§ 67 — Hotels and certain other class A and class B dwellings

New York § 67

• Jurisdiction: New York
• Law MDW: Multiple Dwelling
• Title 2: Fire Protection and Safety
• Art. 3: Multiple Dwellings--general Provisions

Text

§ 67. Hotels and certain other class A and class B dwellings. 1. It\nshall be unlawful to occupy any class A or class B multiple dwelling,\nincluding a hotel, unless it conforms to the provisions of the specific\nsections enumerated in section twenty-five to the extent required\ntherein, including the applicable provisions of this section and all\nother applicable provisions of this chapter except that the provisions\nof this section shall not apply to:\n a. Converted dwellings;\n b. Tenements;\n c. Lodging houses;\n d. Class A multiple dwellings erected under plans filed with the\ndepartment after April eighteenth, nineteen hundred twenty-nine.\n 2. Any such multiple dwelling, altered or erected after April fifth,\nnineteen hundred forty-four, and which is required to conform to the\nprovisions of articles one, two, three, four, five, eight, nine and\neleven, shall not be required to conform to the provisions of\nsubdivisions three, six, nine and ten of this section.\n 3. The walls and ceiling of every entrance hall, stair hall or other\npublic hall, every hall or passage not within an apartment or suite of\nrooms, every dumb-waiter, elevator, and, except as provided in paragraph\nd of subdivision six, every other shaft, including stairs, connecting\nmore than two successive stories, shall be sealed off from every other\nportion of the dwelling with fire-retarding materials approved by the\ndepartment, or, in lieu thereof, except in the case of elevator shafts,\nshall be equipped with one or more automatic sprinkler heads. Nothing\ncontained herein shall be deemed to exempt from enclosure an interior\nrequired means of egress. The provisions of this subdivision and similar\nrequirements of section sixty-one shall not apply to a store or space\nused for business on any story where there are no sleeping rooms, when\nsuch store or space is protected with sprinkler heads.\n 4. There shall be one or more completely enclosed compartments for the\nstorage of mattresses, furniture, paints, floor wax, linens, brooms,\nmops and other such inflammable or combustible paraphernalia incidental\nto the occupancy and maintenance of the dwelling, and such paraphernalia\nshall be stored in no other portion of such dwelling. Such compartments\nshall be completely protected by one or more automatic sprinkler heads.\nEvery door from any such compartment shall be self-closing. Closets\nwhich do not exceed one hundred square feet in floor area may be used\nfor the temporary storage of such paraphernalia, except mattresses,\nfurniture, paints and insecticides containing inflammable materials and\nare excluded from the requirements of this subdivision.\n 5. All kitchens and pantries serving restaurants in such non-fireproof\ndwellings shall be equipped with one or more automatic sprinkler heads.\n 6. Except in fireproof class A multiple dwellings erected under plans\nfiled after January first, nineteen hundred twenty-five, and which were\ncompleted before December thirty-one, nineteen hundred thirty-three, and\nexcept as otherwise provided in paragraph c of this subdivision, in\nevery such dwelling three or more stories in height there shall be from\neach story at least two independent means of unobstructed egress located\nremote from each other and accessible to each room, apartment or suite.\n a. The first means of egress shall be an enclosed stair extending\ndirectly to a street, or to a yard, court or passageway affording\ncontinuous, safe and unobstructed access to a street, or by an enclosed\nstair leading to the entrance story, which story shall have direct\naccess to a street. That area of the dwelling immediately above the\nstreet level and commonly known as the main floor, where the occupants\nare registered and the usual business of the dwelling is conducted,\nshall be considered a part of the entrance story; and a required stair\nterminating at such main floor or its mezzanine shall be deemed to\nterminate at the entrance story. An elevator or an unenclosed escalator\nshall never be accepted as a required means of egress.\n b. The second means of egress shall be by an additional enclosed stair\nconforming to the provisions of paragraph a of this subdivision, a\nfire-stair, a fire-tower or an outside fire-escape. In a non-fireproof\ndwelling when it is necessary to pass through a stair enclosure which\nmay or may not be a required means of egress to reach a required means\nof egress, such stair enclosure and that part of the public hall or\ncorridor leading thereto from a room, apartment or suite, shall be\nprotected by one or more sprinkler heads; in a fireproof dwelling only\nthat part of the hall or corridor leading to such stair enclosure need\nbe so protected.\n c. Where it is impractical in such existing dwellings to provide a\nsecond means of egress, the department may order additional alteration\nto the first means of egress and to shafts, stairs and other vertical\nopenings as the department may deem necessary to safeguard the occupants\nof the dwelling, may require the public halls providing access to the\nfirst means of egress to be equipped on each story with one or more\nautomatic sprinkler heads, and, in non-fireproof dwellings, may also\nrequire automatic sprinkler heads in the stair which serves as the only\nmeans of egress.\n d. Nothing in this section shall be deemed to require the enclosure of\na stair which is ornamental provided such stair does not connect more\nthan two stories.\n e. A stair, fire-stair, fire-tower or fire-escape which is\nsupplementary to the egress requirements of paragraphs a, b and c of\nthis subdivision need not lead to the entrance story or to a street, or\nto a yard or a court which leads to a street, provided the means of\negress therefrom is approved by the department.\n 7. a. All doors opening from shafts, stair halls or stairs and the\ndoor assemblies shall be fire-resistive with the doors self-closing and\nwithout transoms or any other opening.\n b. All other doors opening upon entrance halls or other public halls\nor corridors in every part of the dwelling shall be self-closing. In\nnon-fireproof dwellings any existing openings in such doors, except in\ndoors to public toilet rooms or bathrooms, shall be closed and sealed in\nsuch manner as to provide a fire-resistive rating equal to the\nfire-resistive rating of the remainder of the door. Except as provided\nin this paragraph, any existing transoms over such doors in such\nnon-fireproof dwellings shall be firmly secured in a closed position, or\nremoved and the openings closed, in a manner satisfactory to the\ndepartment. If such doors or transoms are glazed with plain glass, such\nglass shall be removed and replaced with wire glass one-quarter of an\ninch in thickness or replaced with material approved by the department.\nIn non-fireproof dwellings existing transoms or ventilating louvres in\npublic halls or corridors, and any openings in partitions separating\nsleeping rooms from public halls or corridors to provide ventilation,\nneed not be replaced, closed or sealed provided such public halls or\ncorridors are protected by automatic sprinkler heads. When existing\nventilating louvres are located in the lower half of any such door they\nmay be retained and new ventilating louvres may be installed in the\nlower half of any new or existing doors provided the openable area of\nevery such louvre does not exceed one hundred forty-four square inches\nand the bottom of the opening is one foot or more above the finished\nfloor of the public hall or corridor upon which such door opens and, in\nsuch case, no sprinkler system shall be required.\n c. Every existing interior glazed sash, window or opening, other than\na door, in any partition forming required enclosures around stairs or\nshafts shall be removed and the openings closed up and fire-retarded.\nWhere an existing sash provides borrowed light to a public hall or\ncorridor from a living room and there is no glass panel in the door\nproviding access to such room, such sash shall be made stationary in a\nclosed position and be glazed with wire glass one-quarter inch in\nthickness, or be entirely removed and the opening closed up with\nincombustible material.\n d. All openings which provide direct access to a fire-escape from a\npublic hall or corridor shall be equipped with fireproof doors and\nassemblies with the door self-closing or fireproof windows glazed with\nclear wire glass. Doors providing access to fire-escapes from public\nhalls or corridors may be glazed with clear wire glass.\n e. It shall be unlawful to attach to or maintain on or about any door\nrequired to be self-closing any device which prevents the self-closing\nof such door.\n 8. a. (i) Every means of egress shall be indicated by a sign reading\n"EXIT" in red letters at least eight inches high on a white background,\nor vice versa, illuminated at all times during the day and night by a\nred light of at least twenty-five watts or equivalent illumination. Such\nlight shall be maintained in a keyless socket. On all stories where\ndoors, openings or passageways giving access to any means of egress are\nnot visible from all portions of such stories, lighted or reflective\ndirectional signs shall be maintained in conspicuous locations,\nindicating in red on a white background, or vice versa, the direction of\ntravel to the nearest means of egress. In addition to being posted in\nconspicuous locations, such signs located near the floor, giving\ndirection to the nearest means of egress, shall also be maintained. At\nleast one sign shall be visible from the doorway of each room or suite\nof rooms. Existing signs and illumination may be accepted if, in the\nopinion of the department, such existing signs and illumination serve\nthe intent and purpose of this subdivision. Supplementary stairs,\nfire-stairs, fire-towers or fire-escapes which do not lead to the\nentrance story or to a street or to a yard or court, leading to a\nstreet, shall be clearly marked "NOT AN EXIT" in black letters at least\nfour inches high on a yellow background and at the termination of each\nsuch stair, fire-stair, fire-tower or fire-escape, there shall be a\ndirectional sign indicating the nearest means of egress leading to a\nstreet. All signs shall be constructed, located and illuminated in a\nmanner satisfactory to the department.\n b. On each floor of every hotel or motel having two or more stories\nwhere the rooms or suites of rooms are connected by an interior hallway,\nthere shall be posted by each stairway, elevator or other means of\negress a printed scale floor plan of the particular story, which shall\nshow all means of egress, clearly labeling those to be used in case of\nfire. Such signs shall be posted in other conspicuous areas throughout\nthe building. Said floor plan shall be no smaller than eight inches by\nten inches and shall be posted in such a manner that it cannot be\nreadily removed.\n 9. The ceiling of the story immediately below the entrance story shall\nbe fire-retarded or be equipped with one or more sprinkler heads. Any\nboiler or furnace room within the dwelling used in connection with\nsupplying heat or hot water shall be enclosed with fire-retarded\npartitions and every door opening therefrom and its assembly shall be\nfireproof with the door self-closing. The ceiling of such room shall\nalso be fire-retarded or be equipped with one or more sprinkler heads.\n 10. a. There shall be provided in the roof directly over each stair,\nfire-stair, fire-tower, dumb-waiter, elevator or similar shaft which\nextends to or within one story of a roof, a ventilating metal skylight\nhaving horizontal dimensions equal at least to seventy-five per centum\nof the cross-sectional area of such shaft. Such skylight need not,\nhowever, exceed twenty square feet in area. Where an existing skylight\nis smaller than the dimensions or area prescribed in this paragraph, no\nstructural change shall be required, but a ventilating metal skylight\nfitting the existing opening in the roof shall be sufficient. Every\nskylight shall be glazed with plain glass in the roof of such skylight\nand shall be equipped with metal screens over and under the skylight. In\nlieu of a skylight a window of the same area at the top story shall be\naccepted.\n b. Whenever there is a flooring of solid construction at the top of\nany enclosed stair, fire-stair, fire-tower, elevator or similar shaft,\nopenings shall be left near the top of such shaft for ventilation. Such\nopenings shall provide at least two hundred eighty-eight square inches\nof unobstructed ventilation and shall communicate directly with the\nouter air, or be otherwise ventilated in accordance with the provisions\nof the local building code.\n c. It shall be unlawful to discharge into any such shaft any\ninflammable or volatile gases, liquids or other thing or matter which\nwould endanger life.\n 11. a. There shall be a fire-retarded bulkhead in the roof over, or\nconnecting directly by means of a public hall with the highest portion\nof, every stair extending to the highest story below the main roof.\nStairs leading to such bulkheads shall be fire-retarded as required for\nother public stairs and shall have at the top fireproof doors and\nassemblies with the doors self-closing. All stairs to required bulkheads\nshall be provided with a guide or handrail. A scuttle so constructed as\nto be readily opened may be substituted for a bulkhead in such dwellings\ntwo stories or less in height. Such scuttle shall be at least twenty-one\ninches in width and twenty-eight inches in length, covered on the\noutside with metal and provided with a stationary iron or steel ladder\nleading thereto.\n b. When a dwelling has a pitched or sloping roof with a pitch or slope\nof more than fifteen degrees, no bulkhead or scuttle, or stair or ladder\nleading thereto shall be required.\n c. A bulkhead door or scuttle shall never be self-locking and shall be\nfastened on the inside with movable rustproof bolts, hooks, or a lock\nwhich does not require a key to open from the inside of the dwelling.\n d. Bulkheads and stairs leading thereto existing on April fifth,\nnineteen hundred forty-four, shall be permitted provided the stairs have\nsuch angle of ascent and treads of such dimensions as may be approved by\nthe department.\n 12. In every such dwelling containing thirty or more rooms used for\nliving or sleeping purposes by transient occupants there shall be a\nclosed-circuit interior fire alarm system. Such alarm system shall be so\ninstalled and maintained that it can be operated manually from any story\nto sound an alarm or alarms capable of being heard clearly in all parts\nof the dwelling. Such alarm system shall be installed, arranged and\nmaintained in a manner satisfactory to the fire department.\n 13. When the local building code requires a standpipe system such\nsystem shall comply with all of the applicable requirements of such\ncode.\n 14. In every such fireproof dwelling containing fifty or more rooms\nused for living or sleeping purposes by transient occupants and in every\nsuch non-fireproof dwelling containing thirty or more such rooms, the\nowner shall employ one or more watchmen or clerks whose duty it shall be\nto visit every portion of the dwelling at frequent regular intervals for\nthe purpose of detecting fire or other sources of danger and giving\nimmediate and timely warning thereof to all the occupants. There shall\nbe provided a watchman's clock system or other device to record the\nmovements of such watchman. Such system shall be installed, supervised\nand maintained in a manner satisfactory to the fire department. However,\nthe provisions of this subdivision shall not apply where, throughout the\ndwelling, a closed-circuit, automatic, thermostatic fire-detecting\nsystem is installed which actuates a fire alarm, or where, throughout\nthe dwelling, an approved-type automatic sprinkler system is installed\nwhich actuates a fire alarm by the flow of water through such system.\n 15. a. Nothing in this section shall be construed as permitting\npartitions or materials which are not fireproof in any fireproof\ndwelling; nor shall anything in this section be deemed to abrogate any\npowers or duties vested by law in the fire commissioner or fire\ndepartment, except that an existing sprinkler installation, fire alarm\nor standpipe system which has been approved or accepted by the\ndepartment having jurisdiction and installed before July first, nineteen\nhundred forty-eight, shall, after inspection by the said department, be\ndeemed to be in compliance with the requirements of this section or may\nbe altered or adapted to meet such requirements instead of a completely\nnew installation or system.\n b. All automatic sprinkler heads required by this section shall be\nconstructed to fuse at a temperature not higher than one hundred\nsixty-five degrees Fahrenheit, spaced so as to protect the area which is\nrequired to be sprinklered, and installed, arranged and maintained in\nconformity with regulations adopted by the department.\n c. For the purposes of subdivisions twelve and fourteen of this\nsection, the term "transient occupancy" shall mean the occupancy of a\nroom for living purposes by the same person or persons for a period of\nninety days or less.\n 16. a. Notwithstanding any other provision of law to the contrary,\nwithin a dwelling to which this section is applicable the use of\ndwelling units as a hotel for other than permanent residence purposes,\nas defined in paragraph a of subdivision eight of section four of this\nchapter, that would otherwise be prohibited shall be permitted to\ncontinue for a period of two years after the effective date of this\nsubdivision provided that:\n (1) such dwelling units were used for other than permanent residence\npurposes on January first, two thousand nine and on the effective date\nof this subdivision and fifty-one percent or more of the total number of\ndwelling units in such dwelling were used for other than permanent\nresidence purposes on such dates;\n (2) such dwelling was occupied as a hotel for other than permanent\nresidence purposes on December fifteenth, nineteen hundred sixty-one;\n (3) such dwelling is of fireproof construction and was of fireproof\nconstruction on January first, two thousand nine;\n (4) such dwelling units used for other than permanent residence\npurposes have at least two lawful means of egress, including exit\nstairs, fire towers or exterior stairs but excluding fire escapes and\nhad such lawful means of egress on January first, two thousand nine;\n (5) such dwelling has operational exit signs and a fire alarm system\ncomplying with the provisions for existing transient occupancies in\naccordance with local law and had such exit signs and fire alarm system\non January first, two thousand nine; and\n (6) such dwelling units used for other than permanent residence\npurposes are registered with the department within one hundred eighty\ndays after the effective date of this subdivision in a form and manner\nto be provided by such department, including a requirement that the\napplicant submit certification of compliance with subparagraphs three,\nfour and five of this paragraph, signed and sealed by a registered\narchitect or licensed professional engineer in good standing under the\neducation law. The department may assess fees to cover all costs\nassociated with such registration. The department may refuse to register\ndwelling units or may revoke such registration if it determines such\ndwelling units or dwelling do not comply with the conditions for\nregistration set forth in subparagraphs one through five of this\nparagraph.\n b. The owner shall obtain a certificate of occupancy for the use of\nregistered dwelling units for other than permanent residence purposes\nwithin two years after the effective date of this subdivision. Upon\napplication prior to the expiration of such two year period, the\ndepartment may, for good cause, extend such time for up to one\nadditional year but no such extension shall be granted unless the\ndepartment finds that:\n (1) the owner has obtained the necessary permit or permits for all\nwork necessary to bring such dwelling into compliance with the\nrequirements of this chapter and all local housing, building and fire\ncodes for the use of dwelling units for other than permanent residence\npurposes;\n (2) all construction authorized by such permit or permits has been\nsubstantially completed; and\n (3) there are no considerations of public safety, health and welfare\nthat have become apparent since the issuance of the above described\npermit or permits that indicate an overriding benefit to the public in\nenforcing the requirement that the applicant obtain a certificate of\noccupancy for the use of registered dwelling units for other than\npermanent residence purposes within two years after the effective date\nof this subdivision.\n c. Upon application prior to the expiration of the time for obtaining\na certificate of occupancy, as extended by the department pursuant to\nparagraph b of this subdivision, the board of standards and appeals may\ngrant a further extension of time to obtain a certificate of occupancy\nin a case where there are circumstances beyond the applicant's control\nor hardship in the way of obtaining such certificate within the time\nallowed by the department but no more than one such extension of fifteen\nmonths shall be granted for a building and no such extension shall be\ngranted unless the board finds that there are no outstanding building or\nfire code violations of record at the property.\n d. The department shall issue such certificate of occupancy upon proof\nthat said dwelling conforms in all respects to the requirements of this\nchapter and all local housing, building and fire codes for the use of\ndwelling units for other than permanent residence purposes. If no such\ncertificate of occupancy is issued within two years after the effective\ndate of this subdivision or, if applicable, within the time as extended\nby the department or as further extended by the board of standards and\nappeals, all use of dwelling units for other than permanent residence\npurposes shall thereafter cease.\n e. If after a certificate of occupancy is issued pursuant to paragraph\nd of this subdivision, the use of such dwelling units for other than\npermanent residence purposes is discontinued, nothing in this\nsubdivision shall be construed to limit the application of the local\nzoning resolution with respect to such discontinuance.\n