The provisions of this article shall apply to non-fireproof multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine, and to such dwellings only.  They shall apply to all such non-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.  However the provisions of this article shall not apply to a multiple dwelling three stories or less in height to be occupied by not more than three families in all, with a maximum occupancy of two families on each floor in a two story building and one family on each floor in a three story building, provided however that all the provisions of article six are complied with, including section one hundred seventy-a of said article.

Title 1 Fire Protection

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

1. When such a dwelling is more than eighty feet in height measured from the lowest point of the yard or of any curb on which any part of the dwelling faces, whichever is lower, and any room in such dwelling below the level of the highest curb which any part of such dwelling faces is occupied for living purposes as permitted in paragraph f of subdivision one of section thirty-four, the yard at the level of such highest curb shall be set back so as to be at least eight feet greater in depth than the yard below such level unless the yard opens directly upon a street.

2. If such a dwelling is erected upon an interior lot running through from street to street, the wall of the dwelling facing the lowest street shall, at the level of the highest curb on which any part of such dwelling faces, be set back at least eight feet.

3. The setback of the yard or wall required by each of the two preceding subdivisions shall be a fire-terrace.  Nothing herein contained shall be construed to permit a yard of smaller dimensions below the level of such fire-terrace than required by paragraph f of subdivision one of section thirty-four.

4. From each apartment below the level of such highest curb at least one means of egress shall lead directly to such fire-terrace in a manner approved by the department.  Such fire-terrace shall be protected by a guard railing approved by the department, and shall afford safe and unobstructed access either directly to a street or to a covered fireproof passage at least three feet in width and seven feet in height leading directly and without obstruction to a street.

5. In all portions of such dwellings below the level of the highest curb all structural members, partitions, furrings and ceilings shall be constructed of incombustible materials.

6. Apartments may also be occupied for living purposes in cellars and basements in accordance with the provisions of subdivision six of section thirty-four.

1. The first floor above the lowest cellar, or, if there be no cellar, above the lowest story, shall be fireproof or, if the dwelling be three stories or less in height, fire-retarded.  Said first floor shall be unpierced except for a stair leading to a cellar as provided in section one hundred fifty, for lawful pipes, conduits and ducts and for dumbwaiter and elevator shafts.  Any such dumbwaiter and elevator shafts shall be equipped at all openings below the said first floor with fireproof doors and assemblies with the doors self-closing.

2. Whenever the lowest cellar does not extend over more than half the area of the dwelling, that portion of the first floor directly over such cellar and the entire second floor above such cellar shall be constructed as in this section prescribed for the first floor above the lowest cellar.  Whenever the lowest cellar extends over more than half, but not all, of the area of the dwelling, only that portion of the first floor directly over such cellar need be constructed as in this section prescribed for the first floor above the lowest cellar.

1. A dwelling three or more stories in height shall have at least two means of egress extending to the roof from an entrance story, street, court or yard.  The entrances to such means of egress at every story shall be at least fifteen feet distant from each other unless they are on opposite sides of a public hall.  One means of egress shall be a stair constructed as provided in section one hundred forty-eight.  The other means of egress shall be either another such stair or a fire-escape constructed as provided in section fifty-three.

2. If the number of living rooms on any story, or in any section of any story, above the entrance story exceeds twenty, there shall be an additional stair, or fire-stair, extending from the entrance story to the roof for each twenty rooms or fraction thereof on such story or section thereof in excess of twenty, except that no additional stair, or fire-stair, shall be required for such excess on any story or section thereof if the number of living rooms thereon does not exceed thirty and if in addition one stair serving such story or section and every entrance hall or other public hall connected therewith are everywhere four feet six inchs or more in clear width.

3. There shall be accessible from every apartment two means of egress from the dwelling, one of which shall be a stair within fifty feet from a means of egress from such apartment.  For such dwellings erected under plans filed in the department after September first, nineteen hundred fifty-one, such stair shall also be enclosed and comply with the provisions of section one hundred forty-eight.

4. Whenever more than two stairs are required, one or more of such stairs may be fire-stairs or fire-towers, provided that there shall never be more than one such fire-stair or fire-tower for each two other required stairs.

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

1. There shall be at least two means of egress from every apartment or suite.  Such means shall be remote from each other.  Except where it opens into a stair as permitted in subdivision three, one means shall be to a public hall connecting with a stair, fire-stair or fire-tower, not more than fifty feet distant from such means.  In dwellings erected under plans filed in the department after September first, nineteen hundred fifty-one, such stair, fire-stair or fire-tower shall be enclosed.  The other required means of egress shall open either directly upon a fire-escape or directly on a fire-tower balcony or a public vestibule or other public hall connecting with a stair, fire-stair or fire-tower balcony.

2. Except as hereinafter provided for dwellings two stories or less in height such balcony, vestibule, hall or stair shall be separated from the public hall or stair on which the first means of egress opens by a fireproof wall, unpierced unless by an opening equipped with a fireproof door and assembly with the door self-closing.  Such door shall not be held open by any device whatever.  In a dwelling two stories or less in height, the separating wall may be fire-retarded on both sides in lieu of being fireproof.

3. In a dwelling three stories or less in height and occupied by four families or less on each story, and in any section of a class A dwelling which is two stories or less in height and occupied by four families or less on each story, a means of egress from an apartment may open directly into a stair without the intervention of a public hall.

1. Except as otherwise provided in subdivision two of this section, every required stair, fire-stair and fire-tower in dwellings three stories or more in height shall have a bulkhead constructed as provided for fireproof dwellings in section one hundred four, except that the bulkhead of any required stair which is not required to be fireproof may be built of wood covered on the outside with twenty-six gauge metal and on the inside with wire or metal lath covered with two coats of cement plaster or other fire-retarding material approved by the department.

2. Such a dwelling which is two stories or less in height, or is three stories in height and erected pursuant to plans filed with the department on or after May first, nineteen hundred fifty-nine and occupied by not more than one family on each story, shall be provided at each required stair, fire-stair or fire-tower either with such a bulkhead or with a scuttle at least two feet by three feet in size, located in the ceiling of the public hall on the top story and so arranged as to provide direct and uninterrupted access to the roof.  Every such scuttle shall be arranged to be readily opened, shall be covered on the outside with metal and shall be provided with stairs or a stationary iron ladder or ladders leading thereto and easily accessible to all the tenants of the dwelling.

3. No bulkhead or other superstructure on the roof shall be used for human occupancy.

4. When a dwelling has a pitched or sloping roof with a pitch or slope of more than fifteen degrees, no bulkhead or scuttle or stair or ladder leading thereto shall be required.

1. Every stair, fire-stair and fire-tower shall, except as otherwise provided in subdivisions three and four of this section and section one hundred forty-nine, be constructed as provided for fire-stairs in sections one hundred two and one hundred five for fireproof dwellings.

2. Every stair, fire-stair and fire-tower shall be at least three feet in clear width throughout, and at all floor levels shall have landings at least three feet six inches in clear width.

3. Every stair, fire-stair and fire-tower shall be completely separated from every other stair, fire-stair and fire-tower and from every public hall and shaft by fireproof walls, with fireproof doors and assemblies, with the doors self-closing and without transoms, at all openings, except that in dwellings two stories or less in height such walls may be fire-retarded on both sides in lieu of being fireproof.  The doors giving access to such stairs shall not be held open by any device whatever.

4. Except in the case of an interior enclosed stair separated from and directly accessible to the public hall by a self-closing fireproof door and except as provided in subdivision five, there shall be provided to light and ventilate every stair at every story a window or windows opening on a street, court, yard or space above a setback.  At least one such window shall be at least two feet six inches wide and five feet high unless it opens on a street, in which case its minimum height shall be four feet.  The aggregate area of such window or windows at each story shall be at least eighteen square feet.  On the top story a ventilating skylight may be substituted for a window.  At the entrance story or at the roof level a sash door, such as described in section thirty-five, opening to the outer air may be substituted for such window.

5. In a dwelling occupied by two families or less on every story:

a. If such dwelling is three stories or less in height, there may be provided for any stair, in lieu of windows, a stairwell sixteen inches or more in clear width extending from the entrance story to the roof.

b. If such dwelling is a class A dwelling and is two stories or less in height, there may be provided for any stair, in lieu of windows, a stairwell six inches or more in clear width.  For the purposes of this paragraph a section of a class A multiple dwelling may be deemed a separate multiple dwelling.

c. If such dwelling is two stories in height and has no public hall on the first story, no stairwell or stair windows need be provided.

1. Every public hall shall be everywhere at least three feet in clear width.

2. Every public hall shall be completely enclosed with fireproof floor, ceiling and walls, and, in dwellings erected under plans filed in the department after September first, nineteen hundred fifty-one, such hall shall be separated from every stair by fireproof partitions or walls.  All doors and their assemblies opening from such hall or stairs shall be fireproof, with the doors self-closing and without transoms, except that in a dwelling three stories or less in height occupied by not more than four families on each story, or in a class A dwelling or any section thereof two stories or less in height, any such hall which furnishes access to only one stair need not be separated from such stair by any partition or door and the walls of a public hall may be fire-retarded and the floors may be provided with three inches or more of incombustible deafening materials between the beams instead of being fireproof.

3. Except in dwellings three stories or less in height and occupied by two families or less on every story, and except as provided in subdivisions four to seven inclusive, every public hall shall have at least one window opening directly upon a street or upon a lawful yard or court.  There shall be such a window at the end of each such hall and at right angles to its length, with an additional window in each forty feet of hall or fraction thereof beyond the first sixty feet from such end window; or the hall shall have one window opening directly upon a street or upon a lawful yard or court in every forty feet of its length or fraction thereof measured from one end of the hall.

4. When the length of any recess or return off a public hall does not exceed twice the width of such recess or return, no window shall be required therein.  But whenever the length of a recess or return exceeds twice its width, there shall be an additional window or windows meeting the requirements for a separate public hall.  No entrance hall shall have a return or recess which exceeds in length twice its width.

5. The foregoing provisions of this section with regard to lighting and ventilation shall not apply to a vestibule or other public hall which serves as a means of access from one or more apartments opening thereon to a fire-stair or fire-tower meeting the requirements of section one hundred forty-four if such vestibule or public hall is lighted and ventilated as required for fireproof dwellings by sections thirty-seven and one hundred seven.

6. The foregoing provisions of this section with regard to lighting and ventilation shall not apply to that portion of an entrance hall between the first flight of stairs and the entrance provided the entrance door contains five square feet or more of glazed surface or such entrance hall does not extend from the outer entrance of the dwelling more than sixty feet.

7. A passenger elevator vestibule not exceeding in length twice the parallel length of the elevator shaft or shafts opening into it need not be equipped with a window if it conforms to the requirements of sections thirty-seven and one hundred seven for public halls in fireproof multiple dwellings.  Every door and its assembly separating such a vestibule from any public hall connected with a stair, fire-stair or fire-tower shall be fireproof, with the door self-closing and glazed with good quality wire glass ten square feet or more in area.  No such door shall be kept open by any device whatever.

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

1. Except as otherwise provided in this section, there shall be no inside stair communicating between the lowest cellar or the lowest story, if there be no cellar, and the floor next above, but any stair communicating between such floors shall be located outside the dwelling and if enclosed shall be fireproof in a fireproof enclosure with fireproof doors and door assemblies, with the doors self-closing, at all openings.

2. This provision, however, shall not apply to any stair not extending through more than one story and leading from an entrance hall to the upper stories where the walls enclosing such hall are fireproof and unpierced except for openings to stairs, elevators, apartments, public reception rooms, professional offices and the outer air.  In no event shall there be any other opening from such an entrance hall, and all apartments and such professional offices opening therefrom shall be entirely separated from any space within such dwelling used for any other purposes by fireproof walls which shall be unpierced except for means of egress into the entrance hall.  The provisions of this subdivision shall not apply to openings which are protected with fireproof vestibules.  Any such vestibule shall have a minimum superficial floor area of fifty square feet and its maximum area shall not exceed seventy-five square feet.  It shall be enclosed with incombustible partitions having a fire-resistive rating of three hours.  The floor and ceiling of such vestibule shall also be of incombustible material having a fire-resistive rating of at least three hours.  There shall be two doors to provide access from the entrance hall and any other space not used for openings to stairs, elevators, apartments, public reception rooms and the outer air.  Each such door shall have a fire-resistive rating of one and one-half hours and shall be provided with a device to prevent the opening of one door until the other door is entirely closed.  One of these doors shall swing into the vestibule from the entrance hall and the other shall swing from the vestibule into space which it serves.  Such vestibule shall also be equipped with sprinklers and with an independent exhaust duct having a minimum cross-sectional area of one hundred forty-four square inches for each one thousand cubic feet, or fraction thereof, of air content, and such exhaust duct shall not be connected with any other ventilating system.

3. In dwellings three stories or less in height which are occupied by two families or less on every story, any stair leading to the cellar may be located inside the dwelling provided it is entirely enclosed with fireproof walls and with fireproof doors and door assemblies at both the cellar level and the story above, with the doors self-closing.

4. The provisions of subdivision one shall not prohibit or apply to an inside stair extending from a space used for commercial purposes in the cellar or lowest story to a store on the story next above, provided such stair is of incombustible materials, has closed risers, is enclosed between the two lowest floors with walls having a three-hour fire resistive rating and has fireproof doors and door assemblies at top and bottom, with the doors self-closing, and provided such commercial space in the cellar or lowest story is completely enclosed with partitions having a fire-resistive rating of at least two hours and there is no opening between the store on the story next above and any entrance hall or other public hall or public portion of the dwelling.

1. It shall be unlawful to have a closet of any kind under any public stair.

2. The space beneath every stair from the foot of the stair to a point where the soffit is four feet or more above the floor shall be entirely enclosed with unpierced fire-retarded partitions.  Such enclosure beneath a flight of public stairs leading from the entrance story to the story next above shall be fireproof.

3. Any unenclosed portion of the space beneath a flight of public stairs leading from the entrance story to the story next above shall be left entirely open and kept clear and free from encumbrance.

1. In every wall where wooden furring is used every course of masonry from the under side to the top of any floor beams shall project a distance of at least two inches beyond each face of the wall that is not on the outside of the dwelling; and whenever floor beams run parallel to a wall and wooden furring is used, every such beam shall always be kept at least two inches away from the wall, and the space between the beams and the wall shall be built up solidly with brickwork from the under side to the top of the floor beams.

2. Whenever a wall is studded off, the space between an inside face of the wall and the studding at any floor level shall be fire-stopped.  Every space between beams directly over a studded-off space shall be fire-stopped by covering the bottom of the beams with metal lath and plaster and placing a loose fill of incombustible material at least four inches thick on the plaster between the beams, or hollow-burned clay tile or gypsum plaster partition blocks, at least four inches thick in either case and supported by cleats, shall be used to fill the spaces between beams.

3. Partitions which are not parallel with the wood floor beams and which separate one apartment or suite from another or any part of an apartment or suite from a public hall or other part of the dwelling outside the apartment or suite shall be filled in solidly with incombustible material between the floor beams from the plate of the partition below to the full depth of the floor beams.

4. If a dwelling is within ten feet of another non-fireproof building or of a side lot line, such dwelling shall have its eaves or cornices built up solidly with masonry.

5. The wooden frames in any cornice on any row of buildings shall be separated between buildings by a complete fire-stop.

6. Every space between stair carriages of any non-fireproof stair shall be fire-stopped by a header beam at top and bottom.  Where a stair run is not all in one room or open space, the stair carriages shall have an intermediate firestop, so located as to cut off communication between portions of the stair in different rooms or open spaces.  The underside and stringers of every unenclosed stair of combustible material shall be fire-retarded.

7. All partitions required to be fire-retarded shall be fire-stopped with incombustible material at floors, ceilings and roofs.  Fire-stopping over partitions shall extend from the ceiling to the underside of any roofing above.  Any space between the top of a partition and the underside of roof boarding shall be completely fire-stopped.

Title 2 Sanitation

Water-closet compartments in class B non-fireproof multiple dwellings shall comply with the applicable provisions of section seventy-six.
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