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New York City · Through Local Law 2026/135 (enacted August 31, 2026)

N.Y.C. Admin. Code § EBC 1005: Section EBC 1005: Means of Egress

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Where this section sits in the code
  1. New York City Administrative Code
  2. Title 28
  3. Chapter 12: The New York City Existing Building Code (effective July 17, 2027)

1005.1 General.

Means of egress in portions of buildings undergoing a change of occupancy classification shall comply with Sections 1005.2 through 1005.6.

1005.2 Hazard categories.

Hazard categories with regard to life safety and means of egress shall be in accordance with Table 1005.2.

Table 1005.2 Means of Egress Hazard Categories

RELATIVE HAZARD

OCCUPANCY CLASSIFICATIONS

1 (Highest Hazard)

H

2

I-2, I-3, I-4

3

A, B, E, I-1, M, R-1, R-2

4

F-1, R-3, S-1

5 (Lowest Hazard)

F-2, S-2, U

1005.2.1 Means of egress for change to higher hazard category.

When a change of occupancy classification is made to a higher hazard category (lower number) as shown in Table 1005.2, the means of egress shall comply with the requirements of Chapter 10 of the New York City Building Code.

Exceptions: Prior code buildings shall be permitted to comply with the provisions of Section 305.5 and the following, as applicable:

1. Stairways shall be enclosed in compliance with the applicable provisions of Section 903.1.

2. Existing corridor doorways, transoms and other corridor openings shall comply with the requirements of Section 805.

3. Existing dead-end corridors shall comply with the requirements of Section 805.

4. For the purpose of complying with Section 1029 of the New York City Building Code, an existing operable window with clear opening area no less than 4 square feet (0.38 m

2

) and minimum opening height and width of 22 inches (559 mm) and 20 inches (508 mm), respectively, shall be accepted as an emergency escape and rescue opening provided other requirements of Section 1029 of the New York City Building Code are complied with.

1005.2.2 Means of egress for change to equal or lower hazard category.

Where a change of occupancy classification is made to an equal or lesser hazard category (higher number) as shown in Table 1005.2, existing elements of the means of egress shall comply with the requirements of Section 905 for the new occupancy classification. Newly constructed or configured means of egress shall comply with the requirements of Chapter 10 of the New York City Building Code.

Exception: Prior code buildings shall be permitted to comply with Section 305.5 and buildings with existing scissors stairs may be changed to Group B or R occupancies without the requirement for an additional exit stair, where the building is equipped with an automatic sprinkler system in accordance with Chapter 9 of the New York City Building Code and where the height of the building does not exceed 75 feet (22 860 mm) from the lowest level of fire department vehicle access to highest occupied floor or 6 stories, whichever is less.

1005.3 Egress capacity.

Egress capacity shall be no less than as specified in Chapter 10 of the New York City Building Code for the new occupancy.

1005.4 Handrails.

Existing stairways shall comply with the handrail requirements of Section 805.9 from the area subject to the change of occupancy classification to the exit discharge level.

1005.5 Guards.

Existing guards shall comply with the requirements of Section 805.11 in the area subject to the change of occupancy classification including those along the egress path from the work area to the level of exit discharge.

1005.6 Additional requirements for prior code buildings.

Prior code buildings shall also comply with Sections 1005.6.1 and 1005.6.2.

1005.6.1 Replacement of combustible stairs.

In prior code buildings of Occupancy Groups R-1 and R-2, where the floor area subject to the change of occupancy is more than 50 percent of the building area, existing stairs constructed of combustible materials shall be replaced in their entirety with non-combustible construction, including stairs, landings, handrails, and guards.

Exception: Buildings that are fully sprinklered and comply with the fire protection requirements of Chapter 9 of the New York City Building Code.

1005.6.2 Means of egress from cellar level used in connection with small establishments classified as occupancy Groups B, M, or A-2 in prior code buildings.

Where a cellar space is undergoing a change of occupancy to be used in connection with a Group B, M, or A-2 establishment occupying the grade story above and such establishment does not exceed 2000 square feet (185.8 m

2

) in area, the means of egress and protection of such cellar space may comply with Sections 1005.6.2.1 through 1005.6.2.3, as applicable.

Exception: The cellar level meets the requirements of the New York City Building Code for new construction.

1005.6.2.1 Cellar space is used by employees of the establishment.

Where the cellar space is to be used only by employees of the establishment above, all the following conditions shall be complied with:

1. The cellar space does not exceed 50 percent of the floor area of the establishment above and not to be occupied by more than 10 employees;

2. The entire cellar is protected by an automatic sprinkler system in accordance with Chapter 9 of the New York City Building Code; and

3. The means of egress from the cellar space shall consist of:

3.1. A door opening onto either a public corridor leading to the enclosed egress stairway that maintains enclosure to discharge at the street, or opening directly to an enclosed stair or exit passageway leading to the street; and

3.2. A door to an enclosed stair not less than 30 inches (762 mm) wide leading to the establishment above.

1005.6.2.2 Cellar level is used by patrons or customers of the establishment.

Where the cellar is to be used by patrons or customers of the establishment above, all the following conditions shall be complied with:

1. The cellar level and the floor above are protected by an automatic sprinkler system and the cellar space has an occupant load of not more than 50 persons;

2. The means of egress from the cellar shall consist of:

2.1. An exit door opening onto a public corridor leading to the enclosed egress stairway that maintains enclosure to discharge at the street or an opening directly to an enclosed stair or exit passageway leading to the street; and

2.2. A door to an enclosed connecting stair not less than 44 inches (1118 mm) wide leading to the establishment above.

1005.6.2.3 Cellar level is occupied by customers or patrons in excess of the limits of Sections 1005.6.2.1 and 1005.6.2.2.

Where the cellar level is occupied by more than 50 people, 2 enclosed means of egress leading directly to the street, in compliance with Chapter 10 of the New York City Building Code, shall be provided. In addition, such level shall be protected with automatic sprinkler system in accordance with Chapter 9 of the New York City Building Code.

Collected 2026-09-06T02:48:57Z. Source file · JSON

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