NY Mult Dwell L § 67 (2021)
2021 New York Laws MDW - Multiple Dwelling Article 3 - Multiple Dwellings--General Provisions Title 2 - Fire Protection and Safety 67 - Hotels and Certain Other Class a and Class B Dwellings.

§  67.  Hotels  and certain other class A and class B dwellings. 1. It shall be unlawful to occupy any class A or class  B  multiple  dwelling, including  a hotel, unless it conforms to the provisions of the specific sections enumerated  in  section  twenty-five  to  the  extent  required therein,  including  the  applicable  provisions of this section and all other applicable provisions of this chapter except that  the  provisions of this section shall not apply to:   a. Converted dwellings;   b. Tenements;   c. Lodging houses;   d.  Class  A  multiple  dwellings  erected  under plans filed with the department after April eighteenth, nineteen hundred twenty-nine.   2. Any such multiple dwelling, altered or erected after  April  fifth, nineteen  hundred  forty-four,  and  which is required to conform to the provisions of articles one, two, three,  four,  five,  eight,  nine  and eleven,   shall  not  be  required  to  conform  to  the  provisions  of subdivisions three, six, nine and ten of this section.   3. The walls and ceiling of every entrance hall, stair hall  or  other public  hall,  every hall or passage not within an apartment or suite of rooms, every dumb-waiter, elevator, and, except as provided in paragraph d of subdivision six, every other shaft,  including  stairs,  connecting more  than  two successive stories, shall be sealed off from every other portion of the dwelling with fire-retarding materials  approved  by  the department,  or, in lieu thereof, except in the case of elevator shafts, shall be equipped with one or more automatic  sprinkler  heads.  Nothing contained  herein  shall  be deemed to exempt from enclosure an interior required means of egress. The provisions of this subdivision and similar requirements of section sixty-one shall not apply to a  store  or  space used  for  business on any story where there are no sleeping rooms, when such store or space is protected with sprinkler heads.   4. There shall be one or more completely enclosed compartments for the storage of mattresses, furniture, paints,  floor  wax,  linens,  brooms, mops  and other such inflammable or combustible paraphernalia incidental to the occupancy and maintenance of the dwelling, and such paraphernalia shall be stored in no other portion of such dwelling. Such  compartments shall  be completely protected by one or more automatic sprinkler heads. Every door from any such  compartment  shall  be  self-closing.  Closets which  do  not  exceed one hundred square feet in floor area may be used for the temporary storage  of  such  paraphernalia,  except  mattresses, furniture,  paints and insecticides containing inflammable materials and are excluded from the requirements of this subdivision.   5. All kitchens and pantries serving restaurants in such non-fireproof dwellings shall be equipped with one or more automatic sprinkler heads.   6. Except in fireproof class A multiple dwellings erected under  plans filed  after January first, nineteen hundred twenty-five, and which were completed before December thirty-one, nineteen hundred thirty-three, and except as otherwise provided in paragraph  c  of  this  subdivision,  in every  such dwelling three or more stories in height there shall be from each story at least two independent means of unobstructed egress located remote from each other and accessible to each room, apartment or suite.   a. The first means of egress shall  be  an  enclosed  stair  extending directly  to  a  street,  or  to  a  yard, court or passageway affording continuous, safe and unobstructed access to a street, or by an  enclosed stair  leading  to  the  entrance  story,  which story shall have direct access to a street. That area of  the  dwelling  immediately  above  the street  level  and commonly known as the main floor, where the occupants are registered and the usual business  of  the  dwelling  is  conducted, shall  be  considered a part of the entrance story; and a required stair  terminating at such main floor or  its  mezzanine  shall  be  deemed  to terminate  at the entrance story. An elevator or an unenclosed escalator shall never be accepted as a required means of egress.   b. The second means of egress shall be by an additional enclosed stair conforming  to  the  provisions  of  paragraph  a of this subdivision, a fire-stair, a fire-tower or an outside fire-escape. In  a  non-fireproof dwelling  when  it  is necessary to pass through a stair enclosure which may or may not be a required means of egress to reach a  required  means of  egress,  such  stair  enclosure  and that part of the public hall or corridor leading thereto from a  room,  apartment  or  suite,  shall  be protected  by  one or more sprinkler heads; in a fireproof dwelling only that part of the hall or corridor leading to such stair  enclosure  need be so protected.   c.  Where  it  is  impractical in such existing dwellings to provide a second means of egress, the department may order  additional  alteration to  the  first  means of egress and to shafts, stairs and other vertical openings as the department may deem necessary to safeguard the occupants of the dwelling, may require the public halls providing  access  to  the first  means  of  egress  to  be equipped on each story with one or more automatic sprinkler heads, and, in  non-fireproof  dwellings,  may  also require  automatic sprinkler heads in the stair which serves as the only means of egress.   d. Nothing in this section shall be deemed to require the enclosure of a stair which is ornamental provided such stair does  not  connect  more than two stories.   e.   A   stair,   fire-stair,   fire-tower  or  fire-escape  which  is supplementary to the egress requirements of paragraphs a,  b  and  c  of this  subdivision need not lead to the entrance story or to a street, or to a yard or a court which leads to a  street,  provided  the  means  of egress therefrom is approved by the department.   7.  a.  All  doors  opening from shafts, stair halls or stairs and the door assemblies shall be fire-resistive with the doors self-closing  and without transoms or any other opening.   b.  All  other doors opening upon entrance halls or other public halls or corridors in every part of the dwelling  shall  be  self-closing.  In non-fireproof  dwellings  any existing openings in such doors, except in doors to public toilet rooms or bathrooms, shall be closed and sealed in such  manner  as  to  provide  a  fire-resistive  rating  equal  to  the fire-resistive  rating  of the remainder of the door. Except as provided in this paragraph,  any  existing  transoms  over  such  doors  in  such non-fireproof dwellings shall be firmly secured in a closed position, or removed  and  the  openings  closed,  in  a  manner  satisfactory to the department. If such doors or transoms are glazed with plain glass,  such glass  shall  be  removed and replaced with wire glass one-quarter of an inch in thickness or replaced with material approved by the  department. In  non-fireproof  dwellings existing transoms or ventilating louvres in public halls or corridors, and any  openings  in  partitions  separating sleeping  rooms  from  public halls or corridors to provide ventilation, need not be replaced, closed or sealed provided  such  public  halls  or corridors  are  protected  by  automatic  sprinkler heads. When existing ventilating louvres are located in the lower half of any such door  they may  be  retained  and  new  ventilating louvres may be installed in the lower half of any new or existing doors provided the  openable  area  of every  such  louvre does not exceed one hundred forty-four square inches and the bottom of the opening is one foot or  more  above  the  finished floor  of the public hall or corridor upon which such door opens and, in such case, no sprinkler system shall be required.    c. Every existing interior glazed sash, window or opening, other  than a  door,  in  any partition forming required enclosures around stairs or shafts shall be removed and the openings closed  up  and  fire-retarded. Where  an  existing  sash  provides  borrowed  light to a public hall or corridor  from  a  living  room  and there is no glass panel in the door providing access to such room, such sash shall be made stationary  in  a closed  position  and  be  glazed  with  wire  glass one-quarter inch in thickness, or be  entirely  removed  and  the  opening  closed  up  with incombustible material.   d.  All  openings  which provide direct access to a fire-escape from a public hall or corridor shall  be  equipped  with  fireproof  doors  and assemblies  with  the door self-closing or fireproof windows glazed with clear wire glass. Doors providing access  to  fire-escapes  from  public halls or corridors may be glazed with clear wire glass.   e.  It shall be unlawful to attach to or maintain on or about any door required to be self-closing any device which prevents  the  self-closing of such door.   8.  a.  (i) Every means of egress shall be indicated by a sign reading "EXIT" in red letters at least eight inches high on a white  background, or  vice  versa,  illuminated at all times during the day and night by a red light of at least twenty-five watts or equivalent illumination. Such light shall be maintained in a keyless  socket.  On  all  stories  where doors,  openings or passageways giving access to any means of egress are not visible from all portions of such  stories,  lighted  or  reflective directional   signs   shall  be  maintained  in  conspicuous  locations, indicating in red on a white background, or vice versa, the direction of travel to the nearest means of egress. In addition to  being  posted  in conspicuous  locations,  such  signs  located  near  the  floor,  giving direction to the nearest means of egress, shall also be  maintained.  At least  one  sign shall be visible from the doorway of each room or suite of rooms. Existing signs and illumination may be  accepted  if,  in  the opinion  of  the  department, such existing signs and illumination serve the intent  and  purpose  of  this  subdivision.  Supplementary  stairs, fire-stairs,  fire-towers  or  fire-escapes  which  do  not  lead to the entrance story or to a street or to  a  yard  or  court,  leading  to  a street,  shall be clearly marked "NOT AN EXIT" in black letters at least four inches high on a yellow background and at the termination  of  each such  stair,  fire-stair,  fire-tower  or  fire-escape, there shall be a directional sign indicating the nearest means of  egress  leading  to  a street.  All  signs  shall  be constructed, located and illuminated in a manner satisfactory to the department.   b. On each floor of every hotel or motel having two  or  more  stories where the rooms or suites of rooms are connected by an interior hallway, there  shall  be  posted  by  each  stairway, elevator or other means of egress a printed scale floor plan of the particular story,  which  shall show  all  means of egress, clearly labeling those to be used in case of fire. Such signs shall be posted in other conspicuous  areas  throughout the  building.  Said floor plan shall be no smaller than eight inches by ten inches and shall be posted in  such  a  manner  that  it  cannot  be readily removed.   9. The ceiling of the story immediately below the entrance story shall be  fire-retarded  or  be equipped with one or more sprinkler heads. Any boiler or furnace room within  the  dwelling  used  in  connection  with supplying  heat  or  hot  water  shall  be  enclosed  with fire-retarded partitions and every door opening therefrom and its  assembly  shall  be fireproof  with  the  door  self-closing. The ceiling of such room shall also be fire-retarded or be equipped with one or more sprinkler heads.    10. a. There shall be provided in the roof directly over  each  stair, fire-stair,  fire-tower,  dumb-waiter,  elevator  or similar shaft which extends to or within one story of a roof, a ventilating  metal  skylight having  horizontal  dimensions equal at least to seventy-five per centum of  the  cross-sectional  area  of  such  shaft. Such skylight need not, however, exceed twenty square feet in area. Where an  existing  skylight is  smaller than the dimensions or area prescribed in this paragraph, no structural change shall be required, but a  ventilating  metal  skylight fitting  the  existing  opening  in  the roof shall be sufficient. Every skylight shall be glazed with plain glass in the roof of  such  skylight and shall be equipped with metal screens over and under the skylight. In lieu  of  a skylight a window of the same area at the top story shall be accepted.   b. Whenever there is a flooring of solid construction at  the  top  of any  enclosed  stair, fire-stair, fire-tower, elevator or similar shaft, openings shall be left near the top of such shaft for ventilation.  Such openings  shall  provide at least two hundred eighty-eight square inches of unobstructed ventilation and  shall  communicate  directly  with  the outer  air, or be otherwise ventilated in accordance with the provisions of the local building code.   c. It  shall  be  unlawful  to  discharge  into  any  such  shaft  any inflammable  or  volatile  gases, liquids or other thing or matter which would endanger life.   11. a. There shall be a fire-retarded bulkhead in the  roof  over,  or connecting  directly  by means of a public hall with the highest portion of, every stair extending to the highest  story  below  the  main  roof. Stairs  leading to such bulkheads shall be fire-retarded as required for other public stairs and shall  have  at  the  top  fireproof  doors  and assemblies with the doors self-closing. All stairs to required bulkheads shall  be provided with a guide or handrail. A scuttle so constructed as to be readily opened may be substituted for a bulkhead in such dwellings two stories or less in height. Such scuttle shall be at least twenty-one inches in width and  twenty-eight  inches  in  length,  covered  on  the outside  with  metal and provided with a stationary iron or steel ladder leading thereto.   b. When a dwelling has a pitched or sloping roof with a pitch or slope of more than fifteen degrees, no bulkhead or scuttle, or stair or ladder leading thereto shall be required.   c. A bulkhead door or scuttle shall never be self-locking and shall be fastened on the inside with movable rustproof bolts, hooks,  or  a  lock which does not require a key to open from the inside of the dwelling.   d.  Bulkheads  and  stairs  leading  thereto  existing on April fifth, nineteen hundred forty-four, shall be permitted provided the stairs have such angle of ascent and treads of such dimensions as may be approved by the department.   12. In every such dwelling containing thirty or more  rooms  used  for living  or  sleeping  purposes  by  transient occupants there shall be a closed-circuit interior fire alarm system. Such alarm system shall be so installed and maintained that it can be operated manually from any story to sound an alarm or alarms capable of being heard clearly in all  parts of  the  dwelling.  Such  alarm  system shall be installed, arranged and maintained in a manner satisfactory to the fire department.   13. When the local building code  requires  a  standpipe  system  such system  shall  comply  with  all  of the applicable requirements of such code.   14. In every such fireproof dwelling containing fifty  or  more  rooms used for living or sleeping purposes by transient occupants and in every such  non-fireproof  dwelling  containing thirty or more such rooms, the  owner shall employ one or more watchmen or clerks whose duty it shall be to visit every portion of the dwelling at frequent regular intervals for the purpose of detecting fire or other  sources  of  danger  and  giving immediate  and  timely warning thereof to all the occupants. There shall be provided a watchman's clock system or  other  device  to  record  the movements  of  such watchman. Such system shall be installed, supervised and maintained in a manner satisfactory to the fire department. However, the provisions of this subdivision shall not apply where, throughout the dwelling,  a  closed-circuit,  automatic,  thermostatic   fire-detecting system  is  installed  which actuates a fire alarm, or where, throughout the dwelling, an approved-type automatic sprinkler system  is  installed which actuates a fire alarm by the flow of water through such system.   15.  a.  Nothing  in  this  section  shall  be construed as permitting partitions or  materials  which  are  not  fireproof  in  any  fireproof dwelling;  nor  shall anything in this section be deemed to abrogate any powers or duties  vested  by  law  in  the  fire  commissioner  or  fire department,  except  that an existing sprinkler installation, fire alarm or  standpipe  system  which  has  been  approved  or  accepted  by  the department having jurisdiction and installed before July first, nineteen hundred  forty-eight, shall, after inspection by the said department, be deemed to be in compliance with the requirements of this section or  may be  altered or adapted to meet such requirements instead of a completely new installation or system.   b. All automatic sprinkler heads required by  this  section  shall  be constructed  to  fuse  at  a  temperature  not  higher  than one hundred sixty-five degrees Fahrenheit, spaced so as to protect the area which is required to be sprinklered, and installed, arranged  and  maintained  in conformity with regulations adopted by the department.   c.  For  the  purposes  of  subdivisions  twelve  and fourteen of this section, the term "transient occupancy" shall mean the  occupancy  of  a room  for  living purposes by the same person or persons for a period of ninety days or less.   16. a. Notwithstanding any other provision of  law  to  the  contrary, within  a  dwelling  to  which  this  section  is  applicable the use of dwelling units as a hotel for other than permanent  residence  purposes, as  defined  in paragraph a of subdivision eight of section four of this chapter, that would  otherwise  be  prohibited  shall  be  permitted  to continue  for  a  period  of  two years after the effective date of this subdivision provided that:  (1) such dwelling units were used for other than  permanent  residence purposes  on  January first, two thousand nine and on the effective date of this subdivision and fifty-one percent or more of the total number of dwelling units in such dwelling  were  used  for  other  than  permanent residence purposes on such dates;  (2)  such  dwelling  was  occupied as a hotel for other than permanent residence purposes on December fifteenth, nineteen hundred sixty-one;  (3) such dwelling is of fireproof construction and  was  of  fireproof construction on January first, two thousand nine;  (4)  such  dwelling  units  used  for  other  than permanent residence purposes have at least  two  lawful  means  of  egress,  including  exit stairs,  fire  towers  or exterior stairs but excluding fire escapes and had such lawful means of egress on January first, two thousand nine;  (5) such dwelling has operational exit signs and a fire  alarm  system complying  with  the  provisions  for  existing transient occupancies in accordance with local law and had such exit signs and fire alarm  system on January first, two thousand nine; and  (6)  such  dwelling  units  used  for  other  than permanent residence purposes are registered with the department within  one  hundred  eighty  days  after  the effective date of this subdivision in a form and manner to be provided by such department,  including  a  requirement  that  the applicant  submit  certification of compliance with subparagraphs three, four  and  five  of  this  paragraph,  signed and sealed by a registered architect or licensed professional engineer in good standing  under  the education  law.    The  department  may  assess  fees to cover all costs associated with such registration. The department may refuse to register dwelling units or may revoke such registration  if  it  determines  such dwelling  units  or  dwelling  do  not  comply  with  the conditions for registration set  forth  in  subparagraphs  one  through  five  of  this paragraph.   b.  The  owner  shall obtain a certificate of occupancy for the use of registered dwelling units for other than  permanent  residence  purposes within  two  years  after  the  effective date of this subdivision. Upon application prior to  the  expiration  of  such  two  year  period,  the department  may,  for  good  cause,  extend  such  time  for  up  to one additional year but no  such  extension  shall  be  granted  unless  the department finds that:  (1)  the  owner  has  obtained the necessary permit or permits for all work  necessary  to  bring  such  dwelling  into  compliance  with   the requirements  of  this  chapter and all local housing, building and fire codes for the use of dwelling units for other than  permanent  residence purposes;  (2)  all  construction  authorized  by such permit or permits has been substantially completed; and  (3) there are no considerations of public safety, health  and  welfare that  have  become  apparent  since  the issuance of the above described permit or permits that indicate an overriding benefit to the  public  in enforcing  the  requirement  that  the applicant obtain a certificate of occupancy for the use  of  registered  dwelling  units  for  other  than permanent  residence  purposes within two years after the effective date of this subdivision.   c. Upon application prior to the expiration of the time for  obtaining a  certificate  of  occupancy, as extended by the department pursuant to paragraph b of this subdivision, the board of standards and appeals  may grant  a  further extension of time to obtain a certificate of occupancy in a case where there are circumstances beyond the  applicant's  control or  hardship  in  the  way of obtaining such certificate within the time allowed by the department but no more than one such extension of fifteen months shall be granted for a building and no such  extension  shall  be granted unless the board finds that there are no outstanding building or fire code violations of record at the property.   d. The department shall issue such certificate of occupancy upon proof that  said dwelling conforms in all respects to the requirements of this chapter and all local housing, building and fire codes for  the  use  of dwelling  units  for other than permanent residence purposes. If no such certificate of occupancy is issued within two years after the  effective date  of this subdivision or, if applicable, within the time as extended by the department or as further extended by the board of  standards  and appeals,  all  use  of dwelling units for other than permanent residence purposes shall thereafter cease.   e. If after a certificate of occupancy is issued pursuant to paragraph d of this subdivision, the use of such dwelling  units  for  other  than permanent   residence   purposes   is   discontinued,  nothing  in  this subdivision shall be construed to limit the  application  of  the  local zoning resolution with respect to such discontinuance.