N.Y.C. Admin. Code § EBC D702: D702 Light and air (MDL 7 Title 1).

D702.1 Height and bulk (MDL 211).

D702.1.1 Limitations (MDL 211(1)).

No tenement shall be increased in height so that its height shall exceed 1.5 times the width of the widest street upon which it stands. Except as otherwise provided in Section D702.1.4, no non-fireproof tenement shall be increased in height so that it shall exceed 5 stories, except that any tenement may be increased to any height permitted for multiple dwellings erected after April 18, 1929, if such tenement is altered to comply as HAEA (2008+) in accordance with Section D303.

D702.1.2 Rooftop structures (MDL 211(2)).

If there are bulkheads, superstructures, or penthouses exceeding 10 feet (3048 mm) in height or exceeding in aggregate area 10 percent of the area of the roof, the measurement of height shall be taken to the top of such bulkhead, superstructure, or penthouse, except that this shall not apply to elevator enclosures not exceeding 23 feet (7010 mm) in height used solely for elevator purposes, nor to open pergolas or similar open ornamental treatment of roof-gardens or playgrounds.

D702.1.3 Fireproof tenements (MDL 211(3)).

In a fireproof tenement in which 1 or more passenger elevators are operated, penthouses may be erected on the main roof. Such penthouses shall be set back at least 5 feet (1524 mm) from the front walls and 10 feet (3048 mm) from the rear walls of the dwelling and at least 3 feet from any court wall. Such penthouses shall have a clear inside height of not less than 9 feet (2743 mm) from finished floor to finished ceiling, and shall not exceed 12 feet (3658 mm) in height from the high point of the main roof to the highest point of the penthouse roof. Such penthouses shall not be deemed to affect the measurement of height of the dwelling. All such penthouses shall be entirely fireproof.

D702.1.4 Non-fireproof OLs (MDL 211(4)).

Any non-fireproof OL 5 stories in height may be increased in number of stories to 6 provided that such increase in number of stories does not result in an increase in the height of the roof beams above the curb level. In any tenement so altered, the first floor above the lowest cellar, or above the basement or other lowest story, shall be fireproof. Any yard or court of such altered tenement shall not be less in any dimension than the minimum dimensions imposed on new developments by the New York City Zoning Resolution.

D702.2 Yards and courts (MDL 212)

D702.2.1 Reduction in yards and courts prohibited (MDL 212(1)).

No tenement shall be enlarged or its zoning lot diminished in any way that would leave any yard or court less in any dimension than the minimum dimensions prescribed for yards or courts in the New York City Zoning Resolution. The restrictions of this subdivision shall not apply to NLs, on lots which run through from 1 street to another street and do not exceed 100 feet (30 480 mm) in depth.

D702.2.2 Courts constructed after December 15, 1961 (MDL 212(2), MDL 26(7)(a)).

Any court constructed on or after December 15, 1961, in a tenement to ventilate any room, public hall, water-closet compartment, or bathroom shall be of the dimensions prescribed in the New York City Zoning Resolution, and such court shall under no circumstances be roofed or covered over at the top. For dwellings exceeding 2 stories in height, every such court, if an inner court, shall be provided at the bottom with 1 or more horizontal air-intakes of fireproof construction at or near the lowest level of such inner court, and shall communicate directly with a street or yard. Such in-take shall have a vertical cross-sectional area of not less than 21 square feet (2 m

2

) and a minimum width of not less than 3 feet (914 mm) in its least dimension, and shall be open and unobstructed throughout, except that where the intake is not used as a passage or exit, gates, or grilles which do not interfere with ventilation may be installed.

D702.2.3 Courts constructed after April 18, 1929 (MDL 212(3)).

Any shaft or court constructed after April 18, 1929, which is used to light or ventilate any room occupied for living purposes in any OL shall be at least 25 square feet (2.3 m

2

) in area and 4 feet (1219 mm) in width in every part, and shall under no circumstances be roofed or covered over at the top. Every such shaft shall be provided at the bottom with a horizontal air-intake or duct at least 4 square feet (0.5 m

2

) in area communicating directly with a street or yard and so arranged as to be easily cleaned.

D702.2.4 Access to clean shafts and courts (MDL 212(4)).

In every OL there shall be a door at the bottom of every shaft and inner court giving access to the shaft or court and whenever the shaft or inner court is less than 200 square feet (18.6 m

2

) in area or 10 feet (3048 mm) in any dimension, such door and its assembly shall be fireproof with the door self-closing. Where a window or door existing on April 18, 1929, gives proper access to such a shaft or court, such window or door shall be deemed sufficient.

D702.3 Lighting and ventilation of rooms (MDL 213).

D702.3.1 Diminution of light or ventilation prohibited (MDL 213(1)).

No tenement, its zoning or tax lot, or any room, public hall, or stairs therein shall be so altered as to have its light or ventilation diminished in any way not approved by the department.

D702.3.2 Windows in NLs (MDL 213(2)).

In every NL, every stair hall, public hall, and living room and at least 1 water-closet compartment or bathroom containing a water-closet in each dwelling unit, shall have at least 1 window opening directly upon a street or upon a lawful yard or court existing on April 18, 1929. Such window shall be so located as to properly light all portions of such hall, room, or compartment. Every part of a dwelling unit of 3 rooms or fewer in such a tenement shall be within 18 feet (5486 mm) of a street or yard or have a window opening upon a lawful inner or outer court existing on April 18, 1929. When a room in a tenement opens upon an inner court on a lot line and less than 10 feet (3048 mm) wide from the lot line to the opposite wall of the dwelling, such room shall be provided with a sash window communicating with another room in the same dwelling unit. Such window shall contain at least 10 square feet (1 m

2

) of glazed surface and be made so as to open readily.

D702.3.3 Intentionally omitted (MDL 213(3)).

D702.3.4 Intentionally omitted (MDL 213(4)).

D702.3.5 Windows in OLs (MDL 213(5)).

Notwithstanding anything in Section D702.3 to the contrary, on and after June 13, 1970, no room in any OL shall be used for living purposes unless such room shall have a window opening directly upon the street, or upon a yard not less than 4 feet (1219 mm) deep, or above the roof of an adjoining building, or upon a court or shaft of not less than 20 square feet (1.86 m

2

) in area, open to the sky without roof or skylight, unless such room is located on the top floor and is adequately lighted and ventilated by a skylight opening directly to the outer air. An alcove shall be deemed to comply with the requirements of this subdivision if:

1. It opens directly into an immediately adjoining room in the same dwelling unit;

2. Such adjoining room opens directly on a street or yard; and

3. A single unbroken open space occupies at least 60 percent of the area of the vertical plane between the alcove and such adjoining room. The required open space between any such alcove and an adjoining room through which it receives light and ventilation shall not be obstructed by any curtain, portiere, fixed or movable partition, or other contrivance or device.

D702.4 Size of rooms (MDL 214).

D702.4.1 Rooms in NLs (MDL 214(1)).

Rooms in NLs shall meet the following standards:

1. In each dwelling unit there shall be at least 1 living room containing at least 120 square feet (11 m

2

) of clear floor area, and every other living room except a kitchen shall contain at least 70 square feet (6.5 m

2

) of clear floor area.

2. Every living room which contains less than 80 square feet (7.5 m

2

) of clear floor area or which is located in the cellar or basement shall be at least 9 feet (2743 mm) high, and every other living room at least 8 feet (2438 mm) high; these measurements to be taken from finished floor to finished ceiling.

3. Every living room shall have a horizontal dimension of at least 6 feet (1829 mm) and, if the tenement was erected after April 18, 1912, of at least 7 feet (2134 mm); except that the minimum horizontal dimension of any kitchen and of a maid's or servant's sleeping room in a fire-proof tenement in which 1 or more passenger elevators are operated, shall be 6 feet (1829 mm).

D702.4.2 Dining bays in all tenements (MDL 214(2)).

In any tenement, dwelling units containing 3 or more rooms may have dining bays, which shall not exceed 55 square feet (5 m

2

) in floor surface area and shall not be deemed separate rooms or subject to the requirements for separate rooms or alcoves. Every such dining bay shall be equipped with such appropriate permanent fittings as may be required by the department and shall also be provided with at least 1 window opening directly upon a street or upon a yard or court which was lawful on April 18, 1929. The area of such window shall be at least one-eighth of the floor surface area of such dining bay. No dining bay shall be permitted in any dwelling unit containing fewer than 3 rooms.

D702.4.3 Alterations in NLs and OLs.

Alterations and changes of layouts in tenements shall comply with the minimum room sizes of Chapter 12 of the New York City Building Code.

Exception. The commissioner may authorize room sizes smaller than those required by Chapter 12 of the New York City Building Code, but no less than required by the applicable provisions of the MDL, where there is a practical difficulty in accomplishing compliance with Chapter 12 of the New York City Building Code.

D702.5 Alcoves. (MDL 215).

No part of any room shall be enclosed or subdivided, wholly or in part, by a curtain, portiere, fixed or movable partition, or other contrivance or device unless each such enclosure or subdivision shall contain a separate window conforming to the provisions of Section 30 of the MDL for rooms in multiple dwellings erected after April 8, 1929, and have a clear floor area of at least 70 square feet (6.5 m

2

).

D702.6 Rooms in basements and cellars (MDL 216).

D702.6.1 New rooms in basements or cellars (MDL 34(6), 26(8), 218(2)).

Rooms created on or after the effective date of the local law that added this section in basements and cellars within dwelling units in tenements shall comply with the requirements of Section D305.4.

D702.6.2 Existing rooms in basements and cellars (MDL 34(6), 216(5)).

For the purposes of establishing the lawful conditions of existing rooms in basements or cellars within dwelling units in OLs or NLs, refer to Section D305.4.1, or Sections 216(1) to (4) of the MDL.

D702.7 Lighting and ventilation of public halls and stairs (MDL 217).

D702.7.1 Public halls in larger NLs (MDL 217(1)).

In every NL which exceeds 4 stories in height or is occupied by 3 families or more on any story, every public hall shall have at least 1 window opening directly upon a street, yard, or court. Such window shall be located at the end of the hall and at right angles to its length, with an additional window in each 30 feet (9144 mm) of hall or fraction thereof beyond the first 60 feet (18288 mm) from such end window if the tenement was erected after April 18, 1912; or, if the window is not located at the end of the hall, there shall be at least 1 window opening directly upon a street, yard or court in every 20 feet (6096 mm) of the length of the hall or fraction thereof, measured from 1 end of hall; but the foregoing provisions shall not apply to that portion of an entrance hall between the entrance and the first flight of stairs if the entrance door contains 5 square feet (0.5 m

2

) or more of glazed surface.

D702.7.2 Public halls recesses in such larger NLs (MDL 217(2)).

When the length of any recess or return off of a public hall in a larger NL as described in Section D702.7.1 does not exceed twice its width, no window shall be required. However, if the length of a recess or return exceeds twice its width there shall be an additional window or windows meeting the requirements for a separate public hall.

D702.7.3 Public halls in smaller NLs (MDL 217(3)).

Except as provided in Section D702.7.4, a NL which is 4 stories or less in height and occupied by not more than 2 families on any story shall either have windows in its public halls as provided for in Section D702.7.1 or a stairwell, 12 inches (305 mm) or more in width extending from the entrance story to the roof. In such a tenement, except as provided in Section D702.7.4, every entrance door shall contain 5 square feet (0.5 m

2

) or more of glazed surface, and all doors leading from the public halls shall be provided with translucent glass panels 5 square feet(0.5 m

2

) or more in area for each door and fixed transoms of translucent glass over each door.

D702.7.4 Exceptions for windows and stairwells in smaller NLs (MDL 217(4)).

Neither windows nor a stairwell shall be required in a NL which do not exceed 3 stories in height or 55 feet (16764 mm) in depth and which are occupied by not more than 1 family on any story and in which the stairs descend in a straight and continuous run from the top story to the entrance story with proper landings at each story. Such tenements shall not be required to have glass panels or transoms in the doors leading from the public halls.

D702.7.5 Public hall window dimensions for NLs (MDL 217(5)).

In every public hall that is provided with a window or windows in a NL, at least 1 such window shall be at least 2 feet 6 inches (762 mm) wide and 5 feet (1524 mm) high.

D702.7.6 Stairs in NLs (MDL 217(6)).

In every NL there shall be provided, at every floor level, a window opening upon a street, yard, court, or space above a setback to light and ventilate every stair. Every such required window shall be of the size required by Section D702.7.5, except that a window opening upon a street need be only 4 feet (1219 mm) high. On the top story a ventilating skylight of the same dimensions shall be accepted in lieu of a window for that story.

D702.7.7 Ventilating skylights in NLs (MDL 217(7)).

In every NL there shall be in the roof, directly over each stairwell, a ventilating skylight provided with ridge ventilators having an opening of at least 40 square inches (25 806 mm

2

), or provided with fixed or movable louvres. The roof of every such skylight shall have at least 20 square feet (2 m

2

) of glazed surface. If the stairs and public halls are not provided at each story with windows opening directly to the outer air, the skylights shall be provided with ridge ventilators and also with fixed or movable louvres or movable sashes.

D702.7.8 Glazed doors in lieu of windows in NLs (MDL 217(8)).

A sash door shall be deemed the equivalent of a window for the purposes of this Section 702.7 if it contains the amount of glazed surface prescribed for such windows.

D702.7.9 Public halls and stairs in OLs (MDL 217(9)).

In all OLs the public halls and stairs shall be provided with such skylights, ventilators, windows in bulkheads, or other means of lighting and ventilation as may be deemed practicable by the department.

D702.7.10 Ventilating skylights in OLs (MDL 217(10)).

All skylights installed in OLs after April 18, 1929, shall be provided with ridge ventilators having an opening of at least 40 square inches (25 806 mm

2

) and also with fixed or movable louvres or with movable sashes. They shall be of such size as may be determined to be practicable by the department, and the roofs of such skylights shall be glazed with plain glass equipped with suitable wire screen above and below.

D702.7.11 Public hall windows in OLs (MDL 217(11)).

Whenever a public hall in any OL 4 stories or more in height is not light enough in the daytime to permit a person to read in every part thereof without the aid of artificial light, every door at the end of such hall or opening therefrom into a room shall have a glass panel or panels of an aggregate area of at least 4 square feet (0.5 m

2

); or in lieu thereof such hall may be lighted by a window or windows opening upon a street or upon a lawful yard, court or shaft, with the plane of each such window at right angles to the length of the hall. In any such tenement any public hall or stair that is not provided with a window opening directly upon a street or yard and is not sufficiently lighted in the opinion of the department, such space shall be provided by the owner with artificial light, which shall be kept burning at all times.

D702.7.12 Separate public halls (MDL 217 (12)).

Any part of a public hall that is shut off from any other part of such hall by a door or doors shall be deemed a separate hall for the purposes of Section D702.7.

D702.8 Certain alterations (MDL 218).

D702.8.1 Alterations to certain NL units (MDL 218(1)).

Any non-fireproof NL erected after May 15, 1902, having dwelling units extending from street to yard and having 1 or more outer courts on a side lot line 4 feet (1219 mm) or more in width or inner courts which alone or together with adjoining courts are 8 feet (2438 mm) or more in width and 12 feet 6 inches (3810 mm) or more in depth, may be altered into dwelling units opening either on the street or the yard, provided all such altered dwelling units also have windows opening on such a court. All such altered dwelling units shall be provided with a second means of egress as required by Section D703.2. The entrance and stair halls of such tenement shall be enclosed in fire barriers with a fire-resistance rating of at least 1-hour.

D702.8.2. New rooms in basements or cellars (MDL 218(2)).

See section D702.6.1.

D702.8.3 Alterations to rooms and halls (MDL 218(3)).

Any additional room or hall constructed or created in a tenement shall comply in all respects with the provisions of Chapter D7 respecting rooms or halls in NLs erected after April 18, 1912.

D702.8.4 Increasing or decreasing the number of apartments or suites in NLs (MDL 218(4)).

The number of apartments or suites of rooms on any story in any NL may be altered so as to increase or decrease the number of living rooms provided such dwelling shall conform with the applicable provisions of Sections D703.6 and D703.7.

D702.8.5 Increasing the number of apartments or suites in OLs (MDL 218(5)).

If the number of apartments or suites of rooms in any OL is increased, the altered apartment(s) shall be separated from other dwelling units and from public halls, public vestibules, public rooms, or other public parts of a dwelling by 1-hour fire barriers and horizontal assemblies, the stairs shall extend to the roof and there shall be no inside stairs from the entrance story to a cellar, or to a basement or other story below the entrance story. However, such inside stair may be permitted provided such stair is constructed of incombustible material, has closed risers, is enclosed between the entrance story and the next lowest story with fireproof materials having a standard fire-resistive rating of at least 3 hours, and has fireproof doors and door assemblies at the top and bottom with the doors and door assemblies at the top and bottom with the doors self-closing. The soffit of any stair immediately above an inside cellar stair shall be fire-retarded and the jib partitions enclosing such cellar stair at the first story shall be 1-hour fire barriers.

D702.8.6 Increasing the number of rooms in OLs, increasing the building height of OLs or combining OLs (MDL 218(6)).

If any OL shall be so altered as to increase the number of rooms therein by one-third or more, or if such tenement is increased both in number of rooms and in height and after such alteration is more than 4 stories or parts of stories above the curb level, or if such tenement is over 3 stories in height and is combined with another old-law tenement and the combined area on any story exceeds 3,000 square feet (278.5 m

2

), the stairs, stair halls, entrance halls, and other public halls of the whole dwelling shall be made to conform to all of the NL requirements of Sections D703.4.2 (MDL 233), D703.5 (MDL 234), D703.6 (MDL 235), D703.7 (MDL 236), D703.8 (MDL 237), and D703.9 (MDL 238), except that such combined tenements, if over 3 stories in height, shall have in the roof a fireproof bulkhead with a fireproof self-closing door.

D702.8.7 Increasing the number of apartments or suites in OLs (MDL 218(7)).

In lieu of fire retarding of the stairs soffits required under Section D702.8.5, there may be installed in public halls an automatic dry pipe valve system or, where halls are heated, an automatic wet pipe system. Where a sprinkler system is installed it shall be equipped on each story with heads in such number and spaced to protect the complete area of the public halls and stairs and shall be constructed, located and arranged on every stair and entrance hall and in every closet opening therefrom in such a manner as the department may require. Such sprinkler system shall be maintained continuously in good repair and serviceable condition.