N.Y. Multiple Dwelling Law § 102: Stairs

§ 102. Stairs. 1. Except as otherwise specifically provided in

subdivisions three and four and in paragraphs b to j inclusive of

subdivision six, every multiple dwelling which exceeds two stories in

height shall have at least two fire-stairs. Such fire-stairs shall

extend from the entrance story to the roof and be equipped with

fireproof self-closing doors glazed with wire glass and without

transoms. No windows shall be required in such stairs, but any openings

in exterior walls, except any window openings facing a street or yard,

shall be equipped with fireproof frame and sash glazed with wire glass.

Entrances to such fire-stairs shall be at least fifteen feet distant

from each other and from the entrance to every other fire-stair or

fire-tower, except that the distance between two such entrances may be

less if they are on opposite sides of an elevator vestibule or other

public hall or are separated by an elevator shaft. The doors giving

access to such stairs shall not be held open by any device whatever.

2. Every such fire-stair shall have an entrance on the entrance story

from a street or an entrance at the side or rear of the dwelling from a

yard, court or passageway having continuous, safe and unobstructed

access to a street. Except as otherwise expressly provided in paragraphs

b to j inclusive of subdivision six, in a dwelling not exceeding one

hundred twenty-five feet in height every stair, fire-stair and

fire-tower shall be at least three feet in clear width, and where only

one fire-stair or fire-tower is required such fire-stair or fire-tower

shall be at least three feet eight inches in clear width. In a dwelling

exceeding one hundred twenty-five feet in height every required

fire-stair shall be at least three feet eight inches in clear width from

the entrance story up to a floor level not more than one hundred feet

below the ceiling of the highest story, and above such level every

fire-stair shall be at least three feet in clear width. Every stair

landing at every floor level shall be at least three feet eight inches

in clear width in every direction.

3. Except in dwellings erected under plans filed with the department

before April twenty-eighth, nineteen hundred thirty, and except as

otherwise provided in paragraphs b to j inclusive of subdivision six

there shall be horizontal access from every apartment to at least two

fire-stairs, at least one of which shall be within seventy-five feet

horizontally in the line of travel from a required means of egress from

such apartment.

4. Except as provided in paragraphs b, c and d of subdivision six, a

fire-tower may be substituted for any required fire-stair. When a

fire-tower is substituted for a fire-stair, such fire-tower shall comply

with all the applicable requirements for the fire-stair it replaces and

shall have its means of egress directly to a street or to a yard or

court having direct, unobstructed access to a street without passing

through any entrance hall; except that a fire-tower may have its means

of egress into a public vestibule if such means is not more than fifteen

feet from a street in the line of travel.

5. The stairs in a tower or dwelling containing a passenger elevator

and meeting the conditions of paragraphs f, g or h of subdivision six

may conform to the provisions of such paragraph and paragraph i of such

subdivision in lieu of the different provisions which would otherwise be

applicable thereto.

6. Under the special conditions described in paragraphs a to j

inclusive and in the following table, which applies only to class A

dwellings, stairs shall conform to the applicable provisions of such

paragraphs and table.

NOTE: TABLE FOUND IN CHAP. 234 OF THE LAWS OF 1964

a. Except as otherwise expressly provided in this paragraph and in

paragraphs b to j inclusive of subdivision six, if the number of living

rooms on any story above the entrance story exceeds forty, there shall

be an additional fire-stair for each twenty living rooms or fraction

thereof in excess of forty on any story above the entrance story. Such

an additional fire-stair shall not be required if the number of living

rooms on no story above the entrance story exceeds fifty and in addition

the clear width of one fire-stair is at least one and one-half times the

width specified for a fire-stair in subdivision two, the clear width of

every public hall connected with such fire-stair is at least one and

one-half times the width specified for a public hall in section one

hundred seven and the clear width of every entrance hall connected with

such fire-stair is at least one and one-half times the width specified

for an entrance hall in section fifty. Any additional fire-stair

constructed pursuant to this paragraph need not be carried to a greater

height than the level of a roof, or of a terrace formed by a setback,

above the highest story on which the number of rooms requires such

additional stair. When any fire-stair terminates at the level of a

setback of any outer wall, such setback shall form a terrace at least

four feet in depth measured between the inside of the parapet wall and

the wall of the dwelling and at least ten feet in length measured

parallel to the wall of the dwelling.

b. In a class A dwelling or section thereof not exceeding six stories

in height, for which plans shall have been filed in the department

before September first, nineteen hundred fifty-one, only one stair shall

be required, provided the number of apartments having access to such

stair on each story does not exceed six and the aggregate number of

living rooms in such apartments does not exceed twenty, except that the

total number of rooms above the first story shall not exceed one hundred

and the total number of apartments above the first story shall not

exceed thirty. Such stair shall in addition comply with all the

provisions of section one hundred forty-eight relating to stairs in

non-fireproof dwellings, except that in lieu of a window such stair may

have at each story an opening to a street or to a lawful yard or court

other than a court on a lot line. Such opening shall be at least forty

square feet in area and five feet in width, and shall be furnished with

a properly secured guard railing at least five feet in height and

approved by the department. Such opening shall be kept continuously open

to the outer air. No means of egress from any apartment to such stair

shall be more than twenty-five feet distant therefrom.

c. In a class A dwelling or section thereof not exceeding six stories

in height only one stair shall be required, provided the number of

living rooms on any story above the entrance story does not exceed

twenty. If the number of living rooms on any story or section thereof

above the entrance story exceeds twenty, there shall be an additional

stair for each twenty rooms or fraction thereof on any such floor or

section in excess of twenty, except that if the number of living rooms

on no such story or section above the entrance story exceeds thirty, in

lieu of an additional stair one stair and every public hall connected

therewith may be four feet six inches in clear width. Such stair shall

be completely separated from every other stair, fire-stair, fire-tower,

public hall and shaft by fireproof walls. Doors to stairs, fire-stairs

and fire-tower balconies from any public hall in such a dwelling or

section shall be at least three feet wide, self-closing and fireproof,

with their assemblies also fireproof. The panels of every such door

shall be glazed with clear wire glass and no pane thereof shall exceed

three hundred sixty square inches in area. Those portions of the

enclosure partition which separate the public hall from the stair shall

be glazed with wired plate glass at least one-quarter inch in thickness,

with no pane more than three hundred sixty square inches in area, so as

to provide so far as practicable an unobstructed view of the stair from

each public hall. Glass panels shall be at least twelve inches and not

more than sixteen inches above the floor of the public hall. Public

halls providing access to any such enclosed stair shall be lighted and

ventilated as prescribed for non-fireproof dwellings in section one

hundred forty-nine. No means of egress from any apartment to such a

stair shall be more than fifty feet distant therefrom.

d. In a class A dwelling or section thereof not exceeding six stories

in height only one stair shall be required, provided the number of

apartments having access to such stair at each story does not exceed

eight and the aggregate number of living rooms in such apartments does

not exceed twenty-five, except that the total number of living rooms

above the first story shall not exceed one hundred twenty-five and the

total number of apartments above the first story shall not exceed forty.

No means of egress from any apartment to such stair shall be more than

twenty-five feet distant therefrom. Doors and stair enclosures shall

conform to the provisions of paragraph c.

e. In a dwelling conforming to the provisions of paragraph b, c or d

the lowest story may be designated as a basement if such story is not

used for living purposes but is used solely for storage or other general

utility purposes accessory to the occupancy, use and management of the

dwelling. Such a basement shall not be deemed a story in computing the

height of the dwelling.

f. Every tower erected pursuant to plans on or after December

fifteenth, nineteen hundred sixty-one in a fireproof dwelling shall be

provided with at least one passenger elevator. Such elevator shall be

operated between the ground story and the highest story of such tower

containing any living room and horizontal access thereto shall be

provided at each story for every apartment in the tower. Stairs in such

a tower may comply with the following provisions of this paragraph in

lieu of the different provisions otherwise applicable. In such case

there shall be provided at least one fire-stair. If there are more than

fifteen living rooms on any story of the tower, there shall be an

additional fire-stair for each additional fifteen such rooms or fraction

thereof. Every fire-stair so required shall extend from the top story of

the tower to the entrance hall of the dwelling and be horizontally

accessible from each story of every apartment in the tower. If the tower

was erected under plans filed with the department on or after April

twenty-eighth, nineteen hundred thirty, it shall also have an additional

means of egress as provided in paragraph i of this subdivision.

g. In a dwelling in which one or more passenger elevators are operated

with horizontal access from every apartment in the dwelling and in which

every story has an area of not more than twenty-five hundred square feet

exclusive of elevator shafts, public halls, stairs and fire-stairs and

contains not more than fifteen living rooms, stairs may comply with the

provisions of this paragraph in lieu of the different provisions

otherwise applicable. In such case there shall be at least one

fire-stair, and there need not be more than one, accessible from each

apartment on each story and extending from the roof to the entrance

story with unobstructed access to a street. If the dwelling was erected

under plans filed with the department on or after April twenty-eighth,

nineteen hundred thirty, it shall also have an additional means of

egress as provided in paragraph i.

h. When a dwelling is divided into sections by unpierced fireproof

construction extending from the second tier of beams above the ground

story to the roof, and one or more passenger elevators are operated in

each such section with horizontal access from each apartment therein,

and every story of each such section above the entrance story contains

not more than ten living rooms where there are four or more apartments

on such story or not more than fifteen living rooms where there are

three apartments or less on such story, stairs may comply with the

provisions of this paragraph in lieu of the different provisions

otherwise applicable. In such case there shall be in each such section

at least one fire-stair, and there need not be more than one, extending

from the roof to the entrance story with unobstructed access to a

street. If the dwelling was erected under plans filed with the

department on or after April twenty-eighth, nineteen hundred thirty,

each such section shall also have an additional means of egress as

provided in paragraph i.

i. The main means of egress from every apartment in a tower or

dwelling erected pursuant to the provisions of paragraph f, g, or h

shall be within twenty-five feet of a fire-stair meeting the

requirements of such paragraph. If the tower or dwelling was erected

under plans filed with the department on or after April twenty-eighth,

nineteen hundred thirty, egress shall also be provided, in addition to

the required fire-stairs, by means of another stair extending from the

main roof of the dwelling, or in the case of a tower from the highest

story thereof, to the entrance story, with unobstructed access to a

street. Such additional stair shall be horizontally accessible from each

apartment at each story through a vestibule or other public hall and

shall conform with all the requirements for a fire-stair except that its

clear width may be reduced to a minimum of twenty-eight inches, its

risers may be increased to a maximum of nine inches in height, and its

treads, exclusive of nosing, may be reduced to a minimum of eight inches

in width. No door giving access thereto shall swing into such stair.

j. A class B dwelling in which at least eighty per centum of the

living rooms above the second story open directly upon a public hall

without any intervening foyer or private hall, shall have at least two

fire-stairs accessible at each story from each room through a public

hall. Such fire-stairs shall be so located that at least one fire-stair

shall be not more than one hundred twenty-five feet along the line of

travel from the means of egress from any living room. Every such

fire-stair shall have a clear width of at least three feet eight inches.

Two such fire-stairs shall be deemed adequate for seventy living rooms

on any story. For each thirty-five living rooms or fraction thereof in

excess of seventy on any story there shall be one additional fire-stair;

except that if such fractional excess number of living rooms is not more

than twenty per centum of the total number of living rooms provided for

by the required two fire-stairs and one additional fire-stair for each

thirty-five living rooms, if any, in excess of seventy, in lieu of

another fire-stair for such fractional excess number of living rooms,

the area of every fire-stair landing at such story may be increased by

not less than two square feet for each living room of such fractional

excess number of living rooms. In every such dwelling each living room

which is occupied by three persons or more shall be counted as one

additional room for each four hundred cubic feet or fraction thereof in

excess of eight hundred cubic feet in the cubic content of such room.