N.Y.C. Admin. Code § EBC D604: D604 Conversion to more than 3 families and/or more than 3 stories.

A building originally erected as a one- or twof-family dwelling on or before April 1, 1929, shall be permitted to be converted to a Class A multiple dwelling and shall be classified as ECB-CDA provided such building meets this code and the following requirements. However, any requirement of this code that covers the same subject matter as the following shall not apply, and such following requirements from Sections D604.1 through D604.14 shall apply in lieu thereof:

D604.1 Frame buildings.

The building shall not be a frame building. However, the conversion of nonresidential spaces in existing frame buildings to apartments shall be converted in accordance with the Exception to Section D306.5.

D604.2 Height and area limitations.

The building, including any additions, 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, as such term height is defined in the New York City Building Code.

D604.3 Fire alarm system.

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

D604.4 Detection system.

The building shall be provided with carbon monoxide and smoke alarms in accordance with Chapter 9 of the New York City Building Code.

D604.5 Two means of egress.

Egress from every dwelling unit on each story shall be provided with 2 independent means of egress as follows:

D604.5.1 First means of egress.

One means of egress shall be a stair providing access to the street and comply with the following:

1.

Roof access. The stair shall extend to and through the roof by a bulkhead, except that a scuttle may be used in lieu of a bulkhead if the dwelling does not exceed in height 3 stories not including the basement, or if it does not exceed a basement and 4 other stories in height and is occupied by not more than 2 families on any story, and except that no bulkhead or scuttle, or stair or ladder leading thereto, shall be required where the roof is a peak roof with a pitch of more than 15 degrees (0.26 rad).

2.

Scuttles. Any scuttle provided pursuant to Section D604.5.1, Item 1, shall be at least 21 inches (533 mm) in width and 28 inches (711 mm) in length, covered on the outside with metal and provided with a stair or a stationary iron ladder leading thereto and easily accessible to all occupants of the dwelling. Every scuttle shall be located in the ceiling of the stair hall on the top story and access to the roof through the scuttle shall be direct and uninterrupted. It shall be unlawful to enclose in any manner the ladder or stair leading to a scuttle.

3.

Obstructions to roof access. Every bulkhead door or scuttle shall not be self-locking and shall be fastened on the inside with movable bolts, hooks, or a lock which does not require a key to open from the inside of the dwelling.

4.

Existing wood stairs. Existing wood stairs shall be permitted to remain.

5.

Independently enclosed public hall. Existing stairs without an intervening public hall between the stair enclosure and the apartment entrance doors need not be provided.

6.

Existing stair width. Existing stairs shall be at least 30 inches (762 mm) in clear width for buildings up to 3 stories above a basement and 36 inches (914 mm) for all other buildings. The entrance hall to the street shall be at least 32 inches (813 mm) in clear width.

7.

Wainscoting. Wood wainscoting shall be permitted to remain.

D604.5.2 Second means of egress.

A second means of egress shall be 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.

D604.6 Dwelling unit doors.

The dwelling unit entrance doors and door assemblies in public stair halls and public halls shall be provided with self-closing door assemblies with a minimum of a 3/4-hour fire resistance rating.

D604.7 Interior windows.

All windows, transoms or other openings between dwelling units and the public hall or stair hall shall be sealed with 1-hour fire-resistance-rated assemblies.

D604.8 Fire rating of public hall and fire retarding of stairs.

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

D604.9 Fire retarding of ceilings.

The ceiling of the cellar, the ceiling of any dwelling unit located below a different dwelling unit or below a public hall or stair and the ceiling of a commercial space shall be constructed as horizontal assemblies with a fire-resistance rating of not less than 1 hour.

D604.10 Separation of dwelling units.

Dwelling units shall be separated by assemblies meeting a fire-resistance rating of not less than 1 hour.

D604.11 Living room size.

Every living room:

1. Shall contain 550 cubic feet (16 m

3

) or more of air;

2. Shall be at least 6 feet (1829 mm) wide at its narrowest part;

3. 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 (1829 mm) from the front of such room if it is on the top story, and of 8 feet (2438 mm) if on any other story.

D604.12 Natural light and ventilation.

The natural light and ventilation shall comply with the following:

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.

2. Any room on a top story shall be permitted to be lighted and ventilated by a 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.

D604.13 Cellar entrance.

If there is a cellar, there shall be an independent entrance thereto from outside the dwelling by means of a metal fire ladder or fireproof stair leading to an opening in the outside cellar wall at least 30 inches (762 mm) in width and 6 feet (1829 mm) in height. Such entrance to the cellar shall be permitted to be through an areaway or through a fireproof passageway leading directly to the street. The entrance to the cellar may be closed off with a grating or doors which shall not be locked or bolted unless they can be readily unbolted or unlocked from the inside without a key and shall be arranged and constructed so as to be readily opened at all times. Such cellar entrance shall not be used to satisfy a required means of egress unless it also meets the standards required for such egress.

D604.14 Sprinklers.

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

D604.15 Elevator.

The building shall be required to provide an elevator where required by Section D306.1.