N.Y.C. Admin. Code § EBC D201: D201 General.

Unless otherwise expressly stated, the following words and terms shall, for the purposes of this appendix, have the meanings shown herein. Refer to Chapter 2 for general definitions.

1938 BUILDING CODE. The building law and regulations in effect prior to December 6, 1968.

1968 BUILDING CODE. The building law and regulations in effect prior to July 1, 2008.

APARTMENT. See Chapter 2 of the New York City Building Code.

BASEMENT (MDL 4(38)). A "basement" is a story partly below the curb level but having at least one-half of its height above the curb level; except that where every part of the building is set back more than 25 feet (7620 mm) from a street line, the height shall be measured from the adjoining grade elevations calculated from final grade elevations taken at intervals of 10 feet (3048 mm) around the exterior walls of the building. A basement shall be counted as a story in determining height.

CELLAR (MDL 4(37)). A "cellar" in a dwelling is an enclosed space having more than one-half of its height below the curb level; except that where every part of the building is set back more than 25 feet (7620 mm) from a street line, the height shall be measured from the adjoining grade elevations calculated from final grade elevations taken at intervals of 10 feet (3048 mm) around the exterior walls of the building. A cellar shall not be counted as a story.

CLASS A MULTIPLE DWELLING (MDL 4(8)). A multiple dwelling that is occupied for permanent residence purposes. This class shall include tenements, flat houses, maisonette apartments, apartment houses, apartment hotels, bachelor apartments, studio apartments, duplex apartments, kitchenette apartments, garden-type maisonette dwelling projects, and all other multiple dwellings except Class B multiple dwellings. A Class A multiple dwelling shall only be used for permanent residence purposes. For the purposes of this definition, "permanent residence purposes" shall consist of occupancy of a dwelling unit by the same natural person or family for 30 consecutive days or more and a person or family so occupying a dwelling unit shall be referred to herein as the permanent occupants of such dwelling unit. The following uses of a dwelling unit by the permanent occupants thereof shall not be deemed to be inconsistent with the occupancy of such dwelling unit for permanent residence purposes:

1. Occupancy of such dwelling unit for fewer than 30 consecutive days by other natural persons living within the household of the permanent occupant such as house guests or lawful boarders, roomers or lodgers; or

2. Incidental and occasional occupancy of such dwelling unit for fewer than 30 consecutive days by other natural persons when the permanent occupants are temporarily absent for personal reasons such as vacation or medical treatment, provided that there is no monetary compensation paid to the permanent occupants for such occupancy.

Exception. In a Class A multiple dwelling owned by an accredited not-for-profit college or university or leased by such a college or university under a net lease for a term of 49 years or more, the use of designated dwelling units for occupancy for fewer than 30 consecutive days shall not be inconsistent with the occupancy of such multiple dwelling for permanent residence purposes if:

1. No more than 5 percent of the dwelling units in such multiple dwelling but not less than 1 dwelling unit, are designated for such use and the designation of a unit once made may not be changed to another unit;

2. A list of the designated dwelling units certified by an authorized representative of the college or university is kept on the premises by the owner or net lessee and made available upon request for inspection by the department or fire department;

3. Only designated dwelling units on the certified list are used for occupancy for fewer than 30 consecutive days and only by

3.1. natural persons, other than persons whose only relationship with the college or university is as a student, for whom the college or university has undertaken to provide housing accommodations such as visiting professors and academics, graduate students with research or teaching fellowships, researchers and persons presenting academic papers, interviewing for positions of employment or having other similar business with the college or university; or

3.2. natural persons for whom a hospital affiliated with such college or university has undertaken to provide housing accommodations such as patients, patients' families and/or accompanying escorts, medical professionals and healthcare consultants or persons having other similar business with such hospital. A log shall be maintained on the premises of the names and addresses of such persons and the duration and reason for their stay. Such log shall be accessible upon request for inspection by the department and the fire department;

4. No rent or other payment is collected for such occupancy; and

5. The fire department shall require the filing of a fire safety plan or other appropriate fire safety procedure.

CLASS B MULTIPLE DWELLING (MDL 4(9)). A multiple dwelling which is occupied, as a rule transiently, as the more or less temporary abode of individuals or families who are lodged with or without meals. This class shall include hotels, lodging houses, rooming houses, boarding houses, boarding schools, furnished room houses, lodgings, club houses, college and school dormitories, and dwellings designed as private dwellings but occupied by 1 or 2 families with 5 or more transient boarders, roomers, or lodgers in 1 household.

CONVERTED DWELLING (MDL 4(10)). A dwelling erected before December 6, 1968, to be occupied by 1 or 2 families living independently of each other, and subsequently converted to a multiple dwelling:

1. Prior to the effective date of the local law that added this section pursuant to Article 6 of the MDL (pursuant to Section D103, such multiple dwellings as classified as HCA, HCB, HACA, of HACB); or

2. On or after the effective date of the local law that added this section pursuant to

Chapter D6

(pursuant to Section

D103

, such multiple dwellings are classified as EBC-CDA).

COURT (MDL 4(32)). An open space other than a side or rear yard, on the same zoning lot as a dwelling.

COURT, INNER (MDL 4(32)). A court not extending to the street or rear yard.

COURT, OUTER (MDL 4(32)). A court extending to the street or rear yard.

CUBICLE (MDL 4(21)). A small, partially enclosed sleeping space with or without a window to the outer air within a living room in an existing lodging house.

CURB LEVEL (MDL 4(33)). The "curb level", for the purpose of measuring the height of any portion of a building, is the level of the curb at the center of the front of the building; except that where a building faces on more than 1 street, the curb level is the average of the levels of the curbs at the center of each front. Where no curb elevation has been established the average elevation of the final grade adjoining all exterior walls of a building, calculated from grade elevations taken at intervals of 10 feet (3048 mm) around the exterior walls of the building, shall be considered the curb level, unless the city engineer shall establish such curb level or its equivalent.

DWELLING (MDL 4(4)). See Chapter 2 of the New York City Building Code.

DWELLING UNIT. See Chapter 2 of the New York City Building Code.

FIRE ESCAPE (MDL 4(42)(c)). A "fire-escape" is a combination of outside balconies and stairs providing an unobstructed means of egress from rooms or spaces in a building.

FIRE-RETARDED (MDL 4(29)). As applied to a part or parts of a building, part or parts that are:

1. Previously protected against fire in accordance with Section E402 of Appendix E, and if altered thereafter, altered in accordance with Section D306.13; or

2. Protected against fire with materials of standard fire-resistive ratings of at least 1 hour.

FIREPROOF (MDL 4(26)). As applied to a part or parts of a fireproof or non-fireproof building, such part or parts are made of incombustible materials with standard fire-resistive ratings not less than those required for the corresponding part or parts of a fireproof multiple dwelling.

FIREPROOF MULTIPLE DWELLING (MDL 4(25)). A multiple dwelling in which the walls and other structural members are of incombustible materials or assemblies meeting all of the requirements of the building code and with standard fire-resistive ratings of not less than those set forth in Table D201(1).

Table D201(1) Fire-Resistive Ratings of Fireproof Building Elements 

a

Incombustible material or assembly

Multiple dwelling more than 100 feet (30 480 mm) in height

Multiple dwelling 100 feet (30 480 mm) or less in height

Fire Walls

4 hours

4 hours

Party Walls

4 hours

4 hours

Piers

4 hours

4 hours

Columns

4 hours

4 hours (exterior) 2 hours (interior)

Interior structural members which carry walls

4 hours

4 hours

Girders carrying columns

4 hours

4 hours

Exterior walls other than panel walls

4 hours

3 hours

Other girders

3 hours

3 hours

Fire partitions

3 hours

3 hours

Floors including their beams and girders

3 hours

1 1/2 hours

b

Beams

3 hours

1 1/2 hours

Roofs

3 hours

1 1/2 hours

b

Floor fillings

3 hours

1 1/2 hours

b

Stairway enclosures

3 hours

3 hours

Exterior panel walls

2 hours

2 hours

a. For buildings constructed on or after December 6, 1968, fireproof building elements shall, at a minimum, meet the fire-resistive ratings required for those of Type IIA construction as provided for in Table 601 of the

New York City Building Code

.

b. Value shall be 1 hour for fireproof multiple dwellings 3 stories or less in height.

FLOOR SPACE (MDL 4(18)). The clear area of the floor contained within the partitions or walls enclosing any room, space, foyer, hall, or passageways of any dwelling.

FRAME DWELLING (MDL 4(28)). A dwelling of which the exterior walls or any structural parts of such walls are of wood. A dwelling which would not otherwise be a frame dwelling shall not be deemed a frame dwelling by reason of the existence on such dwelling of frame oriel, bay, or dormer windows, frame porches not more than 1 story in height, or frame extensions not more than 1 story in height and 59 square feet (5.5 m

2

) in area if such windows, porches, or extensions were erected prior to April 13, 1940.

HEIGHT (MDL 4(35)). Notwithstanding the definition of height in the New York City Building Code, for the purposes of this appendix, the definition of height shall be as follows. The vertical distance from the curb level to the level of the highest point of the roof beams; except that, in the case of pitched roofs, it is the vertical distance from the curb level to the mean height level of the gable or roof above the vertical street wall. When no roof beams exist or when there are structures wholly or partly above the roof, the height shall, except as otherwise expressly provided, be measured from the curb level to the level of the highest point of any such structure; except that where every part of the building is set back more than 25 feet (7620 mm) from a street line, the height shall be measured from the average grade elevation calculated from the final grade elevations taken at intervals of 10 feet (3048 mm) around the exterior walls of the building.

Exceptions:

1.

Certain superstructures (MDL 4(35(b)). Except as otherwise provided in Section D702.1, the following superstructure shall not be considered in measuring the height of a dwelling:

1.1. parapet walls or guard railings;

1.2. other superstructures 12 feet (3658 mm) or less in height and occupying 15 percent or less of the area of the roof;

1.3. elevator enclosures 30 feet (9144 mm) or less in height used solely for elevator purposes;

1.4. enclosures 50 feet (15 240 mm) or less in height used solely for tanks, cooling towers or other mechanical equipment; and

1.5. where approved by the department, pergolas, spires, chimneys, other ornamental treatments, roof gardens, and playgrounds.

2. Penthouse dwellings on fireproof multiple dwellings (MDL 4(35)(c)). When on the main roof of any fireproof multiple dwelling erected after April 18, 1929, in which 1 or more passenger elevators are operated, a penthouse dwelling is erected the height of which does not exceed 12 feet (3658 mm) and the walls of which are set back as provided in this paragraph, the height of such multiple dwelling shall be measured as though no such penthouse had been erected thereon. Such penthouse walls shall be set back from the outer face of the front parapet wall at least 5 feet (1524 mm), from the outer face of the yard parapet wall at least 10 feet (3048 mm), and from the inner face of every other parapet wall at least 3 feet (914 mm); except that the setback so required from any parapet wall facing any court or yard or recess therefrom but not facing any street may be reduced one-third for each 10 percent by which the area of such court or yard exceeds the required minimum area thereof at the highest level of such parapet wall, and the setback so required from any parapet wall facing any street may be reduced 1 foot (305 mm) for each 1 foot (305 mm) that such parapet wall is set back from the building line established by law at the highest level of such parapet wall, provided that in the opinion of the department safe and sufficient passage is provided to and from every part of the main roof. Any penthouse wall which may be flush with the inner face of any parapet wall may be flush with the outer face thereof.

3. Rear multiple dwellings with adjacent ground curb level (MDL 4(35)(d)). If a rear multiple dwelling is erected after April 18, 1929, on the same lot as a front multiple dwelling, and the depth of the yard of the front multiple dwelling is more than 60 feet (18 288 mm) and the lowest point of such yard is below the curb level and below the floor of a cellar of the front multiple dwelling or of the lowest story thereof if there is no cellar, the height of the rear multiple dwelling shall be measured from such lowest point instead of from the curb level.

HOTEL (MDL 4(12)). An inn having 30 or more sleeping rooms.

LIVING ROOM (MDL 4(18)). A room which is not a public hall, public vestibule, public room, or other public part of a dwelling. Every room used for sleeping purposes shall be deemed a living room. Dining bays and dinettes 55 square feet (5 m

2

) or less in floor area, foyers as described in Chapter 12 of the New York City Building Code, water-closet compartments, bathrooms, cooking spaces less than 80 square feet (7 m

2

) in area, and halls, corridors, and passageways entirely within an apartment or suite of rooms shall not be deemed living rooms.

LODGING HOUSE (LH) (MDL 4(14)). A multiple dwelling in which persons are housed in open rooms, for a single night, or for no longer than 29 days. The creation of or conversion to a lodging house shall be limited by Section 27-2077 of the New York City Housing Maintenance Code.

MDL. The New York State Multiple Dwelling Law.

MULTIPLE DWELLING (MDL 4(7)). A "multiple dwelling" is a dwelling which is either rented, leased, let, or hired out, to be occupied, or is occupied as the residence or home of 3 or more families living independently of each other. On and after July 1, 1955, a "multiple dwelling" shall also include residential quarters for members or personnel of any hospital staff which are not located in any building used primarily for hospital use provided, however, that any building which was erected, altered, or converted prior to July 1, 1955, to be occupied by such members or personnel or is so occupied on such date shall not be subject to the requirements of this chapter only so long as it continues to be so occupied provided there are local laws applicable to such building and such building is in compliance with such local laws. A "multiple dwelling" shall not be deemed to include a hospital, convent, monastery, asylum, or public institution, or a fireproof building used wholly for commercial purposes except for not more than 1 janitor's apartment and not more than 1 penthouse occupied by not more than 2 families. For the purposes of this chapter "multiple dwellings" are divided into 2 classes: "class A" and "class B." Building or portion of the building classified as I-1 occupancy in accordance with Chapter 3 of New York City Building Code shall be deemed to be a multiple dwelling.

NON-FIREPROOF MULTIPLE DWELLING (MDL 4(27)). A multiple dwelling which does not meet the requirements for a fireproof multiple dwelling.

PUBLIC HALL (MDL 4(17)). A hall, corridor, or passageway within a building but outside of all apartments and suites of private rooms.

PUBLIC ROOM OR PART (MDL 4(17)). A space used in common by the occupants of 2 or more apartments or rooms, or by persons who are not tenants, or exclusively for mechanical equipment of such dwelling or for storage purposes.

PUBLIC VESTIBULE (MDL 4(17)). A corridor, not within an apartment or suite of private rooms, providing access to a stair or elevator and not wider than 7 feet (2134 mm) nor longer than twice the width of the stair or elevator shafts opening upon it.

REAR YARD (MDL 4(32)). An open space on the same zoning lot with a dwelling between the extreme rear line of the zoning lot and the extreme rear wall of the dwelling.

ROOMING HOUSE, FURNISHED ROOM HOUSE (MDL 4(13)). A "rooming house" or a "furnished room house" is a multiple dwelling, other than a hotel, having less than 30 sleeping rooms and in which persons either individually or as families are housed for hire or otherwise with or without meals. An inn with less than 30 sleeping rooms is a rooming house.

The creation of or conversion to a rooming house or a furnished room house shall be limited by Section 27-2077 of the New York City Housing Maintenance Code.

SECTION (MDL 4(39). A "section" of a multiple dwelling is a part thereof, other than an apartment or suite of rooms, separated as a unit from the rest of such dwelling by fireproof construction.

SINGLE ROOM OCCUPANCY (MDL 4(16)).

The occupancy by 1 or 2 persons of a single room, or of 2 or more rooms which are joined together, separated from all other rooms within a dwelling unit in a multiple dwelling, so that the occupant or occupants thereof reside separately and independently of the other occupant or occupants of the same dwelling unit. When a class A multiple dwelling is used wholly or in part for single room occupancy, it remains a class A multiple dwelling. The creation of or conversion to single room occupancy shall be limited by Section

27-2077

of the

New York City Housing Maintenance Code

.

STORY (MDL 4(36)). A space between the level of 1 finished floor and the level of the next higher finished floor, or, if the top story, of the space between the level of the highest finished floor and the top of the highest roof beams, or, if the first story, of the space between the level of the finished floor and the finished ceiling immediately above. For the purpose of measuring height by stories in multiple dwellings erected after April 18, 1929, 1 additional story shall be added for each 12 feet (3658 mm) or fraction thereof that the first story exceeds 15 feet (4572 mm) in height, and for each 12 feet (3658 mm) or fraction thereof that any story above the first story exceeds 12 feet (3658 mm) in height.

STREET WALL (MDL 4(34)). A "street wall" of a building, at any level, is the wall of the building nearest to a street line abutting the property.

TENEMENT (MDL 4(11)). Any building or structure or any portion thereof, erected before April 18, 1929, which is occupied, wholly or in part, as the residence of 3 families or more living independently of each other and doing their cooking upon the premises, and includes apartment houses, flat houses, and all other houses so erected and occupied, except that a tenement shall not be deemed to include any converted dwelling.

TENEMENT, NEW LAW (NL) (MDL 4(11)). A tenement erected on or after April 12, 1901, and before April 18, 1929, except that it shall not be deemed to include any converted dwelling.

TENEMENT, OLD LAW (OL) (MDL 4(11)). A tenement existing before April 12, 1901, and recorded as such in the department before April 18, 1929, except that it shall not be deemed to include any converted dwelling.