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New York · Through 2026-09-11

N.Y. Multiple Dwelling Law § 52: Stairs

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Where this section sits in the code
  1. Multiple Dwelling Law
  2. Article 3. Multiple Dwellings--general Provisions
  3. Title 2. Fire Protection and Safety

§ 52. Stairs. 1. In every multiple dwelling erected after April

eighteenth, nineteen hundred twenty-nine, every interior stair,

fire-stair and fire-tower and every exterior stair in connection with

any dwelling altered or erected after January first, nineteen hundred

fifty-one, shall be provided with proper balustrades or railings and all

such interior and exterior stairs shall be kept in good repair and free

from any encumbrance. Every such stair, fire-stair and fire-tower more

than three feet eight inches wide shall be provided with a handrail on

each side.

2. The upper surface of every balustrade or railing placed in any

stair after April eighteenth, nineteen hundred twenty-nine, shall be at

least two feet six inches and at most two feet eight inches above the

front edge of the stair treads, and at any stair landing shall be at

least two feet eight inches and at most three feet above the level of

such landing.

3. The treads and risers of every stair, fire-stair and fire-tower

constructed after April eighteenth, nineteen hundred twenty-nine, in any

multiple dwelling shall be of uniform height and width in any one

flight. Each tread, exclusive of nosing, shall be not less than nine and

one-half inches wide; each riser shall not exceed seven and

three-quarters inches in height; and the product of the number of inches

in the width of the tread and the number of inches in the height of the

riser shall be at least seventy and at most seventy-five.

4. No winding stairs shall be constructed in any multiple dwelling.

5. a. Except as otherwise provided in paragraph b of this subdivision,

every stair constructed after April eighteenth, nineteen hundred

twenty-nine, leading to a cellar or basement from the first story above

shall be entirely enclosed with fireproof walls and be provided with

fireproof doors and assemblies at both top and bottom, with the doors

self-closing; except that, in a non-fireproof multiple dwelling erected

before such date, where such a stair is permitted such enclosing walls

may be fire-retarded.

b. When the first floor or a part thereof, in a fireproof multiple

dwelling, is used for business purposes, a stair leading to a cellar or

basement from such business space shall be enclosed in fireproof walls

having a fire-resistive rating of at least three hours and be provided

with a fireproof door and assembly at the bottom, with the door

self-closing. No opening shall be permitted between such business space

and the remainder of the dwelling.

6. The department shall have the power to make supplementary

regulations relating to fire-towers.

7. In every multiple dwelling erected under plans filed with the

department after January first, nineteen hundred sixty, on every story

above the entrance story every door opening into such stair shall be so

hung and arranged that in opening and when opened it shall at no point

reduce the clear and unobstructed required width of the stair or stair

landing.

8. The provisions of this section shall not apply to a stair within an

apartment provided that each level of the apartment is provided with

required means of egress complying with the provisions of this article.

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