Section 218. Alterations


Latest version.
  • 1. Any non-fireproof tenement erected after May
      fifteenth, nineteen hundred two, having apartments extending from street
      to yard and having one or more outer courts on a side lot line four feet
      or more in width or inner courts which alone or together with  adjoining
      courts  are  eight  feet  or more in width and twelve feet six inches or
      more in depth, may be altered into  apartments  opening  either  on  the
      street  or  the  yard,  provided  all  such altered apartments also have
      windows opening on such a court. All such altered  apartments  shall  be
      provided  with  a  second  means  of  egress  as required by section two
      hundred thirty-one. The entrance and stair halls of such tenement  shall
      be fire-retarded.
        2.  No  room  in  the  cellar  or  basement  of  any tenement shall be
      constructed or altered to be occupied for living purposes unless all  of
      the  conditions  of  section  thirty-four  and  of  subdivision eight of
      section twenty-six in regard to multiple dwellings erected  after  April
      eighteenth, nineteen hundred twenty-nine, are complied with, except that
      the  minimum  depths  of  yards  and  courts prescribed for tenements in
      subdivision one of section two hundred twelve shall be  substituted  for
      the minimum depths referred to in section thirty-four.
        3.  Any  additional  room or hall constructed or created in a tenement
      shall comply in  all  respects  with  the  provisions  of  this  article
      respecting  rooms  or halls in tenements erected after April eighteenth,
      nineteen hundred twelve, except that in any tenement erected after April
      fourteenth, nineteen hundred three, such rooms or halls may  be  of  the
      same height as the other rooms or halls on the same story.
        4.  The  number  of  apartments or suites of rooms on any story in any
      tenement erected after April  twelfth,  nineteen  hundred  one,  may  be
      altered  so  as  to  increase  or  decrease  the  number of living rooms
      provided such dwelling shall conform with the applicable  provisions  of
      sections two hundred thirty-five and two hundred thirty-six.
        5.  If  the  number  of  apartments  or suites of rooms in any old-law
      tenement is increased, the entrance hall and both sides of the walls  of
      the  stair halls adjoining the altered apartment shall be fire-retarded,
      the stairs shall extend to the roof and there shall be no inside  stairs
      from  the  entrance  story  to a cellar, or to a basement or other story
      below the entrance story. However, such inside stair  may  be  permitted
      provided such stair is constructed of incombustible material, has closed
      risers, is enclosed between the entrance story and the next lowest story
      with  fireproof  materials having a standard fire-resistive rating of at
      least three hours, and has fireproof doors and door  assemblies  at  the
      top  and bottom with the doors and door assemblies at the top and bottom
      with the doors self-closing. The soffit of any stair  immediately  above
      an  inside  cellar  stair  shall be fire-retarded and the jib partitions
      enclosing such cellar stair at the first story shall be of incombustible
      material or fire-retarded on both sides with materials having a standard
      fire-resistive rating of at least one hour.
        6. If any old-law tenement shall be so  altered  as  to  increase  the
      number  of  rooms  therein  by one-third or more, or if such tenement is
      increased both  in  number  of  rooms  and  in  height  and  after  such
      alteration  is more than four stories or parts of stories above the curb
      level, or if such tenement is  over  three  stories  in  height  and  is
      combined  with  another  old-law  tenement  and the combined area on any
      story exceeds three thousand square  feet,  the  stair  halls,  entrance
      halls  and  other  public  halls  of the whole dwelling shall be made to
      conform to the requirements of subdivision two of  section  two  hundred
      thirty-three  and  sections  two  hundred  thirty-four  to  two  hundred
      thirty-eight inclusive, except that such  combined  tenements,  if  over
    
      three  stories  in  height,  shall have in the roof a fireproof bulkhead
      with a fireproof self-closing door.
        7.  In  lieu  of fire retarding required under subdivision five, there
      may be installed in public halls an automatic dry pipe valve system  or,
      where  halls are heated, an automatic wet pipe system. Where a sprinkler
      system is installed it shall be equipped on each  story  with  heads  in
      such  number and spaced to protect the complete area of the public halls
      and stairs and shall be constructed, located and arranged on every stair
      and entrance hall and in every closet opening therefrom in such a manner
      as the department may require. Such sprinkler system shall be maintained
      continuously in good repair and serviceable condition.