|Article||1.||Introductory provisions; definitions.|
|2.||Miscellaneous application provisions.|
|8.||Requirements and remedies.|
|9.||Registry of names and service of papers.|
|11.||Laws repealed; saving clause; legislative intent; effect.|
|Sec.||28.||Two or more buildings on same lot|
|29.||Painting of courts and shafts|
|31.||Size of rooms--subdivision six|
|35.||Entrance doors and lights|
|37.||Artificial hall lighting|
|56.||Frame buildings and extensions|
|57.||Bells; mail receptacles|
|59.||Bakeries and fat boiling|
|60.||Motor vehicle storage|
|62.||Parapets, guard railings and wires--subdivision two|
|76.||Water-closet and bath accommodations|
|77.||Plumbing and drainage|
|81.||Receptacles for waste matter|
|83.||Janitor or housekeeper|
Notwithstanding any other provision of this chapter, a dwelling, other than a frame dwelling, three stories or less in height erected after April eighteenth, nineteen hundred twenty-nine as a one or two-family dwelling may be converted to a multiple dwelling 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 this article are complied with and provided further that
No part of such dwelling shall be used for business purposes.
No part of such dwelling shall be arranged, designed for or occupied by roomers, boarders or lodgers.
The public hall or stair partitions and soffit of stairs shall be fire-retarded and said partitions fire-stopped. The apartment entrance doors and door assemblies in such hall shall be fire-proof and self-closing.
The required stairs shall comply with the provisions of subdivision three of section fifty-two of this chapter.
No door opening shall be permitted from a garage within the building to the stair hall or public hall. However, any other opening to the residential portion shall be provided with a fire-proof self-closing door, and the door assemblies shall be fire-proof.
The cellar shall not be used for any purpose other than household storage and mechanical equipment or appliances, and the cellar ceiling shall be fire-retarded.
- A building, other than a frame building, originally occupied as a one-family or two-family dwelling may be altered to a converted dwelling if its bulk and volume has not been increased since April eighteenth, nineteen hundred twenty-nine, and if it is converted in conformity with the other provisions of this article.
- Except as permitted in subdivision nine of section nine and subdivision six of section one hundred seventy-two, it shall be unlawful:
- To increase the height or number of stories of any converted dwelling or to increase the height or number of stories of any building in converting it to a multiple dwelling.
- To reduce the room or window area of any converted dwelling or make any other alteration therein if such alteration decreases the light, ventilation, fire protection or sanitation thereof.
- To convert to a multiple dwelling any dwelling which exceeds six stories in height unless it was occupied as a multiple dwelling on April fifteenth, nineteen hundred thirty;
- To convert any dwelling to a class A multiple dwelling occupied by five families or more upon any story unless such dwelling is fireproof or is converted in conformity with the requirements of subdivision three or was occupied as a class A multiple dwelling on April fifteenth, nineteen hundred thirty.
- To combine any converted dwelling with another building which exceeds six stories in height.
- To enlarge or extend any converted dwelling so as to exceed by more than twenty-five per centum the area which such dwelling had on any floor at the time of its conversion, except as provided in paragraph h.
- To convert to a multiple dwelling any dwelling not so converted before April fifteenth, nineteen hundred thirty, if after such date it has been increased in number of stories or combined with another building more than six stories in height or enlarged or extended so as to exceed by more than twenty-five per centum the area of such dwelling or its area on any floor as shown by the plan approved by the department before its erection, except as provided in paragraph h.
- Paragraphs f and g shall not apply to, or be deemed to prohibit, any rear extension of the first story of any converted dwelling permitted under the provisions of section one hundred seventy-two.
- Converted dwellings six stories or less in height may be combined if such dwellings when combined conform to the requirements of this subdivision.
- No frame building shall be a part of any such combination.
- Every entrance hall, stair hall, public hall, stair and stair enclosures shall be constructed of fireproof materials throughout and every door opening therefrom and door assembly shall be fireproof with the door self-closing and without transoms. Every public hall shall be at least three feet six inches in clear width and enclosed with masonry walls not less than eight inches in thickness. Every stair and stair hall shall be constructed and arranged throughout as provided in sections thirty-five, thirty-six, fifty and fifty-two, and as provided in sections one hundred two, one hundred five and one hundred six for fireproof dwellings erected after April eighteenth, nineteen hundred twenty-nine, and shall be at least three feet in clear width with all landings at floor levels at least three feet six inches in clear width. In every combination of three or more such dwellings, fire-stairs shall be located so that there shall be horizontal access in the public hall from every apartment to two or more fire-stairs, one or more of which shall be within fifty feet horizontally in the line of travel of one or more required means of egress from such apartment. Every stair, fire-stair and fire-tower shall extend to the roof through a fireproof bulkhead constructed in compliance with the provisions of section one hundred four for fireproof multiple dwellings.
- The ceiling of the cellar, or of the lowest story, if there be no cellar, shall be fire-retarded.
- There shall be at least two means of egress from every apartment or suite of rooms containing three or more living rooms. Such means shall be remote from each other, with the first means opening to a public hall which is connected with a stair not more than fifty feet distant from such means of egress. The second means of egress shall be directly accessible to a fire-tower or fire-stair, or to an outside fire-escape.
- No window to the outer air shall be required opening from any public hall, vestibule, stair, or stair hall artificially lighted and ventilated mechanically as provided in section one hundred seven for fireproof multiple dwellings. If any windows are provided, they and their assemblies shall be fireproof and glazed with wire glass, and if such windows are used in lieu of mechanical ventilation and artificial lighting, they shall also be arranged as provided for stairs and public halls in non-fireproof multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine.
- No elevator shall be required, but should one be installed it shall conform to the provisions of section fifty-one relating to elevators and section one hundred five for fireproof dwellings.
- None of the combined dwellings shall be required to comply with sections one hundred seventy-eight, one hundred eighty-five, one hundred eighty-seven, one hundred eighty-eight and one hundred ninety or with subdivisions one, two and three of section one hundred eighty-nine.
- When any business is conducted in any portion of dwellings so combined, the ceilings and walls of such portion shall be fire-retarded and every door and door assembly shall be fireproof with the door self-closing.
- Nothing in this article shall be deemed to prohibit a combination of class A and B occupancy in any converted dwelling. If more than fifty per centum of the rooms therein are used for class A occupancy, the dwelling shall be deemed a class A dwelling, otherwise a class B dwelling.
Title 1 Light and Air
Except as provided in subdivision two, there shall be a yard thirteen feet or more in depth across the entire lot in the rear of every converted dwelling, or an outer court three feet or more in width which alone or with any open space at the rear of the dwelling equals the required area of such a yard.
On a corner lot there shall be a yard ten feet or more in depth across the entire lot. Such yard shall be thirteen feet or more in depth for any part of the yard which is more than sixty feet from any side street bounding such lot. The provisions of this subdivision need not apply to a dwelling situated on a corner lot if (a) the required windows of all living rooms in such a dwelling open directly upon a street (b) the height and bulk of the dwelling are not increased and (c) the bulk of the dwelling above the first story is not increased.
The bottom of a yard may be as high as but not above the second tier of beams, provided the first story is used exclusively for business purposes and there is no living room in or below the first story; and provided also that whenever any means of egress from the upper stories opens into such yard, a portion of the yard ten feet or more in depth and open from the ground up shall be maintained at the rear of any extension of the dwelling.
In the rear of every converted dwelling on a corner lot an extension of the dwelling over the yard may be built up to the second tier of beams, provided such extension does not obstruct any required means of egress from the upper stories.
Except as provided in subdivisions three and four, the required yard or court and unoccupied space shall be open and unobstructed from the ground up.
The restrictions of this section and those of subdivisions one and two of section one hundred seventy-one in regard to bulk and volume shall not apply to extensions erected before April thirteenth, nineteen hundred forty, in conformity with the provision of a local zoning resolution which restricted bulk and volume.
Nothing in this section shall be deemed to permit extensions in the yards or courts of any converted dwelling, or to permit business or commercial uses therein, which may be contrary to any local zoning law, ordinance or regulation.
Except as provided in subdivision four of section one hundred seventy-seven every living room shall have one or more windows opening directly upon a street or upon a yard or court with dimensions conforming to those specified in section one hundred seventy-two, or upon an inner court or shaft three feet nine inches or more in width and eight feet or more in length.
Such windows shall be so located as to light properly all portions of the room and in each room shall have an aggregate glazed area of at least one-tenth of the floor area of the room, unless in the opinion of the department such room is already adequately lighted and ventilated. The top of at least one window in each living room shall be seven feet or more above the floor except when such room is in the basement or on the top story, in which case the top of at least one window shall be six feet or more above the floor. Every such window shall be twelve square feet or more in area, and shall be so constructed that one-half or more of its area may be opened. However, such window need not be twelve square feet in area provided that each room shall have an aggregate glazed window area of at least one-eighth of the superficial floor area of the room.
Whenever a basement conforming to the provisions of subdivision four of section one hundred seventy-seven is permitted to be occupied for living purposes, every living room, bathroom, water-closet compartment, kitchen and cooking space therein shall have one or more windows opening directly upon a street; or upon a yard which is at every point at least fifteen feet in depth and, above the window sill level of the first story above the basement, at least twenty feet; or upon a court at least two feet in width and extending the entire depth of the lot from the street to the yard. All such yards and courts shall be measured at the ground level from the lot line to the building line opposite on the same lot. The windows in each such room shall have an aggregate glazed area of at least one-eighth of the total floor area of the room, and in no event less than twelve square feet. The top edge of the glazed area of every window shall be nine inches or more below the finished ceiling and one foot or more above the level of the adjoining ground. Every such window shall be so constructed that one-half or more of its area may be opened, and shall be so located as to light and ventilate adequately all portions of the room.
Any room on a top story may be lighted and ventilated by a skylight of the dimensions specified for windows and arranged to provide ventilating openings of six square feet or more. Such a skylight shall be accepted in lieu of a window. Nothing in this subdivision shall be construed to prohibit the installation of a skylight without ventilating openings of six square feet or more, provided, however, that such skylight shall be equipped with at least one hundred forty-four square inches of ventilation and provided that the glazed area of such skylight together with the glazed area of any existing window shall be not less than one-eighth the superficial floor area of such room.
When required by the department transoms, or louvres, or partition sash to private halls or to adjoining rooms in the same apartment shall be provided to secure thorough ventilation, but no such transom or louvres or partition sash shall be required in rooms having two windows opening to the outer air if each window contains at least twelve square feet of area nor in rooms having a mullioned window with an aggregate area of at least twenty-four square feet.
Every alcove, except a cooking space or foyer, shall be deemed a living room and shall open into an immediately adjoining living room which opens directly on a yard or street and in buildings not over two stories in height, such living room may open directly on an outer court or on a court, not less than four feet in width, extending from street to yard. Such an alcove shall be separately lighted and ventilated, and of such size as provided for other living rooms, unless it has an opening at least thirty-two and one-half square feet or more in area opening into a living room immediately adjoining.
No part of any room shall be enclosed or subdivided at any time, wholly or in part, by a curtain, portiere, fixed or movable partition or any other device unless each enclosed or subdivided part meets all of the requirements for a separate living room or a lawful alcove.
- No room in any cellar shall be occupied for living purposes, except as provided in subdivision six of section thirty-four or in subdivision three of this section.
- A room occupied for living purposes in a basement shall comply with the requirements of sections one hundred seventy-three and one hundred seventy-four except as provided in subdivision four of this section.
- Where more than sixty per centum of the height of a cellar is below the level of the curb on which a dwelling faces, but the floor of such cellar is approximately at the level of the yard thereof and such yard is not less than thirty feet in depth at every point, the department may permit the use of such cellar for living purposes if it shall deem such cellar adequately lighted and ventilated and habitable. When permission is granted such a cellar shall be deemed a basement.
- The basement of a converted dwelling may be used for living purposes without meeting the requirements of subdivisions one and two of section one hundred seventy-three if such dwelling meets the other applicable requirements of such section and of this chapter, including the following:
- Such a dwelling shall not exceed three stories, including the basement, in height.
- It shall be occupied by not more than one family on any story, including the basement. For the purposes of this subdivision a family shall not be deemed to include any boarders, lodgers or roomers.
- It shall have at least one court two feet or more in width extending across the entire depth of the lot from the street to the yard.
- The department shall deem the basement to be adequately lighted and ventilated, free of any dampness, sanitary and habitable.
- There shall be a separate water-closet compartment within the basement apartment conforming to the provisions of section two hundred.
- Such dwelling shall not be required to comply with section one hundred eighty-seven if a scuttle is provided conforming to section one hundred eighty-eight.
- This subdivision is applicable only to buildings noted, classified or recorded as such converted dwellings in the department prior to January first, nineteen hundred sixty-six.
- 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.
Title 2 Fire Protection
- Except as provided in paragraph g of subdivision three of section one hundred seventy-one, the ceiling of the cellar, or of the lowest story if there be no cellar, shall be fire-retarded unless such dwelling is three stories or less in height and the ceiling has already been plastered in a manner satisfactory to the department.
- In lieu of the requirements set forth in subdivision 1. hereof, buildings existing November first, nineteen hundred forty-nine, in cities having a population between five hundred thousand and one million having three stories or less in height and containing no more than six families or eight roomers or lodgers, with no human occupancy in the cellar or basement may comply by:
- providing two means of egress to any area of the third floor used for human occupancy; and
- providing approved safety controls on all fuel burning devices in basement or cellar; and
- fire-stopping of all openings in cellar or basement ceiling or openings leading to the floors above from cellar or basement such as, but not limited to, stud channels, openings around conduits, soil and water pipes, ducts, pipe chases, and by complying with either IV or V hereof;
- providing an approved sprinkler system throughout entire cellar or basement area; or
- providing fire-retarded ceilings at the first floor level; and
- providing sprinkler heads or heads above each hot water heater, furnace and all other fuel burning devices in basement or cellar; and
- fire-stopping all the interior entrances to any area of the third floor used for human occupancy at the second floor level with fire-retarded partitions, or equal construction, and a fire-retarded self-closing door and assembly.
- Except as provided in paragraph g of subdivision three of section one hundred seventy-one, egress from every apartment on each story shall be provided as follows:
- If a dwelling is two stories or less in height, or if it is three stories including a basement in height and conforms to the conditions of subdivision four of section one hundred seventy-seven, a single means of egress from each story to the street shall be sufficient.
- Every other dwelling shall have either two independent means of egress or one means of egress equipped with a sprinkler system.
- At least one means of egress shall be a stair extending to and through the roof by a bulkhead, except that a scuttle may be used in lieu of a bulkhead if the dwelling does not exceed a basement and three other stories in height, or if it does not exceed a basement and four other stories in height and is occupied by not more than two families on any story, and except that no bulkhead or scuttle, or stair or ladder leading thereto, shall be required where the roof is a peak roof with a pitch of more than fifteen degrees.
- Whenever a second means of egress is required, it shall, except as provided in paragraph f, extend from the entrance story to the roof, and shall be located eight feet or more from the first means of egress unless separated therefrom by a public hall or elevator vestibule. Such second means of egress shall be directly accessible at each story to each apartment without having to pass through the first means of egress.
- A required second means of egress shall be either a system of outside fire-escapes, constructed and arranged as provided in section fifty-three for fire-escapes erected after April eighteenth, nineteen hundred twenty-nine, a fire-stair, a fire-tower or a connection with an adjoining dwelling as provided in paragraph f below.
- If the department upon the application of the owner shall deem it feasible and so permit, the owner shall provide, and at all times maintain unobstructed, a first means of egress extending by means of a stair from the street through a bulkhead to the roof and thence from the roof of such dwelling to the roof of an adjoining dwelling and through such adjoining dwelling to the street and a second means of egress from each apartment to a room on the same story or level in an adjoining dwelling by means of a balcony. Every such balcony shall comply with the requirements for a fire-escape balcony, except that its minimum clear width shall be two feet instead of three feet. If at any time such access to the street shall in the opinion of the department be obstructed or be otherwise unsafe the department shall revoke the permit, and upon such revocation the owner shall provide one of the other types of egress permitted in this section.
- When the department shall find it impractical to erect an independent fire-escape and shall refuse to permit egress by means of balconies to an adjoining dwelling, the department may permit the erection or use of a fire-escape to which the occupants of such dwelling have safe, unobstructed access in common with the occupants of an adjoining dwelling.
- Where a required means of egress leads to a yard less than thirty feet in depth, except as provided in paragraph f of subdivision four of section one hundred seventy-seven, there shall be access from such yard to the street through a court or fireproof passage, or to the yard or court of adjoining premises by a gate or door through an intervening fence, or, if the department deems such gate or door impracticable and so certifies, by a ladder to the top of an intervening fence or wall or by such other means as the department may require.
- Where a sprinkler system is required such system shall be equipped on each story with one or more automatic sprinkler heads with fusible struts which shall be constructed to fuse at a temperature not higher than one hundred sixty-five degrees Fahrenheit and all of which shall be constructed, located and arranged in every stair and entrance hall, and in every closet opening therefrom, in such manner as the department may require. Such system may be attached to the city water supply main if the normal minimum pressure thereon, measured in pounds per square inch at the street level at the point of connection with said main, is not less than the number of stories in the height of the dwelling, multiplied by five, plus fifteen. If such normal minimum pressure is less than the required amount or such system is not attached to the city water supply main, it shall be supplied with water from a tank located on the roof of the dwelling of such capacity and construction as the department may deem necessary. Such sprinkler system shall be maintained continuously in good repair and serviceable condition.
Except as provided in paragraph g of subdivision three of section one hundred seventy-one, bulkheads and scuttles shall conform to the following provisions:
Every required bulkhead to and through the roof shall be fire-proof or constructed of wood covered with metal on the outside and fire-retarded on the inside, and shall have a fire-retarded door and assembly with the door self-closing. Every stair extending through a bulkhead shall have a hand rail.
Every scuttle shall be at least twenty-one inches in width and twenty-eight inches in length, covered on the outside with metal and provided with a stair or a stationary iron ladder leading thereto and easily accessible to all occupants of the dwelling. Every scuttle shall be located in the ceiling of the stair hall on the top story and access to the roof through the scuttle shall be direct and uninterrupted. It shall be unlawful to enclose in any manner the ladder or stair leading to a scuttle.
Every bulkhead door or scuttle shall not be self-locking and shall be fastened on the inside with movable bolts, hooks, or a lock which does not require a key to open from the inside of the dwelling.
Where a dwelling has a peak roof with a pitch of more than fifteen degrees, no bulkhead or scuttle, or stair or ladder leading thereto, shall be required.
Except as provided in paragraph g of subdivision three of section one hundred seventy-one, stairs and public halls shall conform to the following provisions:
In a dwelling more than a basement and three other stories in height or occupied by four families or more, the soffit and stringers of every stair between the lowest entrance story and the next higher story and the walls and ceilings of every lowest entrance hall shall be fire-retarded and in such dwellings converted on and after July first, nineteen hundred fifty-eight, all doors opening to such entrance hall and stairs, and the door assemblies, shall be fireproof with the doors self-closing. In lieu of the requirements of this subdivision, a sprinkler system may be installed in accordance with the provisions of section one hundred eighty-seven.
Every door opening from any stair, entrance hall or other public hall to any other part of the dwelling shall be self-closing. Every glazed transom over any such door shall be glazed with wire glass. Every transom shall be stationary. On and after July first, nineteen hundred fifty-seven, every glazed panel or other glazed opening in any such door shall be glazed with wire glass.
Every stair, except a basement or cellar stair, shall be two feet six inches or more in clear width. Any wooden stair may be replaced by an iron stair of like dimensions. Every entrance hall shall be two feet eight inches or more in clear width.
If the number of rooms in a class B dwelling is increased and there are sixteen sleeping rooms or more above a basement or, if there be no basement, above the main entrance story, all partitions and ceilings enclosing public halls and stairs shall be fire-retarded throughout. All doors opening to such public halls and stairs, and their assemblies, shall be fireproof with the doors self-closing. Stairs shall be fireproof and shall extend from the main entrance story through a bulkhead to the roof.
On and after July first, nineteen hundred fifty-seven, every interior sash, or opening other than a door, in the walls or partitions of any stair, entrance hall or other public hall, and every window therein not opening to the outer air, shall be removed and the openings closed up with material similar to the adjacent walls.
Except as provided in paragraph g of subdivision three of section one hundred seventy-one, and except as otherwise provided in subdivision two hereof, every stair leading from a cellar to the floor above shall be constructed of incombustible materials, shall have closed risers, shall be completely enclosed with partitions of incombustible materials and shall be equipped at the bottom with a fireproof door and assembly with the door self-closing.
Every existing stair leading from a cellar to the floor above in a converted dwelling accepted or approved by the department on or before July first, nineteen hundred sixty shall be deemed in compliance with this section.
- If there is a cellar, there shall be an independent entrance thereto from outside the dwelling by means of a metal fire ladder or fireproof stair leading to an opening in the outside cellar wall at least two feet six inches in width and six feet in height. Such entrance to the cellar may be through an areaway or through a fireproof passageway leading directly to the street. The entrance to the cellar may be closed off with a grating or doors which shall not be locked or bolted unless they can be readily unbolted or unlocked from the inside without a key and shall be arranged and constructed so as to be readily opened at all times.
- In lieu of the requirements set forth in subdivision a hereof, buildings existing November first, nineteen hundred forty-nine in cities having a population between five hundred thousand and one million may comply with the following:
- shall have an unobstructed entrance through a yard or court from a street:
- directly to exterior dwelling entrance with interior entrance to basement or cellar direct from said entrance, or from a fire retarded public hall or stair landing, and
- to one or more cellar or basement walls containing accessible windows.
- The stairway leading to cellar or basement shall be enclosed with fire retarded partitions or equal construction and shall have a minimum fire rating of one hour. Said cellar or basement entrance shall be equipped with a one hour self-closing fire door assembly.
- shall have an unobstructed entrance through a yard or court from a street:
On and after July first, nineteen hundred fifty-seven, in every room used for class B occupancy whether in a class A or class B non-fireproof converted dwelling, there shall be one or more sprinkler heads. Such sprinkler heads shall be installed in accordance with the supplementary rules and regulations of the department. This requirement shall not apply to dwellings which have a required second means of egress.
The requirements of this section shall not apply to a dwelling located within an area designated on the master plan as an area suitable for development and redevelopment, provided (a) that the agency in charge of such clearance shall have certified to the department on or before February first, nineteen hundred fifty-nine that the dwelling will be demolished within one year after the service of notice of violation and (b) that the dwelling is not in violation of any rules and regulations relating to overoccupancy, egress or fire protection. Such temporary exemption from the requirements of this section may be extended for an additional period of not more than six months upon renewal of such certification of demolition and safety.