an entrance hall, no other fire-stair serving the same apartment as a required means of egress from the dwelling shall open on such story exclusively into the same entrance hall.  Any required fire-stair not opening on such story exclusively into an entrance hall shall open on a street or in a yard, court or passageway affording continuous, safe and unobstructed access to a street; but any such required fire-stair serving any apartment as a means of egress from the dwelling may have a supplementary entrance into the same entrance hall as that into which any other fire-stair serving the same apartment as a required means of egress from the dwelling opens exclusively.

4. When any apartment occupies parts or all of three or more stories, every stair within such apartment leading to the third or any higher story of such apartment shall be enclosed with fireproof partitions with a fireproof door and assembly with the door self-closing at the second story landing of such stair and at every higher story landing from which the stair continues upward within the apartment; or in lieu of such fireproof partitions and doors at least two means of egress from such apartment opening from different rooms shall be provided on the first, third and alternate higher stories, if any, of such apartment.

5. No means of egress from any apartment shall open into any stair, fire-stair or fire-tower required under the provisions of this section except through a vestibule or public hall.

1. Every stair, fire-stair and fire-tower required by this chapter to extend to the level of the roof or to any terrace formed by a setback shall extend to and through a fireproof bulkhead or other fireproof enclosure in such roof or terrace approved by the department.  Such bulkhead or enclosure shall give unobstructed access at all times to such roof or terrace by means of a fireproof door and door assembly with the door self-closing.  Such a door shall never be self-locking and shall be fastened on the inside by movable bolts, hooks or a lock which does not require a key to open from the inside of the dwelling.  Stairs to a bulkhead or enclosure shall have a handrail.  When a dwelling has a pitched or sloping roof with a pitch or slope of more than fifteen degrees, no bulkhead or stair leading thereto shall be required.

2. The roof of any penthouse may for the purpose of this section be deemed part of the main roof if unobstructed access be provided and maintained between all required fire-stair landings on the main roof adjoining such penthouse, on the roof of such penthouse and on the roof of any other penthouse extending above such main roof.  Such unobstructed access, where horizontal, shall be by means of a passage at least three feet in clear width.  It may include one or more stairs necessary to provide access from any penthouse roof to any main roof adjoining such penthouse.  Such stairs shall conform to all the requirements of section fifty-three for stairways of fire-escapes.  There shall be a passageway at least four feet in clear width between such stairs and the parapet wall or guard railing of the main roof.

1. In a dwelling in which one or more passenger elevators are maintained and operated opening upon a public hall at every story, all stairs, fire-stairs and fire-towers shall be completely separated from one another and from every elevator shaft by fireproof walls.  They shall be constructed of fireproof material throughout and shall contain no wood or other inflammable material of any kind, except that handrails of hardwood may be provided.

2. Access to stairs, fire-stairs and fire-tower balconies from any public vestibule or other public hall shall be through fireproof doors and assemblies, with the doors self-closing and at least three feet wide, or through pairs of such doors at least four feet wide, containing in either case a fixed sash glazed with wire glass at least three hundred sixty square inches in area.

3. Every stair hall shall be ventilated by a window, or by movable louvres in the skylight having an opening of at least one hundred forty-four square inches, or by an opening of at least one hundred forty-four square inches near the top of the stair shaft and communicating directly with the outer air.  If a window is provided which does not open upon a street or yard, it shall be fireproof and glazed with wire glass of good quality and have no pane more than three hundred sixty square inches in area.

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

1. Every public vestibule or other public hall shall comply either with the provisions of section one hundred forty-nine for non-fireproof multiple dwellings, so far as applicable, or with the provisions of subdivision two of this section, except that the provisions as to ventilation shall not apply to any part of an entrance hall within sixty feet in a straight line from an entrance door.

2. If such a dwelling does not comply with the applicable provisions of section one hundred forty-nine, it shall comply with all of the following:

a. Every public vestibule or hall shall be everywhere at least three feet eight inches in clear width.

b. Every such public vestibule or hall shall be separated from all other parts of the dwelling by fireproof walls.

c. All openings from such a public vestibule or hall to stairs, fire-stairs, fire-tower balconies, shafts, apartments or suites of rooms shall be protected by fireproof doors and assemblies, with the doors self-closing, except that such doors and assemblies shall not be required in any fireproof class B multiple dwelling for any apartment consisting of one room opening directly upon a public hall or for any apartment of three rooms or less in a college or school dormitory.

d. Such a public vestibule or hall shall not be required to have a window, but if it does not have a window opening to the outer air it shall be equipped for artificial lighting and be properly lighted at all times.

e. Except for that part of an entrance hall within sixty feet in a straight line from an entrance door such a public vestibule or hall without a window to the outer air shall be ventilated to the outer air by means of gravity vent flues at least twelve inches in each dimension or by mechanical means approved by the department.  There shall be at least one vent flue opening of at least twelve inches in each dimension for each one thousand cubic feet of air content of such public vestibule or hall.  Such vent flues shall be continuous for the height of the dwelling and the openings at each story shall be equipped with fire dampers held open by a fusible link at each opening and properly hooded or provided with louvres at the top above the roof.

f. If a window to the outer air is provided in any such public vestibule or hall, such vestibule or hall shall nevertheless be ventilated as provided in paragraph e, except that if such a window has a glazed area of at least twelve square feet and at least one tenth of the superficial floor area of the vestibule or hall, readily accessible to the outer air to the extent of at least five and one-half square feet of its area, no vent flues need be provided within a distance of forty feet from each side of such window.

3. The requirements of this section as to ventilation shall apply to all parts of an entrance hall more than sixty feet distant in a straight line from an entrance door, to all returns or recesses that lead to elevators and extend farther from the hall which they adjoin than four times their width, and to all other returns or recesses from entrance halls that extend farther than their width.

4. Any part of a public hall that is shut off from any other part of such hall by a door or doors shall be deemed a separate hall.

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

Title 2 Sanitation

Interior water-closet compartments and bathrooms contained in fireproof multiple dwellings shall comply with the applicable provisions of section seventy-six.
Water-closets contained in certain class B multiple dwellings shall comply with the applicable provisions of section seventy-six.
Water-closet compartments provided for domestic servants of tenants in multiple dwellings shall comply with the applicable provisions of section seventy-six.

Title 3 Certain Class A Multiple Dwellings Erected Prior to December 15, 1961

1. Notwithstanding any other provision of law to the contrary, within a class A multiple dwelling to which this article 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 section provided that:

a. 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;

b. (1) such dwelling was initially constructed as and identified on its initial certificate of occupancy as “apartment hotel” or “class A hotel” and occupied as a hotel for other than permanent residence purposes on December fifteenth, nineteen hundred sixty-one or, if such dwelling was under construction and not yet complete on such date, was occupied as a hotel for other than permanent residence purposes at the time the dwelling was completed, or (2) such dwelling is in zoning district C5 as designated in the New York city zoning resolution and was initially constructed as a hotel for other than permanent residence purposes prior to December fifteenth, nineteen hundred sixty-one and occupied as a hotel for other than permanent residence purposes on December fifteenth, nineteen hundred sixty-one, or (3) such dwelling (A) is within twelve hundred feet of zoning district C5 as designated in the New York city zoning resolution, (B) was initially constructed as a hotel for other than permanent residence purposes in accordance with a permit that was issued prior to December fifteenth, nineteen hundred sixty-one, and (C) was completed after December fifteenth, nineteen hundred sixty-one and was initially occupied as a hotel for other than permanent residence purposes;

c. such dwelling is of fireproof construction and was of fireproof construction on January first, two thousand nine;

d. 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;

e. such dwelling has operational exist 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

f. 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 section in a form and manner to be provided by such department, including a requirement that the applicant submit certification of compliance with paragraphs d and e of this subdivision, 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 paragraphs a through e of this subdivision.

2. 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 section.  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:

a. 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;

b. all construction authorized by such permit or permits has been substantially completed; and

c. 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 section.

3. Upon application prior to the expiration of the time for obtaining a certificate of occupancy, as extended by the department pursuant to subdivision two of this section, 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.

4. 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 section 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.

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

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