N.Y.C. Admin. Code § EBC D602: D602 Alterations to existing converted dwellings.

Alterations to existing multiple dwellings classified as HCA, HACA, HCB, and HACB shall comply with this code and Sections D602.1 through D602.4.

D602.1 Increase in units/additions.

Such a dwelling shall not be increased: (i) in number of units, (ii) in height, (iii) by rooftop addition (other than a stair or elevator bulkhead), (iv) in stories, or (v) by horizontal addition so as to exceed by 25 percent or more the area on any story which such building occupied at the time of its conversions; unless all of the following are met:

1. A second means of egress shall be provided that is directly accessible from within every dwelling unit in the building including those outside the work area, which shall be either a system of outside fire-escapes, constructed, and arranged as provided in Section D306.3, a fire-stair, or a fire-tower. Where such second means of egress discharges into a rear yard of less than 30 feet (9144 mm), compliance with Section D303.6.12 shall be required;

2. Any existing first means of egress that extends to the roof shall be maintained, provided where the number of stories is increased, the stairs shall be a minimum of 36 inches (914 mm). A bulkhead shall be provided in lieu of an existing scuttle when the number of stories increases to any number exceeding 3 stories above a basement;

3. Sprinklers shall be provided throughout the building in accordance with Section 903 of the New York City Building Code;

4. The building shall not become a high-rise building, and shall comply with the height and area limitations of Chapter 5 of the New York City Building Code not to exceed 6 stories in height above grade plane, as such term height is defined in the New York City Building Code;

5. The building shall have a fire alarm system in accordance with Section 907 of the New York City Building Code;

6. Carbon monoxide and smoke alarms shall be provided throughout the building in accordance with Chapter 9 of the New York City Building Code;

7. The building is not a frame building;

8. No portion of the building constituting an addition shall contain Class B dwelling units;

9. The public hall and stair partitions shall be constructed as 1-hour fire barriers and the soffit of the stairs, if combustible, fire retarded in accordance with Section E402 of Appendix E;

10. Doors opening to the public hall and stair shall be in compliance with Chapter 7 of the New York City Building Code for opening protectives; and

11. Notwithstanding any contrary requirements of the New York City Existing Building Code, the stairs need to be separated from the public halls only at the enlarged portions of the building.

Exceptions. The following exceptions may not be utilized as part of the same alteration project:

1.

Penthouse additions. Only the following shall be required where a building is being vertically enlarged with a penthouse in connection with a Class A dwelling unit below, and such penthouse is not considered a story in accordance with Section 504.3 of the New York City Building Code:

1.1. Any existing first means of egress that extends to the roof shall be maintained and extended to the roof, and shall be permitted of the same width as the existing stairs. A bulkhead shall be provided in lieu of an existing scuttle.

1.2. Sprinklers shall be provided in accordance with Section 903 of the New York City Building Code throughout the dwelling unit, including the penthouse addition, and shall extend to protect the public hall and stair at all levels of such dwelling unit.

1.3. Carbon monoxide and smoke alarms shall be provided throughout the dwelling unit, including the penthouse, in accordance with Chapter 9 of the New York City Building Code.

1.4. The building is not a frame building.

2.

One-story horizontal additions. Only the following shall be required where not more than 1 story is being horizontally enlarged by 50 percent or less of the area on such story:

2.1. The addition shall be provided with sprinklers in accordance with Section 903 of the New York City Building Code, including any dwelling units in connection therewith.

2.2. The addition shall be provided with carbon monoxide and smoke alarms in accordance with Chapter 9 of the New York City Building Code, including any dwelling units in connection therewith.

2.3. The building is not a frame building.

3.

Increase in number of dwelling units by 50 percent or less. Only the following shall be required where the number of dwelling units is increased by 50 percent or less by subdivision of existing dwelling units or by a change of occupancy:

3.1. The subdivided or newly created dwelling units shall be provided with 2 means of egress.

3.2. Sprinklers shall be provided in accordance with Section 903 of the New York City Building Code throughout the subdivided or newly created dwelling units, and shall extend to protect the public hall and stair at the levels of such dwelling units.

3.3. Carbon monoxide and smoke alarms shall be provided throughout the subdivided or newly created dwelling units, in accordance with Chapter 9 of the New York City Building Code.

3.4. The building is not a frame building.

D602.2 Living room size.

For buildings classified as HCA or HACA originally erected as a one- or two-family dwelling on or before April 1, 1929, any requirement of this code that covers the same subject matter as the following shall not apply, and such following requirements shall apply in lieu thereof:

1. Every living room shall contain 550 cubic feet (16 m

3

) or more of air.

2. Every living room shall be at least 6 feet (1829 mm) wide at its narrowest part.

3. Every living room shall have a minimum height of 7 feet (2134 mm) if such room is in the basement, of 7 feet (2134 mm) at all points more than 6 feet (1829mm) from the front of such room if it is on the top story, and of 8 feet (2438 mm) if on any other story.

D602.3 Natural light and ventilation.

For buildings classified as HCA or HACA originally erected as a one- or two -family dwelling on or before April 1, 1929, any requirement of this code that covers the same subject matter as the following shall not apply, and such following requirements shall apply in lieu thereof:

1. Every alcove, except a kitchenette or foyer, shall be deemed a living room and shall open into an immediately adjoining living room which opens directly on a yard or street. Such an alcove shall be separately lighted and ventilated, and of such size as provided for other living rooms, unless it has an opening between the alcove and the room or space at least 80 percent of the area of the common wall and the floor area of the alcove does not exceed twice the area of the opening. Alterations shall not increase the degree of noncompliance for any existing unaltered alcoves.

2. Any room on a top story shall be permitted to be lighted and ventilated by an openable skylight of the dimensions specified for windows and arranged to provide ventilating openings of 6 square feet (0.5 m

2

) or more. Such a skylight shall be accepted in lieu of a window.

D602.4. Means of Egress.

Non-fireproof converted dwellings shall be permitted to retain their existing means of egress, including where it is a single stair that is provided with sprinklers and lawfully installed prior to the effective date of the local law that added this section. Where any such single stair is to be relocated within the dwelling, such single means of egress shall no longer be permitted to be retained, and a second means of egress shall be provided directly accessible from within each dwelling unit and shall be either a system of outside fire-escapes, constructed and arranged as provided in Section D306.3, a fire-stair, or a fire-tower. Where such second means of egress discharges into a rear yard of less than 30 feet (9144 mm), compliance with Section D303.6.12 shall be required.