N.Y. Multiple Dwelling Law § 63: Sub-curb uses

§ 63. Sub-curb uses. 1. When any living room is below the level of the

highest curb in front of any multiple dwelling erected after April

eighteenth, nineteen hundred twenty-nine, in accordance with the

provisions of paragraph f of subdivision one of section thirty-four, all

portions of such dwelling below such level shall be fireproof throughout

except that windows therein need not be fireproof but shall be of

incombustible material and may be glazed with plain glass.

2. Except in multiple dwellings which do not exceed eighty feet in

height measured from the lowest point of any curb on which any part of

the dwelling faces, at least one means of egress from any apartment or

suite of rooms below the level of the highest curb in front of such a

dwelling shall lead directly to the street in front of said dwelling and

at least one such means to the yard or street in the rear of said

dwelling. Every yard in the rear of every such multiple dwelling,

regardless of the height of such dwelling, shall at the lowest level of

such yard be provided with a fire passage in compliance with the

requirements for such a passage in paragraph f of subdivision five of

section twenty-six.

3. Notwithstanding any other provisions of this section the department

may require such additional means of egress from the said dwelling or

protection from fire as the department may deem necessary for the safety

of the occupants.