N.Y.C. Admin. Code § EBC D703: D703 Fire protection (MDL 7 Title 2).

D703.1 Chimneys and fireplaces (MDL 230).

In every existing tenement which is not heated from a central heating plant there shall be adequate flues or chimneys through every floor with a fireplace or place for a stove properly connected with 1 of such flues or chimneys for every dwelling unit. New installations shall be in accordance with the New York City Mechanical Code and New York City Fuel Gas Code, as applicable.

D703.2 Egress of certain tenements (MDL 231).

Every non-fireproof tenement exceeding 2 stories in height and every fireproof NL erected after May 16, 1913, shall comply with Sections D703.2.1 through D703.2.3.

D703.2.1 Two means of egress in such tenements (MDL 231(1)).

Every such tenements shall have at least 2 independent means of egress, which shall extend from the ground story to the roof, be located remote from each other and be separated from each other by walls.

D703.2.2 First means of egress in such tenements (MDL 231(2)).

One of such means of egress shall be a flight of stairs constructed as provided in Sections D703.4 through D703.9; but this sentence shall not be construed to require any alteration in the material or width of any stair or its treads and risers lawfully permitted on April 18, 1929.

D703.2.3 Second means of egress in such tenements (MDL 231(3)).

The other required means of egress shall be directly accessible at each story to each dwelling unit without having to pass through the first means of egress. Such other means of egress shall be any 1 of the following, as the owner may elect:

1. A system of outside fire-escapes constructed as provided in Section D306.3.

2. An additional stair, either inside or outside, constructed and arranged as provided in Sections D703.4 through D703.9.

3. A fire-tower or fire-stair constructed and arranged as provided in Section D703.10.

4. Except as provided in Section D303.6.11, any means of egress lawfully permitted on April 18, 1929, except wire, chain, cable, vertical ladder, or rope fire-escapes.

D703.3 Fire escapes (MDL 232).

D703.3.1 Standards (MDL 232(1)).

All fire-escapes erected after April 18, 1929, shall be arranged and constructed in conformity with the provisions of Section D303.6.

D703.3.2 Prohibited fire escapes (MDL 232(2)).

As specifically indicated in subdivision 9 of Section D303.6, a wire, chain, cable, vertical ladder, or rope fire-escape is an unlawful means of egress from any dwelling unit. Every such fire-escape shall be removed and replaced, if required as a means of egress, by a system of fire-escapes constructed and arranged as provided in Section D303.6.

D703.4 Bulkheads and scuttles (MDL 233).

D703.4.1 Bulkhead required (MDL 233(1)).

Every tenement, except as otherwise provided in Section D703.4, shall have in the roof a fireproof bulkhead with a fireproof door and after January 1, 1957, the door shall be self-closing. Bulkheads existing on April 18, 1929, shall be lawful and may be replaced or repaired with material conforming to the material of which such bulkhead consisted on such date.

D703.4.2 Bulkheads for certain OLs (MDL 233(2)).

A bulkhead in the roof of an OL which is more than a basement and 4 other stories in height or which is a basement and 4 other stories in height and occupied by 3 or more families on any story, may be of wood covered with metal on the outside and fire-retarded on the inside. Such a bulkhead shall be equipped with a fire-retarded door and assembly with the door self-closing.

D703.4.3 Scuttles for certain OLs (MDL 233(3)).

In any OL which is 4 stories or less in height or which is a basement and 4 other stories in height and occupied by not more than 2 families on any story, no bulkhead shall be required provided such tenement is equipped with a scuttle located in the ceiling of a public hall on the top story and with access thereto direct, uninterrupted and easily accessible to all tenants. All such scuttles shall be at least 21 inches (533 mm) in width and 28 inches (711 mm) in length. They shall be constructed so as to be readily opened, covered on the outside with metal and provided with stairs or stationary iron ladders leading thereto.

D703.4.4 Certain NLs (MDL 233(4)).

Every required stair in every NL erected after April 18, 1912, which is more than a basement and 3 other stories in height shall extend to and through a bulkhead in the roof. Such bulkhead shall have a fireproof door and assembly with the door self-closing and may be constructed of wood covered with metal on the outside and fire-retarded on the inside.

D703.4.5 Stairs leading to bulkheads (MDL 233(5)).

Stairs leading to required bulkheads shall be fireproof and constructed as specified in Sections D703.5 through D703.9, except that any such stairs existing on April 18, 1929, shall be permitted without alteration, and that any such stairs constructed after such date in any old-law tenement may have such width and angle of ascent, and risers and treads of such dimensions, as approved by the department. All stairs to required bulkheads shall be provided with a guide or hand rail.

D703.4.6 Bulkheads doors and scuttle hatches (MDL 233(6)).

Bulkhead doors and scuttles 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 it from the inside of the dwelling. All key locks are unlawful and where existing shall be removed.

D703.5 Stairs and public halls (MDL 234).

D703.5.1 Stairs in NLs erected after 4/18/1912 (MDL 234(1)).

In every NL erected after April 18, 1912, all stairs shall extend from the entrance story to the roof, except as otherwise provided in Section 703.4, and the stairs and public halls shall each be at least 3 feet (914 mm) in clear width. Every dwelling unit in such a tenement shall be directly accessible at each story to such stairs and public halls, and every story of such dwelling unit shall be so accessible to such a stair and public hall or to a tower fire-escape or stairway, as provided in Section D703.5 and Sections D703.6 to D703.10.

D703.5.2 Stairs in all NLs (MDL 234(2)).

In every NL, except as provided in Item 2 of Section D703.9.2, all stairs and public halls shall be completely separated from all other stairs and from every elevator by brick walls or partitions of terra cotta blocks at least 4 inches (102 mm) thick, or hollow cement blocks at least 4 inches (102 mm) thick which have successfully withstood a 3-hour standard fire test and been approved by the department and have fireproof doors and assemblies with the doors self-closing at all openings. From any portion of a public hall in such a tenement there may be a recess which shall not be deemed a public hall if the walls, floor and ceilings enclosing it are 1-hour fire barriers or horizontal assemblies and such recess is at all times adequately lighted by electric lights of at least 15 watts or as provided for in

Chapter 10

of the

New York City Building Code

. Such a recess shall not be more than 20 feet (6096 mm) long and shall not be used as a means of egress from more than 3 dwelling units.

D703.6 Stairs in non-fireproof tenements (MDL 235).

D703.6.1 Number of stairs in non-fireproof NLs (MDL 235(1)).

Every non-fireproof NL erected after May 15, 1902, containing more than 26 apartments or suites of rooms above the entrance story shall have an additional stair for every additional 26 apartments or suites or fraction thereof; except that if such tenement contains not more than 36 apartments above the entrance story, in lieu of an additional stair the stairs, stair halls and entrance halls throughout the entire tenement may each be at least one-half wider than is specified in Sections D703.5, D703.8, and D703.9.

D703.6.2 Change in number of dwelling units in all non-fireproof tenements (MDL 235(2)).

The number of dwelling units on any story in any non-fireproof tenement may be altered, if the number of living rooms on such story is not increased by more than 20 percent. If the number of living rooms on any story or section thereof above the entrance story exceeds 20, there shall be an additional stair for each 20 rooms or fraction thereof on any such story or section thereof, except that if the number of living rooms on any such story or section does not exceed 30, in lieu of an additional stair 1 stair and every public hall connected therewith may be at least one-half wider than is specified in Sections D703.5, D703.8, and D703.9.

D703.6.3 Change in number of dwelling units with a decrease in living rooms in non-fireproof tenements (MDL 235(3)).

Whenever the total number of rooms, exclusive of bathrooms, water-closet compartments, and cooking spaces less than 80 square feet (7.5 m

2

) in area, in any non-fireproof tenement or section thereof is decreased through the process of an alteration, the number of dwelling units may be altered and the provisions of this section which relate to additional stairs shall not be applicable.

D703.7 Stairs in fireproof tenements (MDL 236).

D703.7.1. Additional stairs in certain large NLs (MDL 236(1)).

Except as in this section otherwise provided, every fireproof NL erected after May 15, 1902, containing more than 36 apartments or suites of rooms above the entrance story shall have an additional stair for every additional 36 apartments or suites or fraction thereof.

D703.7.2. Alternative to first additional stair in certain large NLs (MDL 236(2)).

If a fireproof NL erected after May 15, 1902, containing more than 36 apartments or suites of rooms above the entrance story contains not more than 48 apartments or suites above the entrance story, in lieu of an additional stair the stairs, stair halls and entrance halls throughout the entire tenement may each be at least one-half wider than is specified in Sections D703.5, D703.8, and D703.9.

D703.7.3. Alternative to second additional stair in certain large NLs (MDL 236(3)).

If a fireproof NL erected after May 15, 1902, contains more than 72 apartments or suites but not more than 84 above the entrance story, in lieu of 3 stairs there may be only 2 stairs, provided that 1 of such stairs and the stair and entrance halls connected therewith are at least one-half wider than is specified in Sections D703.5, D703.8, and D703.9.

D703.7.4. Effect of janitor’s dwelling unit (MDL 236(4)).

For the purposes of Section D703.7, a janitor's dwelling unit in a penthouse shall not be construed as an additional dwelling unit.

D703.7.5. Change in number of dwelling units in all fireproof tenements (MDL 236(5)).

The number of dwelling units on any story in any fireproof tenement may be altered, if the number of living rooms on such story is not increased by more than 30 percent. If the number of living rooms on any story or section thereof above the entrance story exceeds 30, there shall be an additional stair for each 30 rooms or fraction thereof on any such story or section thereof, except that if the number of living rooms on any such story or section does not exceed 40, in lieu of an additional stair 1 stair and every public hall connected therewith may be at least one-half wider than is specified in Sections D703.5, D703.8, and D703.9; but in every such tenement erected before May 16, 1913, and altered as herein permitted, the occupants of each additional dwelling unit shall have access to at least 2 independent means of egress, which shall be made to conform to the requirements of Section 703.2 for fireproof tenements erected after May 16, 1913.

D703.7.6 Change in number of dwelling units with a decrease in living rooms (MDL 236(6)).

Whenever the total number of rooms, exclusive of bathrooms, water-closet compartments, and cooking spaces less than 80 square feet (7.5 m

2

) in area, in any fireproof tenement or section thereof is decreased through the process of an alteration, the number of dwelling units may be altered and the provisions of this section which relate to additional stairs shall not be applicable.

D703.8 Stair construction (MDL 237).

D703.8.1 Access from street for NLs (MDL 237(1)).

Every stair in a NL shall be accessible on the entrance story from a street or street court, or from an inner court which connects directly with a street.

D703.8.2 Risers and treads for NLs (MDL 237(2)).

All stairs in NLs shall have risers of 8 inches (203 mm) or less and treads at least 10 inches (254 mm) in clear width and 3 feet (914 mm) in clear length.

D703.8.3 Existing winding stairs (MDL 237(3)).

Winding stairs shall be unlawful except in a tenement provided with a passenger elevator. When winding stairs or radial steps are installed or used, the strings from which the risers radiate shall be curved on a circle of at least 1 foot (305 mm) diameter, the treads shall be at least 4 inches (102 mm) wide at the string, not including the nosing, and the angle formed by the face of each riser and the string shall not diverge more than 40 degrees (0.7 rad) from a line normal to the string at the intersection of such riser. It shall be unlawful to construct new winding stairs.

D703.8.4 Reconstructed stairs (MDL 237(4), 52(2), 52(3), 52(4), 52(5), 52(6)).

Stairs constructed after April 18, 1929, shall comply with the following:

1. The upper surface of every balustrade or railing placed in any stair shall be at least 30 inches (762 mm) and at most 32 inches (812.8 mm) above the front edge of the stair treads, and at any stair landing shall be at least 32 inches (812.8 mm) and at most 36 inches (914 mm) above the level of such landing.

2. The treads and risers of every stair, fire-stair, and fire-tower constructed after April 18, 1929, in any multiple dwelling shall be of uniform height and width in any 1 flight. Each tread, exclusive of nosing, shall be not less than 9.5 inches (241 mm) wide; each riser shall not exceed 7.75 inches (197 mm) in height; and the product of the number of inches in the width of the tread and the number of inches in the height of the riser shall be at least 70 and at most 75.

3. No winding stairs shall be constructed.

4. Except as otherwise provided in Item 5 of this section, every stair constructed after April 18, 1929, leading to a cellar or basement from the first story above shall be entirely enclosed with fireproof walls and be provided with fireproof doors and assemblies at both top and bottom, with the doors self-closing; except that, in a non-fireproof multiple dwelling erected before such date, where such a stair is permitted such enclosing walls may be fire-retarded.

5. When the first floor or a part thereof, in a fireproof multiple dwelling, is used for business purposes, a stair leading to a cellar or basement from such business space shall be enclosed in fireproof walls having a fire-resistive rating of at least 3 hours and be provided with a fireproof door and assembly at the bottom, with the door self-closing. No opening shall be permitted between such business space and the remainder of the dwelling.

D703.9 Stairs and entrance halls (MDL 238).

All stair and entrance halls in tenements shall be constructed as provided in this Sections D703.9.1 through D703.9.4.

D703.9.1 Stair enclosures for all NLs. (MDL 238(1)).

In all NLs:

1.

Doors. On every story there shall be fireproof doors and assemblies with the doors self-closing separating every such stair and entrance hall from all non-fireproof parts of the tenement.

2.

Transoms and windows. There shall be no transom, sash or similar opening of any kind from such stair and entrance halls to any other part of the tenement.

3.

Brick enclosures. If such tenements are non-fireproof, and are occupied by 3 families or more on any story or are 5 stories or more in height, the stair and entrance halls shall be enclosed with brick walls, except as provided in Item 1 of Section D703.9.3.

D703.9.2 Entrance hall construction, rear yard access and stair construction in certain NLs (MDL 238(2)).

In NLs erected after April 14, 1903:

1.

Clear width. Every entrance hall shall have at least 3 feet 6 inches (1067 mm) in clear width from the entrance up to and including the stair enclosure, and beyond that at least 3 feet (914 mm) in clear width. If such entrance hall is the only entrance to 2 stairs or more, that portion of the hall between the entrance and the first stair, including the stair enclosure, shall be at least 5 feet 3 inches (1600 mm) wide.

2.

Construction. Entrance halls shall comply with the requirements of Sections D703.5 through D703.8 as to construction of stair and entrance halls, except that if such tenements are fireproof entrance hall enclosures need only withstand a fire test of 2 and one-half hours and angle iron construction may be substituted for brick walls.

3.

Rear yard access. Access shall be provided from a street to the yard either in a direct line or through a court.

4.

Maximum of 4 stories and 2 families per story. For tenements occupied by not more than 2 families on any story and not more than 4 stories in height, the floors of the stair and entrance halls shall be fireproof or filled in between the floor beams with at least 5 inches (127 mm) of concrete deafening. The stairs shall be fireproof, or may be of wood provided the soffits of the stairs are fire-retarded, or covered with plaster board at least one-half inch (13 mm) thick, with all joints true and well pointed. The stair and entrance halls in such tenements shall be enclosed on all sides with brick walls or with partitions of angle iron and fireproof blocks 4 inches (102 mm) or more in thickness, except as provided in Item 5 of Section D703.9.2.

5.

Maximum of 3 stories and 2 families per story. For tenements occupied by not more than 2 families on any story and not more than 3 stories in height, the stair and entrance halls may be enclosed 1-hour fire barriers, or covered with plaster board at least one-half inch (13 mm) thick, with all joints true and well pointed and with the spaces between the studs filled in with brick to the height of the floor beams.

D703.9.3 Stair, entrance hall, and public hall construction in certain NLs (MDL 238(3)).

In NLs erected after April 18, 1912:

1. If such tenements are occupied by 3 or more families on any story, or are 5 stories or more in height, the stairs and entrance halls shall be fireproof throughout and all stairs provided with handrails, except that stair treads 2 inches (51 mm) or more in thickness and handrails may be of hard wood. All windows in such halls shall be fireproof and, except for windows opening on a street in a tenement 6 stories or less in height, shall be glazed with wire glass, and upon replacement after the effective date of the local law that added this section, by fire rated glazing. Such halls shall be enclosed with brick walls, except that 1 or more sides may be left open to a street, yard or court.

2. Public halls which are more than 40 feet (12 192 mm) in length and are used as a means of egress from 4 or more dwelling units shall be fireproof throughout and doors opening there from and their assemblies shall be fireproof with the doors self-closing.

D703.9.4 Stairs, entrance halls and public halls in OLs (MDL 238(4)).

In OLs 4 stories or more in height:

1. Whenever the entrance halls of any such tenements adjoin, they shall be separated by a 1-hour fire barrier.

2. The walls and ceilings of every entrance hall and stair hall, and every public hall connected therewith, shall be 1-hour fire barriers or horizontal assemblies, and the soffit of every stair shall be fire-retarded. In all such halls all wood wainscoting except a flat base and stair stringers 10 inches (254 mm) or less in height, and all wood railings, balustrades and newel posts shall be removed completely and replaced with metal or other hard incombustible materials of such size and secured in such manner as may be approved by the department, except that handrails may be of hard wood.

3. Every door opening into any entrance hall or stair, or into any public hall connected therewith, shall be self-closing; every glazed opening or glazed panel in such a door shall be glazed with wire glass, and upon replacement after the effective date of the local law that added this section with fire rated glazing, and every transom opening into any public hall shall be glazed with wire glass, and upon replacement after the effective date of the local law that added this section with fire rated glazing, and permanently secured in a closed position.

4. Every interior sash, or opening other than a door, in the walls or partitions of such halls, and every window therein not opening to the outer air, shall be removed and the openings closed up with 1-hour fire barriers.

D703.10 Tower fire escapes and supplemental stairs (MDL 239).

In fireproof tenements tower fire-escapes or stairs which are supplemental to the stairs required by law may be installed providing such tower fire-escapes or stairs shall be shut off from all other parts of the dwelling by brick walls or partitions of terra cotta blocks at least 4 inches (102 mm) thick, or hollow cement blocks at least 4 inches (102 mm) thick which have successfully withstood a 3-hour standard fire test and been approved by the department, and have fireproof doors and assemblies with the doors self-closing at all openings. Whenever such supplementary stairs are provided they shall be constructed in accordance with regulations as may be adopted by the department. Such tower fire-escapes or stairs shall not be used as service stairs and shall be kept adequately lighted at all times and free from encumbrance.

D703.11 First tier of beams (MDL 240).

D703.11.1 All NLs 5 or more stories in height (MDL 240(1)).

In all NLs, which are 5 stories or more in height, the first floor above the lowest cellar, or, if there be no cellar, above the basement or other lowest story, shall be fireproof; and all exposed portions of any iron or steel beams below the floor arches shall be fire-retarded.

D703.11.2 Non-fireproof NLs 4 stories or less in height (MDL 240(2)).

In all non-fireproof NLs which are 4 stories or less in height, the ceiling of the lowest cellar, or, if there be no cellar, of the basement or other lowest story, shall be 1-hour horizontal assemblies.

D703.11.3 All OLs (MDL 240(3)).

In all OLs which are 4 stories or more in height, the ceiling of the cellar, or, if there be no cellar, of the basement or other lowest story, shall be 1-hour horizontal assemblies.

D703.12 Partitions; fire-stopping (MDL 241).

D703.12.1 Partitions in certain NLs (MDL 241(1)).

In NLs erected after April 18, 1912, wood stud dwelling unit partitions which are directly over each other shall run through the wood floor beams and rest upon the plate of the partition below. In fireproof tenements erected after such date all partitions shall rest directly upon the fireproof floor construction and extend to the fireproof beam filling above. Dwelling unit partitions within the meaning of this section are partitions crossing the floor beams at any angle and separating 1 dwelling unit from another or any part of a dwelling unit from any public part of the dwelling.

D703.12.2 Firestopping in certain NLs (MDL 241(2)).

In NLs erected after April 18, 1912, dwelling unit studding shall be filled in solidly between the uprights to the depth of the floor beams with incombustible materials.

D703.12.3 Brick fire stops in all non-fireproof NLs (MDL 241(3)).

In non-fireproof NLs, in every wall where wood furring is used, every course of masonry from the underside to the top of any floor beams shall project a distance of 2 inches (51 mm) or more beyond each face of the wall that is not on the outside of the dwelling, so as to provide an effective fire stop; and whenever floor beams run parallel to a wall and wood furring is used, every such beam shall always be kept 2 inches (51 mm) away from the wall, and the space between the beams and the wall shall be built up solidly with brickwork from the underside to the top of the floor beams so as to form an effective fire stop.

D703.13 Cellar and basement stairs in non-fireproof tenements (MDL 242).

D703.13.1 Non-fireproof NLs (MDL 242(1)).

Cellar stairs in non-fireproof NLs, which are occupied by 3 families or more on any story or which are 5 stories or more in height, shall be governed by the provisions of Section 150 of the MDL for non-fireproof multiple dwellings erected after April 18, 1929. In all other non-fireproof NLs, any stair leading to a cellar may be located inside the building, provided it is enclosed with fireproof walls and is provided with fireproof doors and assemblies at both the top and bottom, with the doors self-closing.

D703.13.2 OLs (MDL 242(2)).

In OLs exceeding a basement and 3 other stories in height and provided with an inside cellar stair communicating between the entrance story and a cellar or lower story, the opening to such stair if located underneath the main stair leading to the upper stories shall be enclosed from the level of the entrance story up to the underside of the first flight of such main stairs. The soffit of such first flight of main stairs and the partitions forming such enclosure shall be fire-retarded or covered with 26 gauge metal. The opening to such enclosure shall be provided with a fireproof door and assembly with the door self-closing.

D703.14 Cellar and basement stairs in certain fireproof NLs (MDL 243).

In fireproof tenements erected after April 18, 1912, the cellar and basement stairs shall be located, arranged and constructed in accordance with Section D703.14.1.

D703.14.1 Stair construction standards (MDL 243, 106).

A cellar or basement stair may be located inside the dwelling, but shall not be located underneath a stair leading to the upper stories unless it is a basement stair leading upward from a basement which is the main entrance story of the dwelling, or unless it is a stair leading downward from the entrance story which is separated by a fireproof arch from the stair leading upward from the entrance story. All inside cellar or basement stairs shall be entirely enclosed with fireproof walls and be provided with fireproof doors and assemblies, with the doors self-closing, at all openings.

D703.15 Spaces under stairs in NLs (MDL 244).

In non-fireproof NLs, no closet of any kind shall be constructed or maintained under any stair leading from the entrance story to the upper stories, and such space shall be kept entirely open and clear of any encumbrance.

D703.16 Cellar entrance (MDL 245).

In tenements erected after April 12, 1901, there shall be an outside entrance to the cellar. Such tenements without cellars shall have an outside entrance to the basement or other lowest story.