Article 1 Introductory Provisions; Definitions

Article 2 Miscellaneous Application Provisions

Article 3 Multiple Dwellings‒General Provisions

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

Title 1 Light and Air
Title 2 Fire Protection
Title 2-A Single Room Occupancy
Title 3 Sanitation

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Article 11 Laws Repealed; Saving Clauses; Effect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 provided in section two hundred forty-eight, the provisions of this article shall apply only to tenements, as defined in subdivision eleven of section four, occupied as such before April eighteenth, nineteen hundred twenty-nine.  Unless in this article otherwise specifically prescribed, none of its provisions shall be deemed to require any structural alteration in any tenement erected after April eleventh, nineteen hundred one and lawfully occupied as such on April eighteenth, nineteen hundred twenty-nine.  Nothing in this article shall apply to converted dwellings.  In addition to the provisions of this article, the following enumerated articles and sections shall, to the extent required therein, apply to tenements:

 1.

Introductory provisions; definitions

 2.

Miscellaneous application provisions

 7-a.

Temporary provisions

 8.

Requirements and remedies

 9.

Registry of names and service of papers

10.

Prostitution

11.

Laws repealed; saving clause; legislative intent; effect

28.

Two or more buildings on same lot

29.

Painting of courts and shafts

31.

Size of rooms--subdivision six

33.

Cooking spaces

34.

Rooms in basements and cellars

35.

Entrance doors and lights

37.

Artificial hall lighting

51.

Shafts, elevators and dumbwaiters

52.

Stairs

53.

Fire-escapes

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

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. No tenement shall be increased in height so that its height shall exceed by more than one-half the width of the widest street upon which it stands.  Except as otherwise provided in subdivision four of this section, no non-fireproof tenement shall be increased in height so that it shall exceed five stories, except that any tenement may be increased to any height permitted for multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine, if such tenement conforms to the provisions of this chapter governing like multiple dwellings erected after such date.

2. If there are bulkheads, superstructures or penthouses exceeding ten feet in height or exceeding in aggregate area ten per centum of the area of the roof, the measurement of height shall be taken to the top of such bulkhead, superstructure or penthouse, except that this shall not apply to elevator enclosures not exceeding twenty-three feet in height used solely for elevator purposes, nor to open pergolas or similar open ornamental treatment of roof-gardens or playgrounds.

3. In a fireproof tenement house in which one or more passenger elevators are operated, penthouses may be erected on the main roof.  Such penthouses shall be set back at least five feet from the front walls and ten feet from the rear walls of the dwelling and at least three feet from any court wall.  Such penthouses shall have a clear inside height of not less than nine feet from finished floor to finished ceiling, and shall not exceed twelve feet in height from the high point of the main roof to the highest point of the penthouse roof.  Such penthouses shall not be deemed to affect the measurement of height of the dwelling.  All such penthouses shall be entirely fireproof except that windows shall not be required to be glazed with wire glass.

4. Any non-fireproof old-law tenement five stories in height may be increased in number of stories to six provided that such increase in number of stories does not result in an increase in the height of the roof beams above the curb level.  In any tenement so altered, the first floor above the lowest cellar, or, if there be no cellar, above the basement or other lowest story, shall be fireproof.  Any yard or court of such altered tenement shall not be less in any dimension than the minimum dimensions prescribed in section twenty-six.

1. No tenement shall be enlarged or its lot diminished in any way which would leave any yard or court less in any dimension than the minimum dimensions prescribed for yards or courts in section twenty-six.

The restrictions of this subdivision shall not apply to tenements erected after April twelfth, nineteen hundred one, on lots which run through from one street to another street and do not exceed one hundred feet in depth.

2. Any court constructed on or after December fifteenth, nineteen hundred sixty-one in a tenement to ventilate any room, public hall, water-closet compartment or bathroom shall be of the dimensions prescribed in section twenty-six, and such court shall under no circumstances be roofed or covered over at the top.  Every such court, if an inner court, shall be provided at the bottom with one or more horizontal air-intakes constructed as provided in section twenty-six.

3. Any shaft or court constructed after April eighteenth, nineteen hundred twenty-nine, which is used to light or ventilate any room occupied for living purposes in any old-law tenement shall be at least twenty-five square feet in area and four feet in width in every part, and shall under no circumstances be roofed or covered over at the top.  Every such shaft shall be provided at the bottom with a horizontal air-intake or duct at least four square feet in area communicating directly with a street or yard and so arranged as to be easily cleaned.

4. In every old-law tenement there shall be a door at the bottom of every shaft and inner court giving access to the shaft or court and whenever the shaft or inner court is less than two hundred square feet in area or ten feet in any dimension, such door and its assembly shall be fireproof with the door self-closing.  Where a window or door existing on April eighteenth, nineteen hundred twenty-nine, gives proper access to such a shaft or court, such window or door shall be deemed sufficient.

1. No tenement, its lot or any room, public hall or stairs therein shall be so altered as to have its light or ventilation diminished in any way not approved by the department.

2. In every tenement erected after April twelfth, nineteen hundred one, every stair hall, public hall and living room and at least one water-closet compartment or bathroom containing a water-closet in each apartment, shall have at least one window opening directly upon a street or upon a lawful yard or court existing on April eighteenth, nineteen hundred twenty-nine.  Such window shall be so located as to properly light all portions of such hall, room or compartment.  Every part of an apartment of three rooms or less in such a tenement shall be within eighteen feet of a street or yard or have a window opening upon a lawful inner or outer court existing on April eighteenth, nineteen hundred twenty-nine.  When a room in a tenement opens upon an inner court on a lot line and less than ten feet wide from the lot line to the opposite wall of the dwelling, such room shall be provided with a sash window communicating with another room in the same apartment.  Such window shall contain at least ten square feet of glazed surface and be made so as to open readily.

3. No room in any old-law tenement shall be occupied for living purposes unless it meets the conditions in one of the following paragraphs:

a. Such room has a window opening directly upon a street, or upon a yard at least four feet in depth, or above the roof of an adjoining building, or upon a court or shaft at least twenty square feet in area open to the sky.

b. Such room is located on the top story and is adequately lighted by a ventilating skylight opening directly to the outer air.

c. Such room has a sash window opening directly into an immediately adjoining room in the same apartment which latter room opens directly on a street or yard at least four feet in depth.  Such window shall have a vertically sliding pulley-hung sash not less than three feet by five feet, except that when it is impossible to construct a window of such size, the department may permit such window to be narrower.  Both halves of the sash shall be made so as to open readily, and the lower half shall be glazed with translucent glass, or with obscure wire glass if the department shall so require.  So far as possible such window shall be in line with windows in outer rooms opening on a street or yard, so as to afford a maximum of light and ventilation.

d. Such room has an alcove opening, of no less dimension than required for such a sash window, to such an adjoining room, in addition to the usual door openings.

4. In every existing tenement the department, in addition to the requirements of subdivision four of section eighty, may, as often as it deems necessary, require the walls and ceilings of every room that does not open directly on a street to be kalsomined or painted white to improve the lighting of such room.

5. Notwithstanding anything in this section to the contrary, no room in any old-law tenement in an apartment which is vacant on June thirtieth, nineteen hundred sixty, or thereafter becomes vacant, and, on and after June thirtieth, nineteen hundred seventy no room in any old-law tenement shall be used for living purposes unless such room shall have a window opening directly upon the street, or upon a yard not less than four feet deep, or above the roof of an adjoining building, or upon a court or shaft of not less than twenty square feet in area, open to the sky without roof or skylight, unless such room is located on the top floor and is adequately lighted and ventilated by a skylight opening directly to the outer air.

An alcove shall be deemed to comply with the requirements of this subdivision if (1) it opens directly into an immediately adjoining room in the same apartment, and (2) such adjoining room opens directly on a street or yard, and (3) a single unbroken open space occupies at least sixty per centum of the area of the vertical plane between the alcove and such adjoining room.  The required open space between any such alcove and an adjoining room through which it receives light and ventilation shall not be obstructed by any curtain, portiere, fixed or movable partition or other contrivance or device.

1. In every tenement erected after April twelfth, nineteen hundred one, the sizes of living rooms shall meet the following requirements:

a. In each apartment there shall be at least one living room containing at least one hundred twenty square feet of clear floor area, and every other living room except a kitchen shall contain at least seventy square feet of clear floor area.

b. Every living room which contains less than eighty square feet of clear floor area or which is located in the cellar or basement shall be at least nine feet high, and every other living room at least eight feet high; these measurements to be taken from finished floor to finished ceiling.

c. Every living room shall have a least horizontal dimension of at least six feet and, if the tenement was erected after April eighteenth, nineteen hundred twelve, of at least seven feet; except that the minimum horizontal dimension of any kitchen and of a maid's or servant's sleeping room in a fire-proof tenement in which one or more passenger elevators are operated, shall be six feet.

2. In any tenement, apartments containing three or more rooms may have dining bays, which shall not exceed fifty-five square feet in floor surface area and shall not be deemed separate rooms or subject to the requirements for separate rooms or alcoves.  Every such dining bay shall be equipped with such appropriate permanent fittings as may be required by the department and shall also be provided with at least one window opening directly upon a street or upon a yard or court which was lawful on April eighteenth, nineteen hundred twenty-nine.  The area of such window shall be one-eighth at least of the floor surface area of such dining bay.  No dining bay shall be permitted in any apartment containing less than three rooms.

No part of any room shall be enclosed or subdivided, 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 conforming to the provisions of section thirty for rooms in multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine, and have a clear floor area of at least seventy square feet.

No room in the basement or cellar of any tenement shall be occupied for living purposes unless there is a written permit therefor as provided in subdivision five of section three hundred and it either is part of an apartment which complies with the conditions of subdivision six of section thirty-four or complies with the following conditions:

1. a. There shall be appurtenant to every such room a water-closet constructed and accessible in accordance with the provisions of section seventy-six for dwellings erected after April eighteenth, nineteen hundred twenty-nine.

b. Every such room and all cellars and basements shall be lighted and ventilated to the satisfaction of the department.

2. If such room is in a tenement erected after April twelfth, nineteen hundred one:

a. Such room shall be at least nine feet high in every part from floor to ceiling.

b. Every part of the ceiling of such room shall be at least four feet six inches above the curb level of the street in front of such part when such room or the apartment containing it is located in the front part of the dwelling, and at least two feet above such curb level in front of the dwelling when such room or the apartment containing it is located in the rear of the dwelling and the yard is less than sixty feet in depth and does not extend to a street along its entire width.

c. The level of any yard or court upon which such a room or apartment opens shall conform to the requirements of subdivision eight of section twenty-six.

d. Every such room shall have a window opening upon a street, yard or court, and shall be an integral part of an apartment containing a room with a window opening directly upon a street or yard or upon an outer court at least eighteen feet in width and not more than thirty feet in depth or upon a larger outer court whose depth does not exceed its width by more than one-half.

e. Except when the yard is sixty feet or more in depth there shall be not more than one apartment in any cellar.  It shall contain not more than five rooms and bath, and no such room shall open upon any court less than five feet six inches in width.  Every part of such apartment shall either be located within twenty-five feet of the inner line of the front or rear wall of the dwelling or have a window opening upon a court which is at least twelve feet in width.  No other rooms in the cellar shall be occupied for living purposes.

f. The area of every window in such a room shall be at least twelve square feet, and the total area of windows in every such room shall be at least one-eighth of the total floor area of the room.  At least half of each window shall be made to open, and the top of each window shall be within twelve inches of the ceiling.

g. All walls enclosing such room shall be dampproof and its floor dampproof and waterproof.  The dampproofing and waterproofing shall run through and up the walls to the ground level.

h. The entire cellar, or lowest story if there be no cellar, shall be properly constructed so as to prevent dampness or water from entering.

3. If such room is in the cellar of any old-law tenement either the conditions enumerated in subdivision two or the following conditions shall be complied with:

a. Such room shall be at least eight feet high in every part from floor to ceiling.

b. Every part of the ceiling of every such room shall be at least four feet above the surface of the street in front of every part of such room, or at least half the height of such room shall be everywhere above the highest level of the ground outside of and adjoining every part of the exterior wall of such room for a distance of thirty feet measured at a right angle to the outer surface of such wall.

c. Such adjoining ground shall be effectively drained and shall be open and unoccupied in every part.

d. Such room shall have a window or windows opening directly to the required unoccupied area of ground outside of and adjoining such room or to a street or yard.  Every such window shall be made so as to open readily and such window or windows shall provide at least twelve square feet of clear openings for ventilation.

e. Such room shall be thoroughly dry and fit for human habitation.

f. If the tenement is over marshy ground, or ground on which water lies or on which there is upward water pressure, the entire cellar, or lowest story if there be no cellar, shall be made dampproof and waterproof.

4. If such room is in the basement of any old-law tenement the provisions of subdivision one and in addition the provisions of subdivision two or of subdivision three, or the provisions of paragraph f of subdivision three and of either of the following paragraphs, shall be complied with:

a. Such room shall be everywhere seven feet or more in height from floor to ceiling and occupied solely by a family which occupies the entire story above, and such room shall not be used for sleeping purposes; or

b. Such room shall be everywhere seven feet six inches or more in height from floor to ceiling and shall have a window or windows opening directly to a street, or to a yard at least twelve feet in depth, or to a court at least six feet in its least dimension and twelve feet in its greatest dimensions; every such windows shall be made so as to open readily; such window or windows shall provide at least twelve square feet of clear opening for ventilation, and the apartment containing such room shall have one or more rooms opening upon a street or yard.

5. Notwithstanding any provisions of this section or of subdivision five of section three hundred of this chapter, an apartment or room in a cellar or basement which was occupied for living purposes on April first, nineteen hundred fifty-three may thereafter continue to be occupied for such purposes until July first, nineteen hundred sixty-seven, upon the issuance of a joint certificate by the department and the department of health.  Such certificate shall be renewed for any such apartment or room which continues to be occupied in an old-law tenement after June thirtieth, nineteen hundred fifty-seven.  The certificate shall indicate their joint belief that such occupancy is not detrimental to life and health with due regard to the following conditions:

a. that the apartment or room is reasonably lighted and ventilated,

b. that adequate sanitary facilities are provided, including water supply and water closet accommodations,

c. that the premises are clean and free from rodents and vermin,

d. that the walls and ceilings are sound and reasonably free of dampness and there is a minimum of seven feet in height from floor to ceiling,

e. that the apartment or room is adequately heated from a central heating system or by other approved means,

f. that the structural arrangement, including egress facilities, of the apartment or room does not constitute a fire hazard,

g. that notwithstanding the provisions of this subdivision, any apartment occupied pursuant to the provisions of this subdivision which becomes vacant on or after June first, nineteen hundred fifty-five shall not thereafter be occupied for dwelling purposes.  This paragraph shall also apply to any room which becomes vacant on or after June first, nineteen hundred fifty-six.

1. In every tenement erected after April twelfth, nineteen hundred one, which exceeds four stories in height or is occupied by three families or more on any story, every public hall shall have at least one window opening directly upon a street, yard or court.  Such window shall be located at the end of the hall and at right angles to its length, with an additional window in each thirty feet of hall or fraction thereof beyond the first sixty feet from such end window if the tenement was erected after April eighteenth, nineteen hundred twelve; or, if the window is not thus located at the end of the hall, there shall be at least one window opening directly upon a street, yard or court in every twenty feet of the length of the hall or fraction thereof, measured from one end of hall; but the foregoing provisions shall not apply to that portion of an entrance hall between the entrance and the first flight of stairs if the entrance door contains five square feet or more of glazed surface.

2. When the length of any recess or return off of a public hall in such a tenement does not exceed twice its width, no window shall be required therein.  But wherever 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.

3. Except as provided in subdivision four, a tenement erected after April twelfth, nineteen hundred one, which is four stories or less in height and occupied by not more than two families on any story shall either have windows in its public halls as above provided or a stairwell twelve inches or more in width extending from the entrance story to the roof.  In such a tenement, except as provided in subdivision four, every entrance door shall contain five square feet or more of glazed surface, and all doors leading from the public halls shall be provided with translucent glass panels five square feet or more in area for each door and fixed transoms of translucent glass over each door.

4. Neither such windows nor such a stairwell shall be required in cities of one million or more population in tenements which do not exceed three stories in height or fifty-five feet in depth and which are occupied by not more than one family on any story and in which the stairs descend in a straight and continuous run from the top story to the entrance story with proper landings at each story.  Such tenements shall not be required to have glass panels or transoms in the doors leading from the public halls.

5. In every public hall that is provided with a window or windows in a tenement erected after April twelfth, nineteen hundred one, at least one such window shall be at least two feet six inches wide and five feet high.

6. In every such tenement there shall be provided, at every floor level, a window opening upon a street, yard, court or space above a setback to light and ventilate every stair.  Every such required window shall be of the size required by subdivision five, except that a window opening upon a street need be only four feet high.  On the top story a ventilating skylight of the same dimensions shall be accepted in lieu of a window for that story.

7. In every such tenement there shall be in the roof, directly over each stairwell, a ventilating skylight provided with ridge ventilators having an opening of at least forty square inches, or provided with fixed or movable louvres.  The roof of every such skylight shall have at least twenty square feet of glazed surface.  If the stairs and public halls are not provided at each story with windows opening directly to the outer air, the skylights shall be provided with ridge ventilators and also with fixed or movable louvres or movable sashes.

8. A sash door shall be deemed the equivalent of a window for the purposes of this section if it contains the amount of glazed surface prescribed for such windows.

9. In all old-law tenements the public halls and stairs shall be provided with such skylights, ventilators, windows in bulkheads or other means of lighting and ventilation as may be deemed practicable by the department.

10. All skylights installed in old-law tenements after April eighteenth, nineteen hundred twenty-nine, shall be provided with ridge ventilators having an opening of at least forty square inches and also with fixed or movable louvres or with movable sashes.  They shall be of such size as may be determined to be practicable by the department, and the roofs of such skylights shall be glazed with plain glass equipped with suitable wire screen above and below.

11. Whenever a public hall in any old-law tenement four stories or more in height is not light enough in the daytime to permit a person to read in every part thereof without the aid of artificial light, every door at the end of such hall or opening therefrom into a room shall have a wire glass panel or panels of an aggregate area of at least four square feet; or in lieu thereof such hall may be lighted by a window or windows opening upon a street or upon a lawful yard, court or shaft, with the plane of each such window at right angles to the length of the hall.  In any such tenement any public hall or stair which is not provided with a window opening directly upon a street or yard and which is not sufficiently lighted in the opinion of the department shall be provided by the owner with artificial light, which shall be kept burning at all times.

12. 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 for the purposes of this section.

1. Any non-fireproof tenement erected after May fifteenth, nineteen hundred two, having apartments extending from street to yard and having one or more outer courts on a side lot line four feet or more in width or inner courts which alone or together with adjoining courts are eight feet or more in width and twelve feet six inches or more in depth, may be altered into apartments opening either on the street or the yard, provided all such altered apartments also have windows opening on such a court.  All such altered apartments shall be provided with a second means of egress as required by section two hundred thirty-one.  The entrance and stair halls of such tenement shall be fire-retarded.

2. No room in the cellar or basement of any tenement shall be constructed or altered to be occupied for living purposes unless all of the conditions of section thirty-four and of subdivision eight of section twenty-six in regard to multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine, are complied with, except that the minimum depths of yards and courts prescribed for tenements in subdivision one of section two hundred twelve shall be substituted for the minimum depths referred to in section thirty-four.

3. Any additional room or hall constructed or created in a tenement shall comply in all respects with the provisions of this article respecting rooms or halls in tenements erected after April eighteenth, nineteen hundred twelve, except that in any tenement erected after April fourteenth, nineteen hundred three, such rooms or halls may be of the same height as the other rooms or halls on the same story.

4. The number of apartments or suites of rooms on any story in any tenement erected after April twelfth, nineteen hundred one, may be altered so as to increase or decrease the number of living rooms provided such dwelling shall conform with the applicable provisions of sections two hundred thirty-five and two hundred thirty-six.

5. If the number of apartments or suites of rooms in any old-law tenement is increased, the entrance hall and both sides of the walls of the stair halls adjoining the altered apartment shall be fire-retarded, the stairs shall extend to the roof and there shall be no inside stairs from the entrance story to a cellar, or to a basement or other story below the entrance story.  However, such inside stair may be permitted provided such stair is constructed of incombustible material, has closed risers, is enclosed between the entrance story and the next lowest story with fireproof materials having a standard fire-resistive rating of at least three hours, and has fireproof doors and door assemblies at the top and bottom with the doors self-closing.  The soffit of any stair immediately above an inside cellar stair shall be fire-retarded and the jib partitions enclosing such cellar stair at the first story shall be of incombustible material or fire-retarded on both sides with materials having a standard fire-resistive rating of at least one hour.

6. If any old-law tenement shall be so altered as to increase the number of rooms therein by one-third or more, or if such tenement is increased both in number of rooms and in height and after such alteration is more than four stories or parts of stories above the curb level, or if such tenement is over three stories in height and is combined with another old-law tenement and the combined area on any story exceeds three thousand square feet, the stair halls, entrance halls and other public halls of the whole dwelling shall be made to conform to the requirements of subdivision two of section two hundred thirty-three and sections two hundred thirty-four to two hundred thirty-eight inclusive, except that such combined tenements, if over three stories in height, shall have in the roof a fireproof bulkhead with a fireproof self-closing door.

7. In lieu of fire retarding required under subdivision five, there may be installed in public halls an automatic dry pipe valve system or, where halls are heated, an automatic wet pipe system.  Where a sprinkler system is installed it shall be equipped on each story with heads in such number and spaced to protect the complete area of the public halls and stairs and shall be constructed, located and arranged on every stair and entrance hall and in every closet opening therefrom in such a manner as the department may require.  Such sprinkler system shall be maintained continuously in good repair and serviceable condition.

Title 2 Fire Protection

In every existing tenement which is not heated from a central heating plant there shall be adequate flues or chimneys through every floor with a fireplace or place for a stove properly connected with one of such flues or chimneys for every apartment.

1. Every non-fireproof tenement exceeding two stories in height and every fireproof tenement erected after May sixteenth, nineteen hundred thirteen, shall have at least two independent means of egress, which shall extend from the ground story to the roof, be located remote from each other and be separated from each other by walls.

2. One of such means of egress shall be a flight of stairs constructed as provided in sections two hundred thirty-three to two hundred thirty-eight inclusive; but this sentence shall not be construed to require any alteration in the material or width of any stair or its treads and risers lawfully permitted on April eighteenth, nineteen hundred twenty-nine.

3. The other required means of egress shall be directly accessible at each story to each apartment without having to pass through the first means of egress.  Such other means of egress shall be any one of the following, as the owner may elect:

a. A system of outside fire-escapes constructed as provided in section fifty-three.

b. An additional stair, either inside or outside, constructed and arranged as provided in sections two hundred thirty-three to two hundred thirty-eight inclusive.

c. A fire-tower or fire-stair constructed and arranged as provided in section two hundred thirty-nine.

d. Except as provided in subdivision nine of section fifty-three, any means of egress lawfully permitted on April eighteenth, nineteen hundred twenty-nine, except wire, chain, cable, vertical ladder, or rope fire-escapes.

1. All fire-escapes erected after April eighteenth, nineteen hundred twenty-nine, shall be arranged and constructed in conformity with the provisions of section fifty-three.

2. As specifically indicated in subdivision nine of section fifty-three, a wire, chain, cable, vertical ladder, or rope fire-escape is an unlawful means of egress from any apartment.  Every such fire-escape shall be removed and replaced, if required as a means of egress, by a system of fire-escapes constructed and arranged as provided in section fifty-three.

1. Every tenement, except as in this section otherwise provided, shall have in the roof a fireproof bulkhead with a fireproof door and after January first, nineteen hundred fifty-seven, the door shall be self-closing.  Bulkheads existing on April eighteenth, nineteen hundred twenty-nine, shall be lawful and may be replaced or repaired with material conforming to the material of which such bulkhead consisted on such date.

2. A bulkhead in the roof of an old-law tenement which is more than a basement and four other stories in height or which is a basement and four other stories in height and occupied by three or more families on any story, may be of wood covered with metal on the outside and fire-retarded on the inside.  Such a bulkhead shall be equipped with a fire-retarded door and assembly with the door self-closing.

3. In any old-law tenement which is four stories or less in height or which is a basement and four other stories in height and occupied by not more than two families on any story, no bulkhead shall be required provided such tenement is equipped with a scuttle located in the ceiling of a public hall on the top story and with access thereto direct, uninterrupted and easily accessible to all tenants.  All such scuttles shall be at least twenty-one inches in width and twenty-eight inches in length.  They shall be constructed so as to be readily opened, covered on the outside with metal and provided with stairs or stationary iron ladders leading thereto.

4. Every required stair in every tenement erected after April eighteenth, nineteen hundred twelve, which is more than a basement and three other stories in height shall extend to and through a bulkhead in the roof.  Such bulkhead shall have a fireproof door and assembly with the door self-closing and may be constructed of wood covered with metal on the outside and fire-retarded on the inside.

5. Stairs leading to required bulkheads shall be fireproof and constructed as specified in sections two hundred thirty-four to two hundred thirty-eight inclusive, except that any such stairs existing on April eighteenth, nineteen hundred twenty-nine, shall be permitted without alteration, and that any such stairs constructed after such date in any old-law tenement may have such width and angle of ascent, and risers and treads of such dimensions, as approved by the department.  All stairs to required bulkheads shall be provided with a guide or hand rail.

6. Bulkhead doors and scuttles 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 it from the inside of the dwelling.  All key locks are unlawful and where existing shall be removed.

1. In every tenement erected after April eighteenth, nineteen hundred twelve, all stairs shall extend from the entrance story to the roof, except as otherwise provided in section two hundred thirty-three, and the stairs and public halls shall each be at least three feet in clear width.  Every apartment in such a tenement shall be directly accessible at each story to such stairs and public halls, and every story of such apartment shall be so accessible to such a stair and public hall or to a tower fire-escape or stairway, as provided in this section and sections two hundred thirty-five to two hundred thirty-nine inclusive.

2. In every tenement erected after April twelfth, nineteen hundred one, except as provided in paragraph b of subdivision two of section two hundred thirty-eight, all stairs and public halls shall be completely separated from all other stairs and from every elevator by brick walls or partitions of terra cotta blocks at least four inches thick, or hollow cement blocks at least four inches thick which have successfully withstood a three-hour standard fire test and been approved by the department and have fireproof doors and assemblies with the doors self-closing at all openings.  From any portion of a public hall in such a tenement there may be a recess which shall not be deemed a public hall if the walls, floor and ceilings enclosing it are fire-retarded and such recess is at all times adequately lighted by electric lights of at least fifteen watts or equivalent illumination.  Such a recess shall not be more than twenty feet long and shall not be used as a means of egress from more than three apartments.

1. Every non-fireproof tenement erected after May fifteen, nineteen hundred two, containing more than twenty-six apartments or suites of rooms above the entrance story shall have an additional stair for every additional twenty-six apartments or suites or fraction thereof; except that if such tenement contains not more than thirty-six apartments above the entrance story, in lieu of an additional stair the stairs, stair halls and entrance halls throughout the entire tenement may each be at least one-half wider than is specified in sections two hundred thirty-four, two hundred thirty-seven and two hundred thirty-eight.

2. The number of apartments on any story in any non-fireproof tenement may be altered, if the number of living rooms on such story is not increased by more than twenty per centum.  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 story or section thereof, except that if the number of living rooms on any such story or section does not exceed thirty, in lieu of an additional stair one stair and every public hall connected therewith may be at least one-half wider than is specified in sections two hundred thirty-four, two hundred thirty-seven and two hundred thirty-eight.

3. Whenever the total number of rooms, exclusive of bathrooms, water-closet compartments, and cooking spaces less than eighty square feet in area, in any non-fireproof tenement or section thereof is decreased through the process of an alteration, the number of apartments may be altered and the provisions of this section which relate to additional stairs shall not be applicable.

1. Except as in this section otherwise provided, every fireproof tenement erected after May fifteenth, nineteen hundred two, containing more than thirty-six apartments or suites of rooms above the entrance story shall have an additional stair for every additional thirty-six apartments or suites or fraction thereof.

2. If such a tenement contains not more than forty-eight apartments or suites above the entrance story, in lieu of an additional stair the stairs, stair halls and entrance halls throughout the entire tenement may each be at least one-half wider than is specified in sections two hundred thirty-four, two hundred thirty-seven and two hundred thirty-eight.

3. If such a tenement contains more than seventy-two apartments or suites but not more than eighty-four above the entrance story, in lieu of three stairs there may be only two stairs, provided that one of such stairs and the stair and entrance halls connected therewith are at least one-half wider than is specified in sections two hundred thirty-four, two hundred thirty-seven and two hundred thirty-eight.

4. For the purposes of this section a janitor's apartment in a penthouse shall not be construed as an additional apartment.

5. The number of apartments on any story in any fireproof tenement may be altered, if the number of living rooms on such story is not increased by more than thirty per centum.  If the number of living rooms on any story or section thereof above the entrance story exceeds thirty, there shall be an additional stair for each thirty rooms or fraction thereof on any such story or section thereof, except that if the number of living rooms on any such story or section does not exceed forty, in lieu of an additional stair one stair and every public hall connected therewith may be at least one-half wider than is specified in sections two hundred thirty-four, two hundred thirty-seven and two hundred thirty-eight; but in every such tenement erected before May sixteenth, nineteen hundred thirteen, and altered as herein permitted, the occupants of each additional apartment shall have access to at least two independent means of egress, which shall be made to conform to the requirements of section two hundred thirty-one for fireproof tenements erected after such date.

6. Whenever the total number of rooms, exclusive of bathrooms, water-closet compartments, and cooking spaces less than eighty square feet in area, in any fireproof tenement or section thereof is decreased through the process of an alteration, the number of apartments may be altered and the provisions of this section which relate to additional stairs shall not be applicable.

1. Every stair in a tenement erected after April twelfth, nineteen hundred one, shall be accessible on the entrance story from a street or street court, or from an inner court which connects directly with a street.

2. All such stairs shall have risers of eight inches or less and treads at least ten inches in clear width and three feet in clear length.

3. Winding stairs shall be unlawful except in a tenement provided with a passenger elevator.  When winding stairs or radial steps are installed or used, the strings from which the risers radiate shall be curved on a circle of at least one foot diameter, the treads shall be at least four inches wide at the string, not including the nosing, and the angle formed by the face of each riser and the string shall not diverge more than forty degrees from a line normal to the string at the intersection of such riser.  It shall be unlawful to construct new winding stairs.

4. Stairs constructed after April eighteenth, nineteen hundred twenty-nine, shall comply with the provisions of subdivisions two to six inclusive of section fifty-two.

All stair and entrance halls in tenements shall be constructed as provided in this section.

1. In tenements erected after April twelfth, nineteen hundred one:

a. On every story there shall be fireproof doors and assemblies with the doors self-closing separating every such stair and entrance hall from all non-fireproof parts of the tenement.

b. There shall be no transom, sash or similar opening of any kind from such stair and entrance halls to any other part of the tenement.

c. If such tenements are non-fireproof, and are occupied by three families or more on any story or are five stories or more in height, the stair and entrance halls shall be enclosed with brick walls, except as provided in paragraph a of subdivision three.

2. In tenements erected after April fourteenth, nineteen hundred three:

a. Every entrance hall shall be at least three feet six inches in clear width from the entrance up to and including the stair enclosure, and beyond that at least three feet in clear width.  If such entrance hall is the only entrance to two stairs or more, that portion of the hall between the entrance and the first stair, including the stair enclosure, shall be at least five feet three inches in clear width.

b. Such halls shall comply with the requirements of sections two hundred thirty-four to two hundred thirty-seven inclusive as to construction of stair and entrance halls, except that if such tenements are fireproof entrance hall enclosures need only withstand a fire test of two and one-half hours and angle iron construction may be substituted for brick walls.

c. In every such tenement access shall be provided from a street to the yard either in a direct line or through a court.

d. If such tenements are occupied by not more than two families on any story and are not more than four stories in height, the floors of the stair and entrance halls shall be fireproof or filled in between the floor beams with at least five inches of concrete deafening.  The stairs shall be fireproof, or may be of wood provided the soffits of the stairs are fire-retarded, or covered with plaster board at least one-half inch thick, with all joints true and well pointed.  The stair and entrance halls in such tenements shall be enclosed on all sides with brick walls or with partitions of angle iron and fireproof blocks four inches or more in thickness, except as provided in paragraph e.

e. If such tenements are occupied by not more than two families on any story and are not more than three stories in height, the stair and entrance halls may be enclosed in wood stud partitions, fire-retarded on both sides, or covered with plaster board at least one-half inch thick, with all joints true and well pointed and with the spaces between the studs filled in with brick to the height of the floor beams.

3. In tenements erected after April eighteenth, nineteen hundred twelve:

a. If such tenements are occupied by three or more families on any story, or are five stories or more in height, the stairs and entrance halls shall be fireproof throughout and all stairs provided with handrails, except that stair treads two inches or more in thickness and handrails may be of hard wood.  All windows in such halls shall be fireproof and, except for windows opening on a street in a tenement six stories or less in height, shall be glazed with wire glass.  Such halls shall be enclosed with brick walls, except that one or more sides may be left open to a street, yard or court.

b. Public halls which are more than forty feet in length and are used as a means of egress from four or more apartments shall be fireproof throughout and doors opening therefrom and their assemblies shall be fireproof with the doors self-closing.

4. In old-law tenements four stories or more in height:

a. Whenever the entrance halls of any such tenements adjoin they shall be separated by a fire-retarded wall.

b. The walls and ceilings of every entrance hall and stair hall, and every public hall connected therewith, and the soffit of every stair shall be fire-retarded.  In all such halls all wood wainscoting except a flat base and stair stringers ten inches or less in height, and all wood railings, balustrades and newel posts shall be removed completely and replaced with metal or other hard incombustible materials of such size and secured in such manner as may be approved by the department, except that handrails may be of hard wood.

c. Every door opening into any entrance hall or stair, or into any public hall connected therewith, shall be self-closing; every glazed opening or glazed panel in such a door shall be glazed with wire glass, and every transom opening into any public hall shall be glazed with wire glass and permanently secured in a closed position.

d. Every interior sash, or opening other than a door, in the walls or partitions of such halls, and every window therein not opening to the outer air, shall be removed and the openings closed up and fire-retarded.

In fireproof tenements tower fire-escapes or stairs which are supplemental to the stairs required by law may be installed providing such tower fire-escapes or stairs shall be shut off from all other parts of the dwelling by brick walls or partitions of terra cotta blocks at least four inches thick, or hollow cement blocks at least four inches thick which have successfully withstood a three-hour standard fire test and been approved by the department, and have fireproof doors and assemblies with the doors self-closing at all openings.  Whenever such supplementary stairs are provided they shall be constructed in accordance with such supplementary regulations as may be adopted by the department.  Such tower fire-escapes or stairs shall not be used as service stairs and shall be kept adequately lighted at all times and free from encumbrance.

1. In all tenements erected after April twelfth, nineteen hundred one, which are five stories or more in height, the first floor above the lowest cellar, or, if there be no cellar, above the basement or other lowest story, shall be fireproof; and all exposed portions of any iron or steel beams below the floor arches shall be fire-retarded.

2. In all non-fireproof tenements erected after such date which are four stories or less in height, the ceiling of the lowest cellar, or, if there be no cellar, of the basement or other lowest story, shall be fire-retarded or covered with plaster boards at least one-half inch in thickness, with all joints made true and well pointed.

3. In all old-law tenements which are four stories or more in height the ceiling of the cellar, or, if there be no cellar, of the basement or other lowest story, shall be fire-retarded.

1. In tenements erected after April eighteenth, nineteen hundred twelve, wood stud apartment partitions which are directly over each other shall run through the wood floor beams and rest upon the plate of the partition below.  In fireproof tenements erected after such date all partitions shall rest directly upon the fireproof floor construction and extend to the fireproof beam filling above.  Apartment partitions within the meaning of this section are partitions crossing the floor beams at any angle and separating one apartment from another or any part of an apartment from any public part of the dwelling.

2. In tenements erected after April eighteenth, nineteen hundred twelve, apartment studding shall be filled in solidly between the uprights to the depth of the floor beams with incombustible materials.

3. In non-fireproof tenements erected after April twelfth, nineteen hundred one, in every wall where wood furring is used, every course of masonry from the under side to the top of any floor beams shall project a distance of two inches or more beyond each face of the wall that is not on the outside of the dwelling, so as to provide an effective fire stop; and whenever floor beams run parallel to a wall and wood furring is used, every such beam shall always be kept two inches away from the wall, and the space between the beams and the wall shall be built up solidly with brickwork from the underside to the top of the floor beams so as to form an effective fire stop.

1. Cellar stairs in non-fireproof tenements erected after April twelfth, nineteen hundred one, which are occupied by three families or more on any story or which are five stories or more in height, shall be governed by the provisions of section one hundred fifty for non-fireproof multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine.  In all other non-fireproof tenements erected after April twelfth, nineteen hundred one, any stair leading to a cellar may be located inside the building, provided it is enclosed with fireproof walls and is provided with fireproof doors and assemblies at both the top and bottom, with the doors self-closing.

2. In old-law tenements exceeding a basement and three other stories in height and provided with an inside cellar stair communicating between the entrance story and a cellar or lower story, the opening to such stair if located underneath the main stair leading to the upper stories shall be enclosed from the level of the entrance story up to the underside of the first flight of such main stairs.  The soffit of such first flight of main stairs and the partitions forming such enclosure shall be fire-retarded or covered with twenty-six gauge metal.  The opening to such enclosure shall be provided with a fireproof door and assembly with the door self-closing.

In fireproof tenements erected after April eighteenth, nineteen hundred twelve, the cellar and basement stairs shall be located, arranged and constructed as provided in section one hundred six for fireproof dwellings erected after April eighteenth, nineteen hundred twenty-nine.
In non-fireproof tenements erected after April twelfth, nineteen hundred one, no closet of any kind shall be constructed or maintained under any stair leading from the entrance story to the upper stories, and such space shall be kept entirely open and clear of any encumbrance.
In tenements erected after April twelfth, nineteen hundred one, there shall be an entrance to the cellar, or to the basement or other lowest story if there be no cellar, from the outside of the tenement.

Title 2-A Single Room Occupancy

1. It shall be unlawful to occupy any frame multiple dwelling for single room occupancy.  It shall be unlawful to occupy any other existing class A dwelling or part thereof as a rooming house or furnished room house or for single room occupancy unless such dwelling or part shall conform to the provisions of this section and to such other provisions of this chapter as were applicable to such dwelling before such conversion.  This section shall not be construed to prohibit the letting by a family of one or more rooms within their apartment to not more than a total of four boarders, roomers or lodgers provided, however, that every room in such apartment shall have free and unobstructed access to each required exit from such apartment as required by the provisions of paragraphs a, b and c of subdivision four of this section.  A dwelling occupied pursuant to this section shall be deemed a class A dwelling and dwelling units occupied pursuant to this section shall be occupied for permanent residence purposes, as defined in paragraph a of subdivision eight of section four of this chapter.

2. Any such dwelling may be so occupied without increasing the number of stairs.

3. The number of rooms shall not be increased nor shall the light or ventilation of any room be impaired.

4. a. No room in any apartment shall be so occupied unless each room therein shall have free and unobstructed access to each required means of egress from the dwelling without passing through any sleeping room, bathroom or water-closet compartment.

b. There shall be access to a second means of egress within the apartment without passing through any public stair or public hall.  On and after July first, nineteen hundred fifty-seven every tenement used or occupied for single room occupancy in whole or in part under the provisions of this section and which does not have at least two means of egress accessible to each apartment and extending from the ground story to the roof, shall be provided with at least two means of egress, or, in lieu of such egress, every stair hall or public hall, and every hall or passage within an apartment, shall be equipped on each story with one or more automatic sprinkler heads approved by the department.  Elevator shafts in such tenements shall be completely enclosed with fireproof or other incombustible material and the doors to such shafts shall be fireproof or shall be covered on all sides with incombustible material.

c. Where access to a required means of egress is provided through a room, such access to such room shall be through a clear opening at least thirty inches wide extending from floor to ceiling and such opening shall not be equipped with any door or door frame, or with any device by means of which the opening may be closed, concealed or obstructed.

d. All doors which open to any public hall or required stair hall and the door assemblies shall be fireproof with the doors self-closing.

e. All doors opening from any room to any hall or passage within an apartment shall be self-closing and all transoms within an apartment shall be permanently closed.  All plain glass shall be removed from such doors and transoms and replaced with wire glass, wood or other non-shatterable material satisfactory to the department.

f. Directly over the opening to every required means of egress within an apartment, there shall be a sign of a type approved by the department marked “Fire Exit” and lighted in red at all times to indicate clearly the location of the means of egress, and on the walls of any hall or passage within the apartment leading to such means of egress there shall be maintained at all times arrows to indicate clearly the direction and location of the fire exit.

g. Every hall or passage within an apartment shall be unobstructed and well lighted at all times with a minimum of one foot-candle of light.

h. All wood wainscoting except a flat base not exceeding ten inches in height shall be removed from every hall or passage within an apartment.

5. In every such dwelling which is not fireproof every hall or passage within an apartment shall be equipped with a sprinkler system, which shall be extended so as to have at least one sprinkler head in every room.  The construction and arrangement of such sprinkler system shall comply with the requirements of the department.

6. There shall be provided in each such dwelling an adequate and reliable fire alarm system, approved by the fire commissioner by means of which alarms of fire or other danger may be instantly communicated to every portion of the dwelling.  Where, throughout the dwelling, a closed-circuit, automatic thermostatic fire-detecting system is installed which actuates an interior fire alarm system, or where, throughout the dwelling, an approved-type automatic sprinkler system is installed which actuates an interior fire alarm system by the flow of water through such sprinkler system, a watchman need not be provided as required in subdivision fifteen of this section.

7. There shall be a fire-retarded bulkhead in the roof connecting directly with the highest portion of any stairway to the roof, which bulkhead shall contain a fireproof door and assembly with the door self-closing.  The stairs leading to such bulkhead shall be fireproof or fire-retarded as required for public stairways in the other parts of such dwelling.

8. a. Every wash basin, bath, shower, sink and laundry tub shall be provided with an adequate supply of hot and cold water.

b. When the number of occupants of such a dwelling is eleven or more, there shall be provided for them in such dwelling at least one laundry tub and facilities for drying clothes.

9. Cooking shall be permitted only in kitchens and cooking spaces complying with the provisions of section thirty-three.  Any gas fixtures in such spaces shall be connected with permanent, rigid piping.  The use of any movable cooking apparatus in any sleeping room is unlawful.

10. a. There shall be a central heating system adequate to heat every sleeping room in a dwelling to the temperature requirements prescribed by subdivision one of section seventy-nine of this chapter.

b. The use of any movable heating apparatus in any sleeping room is unlawful.

c. Every boiler room shall be constructed in accordance with the provisions of section sixty-five and shall be adequately ventilated.

11. a. No room may be occupied for sleeping purposes unless it has a window or windows with an aggregate glazed area of at least ten per centum of the total floor area of such room.  Each such window shall be at least twelve feet in area and so constructed that at least half of its area may be opened.

b. Any room on a top story may be lighted and ventilated by a skylight of the same area as required for windows and arranged to provide an opening of at least six square feet for ventilation.

c. In every sleeping room, except a room on the top story so lighted and ventilated, there shall be at least one window meeting the requirements of section two hundred thirteen, except as otherwise specified in this subdivision, opening upon a street or upon a yard, court or shaft meeting the requirements of section two hundred twelve, but in no case shall such a court or shaft be less than twenty-eight inches in width.

d. Every room shall be adequately lighted by electricity.  The use of gas or any other type of open flame lighting is unlawful.

12. No room may be occupied for sleeping purposes by more than two adults considering children of twelve years 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.

13. Every room rented for single room occupancy and all furniture and bedding therein shall be thoroughly cleansed before occupancy and every sleeping room at least once a week thereafter.  When bed linens are provided they shall be changed at least once every week.  When the rent includes the use of towels, at least one bath towel and two hand towels shall be provided every week for each occupant.  Such cleansing and service shall be the exclusive obligation of the person from whom the occupant rents such room.

14. Except as provided in subdivision thirteen, the owner shall maintain the dwelling in conformity with section eighty relating to cleanliness.

15. There shall be a competent manager living on the premises, who shall be responsible for the conduct, operation and maintenance of the dwelling, and, except as provided in subdivision six of this section, there shall also be on the premises at all times a competent watchman in charge of the dwelling.

16. Deleted by .

17. In each such dwelling a register shall be kept, which shall show the name, signature, residence, date of arrival and date of departure of each occupant and the room occupied by him.

Title 3 Sanitation

Water-closet compartments in tenements shall comply with the applicable provisions of section seventy-six.
Supplementary water-closet compartments and bathrooms in fireproof tenements shall be ventilated and lighted in accordance with the applicable provisions of section seventy-six.
In every apartment of three or more rooms in any tenement erected after April twelfth, nineteen hundred one, there shall be access to every living room and bedroom and to at least one compartment or bathroom containing a water-closet without passing through any bedroom.
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