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


Latest version.
  • 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.