N.Y. Multiple Dwelling Law § 61: Business uses

§ 61. Business uses. 1. Except as may be otherwise provided by any

local law, ordinance, rule or regulation, business may be conducted in

any multiple dwelling including:

a. Baking and fat-boiling as provided in section fifty-nine,

b. Storage of passenger motor vehicles as provided in section sixty,

and

c. Any manufacturing business in which seven or more persons are

employed, or any employment agency as defined in section one hundred

seventy-one of the general business law other than a non-profit

employment agency in a fireproof class B multiple dwelling owned and

occupied by a non-profit corporation organized for and engaged

exclusively in promoting religious, education or philanthropic purposes,

provided that every means of egress from such a business space shall be

separate and distinct from and without means of communication with any

means of egress from the dwelling portion of the building.

2. The number of means of egress from the portion of any multiple

dwelling where business is conducted shall be in conformity with those

provisions of the local laws, ordinances, rules and regulations covering

means of egress from buildings in which a like business is conducted.

3. There shall be no manufacturing business conducted above the second

floor of any non-fireproof multiple dwelling.

4. Where business is conducted in any multiple dwelling erected before

April eighteenth, nineteen hundred twenty-nine, such business space

shall also comply with all the following requirements in a manner which

the department shall deem adequate to prevent the spread of fire:

a. Within or appurtenant to such space, all pipe chases and openings

around flues shall be fire-stopped, and such flues shall be kept in good

order and repair.

b. All other openings from such space into non-fireproof shafts or

into entrance halls shall either be sealed with fire-retarded material

or equipped with a self-closing fire-retarded door or window with

fire-retarded assemblies.

5. Where business is conducted in any non-fireproof multiple dwelling

erected after April eighteenth, nineteen hundred twenty-nine, the walls

and ceiling of such business space shall be fire-retarded. The

department may also require the walls and ceilings of any business space

in any multiple dwelling erected before such date to be fire-retarded

when the department shall deem such requirement necessary for the

protection of the occupants.

6. If the ground story of any non-fireproof multiple dwelling is

extended for business purposes, the underside of the roof of such

extension shall be fire-retarded. If there are fire-escapes above such

extension, its roof shall be fireproof.