NEW YORK STATE
MULTIPLE DWELLING LAW
Chapter 713 of the Laws of 1929, as amended
Section 170. Application of article six and
other provisions to converted dwellings.
170a Notwithstanding any other
provision of this chapter...
LIGHT AND AIR
Section 172. Yards and courts.
173. Windows and rooms.
174. Size of rooms.
176. Cooking spaces.
177. Rooms in basements and cellars.
178. Lighting and ventilation of stairs.
Section 185. Cellar ceilings.
186. Extension roofs.
188. Bulkheads and scuttles.
189. Stair and public hall construction.
190. Cellar stairs.
192. Cellar entrance.
193. Frame buildings.
194. Sprinkler heads in rooms.
Section 200. Water-closets.
Sec. 170. Application of article six and other provisions to
The provisions of this article shall apply to converted dwellings
and to such dwellings only. They shall apply to all converted
dwellings unless their application is expressly limited to
dwellings of a particular class. The following enumerated
articles and sections shall also apply to all converted dwellings
unless so limited:
Article 1. Introductory provisions; definitions.
2. Miscellaneous application provisions.
7-a. Temporary provisions.
8. Requirements and remedies.
9. Registry of names and service of papers.
11. Laws repealed; saving clause; legislative
Sec. 28. Two or more buildings on same lot
29. Painting of courts and shafts
31. Size of rooms--- subdivision six
35. Entrance doors and lights
37. Artificial hall lighting
56. Frame buildings and extensions
57. Bells; mail receptacles
58. Incombustible materials
59. Bakeries and fat boiling
60. Motor vehicle storage
61. Business uses
62. Parapets, guard railings and wires---
75. Water supply
76. Water-closet and bath accommodations
77. Plumbing and drainage
81. Receptacles for waste matter
83. Janitor or housekeeper
Sec. 170-a. Notwithstanding any other provision of this
Notwithstanding any other provision of this chapter, a dwelling,
other than a frame dwelling, three stories or less in height
erected after April eighteenth, nineteen hundred twenty-nine as a
one or two-family dwelling may be converted to a multiple
dwelling to be occupied by not more than three families in all,
with a maximum occupancy of two families on each floor in a two
story building and one family on each floor in a three story
building, provided however that all the provisions of this
article are complied with and provided further that
1. No part of such dwelling shall be used for business
2. No part of such dwelling shall be arranged, designed for or
occupied by roomers, boarders or lodgers.
3. The public hall or stair partitions and soffit of stairs
shall be fire-retarded and said partitions fire-stopped. The
apartment entrance doors and door assemblies in such hall
shall be fire-proof and self-closing.
4. The required stairs shall comply with the provisions of
subdivision three of section fifty-two of this chapter.
5. No door opening shall be permitted from a garage within the
building to the stair hall or public hall. However, any
other opening to the residential portion shall be provided
with a fire-proof self-closing door, and the door assemblies
shall be fire-proof.
6. The cellar shall not be used for any purpose other than
household storage and mechanical equipment or appliances,
and the cellar ceiling shall be fire-retarded.
Sec. 171. Alterations.
1. A building, other than a frame building, originally occupied
as a one-family or two-family dwelling may be altered to a
converted dwelling if its bulk and volume has not been
increased since April eighteenth, nineteen hundred twenty-
nine, and if it is converted in conformity with the other
provisions of this article.
2. Except as permitted in subdivision nine of section nine and
subdivision six of section one hundred seventy-two, it shall
a. To increase the height or number of stories of any
converted dwelling or to increase the height or number
of stories of any building in converting it to a
b. To reduce the room or window area of any converted
dwelling or make any other alteration therein if such
alteration decreases the light, ventilation, fire
protection or sanitation thereof.
c. To convert to a multiple dwelling any dwelling which
exceeds six stories in height unless it was occupied as
a multiple dwelling on April fifteenth, nineteen
d. To convert any dwelling to a class A multiple dwelling
occupied by five families or more upon any story unless
such dwelling is fireproof or is converted in
conformity with the requirements of subdivision three
or was occupied as a class A multiple dwelling on April
fifteenth, nineteen hundred thirty.
e. To combine any converted dwelling with another building
which exceeds six stories in height.
f. To enlarge or extend any converted dwelling so as to
exceed by more than twenty-five per centum the area
which such dwelling had on any floor at the time of its
conversion, except as provided in paragraph h.
g. To convert to a multiple dwelling any dwelling not so
converted before April fifteenth, nineteen hundred
thirty, if after such date it has been increased in
number of stories or combined with another building
more than six stories in height or enlarged or extended
so as to exceed by more than twenty-five per centum the
area of such dwelling or its area on any floor as shown
by the plan approved by the department before its
erection, except as provided in paragraph h.
h. Paragraphs f and g shall not apply to, or be deemed to
prohibit, any rear extension of the first story of any
converted dwelling permitted under the provisions of
section one hundred seventy-two.
3. Converted dwellings six stories or less in height may be
combined if such dwellings when combined conform to the
requirements of this subdivision.
a. No frame building shall be a part of any such
b. Every entrance hall, stair hall, public hall, stair and
stair enclosures shall be constructed of fireproof
materials throughout and every door opening therefrom
and door assembly shall be fireproof with the door self-
closing and without transoms. Every public hall shall
be at least three feet six inches in clear width and
enclosed with masonry walls not less than eight inches
in thickness. Every stair and stair hall shall be
constructed and arranged throughout as provided in
sections thirty-five, thirty-six, fifty and fifty-two,
and as provided in sections one hundred two, one
hundred five and one hundred six for fireproof
dwellings erected after April eighteenth, nineteen
hundred twenty-nine, and shall be at least three feet
in clear width with all landings at floor levels at
least three feet six inches in clear width. In every
combination of three or more such dwellings, fire-
stairs shall be located so that there shall be
horizontal access in the public hall from every
apartment to two or more fire-stairs, one or more of
which shall be within fifty feet horizontally in the
line of travel of one or more required means of egress
from such apartment. Every stair, fire-stair and fire-
tower shall extend to the roof through a fireproof
bulkhead constructed in compliance with the provisions
of section one hundred four for fireproof multiple
c. The ceiling of the cellar, or of the lowest story, if
there be no cellar, shall be fire-retarded.
d. There shall be at least two means of egress from every
apartment or suite of rooms containing three or more
living rooms. Such means shall be remote from each
other, with the first means opening to a public hall
which is connected with a stair not more than fifty
feet distant from such means of egress. The second
means of egress shall be directly accessible to a fire-
tower or fire-stair, or to an outside fire-escape.
e. No window to the outer air shall be required opening
from any public hall, vestibule, stair, or stair hall
artificially lighted and ventilated mechanically as
provided in section one hundred seven for fireproof
multiple dwellings. If any windows are provided, they
and their assemblies shall be fireproof and glazed with
wire glass, and if such windows are used in lieu of
mechanical ventilation and artificial lighting, they
shall also be arranged as provided for stairs and
public halls in non-fireproof multiple dwellings
erected after April eighteenth, nineteen hundred twenty-
f. No elevator shall be required, but should one be
installed it shall conform to the provisions of section
fifty-one relating to elevators and section one hundred
five for fireproof dwellings.
g. None of the combined dwellings shall be required to
comply with sections one hundred seventy-eight, one
hundred eighty-five, one hundred eighty-seven, one
hundred eighty-eight and one hundred ninety or with
subdivisions one, two and three of section one hundred
h. When any business is conducted in any portion of
dwellings so combined, the ceilings and walls of such
portion shall be fire-retarded and every door and door
assembly shall be fireproof with the door self-closing.
4. Nothing in this article shall be deemed to prohibit a
combination of class A and B occupancy in any converted
dwelling. If more than fifty per centum of the rooms therein
are used for class A occupancy, the dwelling shall be deemed
a class A dwelling, otherwise a class B dwelling.
LIGHT AND AIR
Sec. 172. Yards and courts.
1. Except as provided in subdivision two, there shall be a yard
thirteen feet or more in depth across the entire lot in the
rear of every converted dwelling, or an outer court three
feet or more in width which alone or with any open space at
the rear of the dwelling equals the required area of such a
2. On a corner lot there shall be a yard ten feet or more in
depth across the entire lot. Such yard shall be thirteen
feet or more in depth for any part of the yard which is more
than sixty feet from any side street bounding such lot. The
provisions of this subdivision need not apply to a dwelling
situated on a corner lot if (a) the required windows of all
living rooms in such a dwelling open directly upon a street
(b) the height and bulk of the dwelling are not increased
and (c) the bulk of the dwelling above the first story is
3. The bottom of a yard may be as high as but not above the
second tier of beams, provided the first story is used
exclusively for business purposes and there is no living
room in or below the first story; and provided also that
whenever any means of egress from the upper stories opens
into such yard, a portion of the yard ten feet or more in
depth and open from the ground up shall be maintained at the
rear of any extension of the dwelling.
4. In the rear of every converted dwelling on a corner lot an
extension of the dwelling over the yard may be built up to
the second tier of beams, provided such extension does not
obstruct any required means of egress from the upper
5. Except as provided in subdivisions three and four, the
required yard or court and unoccupied space shall be open
and unobstructed from the ground up.
6. The restrictions of this section and those of subdivisions
one and two of section one hundred seventy-one in regard to
bulk and volume shall not apply to extensions erected before
April thirteenth, nineteen hundred forty, in conformity with
the provision of a local zoning resolution which restricted
bulk and volume.
7. Nothing in this section shall be deemed to permit extensions
in the yards or courts of any converted dwelling, or to
permit business or commercial uses therein, which may be
contrary to any local zoning law, ordinance or regulation.
Sec. 173. Windows in rooms.
1. Except as provided in subdivision four of section one
hundred seventy-seven every living room shall have one or
more windows opening directly upon a street or upon a yard
or court with dimensions conforming to those specified in
section one hundred seventy-two, or upon an inner court or
shaft three feet nine inches or more in width and eight feet
or more in length.
2. Such windows shall be so located as to light properly all
portions of the room and in each room shall have an
aggregate glazed area of at least one-tenth of the floor
area of the room, unless in the opinion of the department
such room is already adequately lighted and ventilated. The
top of at least one window in each living room shall be
seven feet or more above the floor except when such room is
in the basement or on the top story, in which case the top
of at least one window shall be six feet or more above the
floor. Every such window shall be twelve square feet or more
in area, and shall be so constructed that one-half or more
of its area may be opened. However, such window need not be
twelve square feet in area provided that each room shall
have an aggregate glazed window area of at least one-eighth
of the superficial floor area of the room.
3. Whenever a basement conforming to the provisions of
subdivision four of section one hundred seventy-seven is
permitted to be occupied for living purposes, every living
room, bathroom, water-closet compartment, kitchen and
cooking space therein shall have one or more windows opening
directly upon a street; or upon a yard which is at every
point at least fifteen feet in depth and, above the window
sill level of the first story above the basement, at least
twenty feet; or upon a court at least two feet in width and
extending the entire depth of the lot from the street to the
yard. All such yards and courts shall be measured at the
ground level from the lot line to the building line opposite
on the same lot. The windows in each such room shall have an
aggregate glazed area of at least one-eighth of the total
floor area of the room, and in no event less than twelve
square feet. The top edge of the glazed area of every window
shall be nine inches or more below the finished ceiling and
one foot or more above the level of the adjoining ground.
Every such window shall be so constructed that one-half or
more of its area may be opened, and shall be so located as
to light and ventilate adequately all portions of the room.
4. Any room on a top story may be lighted and ventilated by a
skylight of the dimensions specified for windows and
arranged to provide ventilating openings of six square feet
or more. Such a skylight shall be accepted in lieu of a
window. Nothing in this subdivision shall be construed to
prohibit the installation of a skylight without ventilating
openings of six square feet or more, provided, however, that
such skylight shall be equipped with at least one hundred
forty-four square inches of ventilation and provided that
the glazed area of such skylight together with the glazed
area of any existing window shall be not less than one-
eighth the superficial floor area of such room.
5. When required by the department transoms, or louvres, or
partition sash to private halls or to adjoining rooms in the
same apartment shall be provided to secure thorough
ventilation, but no such transom or louvres or partition
sash shall be required in rooms having two windows opening
to the outer air if each window contains at least twelve
square feet of area nor in rooms having a mullioned window
with an aggregate area of at least twenty-four square feet.
Sec. 174. Size of rooms.
Every living room shall contain five hundred fifty cubic feet or
more of air, shall be at least six feet wide at its narrowest
part and shall have a minimum height of seven feet if such room
is in the basement, of seven feet at all points more than six
feet from the front of such room if it is on the top story, and
of eight feet if on any other story, except that whenever a
basement conforms to the provisions of subdivision four of
section one hundred seventy-seven the living rooms in such
basement may have a minimum height of six feet eight inches from
the finished floor to the bottom of any beams projecting below
the level of the finished basement ceiling and of seven feet to
the ceiling between such beams.
Sec. 175. Alcoves.
1. Every alcove, except a cooking space or foyer, shall be
deemed a living room and shall open into an immediately
adjoining living room which opens directly on a yard or
street and in buildings not over two stories in height, such
living room may open directly on an outer court or on a
court, not less than four feet in width, extending from
street to yard. Such an alcove shall be separately lighted
and ventilated, and of such size as provided for other
living rooms, unless it has an opening at least thirty-two
and one-half square feet or more in area opening into a
living room immediately adjoining.
2. No part of any room shall be enclosed or subdivided at any
time, wholly or in part, by a curtain, portiere, fixed or
movable partition or any other device unless each enclosed
or subdivided part meets all of the requirements for a
separate living room or a lawful alcove.
Sec. 176. Cooking spaces.
If space exists or is provided for cooking, such space shall
comply with the provisions of section thirty-three.
Sec. 177. Rooms in basements and cellars.
1. No room in any cellar shall be occupied for living purposes,
except as provided in subdivision six of section thirty-four
or in subdivision three of this section.
2. A room occupied for living purposes in a basement shall
comply with the requirements of sections one hundred seventy-
three and one hundred seventy-four except as provided in
subdivision four of this section.
3. Where more than sixty per centum of the height of a cellar
is below the level of the curb on which a dwelling faces,
but the floor of such cellar is approximately at the level
of the yard thereof and such yard is not less than thirty
feet in depth at every point, the department may permit the
use of such cellar for living purposes if it shall deem such
cellar adequately lighted and ventilated and habitable. When
permission is granted such a cellar shall be deemed a
4. The basement of a converted dwelling may be used for living
purposes without meeting the requirements of subdivisions
one and two of section one hundred seventy-three if such
dwelling meets the other applicable requirements of such
section and of this chapter, including the following:
a. Such a dwelling shall not exceed three stories,
including the basement, in height.
b. It shall be occupied by not more than one family on any
story, including the basement. For the purposes of this
subdivision a family shall not be deemed to include any
boarders, lodgers or roomers.
c. It shall have at least one court two feet or more in
width extending across the entire depth of the lot from
the street to the yard.
d. The department shall deem the basement to be adequately
lighted and ventilated, free of any dampness, sanitary
e. There shall be a separate water-closet compartment
within the basement apartment conforming to the
provisions of section two hundred.
f. Such dwelling shall not be required to comply with
section one hundred eighty-seven if a scuttle is
provided conforming to section one hundred eighty-
g. This subdivision is applicable only to buildings noted,
classified or recorded as such converted dwellings in
the department prior to January first, nineteen hundred
5. Notwithstanding any provisions of this section or of
subdivision five of section three hundred, an apartment or
room in a cellar which was occupied for living purposes at
any time on or after October first, nineteen hundred fifty-
two may thereafter continue to be occupied for such purposes
until July first, nineteen hundred sixty-seven in accordance
with the conditions imposed by subdivision five of section
two hundred sixteen.
Sec. 178. Lighting and ventilation of stairs.
Where the stair and public halls are not provided on each story
with windows opening to a street, yard or court, a skylight
equipped with ridge ventilators having an opening of forty square
inches or more shall be provided in the roof over the stair,
except as otherwise provided in paragraph g of subdivision three
of section one hundred seventy-one. The glazed roof of such
skylight shall not be less in area than nine square feet nor less
than two feet in its least dimension, provided the ventilating
and glass areas in such skylight are not less than herein
required; except that in dwellings converted before April
eighteenth, nineteen hundred twenty-nine, where a skylight
smaller than such prescribed dimensions was in existence on such
date, no structural change shall be required, but a ventilating
skylight fitting the existing skylight opening in the roof beams
shall be deemed sufficient.
Sec. 179. Privacy.
In every apartment of three or more rooms in every class A
converted dwelling there shall be access to every living room
without passing through any bedroom, and to at least one water-
closet compartment within the apartment from every bedroom
without passing through any other bedroom.
Sec. 185. Cellar ceilings.
1. Except as provided in paragraph g of subdivision three of
section one hundred seventy-one, the ceiling of the cellar,
or of the lowest story if there be no cellar, shall be fire-
retarded unless such dwelling is three stories or less in
height and the ceiling has already been plastered in a
manner satisfactory to the department.
2. In lieu of the requirements set forth in subdivision 1.
hereof, buildings existing November first, nineteen hundred
forty-nine, in cities having a population between five
hundred thousand and one million having three stories or
less in height and containing no more than six families or
eight roomers or lodgers, with no human occupancy in the
cellar or basement may comply by:
I. providing two means of egress to any area of the third
floor used for human occupancy; and
II. providing approved safety controls on all fuel burning
devices in basement or cellar; and
III. fire-stopping of all openings in cellar or basement
ceiling or openings leading to the floors above from
cellar or basement such as, but not limited to, stud
channels, openings around conduits, soil and water
pipes, ducts, pipe chases, and by complying with either
IV or V hereof;
IV. providing an approved sprinkler system throughout entire
cellar or basement area; or
V. a. providing fire-retarded ceilings at the
first floor level; and
b. providing sprinkler head or heads above each hot
water heater, furnace and all other fuel burning
devices in basement or cellar; and
c. fire-stopping all the interior entrances to any
area of the third floor used for human occupancy
at the second floor level with fire-retarded
partitions, or equal construction, and a fire-
retarded self-closing door and assembly.
Sec. 186. Extension roofs.
The under-surface of the roof of any extension shall be fire-
retarded or sprinklered unless such ceiling has already been
plastered in a manner satisfactory to the department.
Sec. 187. Egress.
1. Except as provided in paragraph g of subdivision three of
section one hundred seventy-one, egress from every apartment
on each story shall be provided as follows:
a. If a dwelling is two stories or less in height, or if it is
three stories including a basement in height and conforms to
the conditions of subdivision four of section one hundred
seventy-seven, a single means of egress from each story to
the street shall be sufficient.
b. Every other dwelling shall have either two independent means
of egress or one means of egress equipped with a sprinkler
c. At least one means of egress shall be a stair extending to
and through the roof by a bulkhead, except that a scuttle
may be used in lieu of a bulkhead if the dwelling does not
exceed a basement and three other stories in height, or if
it does not exceed a basement and four other stories in
height and is occupied by not more than two families on any
story, and except that no bulkhead or scuttle, or stair or
ladder leading thereto, shall be required where the roof is
a peak roof with a pitch of more than fifteen degrees.
d. Whenever a second means of egress is required, it
shall, except as provided in paragraph f, extend from
the entrance story to the roof, and shall be located
eight feet or more from the first means of egress
unless separated therefrom by a public hall or elevator
vestibule. Such second means of egress shall be
directly accessible at each story to each apartment
without having to pass through the first means of
e. A required second means of egress shall be either a
system of outside fire-escapes, constructed and
arranged as provided in section fifty-three for fire-
escapes erected after April eighteenth, nineteen
hundred twenty-nine, a fire-stair, a fire-tower or a
connection with an adjoining dwelling as provided in
paragraph f below.
f. If the department upon the application of the owner
shall deem it feasible and so permit, the owner shall
provide, and at all times maintain unobstructed, a
first means of egress extending by means of a stair
from the street through a bulkhead to the roof and
thence from the roof of such dwelling to the roof of an
adjoining dwelling and through such adjoining dwelling
to the street and a second means of egress from each
apartment to a room on the same story or level in an
adjoining dwelling by means of a balcony. Every such
balcony shall comply with the requirements for a fire-
escape balcony, except that its minimum clear width
shall be two feet instead of three feet. If at any time
such access to the street shall in the opinion of the
department be obstructed or be otherwise unsafe the
department shall revoke the permit, and upon such
revocation the owner shall provide one of the other
types of egress permitted in this section.
g. When the department shall find it impractical to erect
an independent fire-escape and shall refuse to permit
egress by means of balconies to an adjoining dwelling,
the department may permit the erection or use of a fire-
escape to which the occupants of such dwelling have
safe, unobstructed access in common with the occupants
of an adjoining dwelling.
h. Where a required means of egress leads to a yard less
than thirty feet in depth, except as provided in
paragraph f of subdivision four of section one hundred
seventy-seven, there shall be access from such yard to
the street through a court or fireproof passage, or to
the yard or court of adjoining premises by a gate or
door through an intervening fence, or, if the
department deems such gate or door impracticable and so
certifies, by a ladder to the top of an intervening
fence or wall or by such other means as the department
2. Where a sprinkler system is required such system shall be
equipped on each story with one or more automatic sprinkler
heads with fusible struts which shall be constructed to fuse
at a temperature not higher than one hundred sixty-five
degrees Fahrenheit and all of which shall be constructed,
located and arranged in every stair and entrance hall, and
in every closet opening therefrom, in such manner as the
department may require. Such system may be attached to the
city water supply main if the normal minimum pressure
thereon, measured in pounds per square inch at the street
level at the point of connection with said main, is not less
than the number of stories in the height of the dwelling,
multiplied by five, plus fifteen. If such normal minimum
pressure is less than the required amount or such system is
not attached to the city water supply main, it shall be
supplied with water from a tank located on the roof of the
dwelling of such capacity and construction as the department
may deem necessary. Such sprinkler system shall be
maintained continuously in good repair and serviceable
Sec. 188. Bulkheads and scuttles.
Except as provided in paragraph g of subdivision three of section
one hundred seventy-one, bulkheads and scuttles shall conform to
the following provisions:
1. Every required bulkhead to and through the roof shall be
fire-proof or constructed of wood covered with metal on the
outside and fire-retarded on the inside, and shall have a
fire-retarded door and assembly with the door self-closing.
Every stair extending through a bulkhead shall have a hand
2. Every 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 stair or a stationary iron
ladder leading thereto and easily accessible to all
occupants of the dwelling. Every scuttle shall be located in
the ceiling of the stair hall on the top story and access to
the roof through the scuttle shall be direct and
uninterrupted. It shall be unlawful to enclose in any manner
the ladder or stair leading to a scuttle.
3. Every bulkhead door or scuttle shall not be self-locking and
shall be fastened on the inside with movable bolts, hooks,
or a lock which does not require a key to open from the
inside of the dwelling.
4. Where a dwelling has a peak roof with a pitch of more than
fifteen degrees, no bulkhead or scuttle, or stair or ladder
leading thereto, shall be required.
Sec. 189. Stair and public hall construction.
Except as provided in paragraph g of subdivision three of section
one hundred seventy-one, stairs and public halls shall conform to
the following provisions:
1. In a dwelling more than a basement and three other stories
in height or occupied by four families or more, the soffit
and stringers of every stair between the lowest entrance
story and the next higher story and the walls and ceilings
of every lowest entrance hall shall be fire-retarded and in
such dwellings converted on and after July first, nineteen
hundred fifty-eight, all doors opening to such entrance hall
and stairs, and the door assemblies, shall be fireproof with
the doors self-closing. In lieu of the requirements of this
subdivision, a sprinkler system may be installed in
accordance with the provisions of section one hundred eighty-
2. Every door opening from any stair, entrance hall or other
public hall to any other part of the dwelling shall be self-
closing. Every glazed transom over any such door shall be
glazed with wire glass. Every transom shall be stationary.
On and after July first, nineteen hundred fifty-seven, every
glazed panel or other glazed opening in any such door shall
be glazed with wire glass.
3. Every stair, except a basement or cellar stair, shall be two
feet six inches or more in clear width. Any wooden stair may
be replaced by an iron stair of like dimensions. Every
entrance hall shall be two feet eight inches or more in
4. If the number of rooms in a class B dwelling is increased
and there are sixteen sleeping rooms or more above a
basement or, if there be no basement, above the main
entrance story, all partitions and ceilings enclosing public
halls and stairs shall be fire-retarded throughout. All
doors opening to such public halls and stairs, and their
assemblies, shall be fireproof with the doors self-closing.
Stairs shall be fireproof and shall extend from the main
entrance story through a bulkhead to the roof.
5. On and after July first, nineteen hundred fifty-seven, every
interior sash, or opening other than a door, in the walls or
partitions of any stair, entrance hall or other public hall,
and every window therein not opening to the outer air, shall
be removed and the openings closed up with material similar
to the adjacent walls.
Sec. 190. Cellar stairs.
1. Except as provided in paragraph g of subdivision three of
section one hundred seventy-one, and except as otherwise
provided in subdivision two hereof, every stair leading from
a cellar to the floor above shall be constructed of
incombustible materials, shall have closed risers, shall be
completely enclosed with partitions of incombustible
materials and shall be equipped at the bottom with a
fireproof door and assembly with the door self-closing.
2. Every existing stair leading from a cellar to the floor
above in a converted dwelling accepted or approved by the
department on or before July first, nineteen hundred sixty
shall be deemed in compliance with this section.
Sec. 191. Wainscoting.
Wainscoting in any stair or public hall shall be removed unless
such wainscoting is backed against a fire-retarded wall or the
stair or hall is equipped with a sprinkler system conforming to
the provisions of section one hundred eighty-seven. Where
wainscoting is removed in order to fire-retard a public hall or
stair, such wainscoting may be replaced or additional wainscoting
may be applied to make the surfaces of any new partitions or
walls conform to existing partitions or walls provided such
additional wainscoting is similarly backed with fire-retarded
Sec. 192. Cellar entrance.
a. If there is a cellar, there shall be an independent entrance
thereto from outside the dwelling by means of a metal fire
ladder or fireproof stair leading to an opening in the
outside cellar wall at least two feet six inches in width
and six feet in height. Such entrance to the cellar may be
through an areaway or through a fireproof passageway leading
directly to the street. The entrance to the cellar may be
closed off with a grating or doors which shall not be locked
or bolted unless they can be readily unbolted or unlocked
from the inside without a key and shall be arranged and
constructed so as to be readily opened at all times.
b. In lieu of the requirements set forth in subdivision a
hereof, buildings existing November first, nineteen hundred
forty-nine in cities having a population between five
hundred thousand and one million may comply with the
1. shall have an unobstructed entrance through a yard or
court from a street:
(a) directly to exterior dwelling entrance with
interior entrance to basement or cellar direct
from said entrance, or from a fire retarded public
hall or stair landing, and
(b) to one or more cellar or basement walls containing
2. The stairway leading to cellar or basement shall be
enclosed with fire retarded partitions or equal
construction and shall have a minimum fire rating of
one hour. Said cellar or basement entrance shall be
equipped with a one hour self-closing fire door
Sec. 193. Frame buildings.
No frame building shall be erected or maintained upon the same
lot with a dwelling converted after April twenty-eighth, nineteen
hundred thirty, nor shall any frame building not occupied on
April thirteenth, nineteen hundred forty, as a multiple dwelling
be altered or converted to such use; except that if the walls of
a frame converted dwelling are faced with a veneer of brick and
the entrance story is occupied by not more than one family, such
entrance story may be altered so that it may be occupied by two
Sec. 194. Sprinkler heads in rooms.
1. On and after July first, nineteen hundred fifty-seven, in
every room used for class B occupancy whether in a class A
or class B non-fireproof converted dwelling, there shall be
one or more sprinkler heads. Such sprinkler heads shall be
installed in accordance with the supplementary rules and
regulations of the department. This requirement shall not
apply to dwellings which have a required second means of
2. The requirements of this section shall not apply to a
dwelling located within an area designated on the master
plan as an area suitable for development and redevelopment,
provided (a) that the agency in charge of such clearance
shall have certified to the department on or before February
first, nineteen hundred fifty-nine that the dwelling will be
demolished within one year after the service of notice of
violation and (b) that the dwelling is not in violation of
any rules and regulations relating to overoccupancy, egress
or fire protection. Such temporary exemption from the
requirements of this section may be extended for an
additional period of not more than six months upon renewal
of such certification of demolition and safety.
Sec. 200. Water-closets.
Water-closet compartments or bathrooms containing water-closets
in converted multiple dwellings shall comply with the applicable
provisions of section seventy-six.