2023 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.