N.Y.C. Admin. Code § EBC 803: Section EBC 803: Building Elements and Materials

803.1 Scope.

The requirements of this section are limited to work areas in which Level 1 alterations are being performed, except that they shall apply beyond the work area where specified. The registered design professional of record shall be responsible to verify existing fire-resistive rating conditions of building elements. Use of prior codes to establish lawful existing conditions shall be permitted in accordance with Section 302.8.1.

803.2 Shafts and vertical openings.

Existing shafts and vertical openings shall comply with the provisions of Chapter 7 of the New York City Building Code except as stated in Sections 803.2.1 through 803.2.3 of this code for prior code buildings. Where Chapter 7 of the New York City Building Code allows for a reduction of the existing fire resistance rating, the registered design professional of record shall demonstrate compliance with Section 303.2 of this code.

803.2.1 Existing shafts and vertical openings in prior code buildings.

Existing interior vertical openings, including shafts connecting 2 or more floors, shall meet the requirements of Sections 803.2.1.1 through 803.2.1.12. Existing shafts and vertical openings that were lawfully enclosed in accordance with a prior code shall not be reduced in fire-resistance rating to meet the requirements of this section.

Exceptions:

1. Where vertical opening enclosure is not required by the New York City Building Code.

2. Interior vertical openings other than stairways may be sealed at the floor and ceiling of the work area by construction that is substantively similar to that of the existing floor-ceiling assembly of the work area.

3. An enclosure shall not be required where:

3.1. The opening connects the main floor and a mezzanine; or

3.2. All of the following conditions are met:

3.2.1. The communicating area has a light hazard occupancy or has an ordinary hazard occupancy in accordance with NFPA 13 as modified by Appendix Q of the New York City Building Code;

3.2.2. The communicating area is protected throughout by an automatic sprinkler system;

3.2.3. The communicating area is limited to 2 levels and the lowest or next to the lowest level is a street floor;

3.2.4. The entire area is open and unobstructed in a manner such that it may be assumed that a fire in any part of the interconnected spaces will be readily obvious to all of the occupants. Such open and unobstructed area shall be at least 80 percent of the floor area at each level without intervening partitions;

3.2.5. Exit capacity is sufficient to provide egress simultaneously for all occupants of all levels by considering all areas to be a single floor area for the determination of required exit capacity. The maximum travel distance for all occupants of all levels shall be 75 feet (22 860 mm) within the communicating areas;

3.2.6. Each floor level, considered separately, has at least one-half of its individual required exit capacity provided by an exit or exits leading directly out of that level without having to traverse another communicating floor level or be exposed to the smoke or fire spreading from another communicating floor level; and

3.2.7. The communicating areas are occupied by a single tenant.

803.2.1.1 Group A occupancies.

A minimum 1-hour rated enclosure shall be provided to protect all vertical openings not exceeding 3 stories where occupied by the same tenant and when the building is protected throughout by an approved automatic fire sprinkler system. Convenience stairs connecting such stories shall not be considered part of a required means of egress from each story.

803.2.1.2 Group B occupancies.

A minimum 1-hour rated enclosure shall be provided to protect all vertical openings not exceeding 3 stories. This enclosure shall not be required for buildings not exceeding 3,000 square feet (279 m

2

) per floor where both of the following conditions are met:

1. The building is protected throughout by an approved automatic fire sprinkler system; and

2. Convenience stairs connecting such stories shall not be considered part of a required means of egress from each story.

803.2.1.3 Group E occupancies.

An enclosure shall not be required for vertical openings not exceeding 3 stories when the building is protected throughout by approved automatic fire sprinkler system and approved fire alarm system.

803.2.1.4 Group F occupancies.

An enclosure shall not be required for vertical openings not exceeding 3 stories where a vertical opening is necessary for manufacturing operations, direct access is provided to at least 1 enclosed stairway and the building is protected throughout by an approved automatic sprinkler system.

803.2.1.5 Group H occupancies.

An enclosure shall not be required for vertical openings not exceeding 3 stories where a vertical opening is necessary for manufacturing operations, every floor level has direct access to at least 2 remote enclosed stairways or other approved exits and the building is protected throughout by an approved automatic fire sprinkler system and approved fire alarm system.

803.2.1.6 Group M occupancies.

A minimum 1-hour rated enclosure shall be provided to protect all vertical openings not exceeding 3 stories. This enclosure shall not be required in buildings protected throughout by an approved automatic sprinkler system and any convenience stair connecting such stories shall not be considered part of a required means of egress from each story.

Exception: Malls designed and constructed under prior codes.

803.2.1.7 Group R-1 occupancies.

An enclosure shall not be required for vertical openings not exceeding 3 stories where such openings serve public areas and the building is protected throughout by an approved automatic sprinkler system and approved fire alarm system.

803.2.1.8 Group R-2 and I-1 occupancies.

A minimum 1-hour rated enclosure shall be provided to protect all vertical openings not exceeding 3 stories. However, vertical openings need not be enclosed within dwelling units in accordance with the following:

1. Vertical openings within dwelling units connecting 2 stories.

2. Vertical openings within dwelling units connecting 3 stories in:

2.1. Combustible buildings protected throughout by an automatic sprinkler system;

2.2. Noncombustible buildings where the dwelling unit containing the vertical opening is protected by an automatic sprinkler system.

803.2.1.9 Group R-3 occupancies.

An enclosure shall not be required for vertical openings or shafts in dwellings not exceeding 3 stories above a basement or where the building is protected throughout by an approved automatic sprinkler system.

803.2.1.10 Group S occupancies.

An enclosure shall not be required for vertical openings for:

1. Buildings connecting not more than 2 floor levels;

2. Buildings connecting not more than 3 floor levels and the structure is equipped throughout with an approved automatic sprinkler system; or

3. Open parking garages and ramps where vertical opening protection is not otherwise required.

803.2.1.11 Vertical openings exceeding 3 stories.

Where vertical openings exceed the limits of Sections 803.2.1.1 through 803.2.10 of this code for Occupancy Groups A, B, E, F, H, M, R-1, R-2, R-3 or S, such openings shall be permitted to be enclosed in accordance with Chapter 7 of the New York City Building Code where the building is protected throughout by an approved automatic sprinkler system. In Occupancy Groups R-1 and R-2 buildings, such enclosure shall not be less than what is required by Appendix D of this code. Buildings in Occupancy Groups E, H and R-1 shall also be provided with fire alarm systems.

803.2.1.12 Group I-2, I-3, and I-4 occupancies.

Vertical openings and shaft enclosures shall be permitted to comply with the New York City Building Code where the building is protected throughout by an approved automatic sprinkler system and approved fire alarm system. Existing shafts and vertical openings that are lawfully enclosed in accordance with prior codes shall be considered in compliance with this section.

803.2.2 Supplemental shaft and floor opening enclosure requirements.

Where the work area on any floor exceeds 50 percent of that floor area, the enclosure requirements of Section 803.2 shall apply to vertical openings other than stairways throughout the floor.

Exception: Vertical openings located in occupied spaces under separate tenancy that are entirely outside the work area.

803.2.3 Supplemental stairway enclosure requirements in prior code buildings.

Where the work area on any floor exceeds 50 percent of that floor area, stairways that are part of the means of egress serving the work area shall, at a minimum, be enclosed with 1-hour fire rated construction on the highest work area floor and all floors below.

Exception: Where stairway enclosure is not required by the New York City Building Code.

803.2.4 Requirements for non-egress convenience stairway or escalator opening.

In an existing building equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 of the New York City Building Code, a shaft enclosure is not required for an escalator opening or stairway which is not a portion of the means of egress and which is protected in accordance with the Section 712 of the New York City Building Code.

803.3 Smoke compartments.

In Group I-2 occupancies where the work area is on a story used for sleeping rooms for more than 30 persons sleeping or receiving care or treatment, the story shall be divided into not less than 2 compartments by smoke barrier walls in accordance with Section 407.5 of the New York City Building Code as required for new construction.

803.4 Interior finish.

The interior finish of walls and ceilings in exits and corridors in any work area shall comply with the requirements of the New York City Building Code.

Exception: In prior code buildings, existing interior finish materials that do not comply with the interior finish requirements of the New York City Building Code shall be permitted to be treated with an approved fire-retardant coating in accordance with the manufacturer’s instructions to achieve the required rating. The fire-retardant coating shall be listed by a Nationally Recognized Testing Laboratory.

803.4.1 Supplemental interior finish requirements.

Where the work area on any floor exceeds 50 percent of the floor area, Section 803.4 shall also apply to the interior finish in exits and corridors serving the work area throughout the floor.

Exception: Interior finish within occupied spaces under separate tenancy that are entirely outside the work area.

803.5 Guards.

Every portion of a floor or walking surface, such as a balcony or a loading dock, that is more than 30 inches (762 mm) above the floor or grade below and is not provided with guards, or those in which the existing guards are not adequate in strength and attachment in accordance with the applicable sections of Chapter 16 of the New York City Building Code, shall be provided with guards designed and installed in accordance with Chapter 10 of the New York City Building Code.

803.6 Vaults and reinforced spaces.

Where an alteration to an existing building or space involves the installation of a steel-plated or similarly reinforced or secured vault-like interior in a building or portion thereof, such alteration shall comply with the fire protection requirements of Chapter 9 of the New York City Building Code.

803.7 Windows in Occupancy Groups I-1, R-1, R-2 and R-3.

Where the alteration of an existing building in Occupancy Groups I-1, R-1, R-2 or R-3 includes the replacement of windows, the replacement windows shall be subject to the requirements of Sections 803.7.1 through 803.7.3.

803.7.1 Light and air requirements for replacement windows.

Replacement windows serving dwelling units in Group I-1, R-1, R-2 or R-3 occupancies shall not reduce the area of glazing or operable area below the requirements of Chapter 12 of the New York City Building Code, except where different requirements provided in Appendix D of this code for certain multiple dwelling classifications apply.

Exception. Where replacement windows installed within an existing window frame in R-3 occupancy are required to comply with the New York City Energy Conservation Code, the required window size may be reduced by the thickness of the existing frame. Where replacement of windows in R-3 occupancy requires replacement with a frame/mullions that are larger than the original frame/mullions and results in reduction in glazed area/daylight opening, the new window shall be allowed on condition the new window conforms with all other code requirements. Such reduction shall be minimized to the extent possible.

803.7.2 Window guards in Group R-2 occupancies.

Replacement windows shall be subject to the requirements of Section 303.7 of this code and Section 1015.9 of the New York City Building Code with regard to window guards.

803.7.3 Emergency escape and rescue openings.

Replacement windows in Group R-2 and R-3 occupancies shall comply with Section 303.8.

803.8 Protection of window openings on lot line air shafts in Group R-2 occupancies.

In prior code buildings, where there are windows that open onto a lot line air shaft as defined in Chapter 2 within the work area and any part of such window is less than 3 feet (914 mm) from the lot line or less than 6 feet (1829 mm) from another window on the adjacent building, such window shall be protected in the manner described by Sections 803.8.1 or 803.8.2. For the purpose of this section, separation distance to adjacent buildings shall be measured in any direction to the nearest edges of window openings.

803.8.1 Methods of protection.

Within the work area, windows opening on lot line air shafts shall be protected by 1 of the following methods:

1. The window shall be a fire window assembly meeting the requirements of Sections 705.8.2 and 716.6 of the New York City Building Code, and if the window is operable or is required to be operable by Chapter 12 of the New York City Building Code, the window shall be automatic-closing.

2. Where the building is equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 of the New York City Building Code, the window shall be protected by a water curtain using automatic sprinklers approved for that use in accordance with Section 705.8.2 (Exception) of the New York City Building Code; or

3. The window is protected by a fire shutter complying with Sections 705.8.2 and 716.6 of the New York City Building Code.

803.8.2 A new sprinkler system is to be installed.

Where the installation of a new sprinkler system is proposed throughout a building containing air shaft windows, such windows shall be protected on the interior side, in accordance with Section 705.8.2 (Exception) of the New York City Building Code.

803.9 Existing buildings in fire districts.

Alterations made to existing buildings shall comply with Section 302.6 and Sections 803.9.1 through 803.9.3.

803.9.1 Construction type.

Every existing building, room, or space hereafter altered shall be of a construction type as indicated in Chapter 6 of the New York City Building Code including the required fire resistance rating of bearing walls, floors, roofs and their supporting structural members.

803.9.2 Roof covering.

Roof covering in the fire district shall conform to the requirements of Class A or B roof coverings as defined in Section 1505 of the New York City Building Code.

803.9.3 Existing one- or two-family dwellings.

Where an existing one- or two-family detached, zero lot line or semi-detached dwelling of 3 stories or less in height and 2,500 square feet (232 m

2

) or less in area located within Zoning Districts R-1 through R-5 within Lower Density Growth Management Areas as defined by the New York City Zoning Resolution constructed of Type VA construction, is damaged, only the damaged portions shall be required to be reconstructed to conform to Type VA construction where such buildings are equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 of the New York City Building Code.

803.10 Architectural condition assessment.

Where a building is being altered and the work area exceeds 50 percent of the floor area, the registered design professional of record shall visually assess the condition of fire-resistant building elements and assemblies within the work area, and egress elements serving the work area on that same story. The results and findings of the assessment shall be incorporated in the scope of work as needed. Where the assessment reveals unsafe conditions or deteriorated building elements, such elements shall be remediated, and the unsafe conditions corrected. Such building elements and assemblies shall include:

1. Exit doors: fire rating, self-closing mechanism and as required by Section 805, as applicable.

2. Shafts and vertical openings enclosures.

3. Exit stair enclosure and material combustibility.

4. Fire walls and fire-rated partitions including penetrations and protection of windows and doors.

5. Protection of lot line windows.

6. Fire escape and access thereto, including attachment to exterior wall, stairs, balconies, fire protection of windows and railings.

Such condition assessment need not be repeated for the same work area unless required by the commissioner.

Exception: Alterations of one- and two-family dwellings in occupancy group R-3.

803.10.1 Hazardous conditions.

All conditions noted as hazardous to life, safety or health that are not immediately corrected shall be brought to the immediate attention of the commissioner.

803.11 Bearing of joists.

For non-fireproof buildings erected prior to December 6, 1968, the ends of floor and roof joists and beams shall not be supported on stud partitions, whether wood stud or metal stud. The ends of such joists and beams shall be supported on masonry, girders, trimmer or header beams. When supported on masonry walls, such joists and beams shall be cut to a bevel of 3 inches (914 mm) in their depth and shall have a bearing of at least 4 inches (102 mm) on the masonry. When supported on girders, such joists and beams shall have bearings of at least 4 inches (102 mm), and may be supported by metal stirrups, hangers or bolted hardwood cleats. Tail beams over eight feet (2438 mm) long and trimmer and header beams shall be hung in approved metal stirrups or hangers and shall be spiked unless supported on a wall or girder.

Exception: For buildings that are fully sprinklered and that comply with the height and area limitations of Chapter 5 of the New York City Building Code, connection details for joists and beams shall be permitted to comply with the New York City Building Code.