NY Mult Dwell L § 60 (2021)
2021 New York Laws MDW - Multiple Dwelling Article 3 - Multiple Dwellings--General Provisions Title 2 - Fire Protection and Safety 60 - Motor Vehicle Storage.

§ 60. Motor vehicle storage. A space may be provided and maintained in   any  multiple  dwelling or upon the premises thereof, or a structure may   be erected and maintained at the rear or side thereof, for  the  storage   of passenger motor vehicles but only with a written permit therefor when   required by local law and in accordance with every applicable local law,   ordinance,  resolution,  code  provision  or  regulation  and  with  the   following provisions:1. a. It shall be unlawful to sell, store, handle or furnish gasoline,   oil or other fuel, or any article, accessory or service except  storage,   or  to  construct or maintain repair or grease pits in any such space or   structure. The provisions of this section shall not prevent the  keeping   of  such  gasoline, oil or other fuel as may be contained in the tank of   any such motor vehicle, and  the  cleaning  or  washing  of  such  motor   vehicles.b.  Such  space  or  structure shall be used solely for the storage of   passenger motor vehicles of the occupants of the multiple dwelling or of   multiple dwellings under common ownership, except  that,  in  the  event   such  space  or structure or part thereof is not used by such occupants,   it may be rented by the owner or owners of such dwelling or dwellings to   persons other than the occupants thereof. The space which has thus  been   rented  shall  be made available to an occupant within thirty days after   written request therefor. Except as otherwise provided  in  paragraph  d   herein  transient  parking  for  any  period  of  less than one month by   non-occupants is unlawful. However, such space may be used also for  the   storage  of  any  type  of mechanical or motor-driven equipment or other   accessory device or passenger bus required for the proper maintenance of   the site and of the dwellings thereon.c. If any of the provisions contained in paragraphs a and  b  of  this   subdivision  is violated, the department charged with the enforcement of   this chapter or the fire department shall order and direct that no motor   vehicle may be stored or kept in such space or structure thereafter  for   such  period  as  either  department  shall determine, and thereupon the   permit shall be suspended and no motor vehicle shall be stored  or  kept   in such space or structure for such period.d.  A  city  may,  by  local law or ordinance, or the duly constituted   planning or appeal board or commission of a  city  may  by  granting  an   approval,  exception  or  variance,  authorize transient parking for any   period of less  than  one  month  of  motor  vehicles  in  dwellings  by   non-occupants  in  any  space that is not let to an occupant pursuant to   the other provisions of this section. Such city may  require  a  license   and  impose  a  fee therefor, and adopt supplementary rules, regulations   and conditions under which such parking shall be permitted.2. a. Every such space or structure shall be designed and  constructed   to  accommodate  not  more  than  two  passenger motor vehicles for each   family in such multiple dwelling.b. Such space  or  structure  shall  have  a  floor  area  within  its   enclosing  walls  not greater than three hundred square feet per vehicle   for each such family, including car parking spaces and aisles.c.  Every  such  storage  space  or  structure  shall   be   fireproof   throughout, except that any extension of such storage space or structure   beyond  the  exterior  walls  of  a fireproof dwelling not exceeding one   story in height and  any  separate  structure  on  the  same  lot  as  a   fireproof   dwelling   may   be   of   uncombustible   material  with  a   fire-resistive rating of at  least  two  hours,  if  such  extension  or   separate  structure  complies with the provisions of paragraph e of this   subdivision.d. When constructed within a  multiple  dwelling  such  storage  space   shall  be  equipped  with  a  sprinkler system and also with a system of    mechanical ventilation in no way connected with  any  other  ventilating   system.  Such storage space shall have no opening into any other part of   the dwelling except through a fireproof vestibule.  Any  such  vestibule   shall have a minimum superficial floor area of fifty square feet and its   maximum  area  shall  not  exceed  seventy-five square feet. It shall be   enclosed with incombustible partitions having a fire-resistive rating of   three hours.  The floor and ceiling of such vestibule shall also  be  of   incombustible  material having a fire-resistive rating of at least three   hours. There shall be two doors to provide access from the  dwelling  to   the car storage space. Each such door shall have a fire-resistive rating   of one and one-half hours and shall be provided with a device to prevent   the  opening of one door until the other door is entirely closed. One of   these doors shall swing into the vestibule from  the  dwelling  and  the   other  shall  swing  from  the vestibule into the car storage space. The   door from the vestibule to the dwelling shall be at  least  twenty  feet   distant  in  a  non-fireproof  dwelling  or  twelve  feet in a fireproof   dwelling from any stair enclosure, elevator shaft, or any opening to any   other vertical  shaft.  Such  vestibule  shall  also  be  equipped  with   sprinklers  and  with  an  exhaust duct having a minimum cross-sectional   area of one hundred forty-four square inches and shall not be  connected   with any other ventilating system.e.  Such  storage space may be extended beyond the exterior walls of a   fireproof dwelling without any separating walls between its interior and   exterior portion  provided  that  such  extension  is  roofed  over  and   equipped with sprinklers throughout. Such extension shall be open to the   outer  air  on  at least two sides and in no event shall more than fifty   percent of its vertical surface area be enclosed in any manner. Any such   extension shall not be deemed to be a storage space  within  a  multiple   dwelling. Any enclosed sub-surface space beneath such an extension shall   however,  comply  with  all the provisions of this section applicable to   storage space within a multiple dwelling. Any portion of such  extension   of  storage  space  or of a separate structure for such storage purposes   appurtenant to a multiple dwelling which  face  any  dwelling  within  a   distance  of twenty feet therefrom or which is within thirty feet of any   living room window of any dwelling shall be unpierced  except  for  door   openings  for  vehicles.  A separate structure for such storage purposes   appurtenant to a multiple dwelling may  adjoin  such  dwelling  provided   that  the  part  of  the wall separating such space from the dwelling is   fireproof and unpierced, except by a fireproof vestibule as provided  in   subdivision  d. Such extension or separate structure shall be adequately   screened at grade level. That part of the roof of  an  extension  within   thirty  feet of any living room window of any dwelling shall not be used   for parking or storage of motor  vehicles  or  the  ingress  thereto  or   egress therefrom by motor vehicles.f.  Any  such  structure  one  story  in  height or any extension of a   storage space within a multiple dwelling beyond  the  exterior  wall  of   such  dwelling where such extension is one story in height, shall not be   deemed an encroachment upon a yard or its equivalent  or  a  court.  Any   such  structure or extension in excess of such height shall be deemed an   encroachment thereupon.g. In a completely enclosed  storage  structure  or  a  storage  space   within a multiple dwelling except for vehicle entrance doors, all doors,   windows  and their assemblies in the exterior walls of any such space or   structure accommodating more than five motor vehicles shall be fireproof   and such windows shall be either fixed windows or automatic fire windows   and glazed with wire glass. Any door or vehicle entrance to  such  space   or  structure  accommodating  more  than five motor vehicles shall be at   least twenty feet distant from any door giving access  to  any  required    entrance  hall  from outside of the dwelling and shall be at least eight   feet distant from any other entrance or exit of such dwelling.  However,   in such space the windows in an exterior wall which faces the street may   be  of  incombustible  material and be glazed with plain glass, provided   that such windows are thirty feet or  more,  measured  in  a  horizontal   direction, from any opening in the exterior wall of the dwelling.h.  Notwithstanding  any  other  provision  of  this section when such   storage space  or  structure  is  designed  and  constructed  within  or   appurtenant  to  a converted dwelling to accommodate not more than three   motor vehicles, (1) the ceiling  and  the  enclosing  walls  may  be  of   materials  having  a fire-resistive rating of not less than one hour and   the floors shall be fireproof; (2) only one opening shall  be  permitted   in  the enclosure partition between the garage and the dwelling and such   opening shall be protected by a fireproof door  and  assembly  with  the   door  self-closing;  (3)  a sprinkler system for such space shall not be   required; and (4) in lieu of mechanical ventilation, such space may have   fixed ventilation of not less than one  hundred  and  forty-four  square   inches for each motor vehicle.3.  The  agency of a city authorized by law to make rules supplemental   to laws regulating construction, maintenance, use and area of  buildings   and  to grant variances of the zoning resolution shall have the power to   make rules to supplement the requirements of  this  section  and,  after   public  hearing,  may  grant  variances of local laws, resolutions, code   provisions or regulations which are more restrictive than the provisions   of this section, subject to such conditions as, in the opinion  of  such   agency,  will  best promote health, safety and welfare and carry out the   permissive intent of this section.  All  owners  of  property  within  a   radius  of one hundred fifty feet of the entrance or entrance passage to   such space or structure shall  be  duly  notified  of  any  such  public   hearing  and shall be given due opportunity to be heard thereon. Nothing   in this section shall be deemed to prohibit the use of a  part  of  such   lot  or plot as a parking area for the exclusive use of the occupants of   such dwelling.4. No parking area or space to  be  used  for  the  storage  of  motor   vehicles  upon  the  premises of a multiple dwelling shall encroach upon   any part of the lot or plot which is required by any provision  of  this   chapter to be left open and unoccupied.5.  None  of  the  provisions  of  this  section shall be construed as   permitting such space or structure or  part  thereof  to  be  rented  or   leased for the storage or warehousing of passenger or commercial type of   motor  vehicles,  which  are  part  of  stock  of  any  person,  firm or   corporation engaged in the  purchase,  sale  or  rental  of  such  motor   vehicles.