§ 102 — Stairs
This text of New York § 102 (Stairs) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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§ 102. Stairs.
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§ 102. Stairs. 1. Except as otherwise specifically provided in\nsubdivisions three and four and in paragraphs b to j inclusive of\nsubdivision six, every multiple dwelling which exceeds two stories in\nheight shall have at least two fire-stairs. Such fire-stairs shall\nextend from the entrance story to the roof and be equipped with\nfireproof self-closing doors glazed with wire glass and without\ntransoms. No windows shall be required in such stairs, but any openings\nin exterior walls, except any window openings facing a street or yard,\nshall be equipped with fireproof frame and sash glazed with wire glass.\nEntrances to such fire-stairs shall be at least fifteen feet distant\nfrom each other and from the entrance to every other fire-stair or\nfire-tower, except that the distance between two such entrances may be\nless if they are on opposite sides of an elevator vestibule or other\npublic hall or are separated by an elevator shaft. The doors giving\naccess to such stairs shall not be held open by any device whatever.\n 2. Every such fire-stair shall have an entrance on the entrance story\nfrom a street or an entrance at the side or rear of the dwelling from a\nyard, court or passageway having continuous, safe and unobstructed\naccess to a street. Except as otherwise expressly provided in paragraphs\nb to j inclusive of subdivision six, in a dwelling not exceeding one\nhundred twenty-five feet in height every stair, fire-stair and\nfire-tower shall be at least three feet in clear width, and where only\none fire-stair or fire-tower is required such fire-stair or fire-tower\nshall be at least three feet eight inches in clear width. In a dwelling\nexceeding one hundred twenty-five feet in height every required\nfire-stair shall be at least three feet eight inches in clear width from\nthe entrance story up to a floor level not more than one hundred feet\nbelow the ceiling of the highest story, and above such level every\nfire-stair shall be at least three feet in clear width. Every stair\nlanding at every floor level shall be at least three feet eight inches\nin clear width in every direction.\n 3. Except in dwellings erected under plans filed with the department\nbefore April twenty-eighth, nineteen hundred thirty, and except as\notherwise provided in paragraphs b to j inclusive of subdivision six\nthere shall be horizontal access from every apartment to at least two\nfire-stairs, at least one of which shall be within seventy-five feet\nhorizontally in the line of travel from a required means of egress from\nsuch apartment.\n 4. Except as provided in paragraphs b, c and d of subdivision six, a\nfire-tower may be substituted for any required fire-stair. When a\nfire-tower is substituted for a fire-stair, such fire-tower shall comply\nwith all the applicable requirements for the fire-stair it replaces and\nshall have its means of egress directly to a street or to a yard or\ncourt having direct, unobstructed access to a street without passing\nthrough any entrance hall; except that a fire-tower may have its means\nof egress into a public vestibule if such means is not more than fifteen\nfeet from a street in the line of travel.\n 5. The stairs in a tower or dwelling containing a passenger elevator\nand meeting the conditions of paragraphs f, g or h of subdivision six\nmay conform to the provisions of such paragraph and paragraph i of such\nsubdivision in lieu of the different provisions which would otherwise be\napplicable thereto.\n 6. Under the special conditions described in paragraphs a to j\ninclusive and in the following table, which applies only to class A\ndwellings, stairs shall conform to the applicable provisions of such\nparagraphs and table.\n NOTE: TABLE FOUND IN CHAP. 234 OF THE LAWS OF 1964\n a. Except as otherwise expressly provided in this paragraph and in\nparagraphs b to j inclusive of subdivision six, if the number of living\nrooms on any story above the entrance story exceeds forty, there shall\nbe an additional fire-stair for each twenty living rooms or fraction\nthereof in excess of forty on any story above the entrance story. Such\nan additional fire-stair shall not be required if the number of living\nrooms on no story above the entrance story exceeds fifty and in addition\nthe clear width of one fire-stair is at least one and one-half times the\nwidth specified for a fire-stair in subdivision two, the clear width of\nevery public hall connected with such fire-stair is at least one and\none-half times the width specified for a public hall in section one\nhundred seven and the clear width of every entrance hall connected with\nsuch fire-stair is at least one and one-half times the width specified\nfor an entrance hall in section fifty. Any additional fire-stair\nconstructed pursuant to this paragraph need not be carried to a greater\nheight than the level of a roof, or of a terrace formed by a setback,\nabove the highest story on which the number of rooms requires such\nadditional stair. When any fire-stair terminates at the level of a\nsetback of any outer wall, such setback shall form a terrace at least\nfour feet in depth measured between the inside of the parapet wall and\nthe wall of the dwelling and at least ten feet in length measured\nparallel to the wall of the dwelling.\n b. In a class A dwelling or section thereof not exceeding six stories\nin height, for which plans shall have been filed in the department\nbefore September first, nineteen hundred fifty-one, only one stair shall\nbe required, provided the number of apartments having access to such\nstair on each story does not exceed six and the aggregate number of\nliving rooms in such apartments does not exceed twenty, except that the\ntotal number of rooms above the first story shall not exceed one hundred\nand the total number of apartments above the first story shall not\nexceed thirty. Such stair shall in addition comply with all the\nprovisions of section one hundred forty-eight relating to stairs in\nnon-fireproof dwellings, except that in lieu of a window such stair may\nhave at each story an opening to a street or to a lawful yard or court\nother than a court on a lot line. Such opening shall be at least forty\nsquare feet in area and five feet in width, and shall be furnished with\na properly secured guard railing at least five feet in height and\napproved by the department. Such opening shall be kept continuously\nopen to the outer air. No means of egress from any apartment to such\nstair shall be more than twenty-five feet distant therefrom.\n c. In a class A dwelling or section thereof not exceeding six stories\nin height only one stair shall be required, provided the number of\nliving rooms on any story above the entrance story does not exceed\ntwenty. If the number of living rooms on any story or section thereof\nabove the entrance story exceeds twenty, there shall be an additional\nstair for each twenty rooms or fraction thereof on any such floor or\nsection in excess of twenty, except that if the number of living rooms\non no such story or section above the entrance story exceeds thirty, in\nlieu of an additional stair one stair and every public hall connected\ntherewith may be four feet six inches in clear width. Such stair shall\nbe completely separated from every other stair, fire-stair, fire-tower,\npublic hall and shaft by fireproof walls. Doors to stairs, fire-stairs\nand fire-tower balconies from any public hall in such a dwelling or\nsection shall be at least three feet wide, self-closing and fireproof,\nwith their assemblies also fireproof. The panels of every such door\nshall be glazed with clear wire glass and no pane thereof shall exceed\nthree hundred sixty square inches in area. Those portions of the\nenclosure partition which separate the public hall from the stair shall\nbe glazed with wired plate glass at least one-quarter inch in thickness,\nwith no pane more than three hundred sixty square inches in area, so as\nto provide so far as practicable an unobstructed view of the stair from\neach public hall. Glass panels shall be at least twelve inches and not\nmore than sixteen inches above the floor of the public hall. Public\nhalls providing access to any such enclosed stair shall be lighted and\nventilated as prescribed for non-fireproof dwellings in section one\nhundred forty-nine. No means of egress from any apartment to such a\nstair shall be more than fifty feet distant therefrom.\n d. In a class A dwelling or section thereof not exceeding six stories\nin height only one stair shall be required, provided the number of\napartments having access to such stair at each story does not exceed\neight and the aggregate number of living rooms in such apartments does\nnot exceed twenty-five, except that the total number of living rooms\nabove the first story shall not exceed one hundred twenty-five and the\ntotal number of apartments above the first story shall not exceed forty.\nNo means of egress from any apartment to such stair shall be more than\ntwenty-five feet distant therefrom. Doors and stair enclosures shall\nconform to the provisions of paragraph c.\n e. In a dwelling conforming to the provisions of paragraph b, c or d\nthe lowest story may be designated as a basement if such story is not\nused for living purposes but is used solely for storage or other general\nutility purposes accessory to the occupancy, use and management of the\ndwelling. Such a basement shall not be deemed a story in computing the\nheight of the dwelling.\n f. Every tower erected pursuant to plans on or after December\nfifteenth, nineteen hundred sixty-one in a fireproof dwelling shall be\nprovided with at least one passenger elevator. Such elevator shall be\noperated between the ground story and the highest story of such tower\ncontaining any living room and horizontal access thereto shall be\nprovided at each story for every apartment in the tower. Stairs in such\na tower may comply with the following provisions of this paragraph in\nlieu of the different provisions otherwise applicable. In such case\nthere shall be provided at least one fire-stair. If there are more than\nfifteen living rooms on any story of the tower, there shall be an\nadditional fire-stair for each additional fifteen such rooms or fraction\nthereof. Every fire-stair so required shall extend from the top story of\nthe tower to the entrance hall of the dwelling and be horizontally\naccessible from each story of every apartment in the tower. If the tower\nwas erected under plans filed with the department on or after April\ntwenty-eighth, nineteen hundred thirty, it shall also have an additional\nmeans of egress as provided in paragraph i of this subdivision.\n g. In a dwelling in which one or more passenger elevators are operated\nwith horizontal access from every apartment in the dwelling and in which\nevery story has an area of not more than twenty-five hundred square feet\nexclusive of elevator shafts, public halls, stairs and fire-stairs and\ncontains not more than fifteen living rooms, stairs may comply with the\nprovisions of this paragraph in lieu of the different provisions\notherwise applicable. In such case there shall be at least one\nfire-stair, and there need not be more than one, accessible from each\napartment on each story and extending from the roof to the entrance\nstory with unobstructed access to a street. If the dwelling was erected\nunder plans filed with the department on or after April twenty-eighth,\nnineteen hundred thirty, it shall also have an additional means of\negress as provided in paragraph i.\n h. When a dwelling is divided into sections by unpierced fireproof\nconstruction extending from the second tier of beams above the ground\nstory to the roof, and one or more passenger elevators are operated in\neach such section with horizontal access from each apartment therein,\nand every story of each such section above the entrance story contains\nnot more than ten living rooms where there are four or more apartments\non such story or not more than fifteen living rooms where there are\nthree apartments or less on such story, stairs may comply with the\nprovisions of this paragraph in lieu of the different provisions\notherwise applicable. In such case there shall be in each such section\nat least one fire-stair, and there need not be more than one, extending\nfrom the roof to the entrance story with unobstructed access to a\nstreet. If the dwelling was erected under plans filed with the\ndepartment on or after April twenty-eighth, nineteen hundred thirty,\neach such section shall also have an additional means of egress as\nprovided in paragraph i.\n i. The main means of egress from every apartment in a tower or\ndwelling erected pursuant to the provisions of paragraph f, g, or h\nshall be within twenty-five feet of a fire-stair meeting the\nrequirements of such paragraph. If the tower or dwelling was erected\nunder plans filed with the department on or after April twenty-eight,\nnineteen hundred thirty, egress shall also be provided, in addition to\nthe required fire-stairs, by means of another stair extending from the\nmain roof of the dwelling, or in the case of a tower from the highest\nstory thereof, to the entrance story, with unobstructed access to a\nstreet. Such additional stair shall be horizontally accessible from each\napartment at each story through a vestibule or other public hall and\nshall conform with all the requirements for a fire-stair except that its\nclear width may be reduced to a minimum of twenty-eight inches, its\nrisers may be increased to a maximum of nine inches in height, and its\ntreads, exclusive of nosing, may be reduced to a minimum of eight inches\nin width. No door giving access thereto shall swing into such stair.\n j. A class B dwelling in which at least eighty per centum of the\nliving rooms above the second story open directly upon a public hall\nwithout any intervening foyer or private hall, shall have at least two\nfire-stairs accessible at each story from each room through a public\nhall. Such fire-stairs shall be so located that at least one fire-stair\nshall be not more than one hundred twenty-five feet along the line of\ntravel from the means of egress from any living room. Every such\nfire-stair shall have a clear width of at least three feet eight inches.\nTwo such fire-stairs shall be deemed adequate for seventy living rooms\non any story. For each thirty-five living rooms or fraction thereof in\nexcess of seventy on any story there shall be one additional fire-stair;\nexcept that if such fractional excess number of living rooms is not more\nthan twenty per centum of the total number of living rooms provided for\nby the required two fire-stairs and one additional fire-stair for each\nthirty-five living rooms, if any, in excess of seventy, in lieu of\nanother fire-stair for such fractional excess number of living rooms,\nthe area of every fire-stair landing at such story may be increased by\nnot less than two square feet for each living room of such fractional\nexcess number of living rooms. In every such dwelling each living room\nwhich is occupied by three persons or more shall be counted as one\nadditional room for each four hundred cubic feet or fraction thereof in\nexcess of eight hundred cubic feet in the cubic content of such room.\n
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