{"data":{"id":"us-nyc/n.y.c.-admin.-code-ebc-d306","jurisdiction":"us-nyc","citation":"N.Y.C. Admin. Code § EBC D306","heading":"D306 Fire protection and safety (MDL 3, Title 2).","body":"D306.1 Elevators (MDL 51(6)).\n\nNotwithstanding the provisions of Section 3002.4 of the New York City Building Code, the installation of new elevators shall not be required where all of the following conditions apply:\n\n1. The building was constructed prior to December 6, 1968;\n\n2. The building does not have an elevator on the date of the application;\n\n3. The building is or is being converted to a Class A multiple dwelling; and\n\n4. The building will be 6 stories or less in height upon completion of the alteration.\n\nExceptions:\n\n1. Where a new elevator is required to provide accessibility pursuant to this code and Chapter 11 of the New York City Building Code.\n\n2. Where the alteration results in an increase in the floor surface area by more than 110% in accordance with Section 302.7.\n\n3. Where a damaged dwelling is required to be repaired or rebuilt in accordance with Section D304.1.\n\nD306.1.1 Penthouses.\n\nPenthouse structures located upon the roof of a sixth story and which form the upper level of multistory dwelling units shall not be deemed a story for the purposes of applying Item 4 of Section D306.1, provided that the building is deemed to be 6 stories or less pursuant Section 504.3 of the New York City Building Code.\n\nD306.1.2 New conversions and changes of class or kind (MDL 9(2), 9(3)).\n\nNew conversions to a multiple dwelling subject to Section D302 and dwellings of 1 class or kind altered or converted to another class or kind subject to Section D303 shall be provided with an elevator unless exempted by Section D306.1 for buildings erected prior to December 6, 1968, or Section 3002.4 of the New York City Building Code for buildings erected on or after such date.\n\nD306.2 Interior cellar and basement stairs (MDL 52(5)(a)).\n\nFor a multiple dwelling erected prior to December 6, 1968, any stair communicating between the cellar and the story above, or the basement and the story above if there be no cellar, shall be enclosed at top and bottom with at least 2-hour fire-resistive rated construction and assemblies.\n\nExceptions:\n\n1. Non-fireproof buildings classified as HAEA (1929-1968) and HAEB (1929-1968) shall comply with the provisions of Sections D503 and D306.2 shall not apply.\n\n2. Buildings classified as OL or NL shall comply with the provisions of Sections D703.13 and D703.14 and the provisions of D306.2 shall not apply.\n\n3. No enclosures shall be required for stairs or vertical openings from such cellar or basement, other than exit enclosures, provided all of the following conditions are met:\n\n3.1. such resulting fire area is separated from every other stair accessing upper stories by fire barriers and horizontal assemblies having at least a 2-hour fire-resistive rating;\n\n3.2. a full system of automatic sprinklers is installed throughout the building with a water-flow alarm connected to a central supervising station;\n\n3.3. hard-wired smoke and carbon monoxide alarms or detectors are installed throughout the building as required for new construction in accordance with Chapter 9 of the New York City Building Code; and\n\n3.4. the building’s height and area comply with the height and area limitations of Chapter 5 of the New York City Building Code based on the type of construction.\n\nD306.3 Fire escapes (MDL 53).\n\nFor buildings erected prior to December 6, 1968, fire escapes shall be permitted as a second means of egress for Class A multiple dwellings that are not more than 6 stories and 75 feet (22 860 mm) in height. Every such fire escape erected after the effective date of the local law that added this section, shall be located, arranged, constructed, and maintained in accordance with Section D306.3 and rules of the department. Existing fire escapes shall be permitted to remain except as provided for in rules of the department.\n\nException: Penthouse structures located upon the roof of a sixth story and which form the upper level of multi-story dwelling units shall not be deemed a story for the purposes of applying Section D306.3, provided that the building is deemed to be 6 stories or less pursuant to Section 504.3 of the New York City Building Code.\n\nD306.3.1 Access from dwelling unit (MDL 53(1)).\n\nAccess to a fire-escape shall be from a living room or private hall in each apartment or suite of rooms at each story above the entrance story, and such access shall not include any window of a stairhall.\n\nD306.3.1.1 Passage through public hall prohibited (MDL 53(1)(a)).\n\nSuch room or private hall shall be an integral part of such apartment or suite of rooms and accessible to every room thereof without passing through a public hall.\n\nD306.3.1.2 Boarders or lodgers (MDL 53(1)(b)).\n\nWhen 1 or more living rooms of any apartment or suite of rooms are rented to boarders or lodgers, every such room shall be directly accessible to a fire-escape without passing through a public hall, and for separately occupied living rooms access to fire-escapes shall be direct from such rooms without passing through a public hall or any other separately occupied room.\n\nD306.3.1.3 Obstructions (MDL 53(1)(c)).\n\nAccess to any fire-escape shall not be obstructed by sinks or kitchen fixtures or in any other way. Iron bars, grilles, gates, or other obstructing devices on any window giving access to fire-escapes or to a required secondary means of egress shall be unlawful unless such devices are of a type approved by the fire commissioner, or as previously approved and prescribed by the board of standards and appeals.\n\nD306.3.1.4 Minimum opening dimensions (MDL 53(1)(d)).\n\nEvery such fire-escape shall be accessible to 1 or more exterior doors or windows opening from the room, apartment, suite of rooms, or other space which it serves as means of egress, and such window or door shall be 24 inches (610 mm) or more in clear width and 30 inches (762 mm) or more in clear height. The sill of any such window shall be within 36 inches (914 mm) of the floor.\n\nD306.3.2 Location (MDL 53(2)).\n\nA required fire-escape may be erected in any of the following places:\n\n1. On a wall facing a street or yard;\n\n2. In a court of a non-fireproof multiple dwelling to serve an apartment or suite of rooms which does not contain any room fronting upon a street or yard, or in any inner court 35 feet (10 668 mm) or more in its least horizontal dimension, provided the fire-escape does not project more than 48 inches (1219 mm) from the wall of the dwelling and is directly connected at the bottom of such court with a fireproof passageway at least 36 inches (914 mm) wide and 7 feet (2134 mm) high leading directly to a street unless the court itself leads to a street;\n\n3. In any outer court 18 feet (5486 mm) or more in width and 30 feet (9144 mm) or less in length;\n\n4. In any outer court more than 18 feet (5486 mm) in width the length of which does not exceed its width by more than 70 percent;\n\n5. In any outer court 10 feet (3048 mm) or more in width at every point and situated on a lot line;\n\n6. In any outer court 7 feet (2137 mm) or more in width at every point which is situated on a lot line and extends from a street to a yard;\n\n7. In a recess on the front wall of a multiple dwelling, provided the recess does not exceed 5 feet (1524 mm) in depth, is used solely for fire-escape purposes, and has 75 percent or more of its area open to the street, and is otherwise unenclosed and open at the top. No such recess shall be counted as a part of the unoccupied area of the premises or be construed as a court unless its entire area is open to the street.\n\nD306.3.3 Projection (MDL 53(3)).\n\nNo fire-escape may project more than 4 and one-half feet (1372 mm) into a public highway from the lot line of the multiple dwelling it serves. Every part of such fire-escape shall be at least 10 feet (3048 mm) above any sidewalk directly below.\n\nD306.3.4 Construction (MDL 53(4)).\n\nFire escapes shall be constructed in accordance with the following:\n\n1. Every fire-escape shall be constructed of open balconies and stairways of iron or stone capable of sustaining a load of at least 80 pounds per square foot (391 kg/m\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t2\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t). The use or reuse of old materials or cast iron in the construction of fire-escapes shall be unlawful.\n\n2. Balconies for fire-escapes shall be 36 inches (914 mm) or more in clear width.\n\n3. Every stairway shall be placed at an angle of 60 degrees (1 rad) or less with flat open steps at least 6 inches (152 mm) in width and 20 inches (508 mm) in length and with a maximum rise of 9 inches (229 mm).\n\n4. The opening in any balcony for such a stairway shall be at least 21 inches (533 mm) by 28 inches (711 mm).\n\nD306.3.5 Drop ladders (MDL 53(5)).\n\nDrop ladders shall be constructed in accordance with the following:\n\n1. There shall be provided from the lowest balcony a drop ladder 15 inches (381 mm) in width and of sufficient length to reach to a safe landing place beneath. Such ladder shall be constructed, located, and arranged so as to be held in proper position at all times and, unless properly counter-balanced, shall be placed in guides so that it can be easily lowered.\n\n2. The distance from the lowest balcony to the ground or safe landing place beneath shall be not more than 16 feet (4877 mm), except that the department may permit such lowest balcony to be up to 18 feet (5486 mm) above a public sidewalk because of structural conditions in any multiple dwelling erected before April 18, 1929.\n\n3. No drop ladder shall be required where the distance from the lowest balcony to a safe landing place beneath is 5 feet (1524 mm) or less.\n\nD306.3.6 Roof access (MDL 53(6)).\n\nThe balcony on the top story shall be provided with a stairway or a gooseneck ladder from such balcony to and above the roof and securely fastened thereto.\n\nExceptions: no such stairway or ladder shall be required:\n\n1. On multiple dwellings 2 stories or less in height erected after April 18, 1929.\n\n2. Wherever there is a peak roof with a pitch in excess of twenty degrees.\n\n3. When the fire-escape is on the front of the dwelling, in a recess on the front of the dwelling, or on an outer court opening to a street.\n\nD306.3.7 Painting (MDL 53(7)).\n\nEvery fire-escape if constructed of material subject to rusting shall be painted with 2 or more coats of paint in contrasting colors; in the case of a new fire-escape the first coat before erection, and the second coat after erection. Whenever a fire-escape becomes rusty, the owner shall repaint it with 2 additional coats of good paint.\n\nD306.3.8 Commissioners order (MDL 53(8)(a)).\n\nWhenever a non-fireproof multiple dwelling is not provided with sufficient means of egress in case of fire, the commissioner may order such additional fire-escapes or balconies as in such commissioner’s judgment may be deemed necessary.\n\nD306.3.9 Good order and repair (MDL 53(8)(b)).\n\nThe owner of a multiple dwelling shall keep and maintain every fire-escape thereon in good order and repair.\n\nD306.3.10 Encumbrances (MDL 53(8)(c)).\n\nNo person shall at any time place any encumbrance of any kind before or upon any fire-escape, or place or keep a cover of any kind over the stairway opening in a balcony of such fire-escape. The fire department shall enforce the New York City Fire Code with respect to unlawful encumbrances or covers on fire escapes.\n\nD306.3.11 Removals (MDL 53(9)).\n\nNo fire-escape shall be removed from or constructed on any existing multiple dwelling without permission from the department. No fire-escape shall be removed from any apartment or suite of rooms without due precaution against leaving occupants of such apartment or suite of rooms without adequate means of egress in case of fire. A wire, chain cable, vertical ladder, or rope fire-escape is an unlawful means of egress. Every such fire-escape, if required as a means of egress, shall be removed and replaced by a system of fire-escapes constructed and arranged as provided in this section.\n\nD306.3.12 Access to street.\n\nEvery required second means of egress from an apartment or suite of rooms, including by means of a fire-escape, into a rear yard or a court shall be provided with an approved path of egress to the street, by means of an open court or open yard that extends to the street, or by means of a fireproof passageway. Any such passageways shall be not less than 7 feet (2134 mm) in height and not less than 3 feet (914 mm) in width and shall at all times be kept clear and unobstructed. Doors and gates at the end of such passageways are prohibited, except that a door or gate equipped with an approved-type knob or panic bolt which shall be readily openable from the inside will be permitted at the building line. Doors and gates provided with keylocks or padlocks are prohibited.\n\nException for converted dwellings and OLs. For converted dwellings and OLs, access to the street is not required if either of the following conditions is met:\n\n1. The rear yard of the building is 30 feet (9144 mm) or more in depth and the required second means of egress from an apartment or suite of rooms terminates in such rear yard or in a court that extends to such rear yard; or\n\n2. The rear yard of the building is less than 30 feet (9144 mm) in depth, but the required second means of egress from an apartment or suite of rooms terminates in such rear yard or in a court that extends to such rear yard, and from there to the rear yard of an adjoining premises. Such egress to the rear yard of an adjoining premises shall be permitted to be through a door or gate in a lot-line fence, provided, however, that such door or gate provides adequate egress and is not locked or secured in any manner except by a readily accessible, easy to open hook or bolt.\n\n2.1. An owner of a converted dwelling or old law tenement requiring the egress shall not be deemed in violation of Item 2 of this exception so long as egress to an adjoining premise’s rear yard exists and is unobstructed.\n\n2.2. If the actions of the owner of the adjoining premises results in the obstruction of any such egress, including by the construction of a rear yard enlargement removing the adjoining rear yard, the owner of the converted dwelling or old law tenement requiring the egress shall be in violation of Item 2 of this exception.\n\n2.3. The adjoining premises’ rear yard can change over time from 1 adjoining premises to another adjoining premises, and no egress easement permanently establishing any particular egress arrangement between adjoining owners shall be required by the department, until such time as an alteration is proposed that would increase the number of dwelling units or create new dwelling units that would rely on egress to the rear yard of an adjoining premises.\n\nD306.3.12.1 Rear yard enlargements.\n\nNo rear yard serving as a means of egress pursuant to Section D306.3.12 shall be obstructed with an enlargement unless an egress path is provided to the street.\n\nException. For converted dwellings and OLs, such egress path shall be permitted to extend to the rear yard of an adjoining premises.\n\nD306.3.13 Rules (MDL 53(10)).\n\nThe department shall have the power to make supplementary rules relating to fire-escapes.\n\nD306.4 Existing cellar entrances (MDL 54, 192 and 245).\n\nAn existing direct entrance to the cellar, or to the lowest story if there be no cellar, from the outside of the multiple dwelling shall not be obstructed or diminished in any way which would result in noncompliance with Sections 54, 192, or 245 of the MDL or sections of the prior Tenement House Law.\n\nD306.5 Frame buildings and extensions (MDL 56).\n\nThe following limitations shall apply to frame buildings:\n\n1. No frame multiple dwelling shall be erected and no frame dwelling not used as a multiple dwelling on April 18, 1929, shall be altered or converted to such use or occupancy.\n\n2. No existing frame multiple dwelling shall be increased in height nor shall it be altered to permit a greater occupancy on any story than provided for on April 18, 1929.\n\n3. No frame building of any kind whatsoever shall be placed or built upon the same tax lot with any multiple dwelling.\n\n4. No multiple dwelling shall be placed or built upon the same tax lot with any frame building.\n\n5. No frame multiple dwelling, no wooden structure of any kind or class on the same tax lot with any frame dwelling or with any multiple dwelling, and no other building on the same tax lot with any frame dwelling, shall be altered or converted so as to be enlarged, extended, or increased in height or bulk or in the number of rooms, apartments, or dwelling units therein; except that an extension constructed with fireproof walls may be made to a frame building if the first story of such extension is used solely for business not prohibited by any local law or ordinance, or if such extension contains not more than 1 living room on any story.\n\n6. No frame building shall be converted to a multiple dwelling pursuant to Section D302 and no frame dwelling of 1 class or kind shall be converted to another class or kind pursuant to Section D303.\n\nException (MDL 56(7)). For any frame dwelling 3 stories or less in height, notwithstanding the provisions of Section D306.5, the conversion of that portion of said dwelling used as a store or other non-residential shall be permitted to be converted to no more than 1 additional apartment; provided, however, that all of the following provisions are met:\n\n1. such space has been vacant for at least 1 year;\n\n2. such space has a minimum of 300 square feet (27.9 m\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t2\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t) of floor area;\n\n3. the conversion must be for a class \"A\" use;\n\n4. said unit shall contain a cooking space and a complete bathroom;\n\n5. all walls and ceilings of the new dwelling unit shall be separated from other dwelling units and from public halls, public vestibules, public rooms or other public parts of a dwelling by a minimum of 1-hour fire barriers and horizontal assemblies; and\n\n6. the height and bulk of the dwelling shall not be increased except as provided for in this Section.\n\nD306.6 Business use.\n\nBusiness uses in any multiple dwelling shall comply with Sections D306.6.1 through D306.6.4.\n\nD306.6.1 Walls and ceilings (MDL 61(5)).\n\nWhere business is conducted in any non-fireproof multiple dwelling, the department may require the walls and ceilings of any such business space to 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, when the department shall deem such requirement necessary for the protection of the occupants.\n\nD306.6.2 Roofs of extensions for business use (MDL 61(6)).\n\nIf the ground story of any non-fireproof multiple dwelling is extended for business purposes after April 18, 1929, the underside of the ceiling-roof assembly shall have a minimum of a 1-hour fire-resistive rating. If there are fire-escapes above such extension, its roof shall be fireproof construction.\n\nD306.6.3 Mixed occupancies.\n\nIn accordance with the New York City Building Code, egress shall be permitted to be shared by dwelling units and non-residential occupancies, provided that associated egress elements meet the more stringent requirements applicable to both occupancies.\n\nD306.6.4 Bakeries and fat boiling (MDL 59).\n\nThe provisions of this section shall apply where a bakery or business place where fat is boiled is located on a tax lot containing a multiple dwelling.\n\nD306.6.4.1 Fire rated separations (MDL 59(1)).\n\nIt shall be unlawful to construct or maintain a bakery or a place of business where fat is boiled in any non-fireproof multiple dwelling or upon the lot on which such dwelling is situated, unless the ceiling, side walls, and all exposed iron or wooden beams, girders, and columns within the said bakery or business place where fat is boiled, are protected with fireproof assemblies.\n\nD306.6.4.2 Openings (MDL 59(2)(a), (b)).\n\nThere shall be no door, window, dumbwaiter shaft, or other opening between such a bakery or business place where fat is boiled and any other part of the dwelling.\n\nExceptions:\n\n1. There may be access to the public parts of the dwelling from any bakery maintained therein if the product of such bakery is consumed exclusively within such dwelling.\n\n2. In a fireproof hotel where a retail bakery is maintained therein, there may be access to the public parts of the hotel, provided the door openings leading thereto from such bakery and the door assemblies are be protected in accordance with Section 716 of the New York City Building Code, and provided the public parts of such bakery premises are protected by sprinklers in accordance with Section 903 of the New York City Building Code.\n\nD306.6.4.3 Dumbwaiters (MDL 59(2)(c)).\n\nIn bakeries in which no fat is boiled and on the premises of which there is no apparatus for fat boiling, a dumbwaiter communicating between the place where the baking is done and a bakery store above may be maintained if entirely enclosed in a brick shaft with walls 8 inches (457 mm) or more in thickness, without any openings whatever except 1 door opening into the bakeshop and 1 into the bakery store. Every such opening shall be provided with a door protected in accordance with Section 716 of the New York City Building Code, so arranged that when 1 door is open, the other is entirely closed.\n\nD306.7 Parapets, guard railings, and wires (MDL 62).\n\nParapets, guard railings, and wires shall comply with Sections 306.7.1 and 306.7.2.\n\nD306.7.1 Parapets and guard railings (MDL 62(1)).\n\nGuards shall not be reduced to less than required by Section 1510.8 of the New York City Building Code. New conversions to a multiple dwelling subject to Section D302 and dwellings of 1 class or kind altered or converted to another class or kind subject to Section D303 shall comply Section 1510.8 of the New York City Building Code as if newly constructed.\n\nD306.7.2 Wires attached to vent lines or fire escapes (MDL 62(2)).\n\nNo radio or television antennae and no other wires or conduits shall be attached to any soil or vent line extending above the roof nor to any fire escape.\n\nD306.8 Boiler rooms (MDL 65).\n\nBoiler rooms shall be enclosed with noncombustible material in accordance with Table 509 of the New York City Building Code, but in no case shall such enclosure have less than 2-hour fire-resistance rating. No alterations shall result in having to pass through any boiler room in order to access the remainder of the cellar or lowest story in which the boiler is located, and no alteration shall result in the installation of a cellar or basement stair or shaft within a boiler room.\n\nD306.9 Access to the rear yard of multiple dwellings (MDL 26(5)(f), 63(2)).\n\nExisting access passageways between the street and the rear yard of a multiple dwelling shall be maintained and shall not be obstructed or diminished in any way that would result in noncompliance with MDL 26(5)(f) or MDL 63(2). New conversions to a multiple dwelling subject to Section D302 and dwellings of 1 class or kind altered or converted to another class or kind subject to Section D303 shall comply with MDL 26(5)(f) and MDL 63(2).\n\nD306.10 Extension roofs.\n\nWhere the roof of an extension is proposed to be used as a means of egress from a fire-escape, or where a fire-escape balcony is to be located directly above said roof, such roof shall be of fireproof construction.\n\nD306.11 Fire divisions (C26-254.0, C26-631.0, C26-632.0).\n\nFor non-fireproof multiple dwellings erected prior to December 6, 1968, the maximum area between fire walls shall be 3,000 square feet (278.5 m\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t2\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t), measured including exterior wall thicknesses. Such fire walls shall be noncombustible affording a 4-hour fire-resistive rating and shall be continuous from the foundation to the roof. Alterations shall not reduce the degree of noncompliance with these requirements.\n\nException: Buildings that are fully sprinklered and that comply with the height and area limitations of Chapter 5 of the New York City Building Code.\n\nD306.12 Bearing of joists (C26-528.0).\n\nFor non-fireproof multiple dwellings erected prior to December 6, 1968, the ends of floor and roof joists and beams shall be supported in accordance with the requirements of Section 803.11.\n\nD306.13 Fire barriers, horizontal assemblies and fire-retarding (MDL 152(2), 152(3), 152(7)).\n\nFire barriers or horizontal assemblies in accordance with Chapter 7 of the New York City Building Code shall be provided where alterations or replacements are performed to existing wall assemblies or floor-ceiling assemblies that:\n\n1. Separate dwelling units from each other;\n\n2. Separate dwelling units from public halls, public vestibules, public rooms, or other public parts of a dwelling;\n\n3. Are required to be fire-retarded pursuant to the provisions of this appendix or Appendix E;\n\n4. Comprise structural flooring systems including floor-ceiling assemblies between stories of the same multi-story dwelling unit; or\n\n5. Are required under any applicable provision of law to have a fire-resistive rating.\n\nD306.13.1 Rating.\n\nSuch fire barriers or horizontal assemblies shall be rated for the number of hours specified in accordance with this code, including this appendix. Where such applicable code requires fire-retarded walls or horizontal assemblies, the altered fire- retarded walls or horizontal assemblies shall be constructed as fire barriers or horizontal assemblies with a fire-resistance rating of not less than 1 hour.\n\nD306.13.2 Access.\n\nWhere the required rating of an altered wall assembly cannot be provided with the required rating because only 1 side of the wall assembly is within the tenant space, such that the other side cannot be upgraded to comply or cannot be ascertained if it does comply, the side of the altered wall assembly within the tenant space shall be provided with 2 layers of five-eighth-inch (16 mm) fire rated wall boards applied directly against the studs, with mineral rock wool filling placed between the studs, and shall be extended in accordance with Section D306.13.3.\n\nD306.13.3 Continuity.\n\nSuch altered wall assemblies shall be extended from the top of the floor/ceiling assembly below to the underside of the floor or roof sheathing, slab, or deck above, and shall be securely attached thereto. Such fire barriers shall be continuous through concealed spaces, such as the space above a suspended ceiling.\n\nD306.14 Conversions and changes of class or kind (MDL 9(2), 9(3)).\n\nConversions to a multiple dwelling subject to Section D302 and dwellings of 1 class or kind altered or converted to another class or kind subject to Section D303 shall comply with the following:\n\n1. The entire building shall comply with the height and area limits of Chapter 5 of the New York City Building Code.\n\n2. The entire building shall be provided with fire protection systems in accordance with Chapter 9 of the New York City Building Code.\n\n3. All dwelling units shall be provided with access to at least 2 means of egress. For buildings under 75 feet (22 860 mm) or 6 stories in height and constructed prior to December 6, 1968, 1 of such means of egress shall be permitted to be a fire escape in accordance with Section D306.3.\n\n4. Fire escapes terminating at yards or courts shall have provide direct access to the street by a court or yard or a fire passage in accordance with the provisions of Section D306.3.12.\n\n5. Existing windows opening onto lot-line air shafts shall be protected in the manner described in Section 803.8 of this code.","path":["New York City Administrative Code","Title 28","Chapter 12: The New York City Existing Building Code (effective July 17, 2027)"],"source_url":"https://files.amlegal.com/pdffiles/NewYorkCity/Admin/XML.zip","current_through":"Local Law 2026/135 (enacted August 31, 2026)","vintage":"","retrieved_at":"2026-09-06T02:48:57Z","sha256":"284eb49efe37924258fd6b83226506f205633b94b91402953a16a49a89d73ea7","source_id":"us-nyc","stale":false,"prev":"us-nyc/n.y.c.-admin.-code-ebc-d305","next":"us-nyc/n.y.c.-admin.-code-ebc-d307"},"notice":"GroundRules: Original legal text. Not legal advice."}
