2023 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.