N.Y. Multiple Dwelling Law § 248: Single room occupancy

§ 248. Single room occupancy. 1. It shall be unlawful to occupy any

frame multiple dwelling for single room occupancy. It shall be unlawful

to occupy any other existing class A dwelling or part thereof as a

rooming house or furnished room house or for single room occupancy

unless such dwelling or part shall conform to the provisions of this

section and to such other provisions of this chapter as were applicable

to such dwelling before such conversion. This section shall not be

construed to prohibit the letting by a family of one or more rooms

within their apartment to not more than a total of four boarders,

roomers or lodgers provided, however, that every room in such apartment

shall have free and unobstructed access to each required exit from such

apartment as required by the provisions of paragraphs a, b and c of

subdivision four of this section. A dwelling occupied pursuant to this

section shall be deemed a class A dwelling and dwelling units occupied

pursuant to this section shall be occupied for permanent residence

purposes, as defined in paragraph a of subdivision eight of section four

of this chapter.

2. Any such dwelling may be so occupied without increasing the number

of stairs.

3. The number of rooms shall not be increased nor shall the light or

ventilation of any room be impaired.

4. a. No room in any apartment shall be so occupied unless each room

therein shall have free and unobstructed access to each required means

of egress from the dwelling without passing through any sleeping room,

bathroom or water-closet compartment.

b. There shall be access to a second means of egress within the

apartment without passing through any public stair or public hall. On

and after July first, nineteen hundred fifty-seven every tenement used

or occupied for single room occupancy in whole or in part under the

provisions of this section and which does not have at least two means of

egress accessible to each apartment and extending from the ground story

to the roof, shall be provided with at least two means of egress, or, in

lieu of such egress, every stair hall or public hall, and every hall or

passage within an apartment, shall be equipped on each story with one or

more automatic sprinkler heads approved by the department. Elevator

shafts in such tenements shall be completely enclosed with fireproof or

other incombustible material and the doors to such shafts shall be

fireproof or shall be covered on all sides with incombustible material.

c. Where access to a required means of egress is provided through a

room, such access to such room shall be through a clear opening at least

thirty inches wide extending from floor to ceiling and such opening

shall not be equipped with any door or door frame, or with any device by

means of which the opening may be closed, concealed or obstructed.

d. All doors which open to any public hall or required stair hall and

the door assemblies shall be fireproof with the doors self-closing.

e. All doors opening from any room to any hall or passage within an

apartment shall be self-closing and all transoms within an apartment

shall be permanently closed. All plain glass shall be removed from such

doors and transoms and replaced with wire glass, wood or other

non-shatterable material satisfactory to the department.

f. Directly over the opening to every required means of egress within

an apartment, there shall be a sign of a type approved by the department

marked "Fire Exit" and lighted in red at all times to indicate clearly

the location of the means of egress, and on the walls of any hall or

passage within the apartment leading to such means of egress there shall

be maintained at all times arrows to indicate clearly the direction and

location of the fire exit.

g. Every hall or passage within an apartment shall be unobstructed and

well lighted at all times with a minimum of one foot-candle of light.

h. All wood wainscoting except a flat base not exceeding ten inches in

height shall be removed from every hall or passage within an apartment.

5. In every such dwelling which is not fireproof every hall or passage

within an apartment shall be equipped with a sprinkler system, which

shall be extended so as to have at least one sprinkler head in every

room. The construction and arrangement of such sprinkler system shall

comply with the requirements of the department.

6. There shall be provided in each such dwelling an adequate and

reliable fire alarm system, approved by the fire commissioner by means

of which alarms of fire or other danger may be instantly communicated to

every portion of the dwelling. Where, throughout the dwelling, a

closed-circuit, automatic thermostatic fire-detecting system is

installed which actuates an interior fire alarm system, or where,

throughout the dwelling, an approved-type automatic sprinkler system is

installed which actuates an interior fire alarm system by the flow of

water through such sprinkler system, a watchman need not be provided as

required in subdivision fifteen of this section.

7. There shall be a fire-retarded bulkhead in the roof connecting

directly with the highest portion of any stairway to the roof, which

bulkhead shall contain a fireproof door and assembly with the door

self-closing. The stairs leading to such bulkhead shall be fireproof or

fire-retarded as required for public stairways in the other parts of

such dwelling.

8. a. Every wash basin, bath, shower, sink and laundry tub shall be

provided with an adequate supply of hot and cold water.

b. When the number of occupants of such a dwelling is eleven or more,

there shall be provided for them in such dwelling at least one laundry

tub and facilities for drying clothes.

9. Cooking shall be permitted only in kitchens and cooking spaces

complying with the provisions of section thirty-three. Any gas fixture

in such spaces shall be connected with permanent, rigid piping. The use

of any movable cooking apparatus in any sleeping room is unlawful.

10. a. There shall be a central heating system adequate to heat every

sleeping room in a dwelling to the temperature requirements prescribed

by subdivision one of section seventy-nine of this chapter.

b. The use of any movable heating apparatus in any sleeping room is

unlawful.

c. Every boiler room shall be constructed in accordance with the

provisions of section sixty-five and shall be adequately ventilated.

11. a. No room may be occupied for sleeping purposes unless it has a

window or windows with an aggregate glazed area of at least ten per

centum of the total floor area of such room. Each such window shall be

at least twelve feet in area and so constructed that at least half of

its area may be opened.

b. Any room on a top story may be lighted and ventilated by a skylight

of the same area as required for windows and arranged to provide an

opening of at least six square feet for ventilation.

c. In every sleeping room, except a room on the top story so lighted

and ventilated, there shall be at least one window meeting the

requirements of section two hundred thirteen, except as otherwise

specified in this subdivision, opening upon a street or upon a yard,

court or shaft meeting the requirements of section two hundred twelve,

but in no case shall such a court or shaft be less than twenty-eight

inches in width.

d. Every room shall be adequately lighted by electricity. The use of

gas or any other type of open flame lighting is unlawful.

12. No room may be occupied for sleeping purposes by more than two

adults considering children of twelve years or more as adults and two

children between the ages of two and eleven years inclusive as the

equivalent of one adult. Children under two years of age need not be

considered as occupants.

13. Every room rented for single room occupancy and all furniture and

bedding therein shall be thoroughly cleansed before occupancy and every

sleeping room at least once a week thereafter. When bed linens are

provided they shall be changed at least once every week. When the rent

includes the use of towels, at least one bath towel and two hand towels

shall be provided every week for each occupant. Such cleansing and

service shall be the exclusive obligation of the person from whom the

occupant rents such room.

14. Except as provided in subdivision thirteen, the owner shall

maintain the dwelling in conformity with section eighty relating to

cleanliness.

15. There shall be a competent manager living on the premises, who

shall be responsible for the conduct, operation and maintenance of the

dwelling, and, except as provided in subdivision six of this section,

there shall also be on the premises at all times a competent watchman in

charge of the dwelling.

17. In each such dwelling a register shall be kept, which shall show

the name, signature, residence, date of arrival and date of departure of

each occupant and the room occupied by him.