N.Y.C. Admin. Code § EBC D704: D704 Single Room occupancy (MDL 7, Title 2-A, Section 248).

D704.1 Single room occupancy (MDL 248(1)).

It shall be unlawful to occupy any frame multiple dwelling for single room occupancy. It shall be unlawful to occupy any other existing Class A dwelling or part thereof as a rooming house or furnished room house or for single room occupancy unless such dwelling or part shall conform to the provisions of this section and to such other provisions of this chapter as were applicable to such dwelling before such conversion. This section shall not be construed to prohibit the letting by a family of 1 or more rooms within their apartment to not more than a total of 2 boarders, roomers, or lodgers provided, however, that every room in such apartment shall have free and unobstructed access to each required exit from such apartment as required by the provisions of Sections D704.4.1 through D704.4.3. A dwelling occupied pursuant to this section shall be deemed a Class A dwelling and dwelling units occupied pursuant to this section shall be occupied for permanent residence purposes, as defined in Section 4(8)(a) of the MDL.

D704.1.1 Creation of or conversion to rooming units.

The creation of or conversion to single room occupancy shall be limited by Section 27-2077 of the New York City Housing Maintenance Code.

D704.2 Stairs (MDL 248(2)).

Any Class A dwelling or part thereof occupied as a rooming house or furnished room house or for single room occupancy pursuant to Section D704 may be so occupied without increasing the number of stairs.

D704.3 Increase in number of rooms and impairment of light and ventilation (MDL 248(3)).

The number of rooms shall not be increased nor shall the light or ventilation of any room be impaired.

D704.4 Egress (MDL 248(4)).

D704.4.1 Free and unobstructed access (MDL 248(4)(a)).

No room in any dwelling unit shall be so occupied unless each room therein shall have free and unobstructed access to each required means of egress from the dwelling without passing through any sleeping room, bathroom, or water-closet compartment.

D704.4.2 Second means of egress (MDL 248(4)(b)).

There shall be access to a second means of egress within the dwelling unit without passing through any public stair or public hall. On and after July 1, 1957, every tenement used or occupied for single room occupancy in whole or in part under the provisions of this section and which does not have at least 2 means of egress accessible to each dwelling unit and extending from the ground story to the roof, shall be provided with at least 2 means of egress, or, in lieu of such egress, every stair hall or public hall, and every hall or passage within a dwelling unit, shall be equipped on each story with 1 or more automatic sprinkler heads approved by the department. Elevator shafts in such tenements shall be completely enclosed with fireproof or other incombustible material and the doors to such shafts shall be fireproof or shall be covered on all sides with incombustible material.

D704.4.3 Access to means of egress (MDL 248(4)(c)).

Where access to a required means of egress is provided through a room, such access to such room shall be through a clear opening at least 30 inches (762 mm) wide extending from floor to ceiling and such opening shall not be equipped with any door or door frame, or with any device by means of which the opening may be closed, concealed, or obstructed.

D704.4.4 Door and door assemblies (MDL 248(4)(d)).

All doors which open to any public hall or required stair hall and the door assemblies shall be fireproof with the doors self-closing.

D704.4.5 Access to means of egress (MDL 248(4)(e)).

All doors opening from any room to any hall or passage within a dwelling unit shall be self-closing and all transoms within a dwelling unit shall be permanently closed. All plain glass shall be removed from such doors and transoms and replaced with wire glass, wood, or other non-shatterable material satisfactory to the department.

D704.4.5.1 Wire glass.

Glazing replaced after the effective date of the local law that added this section shall not be wire glass and shall comply with

Chapter 24

of the

New York City Building Code

.

D704.4.6 Exit signs (MDL 248(4)(f)).

Directly over the opening to every required means of egress within a dwelling unit, there shall be a sign of a type approved by the department marked "Fire Exit" and lighted in red at all times to indicate clearly the location of the means of egress, and on the walls of any hall or passage within the dwelling unit leading to such means of egress there shall be maintained at all times arrows to indicate clearly the direction and location of the fire exit.

D704.4.7 Halls and passages within dwelling units (MDL 248(4)(g)).

Every hall or passage within a dwelling unit shall be unobstructed and well lighted at all times with a minimum of 1 foot-candle of light.

D704.4.8 Wood wainscoting removal (MDL 248(4)(h)).

All wood wainscoting except a flat base not exceeding 10 inches (254 mm) in height shall be removed from every hall or passage within a dwelling unit.

D704.5 Sprinklers in non-fireproof dwellings (MDL 248(5)).

In every such dwelling which is not fireproof, every hall or passage within a dwelling unit shall be equipped with a sprinkler system, which shall be extended so as to have at least 1 sprinkler head in every room. The construction and arrangement of such sprinkler system shall comply with the requirements of the department.

D704.6 Fire alarms (MDL 248(6)).

There shall be provided in each such dwelling an adequate and reliable fire alarm system, approved by the fire commissioner by means of which alarms of fire or other danger may be instantly communicated to every portion of the dwelling. Where, throughout the dwelling, a closed-circuit, automatic thermostatic fire-detecting system is installed which actuates an interior fire alarm system, or where, throughout the dwelling, an approved-type automatic sprinkler system is installed which actuates an interior fire alarm system by the flow of water through such sprinkler system, a watchman need not be provided as required in Section D704.15.

D704.7 Roof bulkhead (MDL 248(7)).

There shall be a fire-retarded bulkhead in the roof connecting directly with the highest portion of any stairway to the roof, which bulkhead shall contain a fireproof door and assembly with the door self-closing. The stairs leading to such bulkhead shall be fireproof or fire-retarded as required for public stairways in the other parts of such dwelling.

D704.8 Sanitary facilities (MDL 248(8)).

D704.8.1 Water supply (MDL 248(8)(a)).

Every wash basin, bath, shower, sink, and laundry tub shall be provided with an adequate supply of hot and cold water.

D704.8.2 Laundry facilities (MDL 248(8)(b)).

When the number of occupants of such a dwelling is 11 or more, there shall be provided for them in such dwelling at least 1 laundry tub and facilities for drying clothes.

D704.9 Cooking facilities (MDL 248(9)).

Cooking shall be permitted only in kitchens and cooking spaces complying with the provisions of Section 33 of the MDL. Any gas fixture in such spaces shall be connected with permanent, rigid piping. The use of any movable cooking apparatus in any sleeping room is unlawful.

D704.10 Heating systems (MDL 248(10)).

D704.10.1 Central heating (MDL 248(10)(a)).

There shall be a central heating system adequate to heat every sleeping room in a dwelling to the temperature requirements prescribed by the New York City Housing Maintenance Code.

D704.10.2 Prohibited appliances (MDL 248(10)(b)).

The use of any movable heating apparatus in any sleeping room is unlawful.

D704.10.3 Boiler room (MDL 248(10)(c)).

Every boiler room shall be constructed in accordance with the provisions of Section 65 of the MDL and shall be adequately ventilated.

D704.11 Light and ventilation (MDL 248(11)).

D704.11.1 Minimum area of windows (MDL 248(11)(a)).

No room may be occupied for sleeping purposes unless it has a window or windows with an aggregate glazed area of at least 10 percent of the total floor area of such room. Each such window shall be at least 12 feet (4 m) in area and so constructed that at least half of its area may be opened.

D704.11.2 Operable skylights (MDL 248(11)(b)).

Any room on a top story may be lighted and ventilated by a skylight of the same area as required for windows and arranged to provide an opening of at least 6 square feet (0.5 m

2

) for ventilation.

D704.11.3 Open spaces upon which windows open (MDL 248(11)(c)).

In every sleeping room, except a room on the top story so lighted and ventilated, there shall be at least 1 window meeting the requirements of Section 213 of the MDL, except as otherwise specified in this subdivision, opening upon a street or upon a yard, court or shaft meeting the requirements of Section 212 of the MDL, but in no case shall such a court or shaft be less than 28 inches (711 mm) in width.

D704.11.4 Electrical illumination (MDL 248(11)(d)).

Every room shall be adequately lighted by electricity. The use of gas or any other type of open flame lighting is unlawful.

D704.12 Maximum occupancy (MDL 248(12)).

No room may be occupied for sleeping purposes by more than 2 adults considering children of 12 years or more as adults and 2 children between the ages of 2 and 11 years inclusive as the equivalent of 1 adult. Children under 2 years of age need not be considered as occupants.

D704.13 Operational requirements.

For operational requirements such as housekeeping, cleaning, live-in manager, and occupant register, see Sections 248(13), 248(14), 248(15), and 248(17) of the MDL.

D704.14 Intentionally omitted.

D704.15 Competent watchman (MDL 248(15)).

Except as provided in Section D704.6, there shall be on the premises at all times a competent watchman in charge of the dwelling.

D704.16 Intentionally omitted.

D704.17 Intentionally omitted.