N.Y. Multiple Dwelling Law § 218: Alterations

§ 218. Alterations. 1. Any non-fireproof tenement erected after May

fifteenth, nineteen hundred two, having apartments extending from street

to yard and having one or more outer courts on a side lot line four feet

or more in width or inner courts which alone or together with adjoining

courts are eight feet or more in width and twelve feet six inches or

more in depth, may be altered into apartments opening either on the

street or the yard, provided all such altered apartments also have

windows opening on such a court. All such altered apartments shall be

provided with a second means of egress as required by section two

hundred thirty-one. The entrance and stair halls of such tenement shall

be fire-retarded.

2. No room in the cellar or basement of any tenement shall be

constructed or altered to be occupied for living purposes unless all of

the conditions of section thirty-four and of subdivision eight of

section twenty-six in regard to multiple dwellings erected after April

eighteenth, nineteen hundred twenty-nine, are complied with, except that

the minimum depths of yards and courts prescribed for tenements in

subdivision one of section two hundred twelve shall be substituted for

the minimum depths referred to in section thirty-four.

3. Any additional room or hall constructed or created in a tenement

shall comply in all respects with the provisions of this article

respecting rooms or halls in tenements erected after April eighteenth,

nineteen hundred twelve, except that in any tenement erected after April

fourteenth, nineteen hundred three, such rooms or halls may be of the

same height as the other rooms or halls on the same story.

4. The number of apartments or suites of rooms on any story in any

tenement erected after April twelfth, nineteen hundred one, may be

altered so as to increase or decrease the number of living rooms

provided such dwelling shall conform with the applicable provisions of

sections two hundred thirty-five and two hundred thirty-six.

5. If the number of apartments or suites of rooms in any old-law

tenement is increased, the entrance hall and both sides of the walls of

the stair halls adjoining the altered apartment shall be fire-retarded,

the stairs shall extend to the roof and there shall be no inside stairs

from the entrance story to a cellar, or to a basement or other story

below the entrance story. However, such inside stair may be permitted

provided such stair is constructed of incombustible material, has closed

risers, is enclosed between the entrance story and the next lowest story

with fireproof materials having a standard fire-resistive rating of at

least three hours, and has fireproof doors and door assemblies at the

top and bottom with the doors and door assemblies at the top and bottom

with the doors self-closing. The soffit of any stair immediately above

an inside cellar stair shall be fire-retarded and the jib partitions

enclosing such cellar stair at the first story shall be of incombustible

material or fire-retarded on both sides with materials having a standard

fire-resistive rating of at least one hour.

6. If any old-law tenement shall be so altered as to increase the

number of rooms therein by one-third or more, or if such tenement is

increased both in number of rooms and in height and after such

alteration is more than four stories or parts of stories above the curb

level, or if such tenement is over three stories in height and is

combined with another old-law tenement and the combined area on any

story exceeds three thousand square feet, the stair halls, entrance

halls and other public halls of the whole dwelling shall be made to

conform to the requirements of subdivision two of section two hundred

thirty-three and sections two hundred thirty-four to two hundred

thirty-eight inclusive, except that such combined tenements, if over

three stories in height, shall have in the roof a fireproof bulkhead

with a fireproof self-closing door.

7. In lieu of fire retarding required under subdivision five, there

may be installed in public halls an automatic dry pipe valve system or,

where halls are heated, an automatic wet pipe system. Where a sprinkler

system is installed it shall be equipped on each story with heads in

such number and spaced to protect the complete area of the public halls

and stairs and shall be constructed, located and arranged on every stair

and entrance hall and in every closet opening therefrom in such a manner

as the department may require. Such sprinkler system shall be maintained

continuously in good repair and serviceable condition.