NEW YORK STATE MULTIPLE DWELLING LAW, TITLE 2, SECTIONS 60-68

Sec. 60. Motor vehicle storage.

A space may be provided and maintained in any multiple dwelling or upon the premises thereof, or a structure may be erected and maintained at the rear or side thereof, for the storage of passenger motor vehicles but only with a written permit therefor when required by local law and in accordance with every applicable local law, ordinance, resolution, code provision or regulation and with the following provisions:

1. a. It shall be unlawful to sell, store, handle or furnish gasoline, oil or other fuel, or any article, accessory or service except storage, or to construct or maintain repair or grease pits in any such space or structure. The provisions of this section shall not prevent the keeping of such gasoline, oil or other fuel as may be contained in the tank of any such motor vehicle, and the cleaning or washing of such motor vehicles.

b. Such space or structure shall be used solely for the storage of passenger motor vehicles of the occupants of the multiple dwelling or of multiple dwellings under common ownership, except that, in the event such space or structure or part thereof is not used by such occupants, it may be rented by the owner or owners of such dwelling or dwellings to persons other than the occupants thereof. The space which has thus been rented shall be made available to an occupant within thirty days after written request therefor. Except as otherwise provided in paragraph d herein transient parking for any period of less than one month by non-occupants is unlawful. However, such space may be used also for the storage of any type of mechanical or motor-driven equipment or other accessory device or passenger bus required for the proper maintenance of the site and of the dwellings thereon.

c. If any of the provisions contained in paragraphs a and b of this subdivision is violated, the department charged with the enforcement of this chapter or the fire department shall order and direct that no motor vehicle may be stored or kept in such space or structure thereafter for such period as either department shall determine, and thereupon the permit shall be suspended and no motor vehicle shall be stored or kept in such space or structure for such period.

d. A city may, by local law or ordinance, or the duly constituted planning or appeal board or commission of a city may by granting an approval, exception or variance, authorize transient parking for any period of less than one month of motor vehicles in dwellings by non-occupants in any space that is not let to an occupant pursuant to the other provisions of this section. Such city may require a license and impose a fee therefor, and adopt supplementary rules, regulations and conditions under which such parking shall be permitted.

2. a. Every such space or structure shall be designed and constructed to accommodate not more than two passenger motor vehicles for each family in such multiple dwelling.

b. Such space or structure shall have a floor area within its enclosing walls not greater than three hundred square feet per vehicle for each such family, including car parking spaces and aisles.

c. Every such storage space or structure shall be fireproof throughout, except that any extension of such storage space or structure beyond the exterior walls of a fireproof dwelling not exceeding one story in height and any separate structure on the same lot as a fireproof dwelling may be of uncombustible material with a fire-resistive rating of at least two hours, if such extension or separate structure complies with the provisions of paragraph e of this subdivision.

d. When constructed within a multiple dwelling such storage space shall be equipped with a sprinkler system and also with a system of mechanical ventilation in no way connected with any other ventilating system. Such storage space shall have no opening into any other part of the dwelling except through a fireproof vestibule. Any such vestibule shall have a minimum superficial floor area of fifty square feet and its maximum area shall not exceed seventy-five square feet. It shall be enclosed with incombustible partitions having a fire-resistive rating of three hours. The floor and ceiling of such vestibule shall also be of incombustible material having a fire-resistive rating of at least three hours. There shall be two doors to provide access from the dwelling to the car storage space. Each such door shall have a fire-resistive rating of one and one-half hours and shall be provided with a device to prevent the opening of one door until the other door is entirely closed. One of these doors shall swing into the vestibule from the dwelling and the other shall swing from the vestibule into the car storage space. The door from the vestibule to the dwelling shall be at least twenty feet distant in a non-fireproof dwelling or twelve feet in a fireproof dwelling from any stair enclosure, elevator shaft, or any opening to any other vertical shaft. Such vestibule shall also be equipped with sprinklers and with an exhaust duct having a minimum cross-sectional area of one hundred forty-four square inches and shall not be connected with any other ventilating system.

e. Such storage space may be extended beyond the exterior walls of a fireproof dwelling without any separating walls between its interior and exterior portion provided that such extension is roofed over and equipped with sprinklers throughout. Such extension shall be open to the outer air on at least two sides and in no event shall more than fifty percent of its vertical surface area be enclosed in any manner. Any such extension shall not be deemed to be a storage space within a multiple dwelling. Any enclosed sub-surface space beneath such an extension shall however, comply with all the provisions of this section applicable to storage space within a multiple dwelling. Any portion of such extension of storage space or of a separate structure for such storage purposes appurtenant to a multiple dwelling which face any dwelling within a distance of twenty feet therefrom or which is within thirty feet of any living room window of any dwelling shall be unpierced except for door openings for vehicles. A separate structure for such storage purposes appurtenant to a multiple dwelling may adjoin such dwelling provided that the part of the wall separating such space from the dwelling is fireproof and unpierced, except by a fireproof vestibule as provided in subdivision d. Such extension or separate structure shall be adequately screened at grade level. That part of the roof of an extension within thirty feet of any living room window of any dwelling shall not be used for parking or storage of motor vehicles or the ingress thereto or egress therefrom by motor vehicles.

f. Any such structure one story in height or any extension of a storage space within a multiple dwelling beyond the exterior wall of such dwelling where such extension is one story in height, shall not be deemed an encroachment upon a yard or its equivalent or a court. Any such structure or extension in excess of such height shall be deemed an encroachment thereupon.

g. In a completely enclosed storage structure or a storage space within a multiple dwelling except for vehicle entrance doors, all doors, windows and their assemblies in the exterior walls of any such space or structure accommodating more than five motor vehicles shall be fireproof and such windows shall be either fixed windows or automatic fire windows and glazed with wire glass. Any door or vehicle entrance to such space or structure accommodating more than five motor vehicles shall be at least twenty feet distant from any door giving access to any required entrance hall from outside of the dwelling and shall be at least eight feet distant from any other entrance or exit of such dwelling. However, in such space the windows in an exterior wall which faces the street may be of incombustible material and be glazed with plain glass, provided that such windows are thirty feet or more, measured in a horizontal direction, from any opening in the exterior wall of the dwelling.

h. Notwithstanding any other provision of this section when such storage space or structure is designed and constructed within or appurtenant to a converted dwelling to accommodate not more than three motor vehicles, (1) the ceiling and the enclosing walls may be of materials having a fire-resistive rating of not less than one hour and the floors shall be fireproof;

(2) only one opening shall be permitted in the enclosure partition between the garage and the dwelling and such opening shall be protected by a fireproof door and assembly with the door self-closing;

(3) a sprinkler system for such space shall not be required; and

(4) in lieu of mechanical ventilation, such space may have fixed ventilation of not less than one hundred and forty-four square inches for each motor vehicle.

3. The agency of a city authorized by law to make rules supplemental to laws regulating construction, maintenance, use and area of buildings and to grant variances of the zoning resolution shall have the power to make rules to supplement the requirements of this section and, after public hearing, may grant variances of local laws, resolutions, code provisions or regulations which are more restrictive than the provisions of this section, subject to such conditions as, in the opinion of such agency, will best promote health, safety and welfare and carry out the permissive intent of this section. All owners of property within a radius of one hundred fifty feet of the entrance or entrance passage to such space or structure shall be duly notified of any such public hearing and shall be given due opportunity to be heard thereon. Nothing in this section shall be deemed to prohibit the use of a part of such lot or plot as a parking area for the exclusive use of the occupants of such dwelling.

4. No parking area or space to be used for the storage of motor vehicles upon the premises of a multiple dwelling shall encroach upon any part of the lot or plot which is required by any provision of this chapter to be left open and unoccupied.

5. None of the provisions of this section shall be construed as permitting such space or structure or part thereof to be rented or leased for the storage or warehousing of passenger or commercial type of motor vehicles, which are part of stock of any person, firm or corporation engaged in the purchase, sale or rental of such motor vehicles.

Sec. 61. Business uses.

1. Except as may be otherwise provided by any local law, ordinance, rule or regulation, business may be conducted in any multiple dwelling including:

a. Baking and fat-boiling as provided in section fifty-nine,

b. Storage of passenger motor vehicles as provided in section sixty, and

c. Any manufacturing business in which seven or more persons are employed, or any employment agency as defined in section one hundred seventy-one of the general business law other than a non-profit employment agency in a fireproof class B multiple dwelling owned and occupied by a non-profit corporation organized for and engaged exclusively in promoting religious, education or philanthropic purposes, provided that every means of egress from such a business space shall be separate and distinct from and without means of communication with any means of egress from the dwelling portion of the building.

2. The number of means of egress from the portion of any multiple dwelling where business is conducted shall be in conformity with those provisions of the local laws, ordinances, rules and regulations covering means of egress from buildings in which a like business is conducted.

3. There shall be no manufacturing business conducted above the second floor of any non-fireproof multiple dwelling.

4. Where business is conducted in any multiple dwelling erected before April eighteenth, nineteen hundred twenty-nine, such business space shall also comply with all the following requirements in a manner which the department shall deem adequate to prevent the spread of fire:

a. Within or appurtenant to such space, all pipe chases and openings around flues shall be fire-stopped, and such flues shall be kept in good order and repair.

b. All other openings from such space into non-fireproof shafts or into entrance halls shall either be sealed with fire-retarded material or equipped with a self-closing fire-retarded door or window with fire-retarded assemblies.

5. Where business is conducted in any non-fireproof multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine, the walls and ceiling of such business space shall be fire-retarded. The department may also require the walls and ceilings of any business space in any multiple dwelling erected before such date to be fire-retarded when the department shall deem such requirement necessary for the protection of the occupants.

6. If the ground story of any non-fireproof multiple dwelling is extended for business purposes, the underside of the roof of such extension shall be fire-retarded. If there are fire-escapes above such extension, its roof shall be fireproof.

Sec. 62. Parapets, guard railings and wires.

1. Every open area of a roof, terrace, areaway, outside stair, stair landing, retaining wall or porch and every stair window of a multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine, shall be protected in a manner approved by the department by a parapet wall or a guard railing three feet six inches or more in height above the level of such area, or, in the case of a stair window, above the level of the floor adjacent thereto, unless the department shall deem that such protection is not necessary for safety. In any multiple dwelling where a bulkhead door or scuttle cover opens within four feet of the edge of the roof, that part of the roof which is immediately adjacent to such door or cover shall be adequately protected. Such protection shall consist of guard rails or parapet walls extending at least three feet six inches above the level of the roof, and shall be arranged and placed in a manner approved by the department, but shall not be required for such bulkhead door or scuttle cover when the bulkhead or scuttle on such dwelling is immediately adjacent to, and also on the same level as or on a lower level than, the roof of a contiguous building. This subdivision shall not apply to the open area of a roof of a garden-type maisonette dwelling project.

2. All radio, antennae or other wires over any roof shall, unless otherwise permitted by the department, be kept ten feet or more above such roof, and no radio, television antennae or other wires shall be attached to any fire escape or to any soil or vent line extending above the roof.

Sec. 63. Sub-curb uses.

1. When any living room is below the level of the highest curb in front of any multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine, in accordance with the provisions of paragraph f of subdivision one of section thirty-four, all portions of such dwelling below such level shall be fireproof throughout except that windows therein need not be fireproof but shall be of incombustible material and may be glazed with plain glass.

2. Except in multiple dwellings which do not exceed eighty feet in height measured from the lowest point of any curb on which any part of the dwelling faces, at least one means of egress from any apartment or suite of rooms below the level of the highest curb in front of such a dwelling shall lead directly to the street in front of said dwelling and at least one such means to the yard or street in the rear of said dwelling. Every yard in the rear of every such multiple dwelling, regardless of the height of such dwelling, shall at the lowest level of such yard be provided with a fire passage in compliance with the requirements for such a passage in paragraph f of subdivision five of section twenty-six.

3. Notwithstanding any other provisions of this section the department may require such additional means of egress from the said dwelling or protection from fire as the department may deem necessary for the safety of the occupants.

Sec. 64. Lighting; gas meters; gas and oil appliances.

1. Every multiple dwelling after July first, nineteen hundred fifty-five, shall be adequately equipped throughout all stories and cellars for lighting by gas or electricity, with proper fixtures at every light outlet, including lighting for all means of egress leading to the street, yards or courts, and for every room, water-closet compartment, bathroom, stair or public hall.

2. No gas meter, other than a replacement meter, installed in a multiple dwelling after July first, nineteen hundred fifty-five, shall be located in any boiler room or other room or space containing a heating boiler, nor in any stair hall, nor in any public hall above the cellar or above the lowest story if there is no cellar, except that in any multiple dwelling where there is an existing gas meter located in any boiler room or other room or space containing a heating boiler, one additional gas meter may be installed in such room or space, provided such additional gas meter is installed adjacent to such existing gas meter and is used in conjunction with the supply of gas for a gas-fired heating boiler or a gas-fired water heater used as a central source of supply of heat or hot water for the tenants residing in such multiple dwelling. Such additional gas meter may be installed only upon condition that space heaters or hot water appliances in the apartments are eliminated. For the purposes of this subdivision, the term "gas meter" shall not include any instrument, device or apparatus used to measure the consumption of gas where no gas, manufactured, natural or mixed, is contained in or flows through such instrument, device or apparatus, provided that such instrument, device or apparatus is approved by and installed under the supervision of the city agency vested by law with jurisdiction to inspect and test wiring and appliances for electric light, heat and power and provided further that the location of such instrument, device or apparatus is approved by the department.

3. It shall be unlawful to place, use, or to maintain in a condition intended, arranged or designed for use, any gas-fired cooking appliance, laundry stove, heating stove, range or water heater or combination of such appliances in any room or space used for living or sleeping in any new or existing multiple dwelling unless such room or space has a window opening to the outer air or such gas appliance is vented to the outer air. All automatically operated gas appliances shall be equipped with a device which shall shut off automatically the gas supply to the main burners when the pilot light in such appliance is extinguished. A gas range or the cooking portion of a gas appliance incorporating a room heater shall not be deemed an automatically operated gas appliance. However, burners in gas ovens and broilers which can be turned on and off or ignited by non-manual means shall be equipped with a device which shall shut off automatically the gas supply to those burners when the operation of such non-manual means fails. All gas appliances shall be connected directly to the gas supply by means of rigid piping or other approved connectors or connections of incombustible materials. All such automatically operated gas appliances and devices shall be approved by the local agency empowered to grant the same.

4. It shall be unlawful to use, or to maintain in a condition intended, arranged or designed for use, in any multiple dwelling any oil-burning equipment for heating or cooking, unless such equipment has been approved for design, manufacture and appropriate safety and ventilating requirements by the local board of standards and appeals; provided, however, that in a city having a population of one million or more, approval of such equipment for use in any multiple dwelling shall be made by the commissioner of buildings or the fire commissioner, as appropriate, in accordance with local law.

5. All appliances in use after June thirtieth, nineteen hundred fifty-five, shall conform to the provisions of subdivisions three and four of this section except that appliances now in use shall conform to such provisions not later than June thirtieth, nineteen hundred fifty-six.

Sec. 65. Boiler rooms.

1. Except as hereafter provided, in every multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine, which is four stories or more in height the boiler shall be enclosed in a room or space constructed with fireproof walls extending from the floor construction to the ceiling construction, and all openings therefrom to other portions of the dwelling shall be equipped with fireproof doors and assemblies with the doors self-closing. However, in all multiple dwellings, on and after January first, nineteen hundred sixty-six, a room or space provided with a central heating plant shall be completely enclosed with incombustible materials having a standard fire-resistive rating of at least one hour.

2. In such a dwelling access to a cellar or lowest story in which a boiler is located shall not be through any boiler room, nor shall any cellar or basement stair or any shaft be installed within a boiler room.

3. The department shall have the power to make supplementary regulations relating to boiler or furnace rooms.

Sec. 66. Lodging houses.

1. It shall be unlawful to occupy any lodging house unless such dwelling conforms to the provisions of the specific sections enumerated in section twenty-five to the extent required therein, including the provisions of this section, and to all other applicable provisions of this chapter.

2. a. No wood or other combustible facing shall be permitted on the walls, partitions or ceilings of entrance halls or other public halls or stairs, except a flat baseboard ten inches or less in height. The stair string, handrails, soffits, fascias, railings, balustrades and newel posts shall be constructed of hard incombustible material and shall be of such sizes and secured in such manner as approved by the department.

b. The walls and ceilings of all entrance halls, stair halls and other public halls and stairs shall be fire-retarded on the hall or stair side with half-inch plaster board covered with twenty-six gauge metal or other materials approved by the department.

c. Except partitions forming existing cubicles, flat baseboards not more than ten inches high and door and window assemblies not otherwise required to be fire-retarded, all wood partitions and all combustible coverings on walls or partitions throughout the portion of the dwelling used for lodging-house purposes shall be protected with incombustible material approved by the department.

d. The cellar ceiling and the ceiling of every story shall be fire-retarded. The department may accept an existing ceiling if it is in good condition and plastered, or covered with metal or with half-inch plaster board covered with metal, or other materials approved by the department, except that the ceiling over and the floor beneath any furnace, stove, boiler or hot-water heater shall be fire-retarded and such fire-retarding shall extend for a distance of at least four feet beyond the sides and rear and eight feet in front of such furnace, stove or heater. Metal breechings and flues connected to such devices shall be made secure and be protected in conformity with regulations adopted by the department.

e. Every window not opening to the outer air in an entrance, stair or other public hall shall be removed, and the opening closed and fire-retarded, except that interior windows or similar openings in partitions forming the enclosure of entrance, stair or other public halls may be retained if they are used in the operation and maintenance of the lodging house and are protected by automatic fire windows.

f. There shall be one or more completely enclosed compartments remote from any stairway for the storage of mattresses, linens, brooms, mops and other paraphernalia incidental to the occupancy and maintenance of the lodging house, and such paraphernalia shall be stored in no other portion of such dwelling. The partitions forming each such compartment shall be fire-retarded and shall be provided with a fireproof door and door assembly with the door self-closing. Each such compartment shall be ventilated in accordance with regulations adopted by the department. Any space which is used for the storage of mattresses, in addition to conforming to the other provisions of this section, shall be provided with a window ten square feet or more in area, and such window shall open upon a street or yard.

g. There shall be provided on each lodging-house story one or more containers of metal or other hard incombustible material, with self-closing lids, in which all scrap and refuse of a combustible nature shall be placed until its disposal.

h. Insecticides and other fluids containing inflammable, volatile or combustible material shall be stored in a completely enclosed fire-retarded room or compartment, ventilated in accordance with regulations adopted by the department, and only under authority of a permit from the fire department.

3. a. In non-fireproof lodging houses there shall be in all dormitories, entrance and other public halls, stairs, storage rooms, cellars and other parts of the dwelling an automatic wet-pipe sprinkler system, installed and maintained in conformity with regulations adopted by the department. In connection with such sprinkler system there shall be an automatic closed-circuit alarm system so arranged and installed as to give warning, at a recognized central station satisfactory to the fire department, of the closure of any valve controlling water supply to any of the sprinklers and of the operation of any sprinkler head. Such alarm system shall also be so installed and maintained that when a sprinkler operates an alarm bell satisfactory to the fire department, eight inches in diameter or at least capable of being heard clearly throughout the room, will sound in each dormitory and in the office of the lodging house, and that such alarm system can also be operated manually. Such sprinkler and alarm systems shall have supervisory and maintenance service satisfactory to the department and the fire department respectively. Any existing fire alarm or sprinkler system which can be altered or adapted to meet the requirements of this paragraph may be so used instead of a completely new system.

b. In fireproof lodging houses all dormitories, entrance and other public halls, stairs, storage rooms, cellars and other parts of the dwelling shall either be equipped with a combined sprinkler and fire alarm system as required for the lodging houses provided for in paragraph a or be equipped throughout with an automatic, thermostatic, closed-circuit fire alarm system. Such alarm system shall be so arranged and installed that it can also be operated manually and that it will give warning, at a recognized central station satisfactory to the fire department, of the operation of any part of the alarm system. Such alarm system shall also be so installed and maintained as to actuate an alarm bell satisfactory to the fire department and at least eight inches in diameter in each dormitory in the dwelling and in the lodging-house office when the alarm system operates. Such alarm system shall have supervisory and maintenance service satisfactory to the fire department.

4. a. There shall be at least two means of unobstructed egress from each lodging-house story, which shall be remote from each other. The first means of egress shall be to a street either directly or by an enclosed stair having unobstructed, direct access thereto. If the story is above the entrance story, the second means of egress shall be by an outside fire-escape constructed in accordance with the provisions of section fifty- three or by an additional enclosed stair. Such second means of egress shall be accessible without passing through the first means of egress.

b. All doors opening upon entrance halls, stair halls, other public halls or stairs or elevator, dumbwaiter or other shafts, and the door assemblies, shall be fireproof with the doors made self-closing by a device approved by the department, and such doors shall not be held open by any device whatever. All openings on the course of a fire-escape shall be provided with such doors and assemblies or with fireproof windows and assemblies, with the windows self-closing and glazed with wire glass, such doors or windows and their assemblies to be acceptable to the department.

c. There shall be unobstructed aisles providing access to all required means of egress in all dormitories. Main aisles, approved as such by the department to provide adequate approaches to the required means of egress, shall be three feet or more in width, except that no aisle need be more than two feet six inches wide if it is intersected at intervals of not more than fifty feet by crossover aisles at least three feet wide leading to other aisles or to an approved means of egress.

d. Every required means of egress from the lodging-house part of the dwelling shall be indicated by a sign reading "EXIT" in red letters at least eight inches high on a white background illuminated at all times during the day and night by a light of at least twenty-five watts or equivalent illumination. Such light shall be maintained in a keyless socket. On all lodging-house stories where doors, openings, passageways or aisles are not visible from all portions of such stories, and in other parts of the dwelling which may be used in entering or leaving the lodging-house part and in which a similar need exists, signs with easily readable letters as least eight inches in height, and continuously and sufficiently illuminated by artificial light at all times when the natural light is not sufficient to make them easily readable, shall be maintained in conspicuous locations, indicating the direction of travel to the nearest means of egress. At least one such sign shall be easily visible from the doorway of each cubicle.

e. Access from the public hall at the top story to the roof shall be provided by means of a bulkhead or a scuttle acceptable to the department. Every such scuttle and the stair or ladder leading thereto shall be located within the stair enclosure.

5. The number of persons accommodated on any story in a lodging house shall not be greater than the sum of the following components.

a. Twenty-two persons for each full multiple of twenty-two inches in the smallest clear width of each means of egress approved by the department, other than a fire-escape.

b. Twenty persons for each lawful fire-escape accessible from such story if it is above the entrance story.

6. Existing cubicles complying with all other provisions of this section may be maintained, provided the top of the enclosure of every cubicle is at least two feet from the ceiling. Any rearrangement of existing cubicles that may be made necessary by the provisions of this section shall be lawful. Cubicles authorized by this section shall not be considered rooms or alcoves but parts of the rooms in which they are constructed.

7. The department shall cause all lodging houses to be inspected at intervals of three months or less. All sections and parts of every lodging house shall also be inspected by a clerk or watchman in the employ of the owner at least once in every two hours.

8. a. The department shall have power to make supplementary regulations relating to fire-escapes, protection from fire, and the installation of sprinkler systems in lodging houses and the fire department shall have power to make such regulations relating to fire alarms therein.

b. Nothing in this section shall be deemed to abrogate any powers or duties vested in the fire commissioner or the fire department of the city of New York by chapter nineteen of the administrative code of the said city.

Sec. 67. Hotels and certain other class A and class B dwellings.

1. It shall be unlawful to occupy any class A or class B multiple dwelling, including a hotel, unless it conforms to the provisions of the specific sections enumerated in section twenty-five to the extent required therein, including the applicable provisions of this section and all other applicable provisions of this chapter except that the provisions of this section shall not apply to:

a. Converted dwellings;

b. Tenements;

c. Lodging houses;

d. Class A multiple dwellings erected under plans filed with the department after April eighteenth, nineteen hundred twenty-nine.

2. Any such multiple dwelling, altered or erected after April fifth, nineteen hundred forty-four, and which is required to conform to the provisions of articles one, two, three, four, five, eight, nine and eleven, shall not be required to conform to the provisions of subdivisions three, six, nine and ten of this section.

3. The walls and ceiling of every entrance hall, stair hall or other public hall, every hall or passage not within an apartment or suite of rooms, every dumb-waiter, elevator, and, except as provided in paragraph d of subdivision six, every other shaft, including stairs, connecting more than two successive stories, shall be sealed off from every other portion of the dwelling with fire-retarding materials approved by the department, or, in lieu thereof, except in the case of elevator shafts, shall be equipped with one or more automatic sprinkler heads. Nothing contained herein shall be deemed to exempt from enclosure an interior required means of egress. The provisions of this subdivision and similar requirements of section sixty-one shall not apply to a store or space used for business on any story where there are no sleeping rooms, when such store or space is protected with sprinkler heads.

4. There shall be one or more completely enclosed compartments for the storage of mattresses, furniture, paints, floor wax, linens, brooms, mops and other such inflammable or combustible paraphernalia incidental to the occupancy and maintenance of the dwelling, and such paraphernalia shall be stored in no other portion of such dwelling. Such compartments shall be completely protected by one or more automatic sprinkler heads. Every door from any such compartment shall be self-closing. Closets which do not exceed one hundred square feet in floor area may be used for the temporary storage of such paraphernalia, except mattresses, furniture, paints and insecticides containing inflammable materials and are excluded from the requirements of this subdivision.

5. All kitchens and pantries serving restaurants in such non-fireproof dwellings shall be equipped with one or more automatic sprinkler heads.

6. Except in fireproof class A multiple dwellings erected under plans filed after January first, nineteen hundred twenty-five, and which were completed before December thirty-one, nineteen hundred thirty-three, and except as otherwise provided in paragraph c of this subdivision, in every such dwelling three or more stories in height there shall be from each story at least two independent means of unobstructed egress located remote from each other and accessible to each room, apartment or suite.

a. The first means of egress shall be an enclosed stair extending directly to a street, or to a yard, court or passageway affording continuous, safe and unobstructed access to a street, or by an enclosed stair leading to the entrance story, which story shall have direct access to a street. That area of the dwelling immediately above the street level and commonly known as the main floor, where the occupants are registered and the usual business of the dwelling is conducted, shall be considered a part of the entrance story; and a required stair terminating at such main floor or its mezzanine shall be deemed to terminate at the entrance story. An elevator or an unenclosed escalator shall never be accepted as a required means of egress.

b. The second means of egress shall be by an additional enclosed stair conforming to the provisions of paragraph a of this subdivision, a fire-stair, a fire-tower or an outside fire-escape. In a non-fireproof dwelling when it is necessary to pass through a stair enclosure which may or may not be a required means of egress to reach a required means of egress, such stair enclosure and that part of the public hall or corridor leading thereto from a room, apartment or suite, shall be protected by one or more sprinkler heads; in a fireproof dwelling only that part of the hall or corridor leading to such stair enclosure need be so protected.

c. Where it is impractical in such existing dwellings to provide a second means of egress, the department may order additional alteration to the first means of egress and to shafts, stairs and other vertical openings as the department may deem necessary to safeguard the occupants of the dwelling, may require the public halls providing access to the first means of egress to be equipped on each story with one or more automatic sprinkler heads, and, in non-fireproof dwellings, may also require automatic sprinkler heads in the stair which serves as the only means of egress.

d. Nothing in this section shall be deemed to require the enclosure of a stair which is ornamental provided such stair does not connect more than two stories.

e. A stair, fire-stair, fire-tower or fire-escape which is supplementary to the egress requirements of paragraphs a, b and c of this subdivision need not lead to the entrance story or to a street, or to a yard or a court which leads to a street, provided the means of egress therefrom is approved by the department.

7. a. All doors opening from shafts, stair halls or stairs and the door assemblies shall be fire-resistive with the doors self-closing and without transoms or any other opening.

b. All other doors opening upon entrance halls or other public halls or corridors in every part of the dwelling shall be self-closing. In non-fireproof dwellings any existing openings in such doors, except in doors to public toilet rooms or bathrooms, shall be closed and sealed in such manner as to provide a fire-resistive rating equal to the fire-resistive rating of the remainder of the door. Except as provided in this paragraph, any existing transoms over such doors in such non-fireproof dwellings shall be firmly secured in a closed position, or removed and the openings closed, in a manner satisfactory to the department. If such doors or transoms are glazed with plain glass, such glass shall be removed and replaced with wire glass one-quarter of an inch in thickness or replaced with material approved by the department. In non-fireproof dwellings existing transoms or ventilating louvres in public halls or corridors, and any openings in partitions separating sleeping rooms from public halls or corridors to provide ventilation, need not be replaced, closed or sealed provided such public halls or corridors are protected by automatic sprinkler heads. When existing ventilating louvres are located in the lower half of any such door they may be retained and new ventilating louvres may be installed in the lower half of any new or existing doors provided the openable area of every such louvre does not exceed one hundred forty-four square inches and the bottom of the opening is one foot or more above the finished floor of the public hall or corridor upon which such door opens and, in such case, no sprinkler system shall be required.

c. Every existing interior glazed sash, window or opening, other than a door, in any partition forming required enclosures around stairs or shafts shall be removed and the openings closed up and fire-retarded. Where an existing sash provides borrowed light to a public hall or corridor from a living room and there is no glass panel in the door providing access to such room, such sash shall be made stationary in a closed position and be glazed with wire glass one-quarter inch in thickness, or be entirely removed and the opening closed up with incombustible material.

d. All openings which provide direct access to a fire-escape from a public hall or corridor shall be equipped with fireproof doors and assemblies with the door self-closing or fireproof windows glazed with clear wire glass. Doors providing access to fire-escapes from public halls or corridors may be glazed with clear wire glass.

e. It shall be unlawful to attach to or maintain on or about any door required to be self-closing any device which prevents the self-closing of such door.

8. a. (i) Every means of egress shall be indicated by a sign reading "EXIT" in red letters at least eight inches high on a white background, or vice versa, illuminated at all times during the day and night by a red light of at least twenty-five watts or equivalent illumination. Such light shall be maintained in a keyless socket. On all stories where doors, openings or passageways giving access to any means of egress are not visible from all portions of such stories, lighted or reflective directional signs shall be maintained in conspicuous locations, indicating in red on a white background, or vice versa, the direction of travel to the nearest means of egress. In addition to being posted in conspicuous locations, such signs located near the floor, giving direction to the nearest means of egress, shall also be maintained. At least one sign shall be visible from the doorway of each room or suite of rooms. Existing signs and illumination may be accepted if, in the opinion of the department, such existing signs and illumination serve the intent and purpose of this subdivision. Supplementary stairs, fire-stairs, fire-towers or fire-escapes which do not lead to the entrance story or to a street or to a yard or court, leading to a street, shall be clearly marked "NOT AN EXIT" in black letters at least four inches high on a yellow background and at the termination of each such stair, fire-stair, fire-tower or fire-escape, there shall be a directional sign indicating the nearest means of egress leading to a street. All signs shall be constructed, located and illuminated in a manner satisfactory to the department.

b. On each floor of every hotel or motel having two or more stories where the rooms or suites of rooms are connected by an interior hallway, there shall be posted by each stairway, elevator or other means of egress a printed scale floor plan of the particular story, which shall show all means of egress, clearly labeling those to be used in case of fire. Such signs shall be posted in other conspicuous areas throughout the building. Said floor plan shall be no smaller than eight inches by ten inches and shall be posted in such a manner that it cannot be readily removed.

9. The ceiling of the story immediately below the entrance story shall be fire-retarded or be equipped with one or more sprinkler heads. Any boiler or furnace room within the dwelling used in connection with supplying heat or hot water shall be enclosed with fire-retarded partitions and every door opening therefrom and its assembly shall be fireproof with the door self-closing. The ceiling of such room shall also be fire-retarded or be equipped with one or more sprinkler heads.

10. a. There shall be provided in the roof directly over each stair, fire-stair, fire-tower, dumb-waiter, elevator or similar shaft which extends to or within one story of a roof, a ventilating metal skylight having horizontal dimensions equal at least to seventy-five per centum of the cross-sectional area of such shaft. Such skylight need not, however, exceed twenty square feet in area. Where an existing skylight is smaller than the dimensions or area prescribed in this paragraph, no structural change shall be required, but a ventilating metal skylight fitting the existing opening in the roof shall be sufficient. Every skylight shall be glazed with plain glass in the roof of such skylight and shall be equipped with metal screens over and under the skylight. In lieu of a skylight a window of the same area at the top story shall be accepted.

b. Whenever there is a flooring of solid construction at the top of any enclosed stair, fire-stair, fire-tower, elevator or similar shaft, openings shall be left near the top of such shaft for ventilation. Such openings shall provide at least two hundred eighty-eight square inches of unobstructed ventilation and shall communicate directly with the outer air, or be otherwise ventilated in accordance with the provisions of the local building code.

c. It shall be unlawful to discharge into any such shaft any inflammable or volatile gases, liquids or other thing or matter which would endanger life.

11. a. There shall be a fire-retarded bulkhead in the roof over, or connecting directly by means of a public hall with the highest portion of, every stair extending to the highest story below the main roof. Stairs leading to such bulkheads shall be fire-retarded as required for other public stairs and shall have at the top fireproof doors and assemblies with the doors self-closing. All stairs to required bulkheads shall be provided with a guide or handrail. A scuttle so constructed as to be readily opened may be substituted for a bulkhead in such dwellings two stories or less in height. Such scuttle shall be at least twenty-one inches in width and twenty-eight inches in length, covered on the outside with metal and provided with a stationary iron or steel ladder leading thereto.

b. When a dwelling has a pitched or sloping roof with a pitch or slope of more than fifteen degrees, no bulkhead or scuttle, or stair or ladder leading thereto shall be required.

c. A bulkhead door or scuttle shall never be self-locking and shall be fastened on the inside with movable rustproof bolts, hooks, or a lock which does not require a key to open from the inside of the dwelling.

d. Bulkheads and stairs leading thereto existing on April fifth, nineteen hundred forty-four, shall be permitted provided the stairs have such angle of ascent and treads of such dimensions as may be approved by the department.

12. In every such dwelling containing thirty or more rooms used for living or sleeping purposes by transient occupants there shall be a closed-circuit interior fire alarm system. Such alarm system shall be so installed and maintained that it can be operated manually from any story to sound an alarm or alarms capable of being heard clearly in all parts of the dwelling. Such alarm system shall be installed, arranged and maintained in a manner satisfactory to the fire department.

13. When the local building code requires a standpipe system such system shall comply with all of the applicable requirements of such code.

14. In every such fireproof dwelling containing fifty or more rooms used for living or sleeping purposes by transient occupants and in every such non-fireproof dwelling containing thirty or more such rooms, the owner shall employ one or more watchmen or clerks whose duty it shall be to visit every portion of the dwelling at frequent regular intervals for the purpose of detecting fire or other sources of danger and giving immediate and timely warning thereof to all the occupants. There shall be provided a watchman's clock system or other device to record the movements of such watchman. Such system shall be installed, supervised and maintained in a manner satisfactory to the fire department. However, the provisions of this subdivision shall not apply where, throughout the dwelling, a closed-circuit, automatic, thermostatic fire-detecting system is installed which actuates a fire alarm, or where, throughout the dwelling, an approved-type automatic sprinkler system is installed which actuates a fire alarm by the flow of water through such system.

15. a. Nothing in this section shall be construed as permitting partitions or materials which are not fireproof in any fireproof dwelling; nor shall anything in this section be deemed to abrogate any powers or duties vested by law in the fire commissioner or fire department, except that an existing sprinkler installation, fire alarm or standpipe system which has been approved or accepted by the department having jurisdiction and installed before July first, nineteen hundred forty-eight, shall, after inspection by the said department, be deemed to be in compliance with the requirements of this section or may be altered or adapted to meet such requirements instead of a completely new installation or system.

b. All automatic sprinkler heads required by this section shall be constructed to fuse at a temperature not higher than one hundred sixty-five degrees Fahrenheit, spaced so as to protect the area which is required to be sprinklered, and installed, arranged and maintained in conformity with regulations adopted by the department.

c. For the purposes of subdivisions twelve and fourteen of this section, the term "transient occupancy" shall mean the occupancy of a room for living purposes by the same person or persons for a period of ninety days or less.

Sec. 68. Smoke detecting devices.

1. This section shall apply to all multiple dwellings, whenever constructed, provided however, that for the purposes of this section the term "multiple dwelling" shall also include any dwelling accommodation used as a temporary or permanent residence located in any building owned as a condominium or cooperative.

2. (a) The owner of every multiple dwelling to which the provisions of this section apply shall equip each apartment or other separate living unit in such multiple dwelling with approved and operational smoke detecting devices in conformity with the state fire prevention and building code; provided, however, that any multiple dwelling not subject to the provisions of such code may, in the alternative, be equipped with battery-operated smoke detecting devices of a type accepted by the division of housing and community renewal.

(b) In hotels and other class B multiple dwellings, and in any portion of a class A multiple dwelling used for single room occupancy, at least one smoke detecting device shall be located within each room used for sleeping purposes. In any other multiple dwelling or portion thereof, there shall be at least one smoke detecting device located within each apartment or separate living unit, in an area so that it is clearly audible in each bedroom or other room used for sleeping purposes, with intervening doors closed; provided, however, that no smoke detecting device be located more than ten feet from the entrance to any bedroom or other room used for sleeping purposes.

(c) Each smoke detecting device shall include a test device to permit the occupant to readily determine if it is operational.

(d) In addition to complying with the provisions of this section, the type, location, number, and manner of installation of smoke detecting devices shall be in accordance with standards prescribed by the state fire prevention and building code council.

3. (a) With respect to class A multiple dwellings, other than any portion of any such dwelling used for single room occupancy, and notwithstanding the provisions of section seventy-eight or any other provision of this chapter, or of any law or requirement, state or local, the duties of the owner and tenant with respect to smoke detecting devices installed pursuant to this section shall be as provided in subdivisions four and five of this section.

(b) With respect to a class B multiple dwelling, or any portion of a class A multiple dwelling used for single room occupancy, the provisions of subdivision five of this section shall not apply, and smoke detecting devices installed as required by this section shall be subject to the provisions of section seventy-eight of this chapter.

(c) The owner of every multiple dwelling shall keep such records as the state fire prevention and building code council shall prescribe relating to the installation and maintenance of smoke detecting devices in the building and make such records available to any local code enforcement official on request.

4. In addition to initially providing and installing the smoke detecting devices, the owner shall:

(a) replace within thirty days after the receipt of written notice any such device which becomes inoperable within one year of the installation of such device due to a defect in the manufacture of such device and through no fault of the occupant of the apartment or other unit;

(b) upon the occurrence of a vacancy, replace or properly equip any such device which has been removed or rendered inoperable, so as to provide operational smoke detecting devices for any new tenant; and

(c) notify tenants in writing, individually or through posting of a notice in a common area of the building, of the respective duties of owners and tenants under this section.

5. Except as provided in paragraph (b) of subdivision three of this section, the tenant shall keep and maintain any smoke detecting device installed pursuant to this section in good repair and replace any such device which becomes inoperable during his occupancy.

6. An owner need not furnish or install a smoke detecting device where one has already been installed, provided that (a) the type of such device and the manner of its installation comply with the provisions of this section and the standards prescribed by the state fire prevention and building code council, (b) the existing device is tested and found to be operational, and (c) the existence of such device in lieu of an owner-furnished device is noted on the records kept by the owner pursuant to paragraph (c) of subdivision three of this section.

7. This section shall not apply within cities with a population of one million or more, provided however, any local law in such cities relating to smoke detecting devices shall provide for the installation and maintenance of smoke detecting devices in dwelling accommodations located in buildings owned as condominiums or cooperatives.