NY-MRE Multiple Residence Law NY

Section 1. Short title. This chapter shall be known as the "multiple

residence law."

Legislative finding. It is hereby declared that intensive

occupation of multiple dwellings having three or more families,

inadequate provision for light and air, insufficient protection against

and defective provisions for escape from fire, as well as the amount of

improper sanitation existing in multiple dwellings throughout this state

are a menace to the health, safety, morals, welfare, and reasonable

comfort of its citizens; and that the establishment and maintenance of

proper housing standards requiring sufficient light, air, sanitation and

protection from fire hazards are essential to the public welfare.

Therefore the provisions hereinafter prescribed to provide more adequate

protection in the event of fire, and sufficient light, ventilation and

sanitation for certain multiple residence buildings are enacted and

their necessity in the public interest is hereby declared as a matter of

legislative determination.

Application to certain municipalities. 1. This chapter shall

apply to all cities of less than three hundred twenty-five thousand

population and to all towns and villages.

2. Whenever the word "municipality" occurs in this chapter, it shall

mean a city, town or village to which the chapter is applicable. The

words "charter," "ordinance," "resolution," "regulation," "building

code," "department of health," "department of water supply," "fire

department," "department," "board," "municipal engineer," "building

official," "corporation counsel," "municipal treasury," or "fire

limits," shall be construed as if followed by the words "or

corresponding authority of any municipality in which the dwelling or

location referred to is situated."

3. Wherever in this chapter the installation or maintenance of a fire

alarm system, fire detecting system, watchman's clock system, sprinkler

system, fire-escape system or part thereof is required or permitted,

such system or part thereof shall be constructed, installed, arranged

and maintained in a manner satisfactory to the department in accordance

with rules and regulations adopted by the commission pursuant to section

three hundred twenty-six of this chapter.

Definitions. Words and terms used in this chapter shall have the

following meanings:

1. "Alteration." Any change in the structural parts or existing

facilities of any building or the moving of any building from one

location or position to another.

2. "Apartment," or "suite." That portion of a dwelling consisting of

one or more living rooms, and occupied by the members of a family, which

group of rooms is separated from all other groups within a dwelling.

3. "Basement." A story partly below the curb level but having at least

one-half of its height above the curb level. A basement shall be counted

as a story in determining height, except as otherwise provided in this

chapter.

4. "Boarding house," "furnished room house," "rooming house," or

"tourist house." A multiple dwelling, in which there are less than

thirty sleeping rooms occupied primarily by transients who are lodged

with or without meals, and in which there are provided such services as

are incidental to its use as a temporary residence. Also a dwelling two

or more stories in height, occupied by one or two families and with five

or more transient boarders, roomers or lodgers residing with any one

family.

5. "Cellar." An enclosed space in a dwelling having more than one-half

of its height below the curb level. However, where a dwelling is set

back from the curb level in such a manner that the enclosed space in the

dwelling is above the curb level but at least one-half of its height is

below the land immediately adjacent to the dwelling, such space shall be

deemed a cellar. A cellar shall not be counted as a story.

5-a. "Child caring institutions." Institutions for the residential

care of children operated by authorized agencies as defined by the

social welfare law.

6. "Commission." The state building code commission in the executive

department of the state of New York.

7. "Converted or conversion." A change from non-dwelling or private

dwelling use to multiple dwelling occupancy after July first, nineteen

hundred fifty-two.

8. "Court." A space, other than a yard, on the same lot as a dwelling

and open to the sky. "Inner court." A court not extending to a street or

yard. "Outer court." A court extending to a street or yard.

9. "Curb level." The level of the curb at the center of the front of

the building, for the purpose of measuring the height of any portion of

a building; except that where a building faces on more than one street,

the curb level is the average of the levels of the curbs at the center

of each front. Where no curb elevation has been established the mean

level of the land immediately adjacent to the dwelling shall be

considered the curb level, unless the municipal engineer shall establish

such curb level or its equivalent.

10. "Department." The department, bureau, division, agency or person

charged with the enforcement of this chapter.

11. "Dining bay," "dining recess" or "dinette." A recess used for

dining purposes off a living room, foyer or kitchen.

12. "Dormitory." Any room occupied for sleeping purposes by five or

more persons. A "cubicle" is a small, partially enclosed sleeping space

within a dormitory, with or without a window.

13. "Dwelling." A building or structure which is occupied in whole or

in part as the home, residence or sleeping place of one or more persons.

14. "Family." One or more persons with whom there may be not more than

four boarders, roomers or lodgers all living together in a common

household. A boarder, roomer or lodger residing within the family

household is a person who pays a consideration therefor and such

residence is not an incident of employment therein.

15. "Fire alarm system." An approved system of sounding a fire alarm

or alarms installed in such a manner that it can be operated manually

from any story.

"Fire-detecting system." An approved system which automatically

detects a fire or an abnormal rise in temperature and actuates a fire

alarm.

16. "Fire-escape." A combination of outside balconies and stairs of

incombustible materials, providing an unobstructed means of egress from

a building.

17. "Fireproof." Made of incombustible materials with standard

fire-resistive ratings not less than those required for a fireproof

multiple dwelling.

18. "Fireproof multiple dwelling." One in which the walls and other

structural members are of incombustible materials or assemblies meeting

all of the requirements of the local building code for fireproof

construction, if any, and if there be none, then of the state building

construction code for fireproof construction applicable to multiple

dwellings.

19. "Fire-retarded." Covered with metal lath plastered with two or

more coats of cement or gypsum plaster or otherwise protected against

fire with materials of standard fire-resistive ratings of at least one

hour. Fireproof or fire-resistive material shall always be accepted as

meeting any requirement for fire-retarding.

20. "Fire-resistive." Covered or protected with incombustible

materials of standard fire-resistive ratings of at least one hour.

Fireproofing or fire-retarding shall always be accepted as meeting any

requirement for "fire-resistive" materials.

21. "Fire-stair." A fireproof stair, enclosed in fireproof walls,

within the body of the building which it serves, to which access may be

had only through self-closing fireproof doors.

22. "Fire-stopping." The closing of concealed draft openings with

brick or other incombustible materials to form an effectual fire barrier

between stories, and between the ceiling of the upper story and the

space under the roof.

23. "Foyer." A space within an apartment or suite used as an entrance

hall directly from a public hall.

24. "Frame dwellings." A non-fireproof dwelling of which any

structural member of its exterior walls is of wood. A structural member

shall not be deemed to include the veneer or facing of any such wall.

25. "Height." The vertical distance of a dwelling from the curb level

to the level of the highest point of the roof beams, except that in the

case of pitched roofs, it is the vertical distance from the curb level

to the mean height level of the gable or roof above the vertical street

wall. An attic not used or arranged to be used for human occupancy shall

not be considered in measuring the height of a dwelling.

26. "Hotel." A dwelling in which there are thirty or more sleeping

rooms in one building or structure occupied primarily by transients who

are lodged with or without meals; and there are provided such services

as are incidental to the use thereof as a temporary residence.

27. "Kitchen." A space, fifty-nine square feet or more in floor area,

used for cooking or warming of food.

28. "Kitchenette." A space, less than fifty-nine square feet in floor

area, used for cooking or warming of food.

29. "Living room." Any room in a multiple dwelling except:

a. A public hall, public vestibule, public room or other public part

of a dwelling;

b. A hall, corridor or passageway entirely within an apartment or

suite;

c. A foyer, the floor area of which does not exceed ten percentum of

the total floor area of the apartment or suite;

d. A kitchenette;

e. A dining bay, dining recess or dinette fifty-five square feet or

less in area;

f. A bathroom or water-closet compartment.

30. "Local building code." The building code, if any, adopted or

enacted by a city, town or village and which is in force in such city,

town or village, or in such town or portion thereof outside the limits

of any village or city, respectively, or the state building construction

code where applicable with respect thereto.

31. "Lodging house." A dwelling, other than a hotel, in which persons

are housed in a dormitory or dormitories, whether or not the space for

sleeping accommodations therein is divided into cubicles, for a single

night or for less than a week at one time.

32. "Lot." A parcel or plot of ground which is or may be occupied

wholly or in part by a dwelling, including the spaces occupied by

accessory or other structures and any open or unoccupied spaces thereon,

but not including any part of an abutting public street or thoroughfare.

a. "Corner lot." A lot of which at least two adjacent sides abut for

their full length upon streets or public places not less than forty feet

in width. Any other lot is an "interior lot." That portion of a corner

lot in excess of one hundred feet from the widest street on which the

lot abuts shall be considered an interior lot.

b. "Front of a lot." That boundary line which abuts on the street, or,

if there be more than one street abutting, on the street designated by

the owner. "Rear of a lot" is the side opposite the front.

c. "Depth of a lot." The distance from the front of the lot to the

extreme rear line of the lot. The depth of an irregular-shaped lot is

its mean depth.

d. "Lot running through from street to street." A lot where the front

and rear lines abut for their entire lengths upon streets or open public

places. When either of such lines exceeds the other in length by more

than twenty per centum, that part of the lot contiguous to the excess

length of the longer line shall be deemed an interior lot.

e. "Back to back lots." Lots or portions of lots which are on opposite

sides of the same part of a rear line common to both and the opposite

street lines on which the lots front are parallel with each other or

make an angle with each other of not more than forty-five degrees.

33. "Multiple dwelling." A dwelling which is either rented, leased,

let or hired out, to be occupied, or is occupied as the temporary or

permanent residence or home of three or more families living

independently of each other, including but not limited to the following:

a tenament, flat house, maisonette apartment, apartment house, apartment

hotel, tourist house, bachelor apartment, studio apartment, duplex

apartment, kitchenette apartment, hotel, lodging house, rooming house,

boarding house, boarding and nursery school, furnished room house, club,

sorority house, fraternity house, college and school dormitory,

convalescent, old age or nursing homes or residences. It shall also

include a dwelling, two or more stories in height, and with five or more

boarders, roomers or lodgers residing with any one family.

34. "Non-fireproof dwelling." A dwelling which does not meet the

requirements for a fireproof dwelling.

35. "Occupied" or "used." Such terms shall be construed as if followed

by the words "or arranged, designed, or intended to be occupied or

used."

36. "Owner." Owner or owners of the freehold of the premises or lesser

estate therein, a mortgagee or vendee in possession, assignee of rents,

receiver, executor, trustee, lessee, agent, or any other person, firm or

corporation, directly or indirectly in control of a dwelling.

37. "Premises." Land, improvements and appurtenances or any part

thereof.

38. "Private dwelling." A dwelling occupied exclusively for residence

purposes by one or two families and having not more than four boarders,

roomers or lodgers residing with any one family.

39. "Public hall." A hall, corridor or passageway not within any

apartment or suite of private rooms. "Public vestibule." A hall not

within any apartment or suite or private rooms providing access to a

stair or elevator and not wider than seven feet nor longer than twice

the width of the stair or elevator shaft opening upon such hall.

40. "Public part" or "public room." A space available for common usage

or used exclusively for storage purposes or for mechanical equipment of

the dwelling.

41. "Section." A part of a multiple dwelling other than an apartment

or suite, separated as a unit from the rest of such dwelling by

fireproof construction.

42. "Shaft." A space extending through one or more stories of a

dwelling connecting a series of openings therein or any story or stories

and the roof, and includes exterior and interior shafts whether for air,

light, elevator, dumbwaiter or any other purpose.

43. "Shall." The word "shall" is always mandatory.

44. "Single-room occupancy." The occupancy by one or two persons of a

single room, or two or more rooms which are joined together separated

from all other rooms within an apartment in a multiple dwelling so that

the occupant or occupants thereof reside separately and independently of

the other occupant or occupants of the same apartment.

45. "Sprinkler system." A system of piping connected to one or more

sprinkler heads with fusible struts which will be constructed to fuse at

a specified temperature so as to discharge an effective spray to cover

the area to be sprinkled. Such system may be either an automatic wet

pipe type in which all pipes and sprinkler heads are at all times filled

with water when the building is occupied, or a dry pipe system in which

the pipes and sprinkler heads are filled with air, either compressed or

at atmospheric pressure, and the water supply is controlled by a

dry-pipe valve.

46. "Stair." A flight or flights of steps including any landings and

parts of public halls through which it is necessary to pass in going

from one level to another.

47. "Stair hall." A part of a public hall through which it is

necessary to pass in going from the end of one flight of steps to the

beginning of another but shall not include an area that is also used to

provide direct ingress to and egress from an apartment or suite.

48. "Story." A space between the level of one finished floor and the

level of the next higher finished floor, or, if the top story, of the

space between the level of the highest finished floor and the top of the

highest roof beams, or, if the first story, of the space between the

level of the finished floor and the finished ceiling immediately above.

For the purpose of measuring height by stories of dwellings erected on

or after July first, nineteen hundred fifty-two, one additional story

shall be added for each twelve feet or fraction thereof that the first

story exceeds fifteen feet in height, and for each twelve feet or

fraction thereof that any story above the first story exceeds twelve

feet in height.

49. "Street wall." A wall of a building, at any level, nearest to a

street line abutting the property.

50. "Suite." That portion of a dwelling consisting of one or more

living rooms and occupied by the members of a family, which group of

rooms is separated from all other groups within a dwelling.

51. "Window dimensions." The measurements between the stop-beads or,

if there are no stop-beads, between the sides and the head and sill of

the sash opening.

52. "Yard." An open space on the same lot with a dwelling between the

extreme rear line of the lot and the extreme rear wall of the dwelling.

General application to all dwellings. Except as otherwise

specifically provided in this chapter, every multiple dwelling shall be

constructed and maintained in accordance with all applicable

requirements of this chapter and other applicable laws.

Buildings converted or altered. 1. On or after July first,

nineteen hundred fifty-two, no multiple dwelling shall be enlarged or

its lot diminished so that the yard or other unoccupied areas shall be

diminished in size or area below the minimum requirements of this

chapter.

2. A building not a dwelling, if converted on or after July first,

nineteen hundred fifty-two, to a multiple dwelling, shall thereupon

become subject to all the provisions of this chapter applicable to new

multiple dwellings of like class and kind. "Class" shall mean the use of

a multiple dwelling for either permanent or transient occupancy or both.

"Kind" shall mean the type of construction of a building, either

fireproof or non-fireproof.

3. No dwelling shall be altered or converted so as to be in violation

of any provision of this chapter relating to dwellings of like class and

kind, and, except as provided in subdivision four, a dwelling, altered

or converted to be occupied primarily for permanent-residence use, shall

comply with article three; and a dwelling converted or altered to be

occupied primarily for transient use shall comply with article four.

4. If any multiple dwelling three or more stories in height is altered

after July first, nineteen hundred fifty-three so as to increase its

height or bulk for living purposes or so as to increase the number of

living rooms by more than twenty per centum, such dwelling shall be made

to conform to the requirements of this chapter with respect to new

dwellings of like class and kind erected after such date.

5. It shall be unlawful to convert a frame dwelling to a multiple

residence, except that a frame dwelling not more than two stories and

attic in height and erected before July first, nineteen hundred

fifty-two, as a one-family or two-family residence may be converted to a

multiple dwelling for permanent occupancy by complying with article

three; and if such residence is converted to be occupied, as a rule, for

transient use, it shall comply with article four.

Dwellings damaged. If an old or other existing multiple dwelling

be damaged by fire or other cause to the extent of two-thirds or more of

its value at the time of such damage exclusive of the value of the

foundation, such dwelling shall not be repaired or rebuilt except in

conformity with the provisions of this chapter relative to new multiple

dwellings.

Old dwellings. Except as required in section nine and articles

three and four, nothing in this chapter shall be construed to require

any change in the construction, use, or occupancy of any old or other

existing multiple dwelling occupied as such on July first, nineteen

hundred fifty-two, which on such date is in compliance with the

provisions of all statutes, local laws, ordinances, rules and

regulations applicable thereto.

Uncompleted dwellings. 1. The provisions of this chapter

relating to new multiple dwellings shall not apply to any multiple

dwelling for which plans were on file with the department or a permit to

commence building was issued by the department before July first,

nineteen hundred fifty-two, or to any dwelling the plans for conversion

of which to multiple dwelling occupancy, were on file with the

department or a permit authorizing the commencement of the work of such

conversion was issued by the department before such date, provided,

however, a certificate of occupancy as required by the provisions of

section three hundred two shall be obtained therefor prior to July

first, nineteen hundred fifty-seven.

2. No provisions of any part of this section shall be deemed to

prohibit the amendment of any plans filed and approved before July

first, nineteen hundred fifty-two, if such amendment would have been

lawful before such date, or if such amendment complies with the

requirements of this chapter for alterations to buildings of like kind

existing before such date.

Prohibited uses: The storage or keeping of any combustible

gaseous material within any multiple dwelling shall be unlawful unless a

written permit therefor is issued by the department and any and all

local laws or regulations applicable thereto are complied with. The

provisions of this section shall not prevent the keeping of such

gasoline, oil or other fuel as may be contained in a tank or receptacle

of a motor vehicle stored in a space provided for automobiles in a

multiple dwelling, nor shall this section apply to gaseous material used

for the cleaning or washing of a motor vehicle so stored. Such permit

shall not be required for the keeping or storage of oil or kerosene in

quantities not exceeding five gallons at any one time for domestic

heating or cooking purposes, provided such oil or kerosene is in a

container directly connected to the heating or cooking appliances in

which it is to be used and is kept or stored in accordance with

standards of safety prescribed by the department.

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, tourist houses, lodging houses, rooming houses,

boarding houses, boarding and nursery schools, furnished room houses,

club houses, sorority and fraternity houses, college and school

dormitories, convalescent, old age and nursing homes, any dwelling which

is two or more stories in height, with five or more boarders, roomers or

lodgers residing with any one family, and any 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 multiple dwellings which are occupied for

permanent residential purposes only, other than any portion of any such

dwelling used for single room occupancy, and notwithstanding the

provisions of sections forty and one hundred seventy-four or any other

provision of this chapter, or of any other 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 multiple dwelling units as specified in paragraph

(b) of subdivision two of this section, or any portion of any 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 forty or one hundred seventy-four 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.

Multiple residence emergency information. 1. In the case of an

emergency affecting a multiple residence, the owner or agent of such

multiple residence shall provide emergency service personnel, upon the

request of such emergency service personnel, including but not limited

to local police and fire departments, with the names and contact

information of all affected residents or occupants as listed in the

lease of such multiple residence as is required to ascertain the safety

of such residents or occupants. For the purposes of this section, an

emergency shall include but not be limited to fires, gas leaks, building

collapses, natural disasters, acts of terrorism and other events where

the physical safety of residents must be accounted for by ascertaining

their whereabouts.

2. The owner or agent of such multiple residence shall update the list

of names and contact information of all affected residents or occupants

of such multiple residence upon the execution of a new lease, lease

renewal or lease amendment, or where such owner is an authority as such

term is defined in section three of the public housing law, including

all such authorities established after the first day of January,

nineteen hundred thirty-nine, upon annual recertification. Specific and

informed written consent shall be obtained by the owner or agent of the

multiple residence from each occupant or resident each time the list is

updated and no occupant's or resident's name or contact information

shall be included in such list without their specific and informed

written consent. Written notice shall be provided to the occupant or

resident about the contact list and shall include but not be limited to

that such list is maintained by the owner and the potential impact of

opting-out.

3. Such list of names and contact information shall only be maintained

for the purpose of an emergency evacuation and shall not be

disseminated, used or accessed by emergency services personnel or

disseminated, used or accessed by the owner or agent of such multiple

residence for any other purposes.

Application of article three. The provisions of this article

shall apply to all multiple dwellings existing on July first, nineteen

hundred fifty-two, and shall also apply to dwellings converted to

multiple dwelling occupancy on or after July first, nineteen hundred

fifty-two, provided, however, that this article shall not apply to

hotels and similar dwellings in any city, town or village with respect

to which the provisions of article four are applicable. The provisions

of this article shall apply in addition to and not in substitution for

the provisions of article two. Provisions of this article shall be

complied with on or before July first, nineteen hundred fifty-four.

Egress from dwellings. In every such dwelling three stories or

more in height there shall be from each story at least two independent

means of egress accessible to each apartment or suite. The first means

shall open into a public hall connected with a stair affording safe

access to a street, or to a yard, court or passageway affording

continuous, safe and unobstructed access to a street. The second means

shall be directly to a fire-escape or to an enclosed stair without

passing through the first means, except that where the first means

includes an interior stair which is closed off at each floor level by

fire-retarded construction with a fireproof self-closing door therein,

the second means may be another such interior stair or a fire-escape

directly accessible on the same story from a public hall therein whether

or not such public hall is also a part of the first means provided such

fire-escape is not a wire, chain, cable, vertical ladder or rope

fire-escape. In lieu of a second means of egress a sprinkler system may

be installed in the public halls and stairs.

Except as required by the provisions of article four of this chapter,

the second means of egress shall not be required in a multiple dwelling

of fireproof construction, six stories or less in height, erected before

July first, nineteen hundred fifty-two, if the egress arrangements

thereof complied with requirements of law applicable at the time the

dwelling was erected.

Fire-escapes. Wire, chain, cable, combustible, vertical ladder

or rope fire-escapes shall not be accepted as a required or alternative

means of egress and, unless such fire-escapes are supplemental to the

means of egress required by section twenty-six, they shall be removed

and replaced by a system of fire-escapes constructed and arranged as

provided in section one hundred thirty-three. All fire-escapes erected

on or after July first, nineteen hundred fifty-three, to serve as a

second means of egress shall be in conformity with the provisions of

section one hundred thirty-three. It shall be unlawful to remove any

fire-escape without permission from the department. Such system shall be

installed, arranged and maintained in a manner satisfactory to the

department and in accordance with rules adopted by the commission.

Stairs and entrance halls. In every such dwelling three stories

or more in height the wood wainscoting and other combustible materials

on the wall and ceiling surfaces in all halls shall be removed and

replaced with incombustible or other fire-resistive materials. In lieu

of such removal, a sprinkler system may be installed in such halls or

such wainscoting and the combustible surfaces may be treated or covered

in a manner satisfactory to the department with a surface fire-retardant

approved by the department. In such a dwelling, however, any entrance

door and every door opening into any entrance hall, stair hall, or other

public hall connected therewith, shall be self-closing. Every interior

sash, or opening other than a door, in the walls or partitions of such

halls and every window therein not opening to the outer air shall be

sealed with fire-resistive materials.

Dumbwaiter shafts. In every such dwelling three stories or more

in height the doors of all dumbwaiter shafts shall be made self-closing

and be covered on the shaft side with fire-resistive material.

Cellar ceilings. In every such dwelling three stories or more in

height the ceiling of the cellar, or of the lowest story if there be no

cellar, shall be fire-retarded, or be equipped with a sprinkler system,

unless such ceiling has already been plastered to the satisfaction of

the department.

Inside cellar stairs. Every stair leading from a cellar to the

floor above in all old multiple dwellings shall be enclosed with

fire-retarded partitions and shall be equipped with a fire-retarded

self-closing door located as the department may approve.

Artificial lighting. The owner shall provide a light or lights

in every public hall, stair and fire-stair on every floor so that every

such space shall be lighted adequately.

Repairs and cleanliness. All old multiple dwellings shall be

maintained in conformity with the provisions of section one hundred

seventy-four.

Water supply. Every such dwelling shall be provided with an

adequate supply of water obtained from the public water system or from a

source approved by the public health officer having jurisdiction.

Water closet and bath accommodations. Every water closet or

bathroom installed in such dwellings on or after July first, nineteen

hundred fifty-two, and in dwellings converted on or after such date,

shall be in conformity with the provisions of section one hundred

seventy-one.

Plumbing and drainage. Every such dwelling shall be provided

with facilities for the disposal of sewage, waterborne waste, and

excreta, and such facilities shall be connected with the public sewers,

if available and practicable; otherwise, such waste matter shall be

disposed of in a manner approved by the public health officer having

jurisdiction.

Application of article four. 1. As used in this article, the

term "transient dwellings" shall mean and include hotels, lodging

houses, boarding and nursery schools, sorority houses, fraternity

houses, college and school dormitories, convalescent, old age and

nursing homes, and dwellings used for single room occupancy. The term

"transient occupancy" shall mean the occupancy of a room for sleeping

purposes by the same person or persons for a period of ninety days or

less.

2. Except as provided in sections sixty-three and sixty-four with

respect to one and two story transient dwellings only, this article

shall apply to all transient dwellings three or more stories in height

and in existence on July first, nineteen hundred fifty-two, provided,

however, that the provisions of article two and sections fifty-three,

fifty-six and sixty-one of this article shall apply to new transient

dwellings.

3. As to such existing transient dwellings, the provisions of sections

fifty-six, sixty-one and sixty-two of this article shall be complied

with on or before July first, nineteen hundred fifty-four, and all other

sections of this article shall be complied with on or before July first,

nineteen hundred fifty-five.

Public halls and stairs. 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 dumbwaiter, elevator, and, every

other shaft, including stairs, connecting more than two successive

stories, shall be sealed off from every other portion of the dwelling

with fire-retarded materials, or, in lieu thereof, except in the case of

elevator shafts, shall be equipped with an automatic sprinkler system.

Except as provided in subdivision five of section fifty-five, nothing

contained in this article shall be deemed to exempt an interior required

means of egress from the enclosure requirements or the equipment

provided for in this section. A fire-detecting system shall not be

acceptable for any of the requirements of this section.

Storage compartments. 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 an

automatic sprinkler system or a fire-detecting system. 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 section. Where such storage

compartments are located at least thirty feet distant from such

dwelling, no sprinklers or fire-detecting system shall be required.

Kitchens and pantries. All kitchens and pantries serving

restaurants or dining rooms in a non-fireproof transient dwelling shall

be equipped with an automatic sprinkler system or a fire-detecting

system. Where such kitchens and pantries are located at least thirty

feet distant from such dwelling, no sprinkler or fire-detecting system

shall be required.

Egress. 1. In every transient dwelling to which this article is

applicable there shall be from each story at least two independent means

of egress accessible to each room, apartment or suite, except as

otherwise provided in section sixty-three with respect to two story

transient dwellings.

2. 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 not be acceptable as a required means of egress.

3. The second means of egress shall be by an additional enclosed

stair, conforming to the provisions of subdivision two of this section,

a fire-stair 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 fire-retarded as

provided in section fifty-two or protected by a sprinkler system; in a

fireproof dwelling only that part of the hall or corridor leading to

such stair enclosure need be so protected.

4. Where it is impractical in such existing transient dwellings to

provide a second means of egress, the department may order, in lieu of

the second means of egress, 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 an automatic sprinkler

system, and, in non-fireproof dwellings, may also require automatic

sprinkler heads in the stair which serves as the only means of egress.

5. 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.

6. A stair, fire-stair or fire-escape supplementary to the egress

requirements of subdivisions two, three and four of this section 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 fire-detecting system shall not be acceptable for any of the

requirements of this section.

8. In lieu of enclosing stairways as required by subdivisions two and

three of this section, an automatic sprinkler system may be provided on

such stairs.

9. All fire-escapes erected on or after July first, nineteen hundred

fifty-three, in compliance with this section, shall be arranged,

constructed and maintained in accordance with the provisions of section

one hundred thirty-three. Such system shall be installed, arranged and

maintained in a manner satisfactory to the department and in accordance

with rules adopted by the commission. It shall be unlawful to remove any

fire-escape without permission from the department.

Exit and directional signs. 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, 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. 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 section. Supplementary stairs, fire-stairs 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 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.

Posting of means of egress in hotels and motels. On each floor

of every hotel or motel having two or more stories where the rooms or

suites 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.

Vertical and horizontal openings. In order to prevent the

vertical and horizontal spread of fire, smoke and gases, it shall, in

addition to other applicable provisions of this article, be necessary to

comply with the requirements of this section.

1. All doors opening from shafts, stair halls or stairs and the door

assemblies shall be fire-retarded with the doors self-closing and

without transoms or any other opening. Except in the case of elevator

shafts, such shafts, stair halls or stairs may be protected by an

automatic sprinkler system in lieu of fire retarding.

2. All other doors opening upon entrance halls or other public halls

or corridors in every part of the dwelling shall be self-closing, except

where such dwelling is equipped throughout with an approved type

automatic sprinkler or fire-detecting system. 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.

3. Every existing interior glazed sash, window or opening, other than

a door, or a fireproof sash, window or opening glazed with wire glass,

in any partition forming required enclosures around stairs or shafts

shall be removed and the openings closed up and fire-retarded.

Cellar ceiling. The ceiling of the cellar shall be fire-retarded

or be equipped with a sprinkler system, or the entire cellar shall be

equipped with a fire-detecting system. Any room within the dwelling in

which a boiler or furnace is used for generating heat or hot water to

service the dwelling 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 a sprinkler system, or the room shall

be equipped with a fire-detecting system.

Ventilation for shafts. 1. There shall be provided in the roof

directly over each stair, fire-stair, dumbwaiter, elevator or similar

shaft which extends to or within one story of a roof, a ventilating

metal skylight 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

subdivision, 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.

2. Whenever there is a flooring of solid construction at the top of

any enclosed stair, fire-stair, 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.

3. 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.

Bulkheads and scuttles. 1. There shall be a fire-resistive

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 dwellings not exceeding three stories and a basement 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.

2. 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.

3. A bulkhead door or scuttle shall never be locked with a key, but

may be fastened on the inside with movable rustproof bolts or hooks.

All key locks shall be removed.

4. Bulkheads and stairs leading thereto existing on July first,

nineteen hundred fifty-two, shall be permitted provided the stairs have

such angle of ascent and treads of such dimensions as may be approved by

the department.

Fire alarm system; watchman. 1. Except as provided in

subdivision three, in every transient dwelling containing thirty or more

sleeping rooms for transient occupancy, there shall be an interior fire

alarm system.

2. Except as provided in subdivision three, in every fireproof

transient dwelling containing fifty or more sleeping rooms for transient

occupants, and in every non-fireproof transient dwelling containing

thirty or more such rooms, when thirty-five per centum or more of such

rooms are occupied, there shall be, in addition to the interior fire

alarm system, one or more watchmen or clerks, employed by the owner,

whose duty it shall be to visit every portion of the dwelling at

frequent regular intervals between the hours of eleven p.m. and seven

a.m. 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 movement of such watchman.

3. Where throughout such dwelling a fire-detecting system, or an

approved type automatic sprinkler system is provided which actuates a

fire alarm by the flow of water through such system so as to give

warning to all the occupants of the dwelling, and is installed in a

manner satisfactory to the department in conformity with rules and

regulations adopted by the commission, the provisions of subdivisions

one and two shall not be applicable.

Miscellaneous provisions. 1. An existing sprinkler installation,

fire alarm, watchman's clock or fire-detecting system which has been

approved or accepted by the department having jurisdiction and installed

before July first, nineteen hundred fifty-two, in conformity with rules

and regulations adopted by the commission, shall, after inspection by

the said department, be deemed to be in compliance with the requirements

of this chapter.

2. Where a sprinkler system is required by this article, such system

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.

3. In furnace, boiler, laundry rooms and other parts of the dwelling

where high temperature usually prevails, sprinkler heads may fuse at a

higher temperature. Where such rooms are located at least thirty feet

distant from such dwelling, no sprinklers shall be required.

4. Except as otherwise provided in sections fifty-two and fifty-five,

an approved fire-detecting system shall be accepted as meeting any

requirement for a sprinkler system under this article.

Two story transient dwellings. 1. All nursing and convalescent

homes, homes for the aged, and boarding and nursery schools, two stories

in height, shall conform with all of the provisions of article four.

2. Except as provided in subdivision one of this section, the only

provisions of article four which shall apply to two story transient

dwellings in existence on July first, nineteen hundred fifty-two, shall

be sections sixty, sixty-one, sixty-five, title two and the following:

a. Every such transient dwelling shall have at least two means of

egress. The first means of egress shall be by an interior stair closed

off at the top or bottom. The second means of egress shall be by an

additional interior stair closed off at the top or bottom or a fire

stair or fire escape. A second means of egress shall not be required in

a dwelling containing less than thirty sleeping rooms if the sill of the

second story window does not exceed fourteen feet in vertical height

above the ground or other safe landing place immediately below such

window sill.

b. Where it is impractical in such transient dwellings to provide a

second required means of egress, the department may order, in lieu

thereof, additional alterations to the first means of egress and to

shafts, stairs and other vertical openings to safeguard the occupants of

the dwelling, may require the public halls providing access to the first

means of egress to be equipped on both stories with an automatic

sprinkler system, and may also require automatic sprinkler heads in the

stair which serves as the only means of egress.

c. Where two means of egress are required by this section and one is

an ornamental stair, the provision for closing off the stair at top or

bottom shall not be applicable to the ornamental stair.

One story transient dwellings. The only provisions of article

four which shall apply to one story transient dwellings in existence on

July first, nineteen hundred fifty-two, shall be sections sixty,

sixty-one, sixty-five and title two.

Artificial lighting. The owner shall provide a light or lights

in every public hall, stair and fire-stair on every floor so that every

such space shall be lighted adequately.

Repairs and cleanliness. Every transient dwelling shall be

maintained in conformity with the provisions of section one hundred

seventy-four.

Water closet and bath accommodations. Every water closet or

bathroom installed in transient dwellings on or after July first,

nineteen hundred fifty-two, and in transient dwellings converted on or

after such date shall be constructed in conformity with the provisions

of section one hundred seventy-one.

Water supply; plumbing and drainage. Every such dwelling shall

comply with the provisions of sections forty-one and forty-three.

Application of article five. All the provisions of this article

shall apply to every multiple dwelling of permanent or transient

occupancy erected on or after July first, nineteen hundred fifty-two,

and shall apply in addition to and not in substitution for the

provisions of article two, articles six or seven, and in the case of

transient dwellings, sections fifty-three, fifty-six, and sixty-one of

article four.

Height and bulk. The height and bulk of any new multiple

dwelling shall be in accordance with the provisions of any applicable

local law, ordinance, resolution, code provision or regulation.

Yards and courts. Yards and courts in connection with any such

multiple dwelling shall be in accordance with the provisions of any

applicable local law, ordinance, resolution, code provision or

regulation.

Lighting and ventilation of rooms. 1. Except as in this section

and in sections one hundred five, one hundred seventy-one and articles

three and four otherwise expressly provided, every living room shall

have at least one window opening directly upon a street, yard or court

upon the same lot as that occupied by the dwelling in which such room is

situated.

2. Nothing in this section shall be construed as prohibiting the

windows of any room from opening on a partially-enclosed terrace

provided such terrace opens directly to a street, yard or court and the

area of the front of the terrace which is open to the outer air is at

least equal to seventy-five per centum of the floor surface area of the

terrace.

3. No required window shall open upon any offset or recess less than

six feet in width except a window of a water-closet compartment,

bathroom, or stair or of a kitchenette.

4. The total window area in every living room shall be at least

one-tenth of the floor surface area of such room.

Size of rooms. 1. Every living room, except kitchens, shall

contain at least eighty square feet of floor space and shall be not less

than eight feet in its least horizontal dimension. However, in every

permanently occupied dwelling, one living room in each apartment or

suite shall have at least one hundred thirty-two square feet of floor

space.

2. Every living room shall be at least seven and a half feet high, the

measurements in all cases to be taken from the finished floor to the

finished underside of the ceiling. Beams crossing the ceiling may be

disregarded if none of them extends below the ceiling more than six

inches.

Cooking spaces. 1. Every space which is intended, arranged or

designed for cooking or warming of food shall be either a kitchen or

kitchenette.

2. A kitchen or kitchenette shall be unlawful unless it is

constructed, arranged and maintained in compliance with the following

applicable provisions:

a. The ceiling and walls, exclusive of doors, of all kitchenettes

shall be fire-retarded or in lieu thereof such space shall be equipped

with one or more sprinkler heads to fuse at a temperature not higher

than two hundred twelve degrees Fahrenheit. Such heads shall be

connected to the water supply through a pipe of adequate size.

b. In every kitchen and kitchenette, all combustible material

immediately underneath or within one foot of any apparatus used for

cooking or warming of food shall be fire-retarded or covered with

fire-resistive material.

c. Every kitchenette shall be provided with a window opening upon a

street or upon a yard, court or shaft. Such window shall be at least one

foot wide, have a total area of at least three square feet and be at

least ten per centum of the superficial floor area of such kitchenette.

In lieu of such window, in such kitchenette it shall be lawful to

install a system of mechanical or gravity ventilation to provide at

least six changes per hour of the air volume of such kitchenette.

d. Every kitchenette may be equipped with a door or doors, provided

the lower portion of each such door has a metal grille containing at

least forty-eight square inches of clear openings or, in lieu of such a

grille, there are two clear open spaces, each of at least twenty-four

square inches, one between the floor and each such door, and the other

between the top of each such door and the head jamb.

Rooms in cellars. It shall be unlawful to occupy all or any

part of a cellar for sleeping purposes, but all or part of such cellar

may be used for storage or other general utility purposes accessory to

the occupancy, use or management of the dwelling.

Entrance doors. Every door giving access to an entrance hall

from outside the dwelling shall contain at least five square feet of

glazed surface. Every such door shall open outwardly. The width of every

such door shall be at least forty-four inches. However, when double

doors are provided each of the doors separately shall be at least two

feet six inches.

Windows and skylights for public halls and stairs. 1. Where a

window or windows are required to light a public hall or part thereof,

at least one of such windows shall be not less than two feet six inches

wide and five feet high. Every required window in such a hall shall open

upon a street, yard or court. On the top story of such a dwelling a

ventilating skylight of the same dimensions shall be accepted in lieu of

a window for that story.

2. There shall be in the roof, directly over each required stair and

fire-stair a ventilating skylight provided with louvres or ventilators

having a minimum open area of forty square inches. The roof of every

such skylight shall be glazed with plain glass and equipped with

suitable metal screens above and below. The glazed area of every such

skylight shall be at least twenty square feet, except that in such a

dwelling or section thereof two stories or less in height the glazed

area of such a skylight need be only nine square feet. In lieu of a

skylight, a window of the same area as prescribed in subdivision one may

be provided. If such a window is used in lieu of a skylight, fixed

louvres having a minimum opening of forty square inches shall also be

installed in or directly adjacent to such window.

3. When any stair, fire-stair or fire-tower in such a dwelling

terminates at the level of a setback of an outer wall and such setback

consists of a terrace at least four feet in width, measured between the

inside of the parapet wall and the wall of the dwelling and at least ten

feet in length, measured parallel to the wall of the dwelling, there may

be provided in lieu of such skylight a fireproof door and assembly with

the door self-closing giving access from such stair or fire-stair to

such terrace. Such door shall have a panel at least five square feet in

area glazed with wire glass and shall be equipped with louvres having a

minimum open area of forty square inches.

Artificial lighting. The owner shall provide a light or lights

in every public hall, stair and fire-stair on every floor so that every

such space shall be lighted adequately.

Entrance halls. Every entrance hall shall be at least three

feet eight inches in clear width from the entrance to the first stair.

If such an entrance hall is the only entrance to more than one required

stairs, the width of such hall shall be increased in every part, for

each such additional flight of stairs, by one-half the width required

for one flight of stairs.

Shafts, elevators and dumbwaiters. Every shaft shall be

enclosed on all sides with fireproof walls and shall have fireproof

doors and assemblies at all openings, with the doors self-closing. Not

more than three elevators or dumbwaiters shall ever be placed in the

same shaft. All dumbwaiter doors shall be fastened by an interior lock

in the shaft operated and controlled from a central point. The doors of

every elevator shaft shall be provided with an automatic device to

prevent the normal operation of the elevator unless the hoistway door at

which the car is standing is closed and locked, or unless all hoistway

doors are locked in a closed position. Such doors, except for

power-operated sliding doors, shall have a vision panel of wire glass

not exceeding one square foot in area. Every elevator shall be equipped

with a gate or door with an automatic device to prevent the normal

operation of such elevator unless such gate or door is closed.

Stairs. Every interior and exterior stair and fire-stair shall

be provided with proper balustrades and handrails. Every such stair and

fire-stair three feet eight inches or more in width shall be provided

with a handrail on each side. Each tread, exclusive of nosing, shall be

not less than nine and one-half inches wide; each riser shall not exceed

seven and three-quarter inches in height; and the product of the number

of inches in the width of the tread and the number of inches in the

height of the riser shall be at least seventy and at the most

seventy-five. Winding stairs shall be unlawful in any public part of the

dwelling.

Fire-escapes. 1. Every fire-escape shall be located, arranged,

constructed and maintained in accordance with the following provisions:

a. Each fire-escape shall be accessible to one or more exterior doors

or windows opening from the room, apartment or suite, and such window or

door shall be two feet or more in clear width and two feet six inches or

more in clear height. The sill of any such window shall be within three

feet of the floor.

b. Access to any fire-escape shall not be through any public toilet,

or be obstructed by any bathroom fixture, kitchen fixture, sink, or in

any other way. Bars, grilles, gates or other obstructing devices on any

window or door giving access to any fire-escape shall be unlawful. A

required fire-escape shall never include a window of a stair hall or

public stairs.

c. Every fire-escape shall be constructed of open balconies and

stairways of incombustible material and designed to support a uniformly

distributed live load of at least eighty pounds per square foot. The use

of cast iron in the construction of fire-escapes shall be unlawful.

d. No fire-escape shall be removed from or erected upon any multiple

dwelling without a permit from the department. No fire-escape shall be

removed or replaced unless a secondary means of egress is available or

provided in lieu thereof.

2. a. Every balcony for a fire-escape shall be three feet or more in

clear width.

b. Every lowest balcony more than five feet above a safe landing

beneath shall have a drop ladder fifteen inches in width and of

sufficient length to reach such landing. Such ladder shall be held in a

proper position at all times, and, unless properly counterbalanced,

shall be placed in guides so that it can be lowered easily. The lowest

balcony shall not be more than fourteen feet above the ground or safe

landing place beneath.

c. Every stairway shall be placed at an angle of sixty degrees or less

with steps at least six inches in width and twenty inches in length and

with a maximum rise of nine inches. The opening in any balcony for such

a stairway shall be at least twenty-one by twenty-eight inches.

d. A stairway shall be provided from every balcony on the top story to

the roof of a multiple dwelling three or more stories in height except

where the roof is sloped or pitched in excess of fifteen degrees.

Cellar entrance. There shall be a direct entrance to the

cellar, or to the lowest story if there be no cellar, from the outside

of every multiple dwelling, except that any stair leading to such cellar

or lowest story may be located inside the dwelling provided it is

enclosed in fireproof walls and fireproof doors and assemblies, with the

doors self-closing, at both the level of such cellar or lowest story and

that of the story above.

Frame buildings. It shall be unlawful to erect a frame multiple

dwelling exceeding two stories in height.

Motor vehicle storage. A space or a structure may be provided

and maintained in any multiple dwelling or upon the premises thereof for

the storage of passenger motor vehicles but only with a written permit

therefor from the department and in accordance with every applicable

local law, ordinance, resolution, code provision or regulation and the

rules and regulations of the commission.

Business uses. When business is conducted in a non-fireproof

multiple dwelling, the ceiling of the business space shall be covered

with fire-resistive materials or be equipped with a sprinkler system.

Parapets and guard railings. Except as hereinafter provided

every open area of a roof, terrace, areaway, outside stair, retaining

wall or porch shall be protected by a parapet wall, a guard railing, or

both, extending three feet six inches or more in height above the level

of such area or, in the case of a stair landing, stair window or window

in a public hall, above the level of the floor adjacent thereto. In

dwellings two stories in height, it shall be sufficient if the guard

railing is erected at least five feet distant from and encloses any

required bulkhead or scuttle opening to the roof. This section shall not

apply to dwellings one story in height.

Boiler rooms. In every dwelling the boiler or furnace of a

central heating plant shall be enclosed in a fireproof room or space and

all openings therefrom to other portions of the dwelling shall be

equipped with fireproof doors and assemblies with the doors

self-closing, except that in any dwelling three stories or less in

height, such room or space may in the alternative be enclosed with walls

or partitions constructed of fire-resistive materials and the ceiling

fire retarded.

Water supply. The owner shall provide proper appliances to

receive and distribute in such dwelling an adequate supply of water

obtained from the public water supply system or from a source approved

by the public health officer having jurisdiction at all times when the

building is occupied and during all hours and hot water between six

o'clock in the morning and midnight.

Water-closet and bath accommodations. 1. Every dwelling

arranged for permanent occupancy shall contain a water-closet in every

apartment.

2. The floor of every compartment, bathroom or general toilet room

shall be made waterproof and such waterproofing shall extend six inches

or more above the floor so that the floor can be washed or flushed out

without leaking. No plumbing or plumbing fixture shall be enclosed

wholly or in part with woodwork.

3. Water-closets may be placed together in a general toilet room

provided such water-closets are supplementary to the water-closet

accommodations required for the exclusive use of tenants of the

dwelling, or are solely for the use of business portions of the

dwelling.

4. Every apartment arranged for permanent occupancy shall contain a

bath or shower accessible from every bedroom without passing through any

other bedroom. In dwellings arranged for transient occupancy there shall

be at least one shower or bath for every eight resident occupants.

5. Except as specifically provided otherwise in this chapter, every

water-closet compartment and bath or shower room shall have a window

opening upon a street or upon a lawful court or yard.

6. In lieu of a required window or skylight, it shall be lawful to

install a system of mechanical or gravity ventilation for water-closet

compartments or bathrooms in any portion of a dwelling. Such system of

ventilation shall be constructed, arranged and maintained continuously

to provide at least four changes per hour of the air volume of each such

water-closet compartment or bathroom.

Plumbing and drainage. All liquid or water-borne waste from

plumbing fixtures shall be conveyed by a house drain and house sewer to

a street sewer or to a combined street storm water main and sewer,

unless no such sewers are available. Where neither kind of sewer is

available, provision shall be made for disposing of such waste as may be

permitted pursuant to article five of the public health law and as

required by local law or ordinance.

Heating. Every new dwelling shall be provided with heat in all

living rooms sufficient to maintain the minimum temperatures required by

local law, ordinances, rules or regulation, or by the local public

health officer, provided, however, that such minimum temperature shall,

notwithstanding the provisions of subdivision one of section three

hundred twenty-nine of this chapter, be sixty-eight degrees Fahrenheit

during the hours between six o'clock in the morning and ten o'clock in

the evening during the months between October first and May

thirty-first, whenever the outdoor temperature falls below fifty-five

degrees Fahrenheit.

Repairs and cleanliness. The owner shall keep all and every

part of a dwelling and the lot on which it is situated in good repair,

clean and free from vermin, rodents, dirt, filth, garbage or other thing

or matter dangerous to life or health; but the tenant shall also be

liable if a violation is caused by his own wilful act, assistance or

negligence or that of any member of his family or household or his

guests.

Application of article six. The provisions of this article

shall apply only to fireproof new multiple dwellings of permanent or

transient occupancy, and shall apply in addition to and not in

substitution for the provisions of articles two and five, and in the

case of transient dwellings, sections fifty-three, fifty-six, and

sixty-one of article four.

Requirements for fireproof construction. 1. Every new multiple

dwelling exceeding six stories or seventy-five feet in height shall be

fireproof.

2. The foregoing requirements shall not be construed as prohibiting:

a. Elsewhere than within, or in the openings to, the public halls,

stairs and shafts, the use of wood for sleepers, grounds, nailing

blocks, underflooring, finish flooring, interior doors with their

assemblies and saddles, floor base not more than one foot in height,

picture and wall moulding, shelving, closet and kitchen fixtures,

cupboards, cabinets and wardrobes.

b. The use of wood for window and for interior trim and finish backed

solidly against, or filled with, incombustible material and elsewhere

than within, or in the openings to, the public halls, stairs and shafts.

Egress from dwellings. 1. Nursing and convalescent homes, homes

for the aged and boarding and nursery schools, two stories in height

erected after July first, nineteen hundred fifty-seven, child caring

institutions, two stories in height erected after July first, nineteen

hundred sixty-two, and all dwellings three or more stories in height

shall have at least two fire-stairs. Except as otherwise specifically

provided in subdivision four, such fire-stairs shall extend from the

entrance story to the roof and be equipped with fireproof self-closing

doors glazed with wire glass and without transoms. No windows shall be

required in such stairs, but any openings in exterior walls, except any

window openings facing a street or yard, shall be equipped with

fireproof frame and sash and glazed with wire glass.

2. Every such fire-stair shall have an entrance on the entrance story

from a street or an entrance at the side or rear of the dwelling from a

yard, court or passageway having continuous, safe and unobstructed

access to a street. Every required stair and stair-landing shall be at

least three feet eight inches in clear width.

3. There shall be horizontal access from every apartment to at least

two fire-stairs, at least one of which shall be within one hundred feet

horizontally in the line of travel from a required means of egress from

such apartment.

4. A dwelling as a rule transiently or temporarily occupied, in which

at least eighty per centum of the living rooms above the second story

open directly upon a public hall without any intervening foyer or

private hall, shall have at least two fire-stairs accessible at each

story from each room through a public hall. Such fire-stairs shall be so

located that at least one fire-stair shall be not more than one hundred

twenty-five feet along the line of travel from the means of egress from

any living room. Every such fire-stair shall have a clear width of at

least three feet eight inches. Two such fire-stairs shall be deemed

adequate for seventy living rooms on any story.

5. Nursing and convalescent homes, homes for the aged, and boarding

and nursery schools, one story in height, erected after July first,

nineteen hundred fifty-seven, and child caring institutions, one story

in height, erected after July first, nineteen hundred sixty-two, shall

have at least two means of egress from the dwelling accessible to every

apartment providing free and unobstructed egress by a door opening to

the outer air.

Egress from apartments. 1. There shall be at least one means of

egress from each apartment or suite on each and every story of such

apartment or suite, and a second means of egress if the first means is

not within forty feet of every living room in such apartment or suite on

such story.

2. No means of egress from any apartment or suite shall open into any

stair or fire-stair required under the provisions of this section except

through a vestibule or public hall.

Bulkheads. Every stair and fire-stair required by this chapter

to extend to the level of the roof shall extend to and through a

fireproof bulkhead or other fireproof enclosure in such roof. Such

bulkhead or enclosure shall give unobstructed access at all times to

such roof by means of a fireproof door and door assembly with the door

self-closing. Stairs to a bulkhead or enclosure shall have a handrail.

Where the roof of a dwelling is pitched or sloped more than fifteen

degrees, no bulkhead or stairs leading thereto shall be required.

Separation and ventilation of stairs. 1. All stairs and

fire-stairs shall be completely separated from one another and from

every elevator or other shaft by fireproof walls. They shall be

constructed of fireproof material throughout and shall contain no wood

or other inflammable material of any kind, except that handrails of

hardwood may be provided.

2. Access to stairs and fire-stairs from any public vestibule or other

public hall shall be through fireproof doors and assemblies, with the

doors self-closing and at least three feet wide, or through pairs of

such doors at least four feet wide, containing in either case a fixed

sash glazed with wire glass at least one-quarter inch thick and at least

three hundred sixty square inches in area.

3. At the highest level of every stair and fire-stair there shall be

provided a window or a skylight. At such termination, there shall also

be an opening of at least one hundred forty-four square inches which

shall communicate directly to the outer air, which opening may be a part

of such window or skylight. Except as herein provided, such skylight

shall ccomply with the provisions of subdivision two of section one

hundred eight.

Cellar and basement stairs. All inside cellar or basement

stairs shall be entirely enclosed with fireproof walls and be provided

with fireproof doors and assemblies, with the doors self-closing, at all

openings.

Public halls. 1. Every public vestibule or other public hall

shall comply either with the applicable provisions of section two

hundred fifty-eight for non-fireproof dwellings, or with all of the

following provisions:

a. Every such public vestibule or hall shall be everywhere at least

three feet eight inches in clear width and shall be separated from all

other parts of the dwelling by fireproof floors and walls.

b. All openings from such a public vestibule or hall to stairs,

fire-stairs, shafts, apartments or suites shall be protected by

fire-proof doors and assemblies, with the doors self-closing, except

that such doors and assemblies shall not be required in any transiently

or temporarily occupied fireproof dwelling for any apartment consisting

of one room opening directly upon a public hall.

c. Such a public vestibule or hall shall not be required to have a

window, but if it does not have a window opening to the outer air it

shall be equipped for artificial lighting and ventilation.

d. Any part of a public hall that is shut off from any other part of

such hall by a door or doors shall be deemed a separate hall.

Interior water-closets and bathrooms. 1. Except as otherwise

provided in this section, water-closets, bath and shower rooms may be

ventilated by windows or mechanically ventilated as prescribed in

section one hundred seventy-one.

2. In transiently occupied dwellings there shall be on each story at

least two water-closet compartments for the first twenty living rooms or

fraction thereof and at least one additional water-closet compartment

for each additional fifteen living rooms or fraction thereof.

a. The water-closet compartments on each story shall be accessible

from every such living room on the story. Such water-closet compartments

may be placed in one or more general toilet rooms.

b. Every water-closet compartment of a general toilet containing

water-closet compartments permitted under this subdivision shall have a

window opening to the outer air of the dimensions, kind and location

required in a living room of the same area by section one hundred three,

or be provided with a system of mechanical ventilation as prescribed in

subdivision six of section one hundred seventy-one.

Application of article seven. The provisions of this article

shall apply only to non-fireproof new dwellings of permanent or

transient occupancy, and shall apply in addition to and not in

substitution for the provisions of articles two and five, and in the

case of transient dwellings, sections fifty-three, fifty-six, and

sixty-one of article four.

Height limitation. A dwelling not exceeding seventy-five feet

or six stories in height may be non-fireproof construction.

Sub-curb uses. In all portions of such dwellings below the

level of the highest curb all structural members, partitions, furrings

and ceilings shall be constructed of incombustible materials.

Construction of first floor. The first floor above the lowest

cellar, or, if there be no cellar, above the lowest story, shall be

fireproof or, if the dwelling be three stories or less in height,

fire-retarded.

Egress from dwellings. 1. Nursing and convalescent homes, homes

for the aged and boarding and nursery schools, two stories in height

erected after July first, nineteen hundred fifty-seven, child caring

institutions, two stories in height, erected after July first, nineteen

hundred sixty-two and all dwellings three or more stories in height

shall have at least two means of egress and, except as otherwise

provided in the case of a pitched or sloped roof, shall extend to the

roof from an entrance story, street, court or yard. The entrances to

such means of egress at every story shall be at least fifteen feet

distant from each other unless they are on opposite sides of a public

hall. One means of egress shall be a stair constructed as provided in

section two hundred fifty-seven. The other means of egress shall be

either another such stair or a fire-stair or a fire-escape constructed

as provided in section one hundred thirty-three.

2. If the number of living rooms on any story, or in any section of

any story, above the entrance story exceeds twenty, there shall be an

additional stair or a fire-stair extending from the entrance story to

the roof for each twenty rooms or fraction thereof on such story or

section thereof in excess of twenty, except that no additional stair

shall be required for such excess on any story or section thereof if the

number of living rooms thereon does not exceed thirty and if in addition

one stair serving such story or section and every entrance hall or other

public hall connected therewith is everywhere four feet six inches or

more in clear width.

3. There shall be accessible from every apartment two means of egress

from the dwelling, one of which shall be an enclosed stair complying

with the provisions of section two hundred fifty-seven within fifty feet

from a means of egress from such apartment.

4. Nursing and convalescent homes, homes for the aged, and boarding

and nursery schools, one story in height, erected after July first,

nineteen hundred fifty-seven, and child caring institutions, one story

in height, erected after July first, nineteen hundred sixty-two, shall

have at least two means of egress from the dwelling accessible to every

apartment providing free and unobstructed egress by a door opening to

the outer air.

Egress from apartments. 1. A dwelling three or more stories in

height shall have at least two means of egress from every apartment or

suite. Such means shall be remote from each other. Except where it opens

into a stair as permitted in subdivision three, one means shall be to a

public hall connecting with an enclosed stair or fire-stair not more

than fifty feet distant from such means. The other required means of

egress shall open either directly upon a fire-escape or a public

vestibule or other public hall connecting with a stair or fire-stair.

2. Except as hereinafter provided for dwellings two stories or less in

height, such vestibule, hall or stair shall be separated from the public

hall or stair, on which the first means of egress opens, by a fireproof

wall, unpierced except by a fireproof door and assembly with the door

self-closing. In a dwelling two stories or less in height, the

separating wall may be fire-retarded.

3. In a dwelling three stories or less in height and occupied by four

families or less on each story, and in any section of a permanently

occupied dwelling which is two stories or less in height and occupied by

four families or less on each story, a means of egress from an apartment

may open directly into a stair without the intervention of a public

hall. Such means shall have a fireproof door and assembly with the door

self-closing and without a transom.

Bulkheads and scuttles. 1. Every required stair and fire-stair

in a dwelling three stories or more in height shall have a bulkhead

constructed as provided for fireproof dwellings in section two hundred

four.

2. A dwelling which is two stories or less in height shall be provided

at each required stair or fire-stair either with such bulkhead or with a

scuttle at least two feet by three feet in size, located in the ceiling

of the public hall on the top story. Every such scuttle shall be

arranged to be readily opened, shall be covered on the outside with

metal and shall be provided with stairs or a stationary metal ladder

leading thereto and easily accessible to all the occupants of the

dwelling.

3. When the roof of a dwelling is pitched or sloped more than fifteen

degrees, no bulkhead or scuttle, or stair or ladder leading thereto,

shall be required.

Public stairs. 1. Every stair and fire-stair shall, except as

otherwise provided in subdivisions three and four of this section and in

section two hundred fifty-nine, be constructed as provided for

fire-stairs in sections two hundred two and two hundred five for

fireproof dwellings.

2. Every stair and fire-stair shall be at least three feet in clear

width throughout, and at all floor levels shall have landings at least

three feet eight inches in clear width.

3. Every stair and fire-stair shall be completely separated from every

other stair and fire-stair and from every public hall and shaft by

fireproof walls, with fireproof doors and assemblies, with the doors

self-closing and without transoms, at all openings, except that in

dwellings two stories or less in height such walls may be fire-retarded.

The doors giving access to such stairs shall not be held open by any

device whatever.

4. Except in the case of an interior enclosed stair separated from and

directly accessible to the public hall by a self-closing fireproof door

and except as provided in subdivision five, there shall be provided to

light and ventilate every stair at every story a window or windows

opening on a street, court or yard.

5. In a dwelling occupied by two families or less on every story:

a. If such dwelling is three stories or less in height, there may be

provided for any stair, in lieu of windows, a stairwell sixteen inches

or more in clear width extending from the entrance story to the roof.

b. If such dwelling is a permanently occupied dwelling and is two

stories or less in height, there may be provided for any stair, in lieu

of windows, a stairwell six inches or more in clear width. For the

purposes of this paragraph, a section of a permanently occupied dwelling

may be deemed a separate multiple dwelling.

c. If such dwelling is two stories in height and has no public hall on

the first story, no stairwell or stair windows need be provided.

Public halls. 1. Every public hall shall be everywhere at least

three feet in clear width.

2. Except as herein provided, every public hall shall be completely

enclosed with fireproof floor, ceiling and walls, and separated from

every stair by fireproof partitions or walls, and all doors and their

assemblies opening therefrom shall be fireproof, with the doors

self-closing and without transoms. In a dwelling three stories or less

in height occupied by not more than four families on each story, or in a

permanently occupied dwelling or any section thereof two stories or less

in height, any such hall which furnishes access to only one stair need

not be separated from such stair by any partition or door and the walls

of a public hall may be fire-retarded and the floors may be provided

with three inches or more of incombustible materials between the beams.

3. Except in dwellings three stories or less in height and occupied by

two families or less on every story, every public hall shall have at

least one window opening directly upon a street or upon a lawful yard or

court. There shall be such a window at the end of such hall and at right

angles to its length, with an additional window in each forty feet of

hall or fraction thereof beyond the first sixty feet from such end

window; or the hall shall have one window opening directly upon a

street, yard or court, in every forty feet of the length of such hall or

fraction thereof measured from one end of the hall. Any part of a public

hall that is shut off from any other part of such hall by a door or

doors shall be deemed a separate hall.

4. The foregoing provisions of this section with regard to lighting

and ventilation shall not apply to a vestibule or other public hall

which serves as a means of access from one or more apartments opening

thereon to a fire-stair meeting the requirements of section two hundred

two if such vestibule or public hall is lighted and ventilated as

required by sections one hundred nine and two hundred seven.

Cellar and basement stairs. A cellar or basement stair located

inside the dwelling shall be entirely enclosed with fireproof walls and

be provided, at all openings, with fireproof doors and assemblies, with

the doors self-closing, except that in any dwelling three stories or

less in height, such stair may be enclosed with walls or partitions

constructed of fire-resistive materials.

One and two-story frame dwellings; area limitation. A frame

dwelling not exceeding two stories in height erected pursuant to plans

filed after April first, nineteen hundred fifty-nine, and containing an

area greater than three thousand square feet must, in addition to any

other applicable provisions of this article, comply with the following

provisions:

1. Fire-stopped partitions shall be constructed between apartments in

such dwelling so as to prevent the passage of fire, smoke or gases from

one apartment to another.

2. No section of such dwelling shall contain more than three thousand

square feet. Each such section shall be separated from all other

sections of the dwelling by fire walls of masonry or other materials

having a fire resistive rating of at least two hours. Such wall (1)

shall be unpierced except for openings for heat, utility and other

service lines and ducts with such openings sealed with incombustible

materials (2) shall extend continuously from the floor of the lowest

level of the dwelling, to at least two feet above the level of the

finished roof and (3) be fire-stopped at floors and roof in such manner

as to prevent the passage of fire, smoke or gases between sections.

Where there is a peaked or sloped roof, such wall may terminate at the

top of the roof boards.

Water-closets and bathrooms. The requirements for water-closet

compartments, bath and shower rooms shall be the same as provided in

section two hundred fifteen for fireproof dwellings, except that each

required water-closet compartment, bath or shower room in an apartment

shall be ventilated by a window opening to the outer air as provided in

section one hundred seventy-one. Water-closet compartments, bath and

shower rooms which are supplementary to those required under the

provisions of sections one hundred seventy-one and two hundred fifteen

may be mechanically or gravity ventilated as provided in section one

hundred seventy-one.

Registry of owner. On or before July first, nineteen hundred

fifty-four, every owner of a multiple dwelling shall file with the

department a statement, in duplicate, on a form to be prepared by the

department substantially as follows:

Owner of record: .......................................................

Street No. or other identifying description: ...........................

Type of construction: ..................................................

(frame, brick, stucco, etc.)

Height of building: ................No. of stories: ....................

Number of rooms or apartments for which designed: ......................

Number of persons in occupancy: ........................................

Permits. 1. It shall be unlawful to commence the construction

or alteration of a multiple dwelling or any part or section thereof, or

of any building or structure on the same lot with such a dwelling, or

the alteration or conversion of a building for use as a multiple

dwelling, or the moving of a dwelling from one lot to another, until an

application or plans have been filed in and a permit issued by the

department. The department shall have the power to charge and collect a

reasonable fee for each application filed and for each permit issued.

2. No person shall be recognized as the agent of the owner unless he

shall file with the department a written instrument, signed by the

owner, designating him as such agent. Upon the filing of such

instrument, the person designated therein as such agent shall be deemed

to be and shall be known as the certified agent of the owner.

3. The department shall have power to issue, refuse, revoke or cancel

any permit or approval in case of any failure to comply with any of the

provisions of this chapter, or in case any false allegation or

representation is made in any plans or statements submitted or filed for

such permit or approval. If such permit is refused, revoked or

cancelled, the reason for such action shall be recorded by the

department.

4. All plans, statements and permits filed in any department shall be

public records and shall not be destroyed or removed from the

department.

Certificate of occupancy. 1. No multiple dwelling shall be

occupied in whole or in part until the issuance of a certificate by the

department that said dwelling conforms in all respects to the

requirements of this chapter, except that no such certificate shall be

required for any multiple dwelling existing on July first, nineteen

hundred fifty-two, for which a certificate of occupancy was not required

before such date and in which no changes or alterations commenced on or

after such date have been made except in compliance with this chapter,

and except that a certificate shall be required prior to July first,

nineteen hundred fifty-seven for any dwelling, the plans for the

alteration or conversion of which to multiple dwelling occupancy were on

file with the department or a permit authorizing such conversion was

issued before such date and for which a certificate of occupancy upon

completion of such conversion or alteration was not required before such

date. This exception shall not be deemed to relieve any owner from the

obligation to make such dwelling comply with the applicable provisions

of this chapter.

2. Except as above provided, no dwelling constructed as or altered or

converted into a multiple dwelling on or after July first, nineteen

hundred fifty-two, shall be occupied in whole or in part until the

issuance of a certificate of occupancy.

3. The department shall, on request of the owner or of his certified

agent, issue a certificate of occupancy for any old multiple dwelling

not requiring such certificate, provided that, after an inspection by

the department, no violations are found against such dwelling.

4. A certificate of occupancy shall be issued within ten days after

written application therefor, if the dwelling shall be entitled thereto.

When the department does not issue such certificate within ten days, the

head of the department shall, on the request of the owner or his

certified agent, issue a temporary certificate of occupancy for a

multiple dwelling or a section or a part thereof for a period of ninety

days or less, provided that such certificate shall bear the endorsement

that the dwelling has been inspected by the department and complies with

all the requirements of this chapter, and that such temporary occupancy

will not jeopardize life, health or property. Such temporary certificate

may be renewed at the discretion of the head of the department for

similar periods but shall not extend, together with such renewals,

beyond one year from the date of its original issuance.

5. A certificate, a record in the department, or a statement signed by

the head of the department that a certificate has been issued, may be

relied upon by every person who in good faith purchases a multiple

dwelling or who in good faith lends money upon the security of a

mortgage covering such a dwelling. Whenever any person has so relied

upon such a certificate, no claim that such dwelling had not, prior to

the issuance of such certificate, conformed in all respects to the

provisions of this chapter shall be made against such person or his

successor in title or ownership with respect to such multiple dwelling

or mortgage, or against the interest of any such person with respect

thereto.

6. Notwithstanding any general or local law to the contrary, a

certificate issued for any multiple dwelling organized pursuant to the

provisions of article nine-B of the real property law, shall be deemed

issued for each dwelling unit contained within such multiple dwelling in

full compliance with the requirements of this section.

Unlawful occupation. 1. If any dwelling or structure be

occupied in whole or in part for human habitation in violation of

section three hundred two of this article, no rent shall be recovered by

the owner of such premises for said period, and no action for possession

of said premises for nonpayment of such rent shall be maintained

therefor.

2. The department charged with the enforcement of this chapter may

cause to be vacated any dwelling or any part thereof which contains a

nuisance as defined in section three hundred five of this article, or is

occupied by more families or persons than permitted in this chapter, or

is erected, altered or occupied contrary to law. Any such dwelling shall

not again be occupied until it or its occupancy, as the case may be, has

been made to conform to law.

Enforcement. 1. The provisions of this chapter shall be

enforced within each municipality by a person or department charged with

such duty as provided in this section, provided, however, that in the

case of a town such person or department shall have power and

jurisdiction concerning such enforcement only with respect to such part

of the town as is outside the limits of any village or city. Whenever in

any city or village there is a person or department enforcing any

building code, or in any town there is a person or department enforcing

any building code with respect to the whole or the portion thereof

outside the limits of any village or city, the provisions of this

chapter shall be enforced by such person or department in such city or

village, or in such town or portion thereof, respectively. If there be

no such person or department in and for a city or village, or in a town

for the whole or the portion thereof outside the limits of any city or

village, the chief executive officer or, if there be none, the chief

administrative body or board of the city, village, or town,

respectively, shall have the power to and shall organize a department or

shall designate or employ a person or department for the enforcement of

this chapter in such city or village, or in such town or portion

thereof, respectively, and the provisions of this chapter shall be

enforced therein by the department so organized or the person or

department so designated or employed. The person so designated or

employed to enforce this chapter in a city or village or in a town or

portion thereof, or in two or more of them acting jointly, as

hereinafter provided, need not be an elector of the city, village or

town, or of any of them, as the case may be, in or for which he is so

designated or employed. A person assigned as a fire department inspector

pursuant to subdivision four of this section shall not by virtue of such

assignment be disqualified from holding the office of enforcement

officer.

2. One such person or department may be designated or employed by two

or more cities, villages or towns, acting jointly, for the enforcement

of this chapter in such cities or villages, or in such towns or portions

thereof, respectively, and such cities, villages and towns may make and

perform agreements in connection therewith. Where two or more

municipalities are so jointly acting, provision shall be made by each

municipality for the appropriation, custody, audit, approval and payment

of funds sufficient to defray the expense of operation of such person or

department, including salaries, in such municipality or municipalities

or portion or portions thereof. Any joint agreement made as provided in

this section shall include provisions for the proportionate cost of the

expense of operation of such person or department, including salaries,

to be borne by each municipality or portion thereof and the manner of

employment of personnel and may provide that a fiscal officer of one

such municipality shall be the custodian of the moneys made available

for expenditure for the purposes of such enforcement by all such

municipalities or portions thereof and that such fiscal officer may make

payments therefrom upon audit of the appropriate auditing body or

officer of his municipality. In providing for the enforcement of this

chapter in any municipality or portion thereof, a municipality may also

contract with another municipality to enforce this chapter within such

municipality or portion thereof as required by this chapter, under such

terms and conditions as may be stated in such contract, and any amount

agreed to be paid under such contract shall be a charge upon the

municipality or portion thereof for which such enforcement is provided

and shall be paid in the same manner as other charges of the

municipality.

3. The person or department charged with the duty of enforcing the

provisions of this chapter in a municipality or portion thereof shall

have power to enter, examine, and inspect, or cause to be examined and

inspected, any building or property for the purpose of carrying out the

duties of such person or department under this chapter. Such person or

department is authorized and empowered to issue departmental notices and

orders and is authorized to institute appropriate judicial action or

proceeding to enforce any building code.

4. The fire department of any city, village or fire district, the fire

department of any town which as such has a fire department, and any fire

company located in the area of a town outside villages and fire

districts, may, with the approval of the chief executive officer or, if

there be none, the chief administrative body or board of the city,

village or town, respectively, assign to one or more members of the fire

department or company, as the case may be, the duty of making

inspections of buildings and properties which are subject to the

provisions of this chapter and are located in the area regularly served

and protected by such fire department or company including areas

protected pursuant to a contract. The purpose of any such inspection

shall be to determine whether the provisions of this chapter and the

rules and regulations adopted and promulgated pursuant thereto in

relation to fire protection and safety are being complied with.

Firefighters assigned to such duty shall have full power and authority

to enter, examine and inspect any such building or property at such

times and hours as are reasonably convenient. It shall be the duty of

any firefighter so assigned to report any violations of such provisions

of this chapter or of such rules and regulations to the person or

department charged with the duty of enforcing the provisions of this

chapter in the city, town or village in which the building or property

is located and also to the chief of his or her fire department or fire

company, as the case may be. In the event that an area is served

pursuant to a fire protection contract by more than one fire department

or fire company, the firefighter or firefighters assigned to perform

such duty in such area shall report violations to the chief of each fire

department and fire company serving such area. The failure of any such

firefighter to discover and properly report any such violations or his

neglect or omission to perform such duties, shall not subject him or

her, his or her fire department, fire company, or the city, village,

fire district or town in which or of which he or she is a firefighter to

any civil or other liability. Any such firefighter shall not be liable

civilly for any act or acts done by him or her as a firefighter in the

performance of such duties, except for wilful negligence or malfeasance,

but the provisions of this subdivision shall not relieve any such city,

village, fire district, town, or fire company from liability, if any,

for the negligent or wrongful acts of the firefighter in the actual

performance of such duty. Firefighters assigned to any such duty may be

known as fire inspectors but shall not, by reason of this law, be an

officer of any city, village, fire district or town or of any fire

department or fire company. Unless otherwise provided by some other law,

general, special or local, any such assignment of duty and the

termination of any such assignment shall be made by the chief of the

fire department or the fire company, as the case may be. Before any such

inspection is made, the firefighter assigned to perform such duty must

be approved by the chief executive officer or, if there be none, the

chief administrative body or board of the city, village or town,

respectively, in which the inspection will be made.

5. Pending the organization of a department or designation of a person

or department for the enforcement of this chapter in any city or

village, or in a town outside any city or village, the chief executive

officer, or if there be none, the chief administrative body or board of

the city, village or town, shall be charged with the duty of enforcing

the provisions of this chapter in such city or village, or in such town

outside a city or village, until such time as a department is organized

or a person or department is designated or employed to enforce the

provisions of this chapter.

6. Notwithstanding the foregoing provisions of this section, this

chapter shall be enforced within the county of Hamilton, in the manner

provided in this subdivision. On or before September first, nineteen

hundred fifty-four, the board of supervisors of such county may, by

local law, create an office or department, or designate a county office

or department, for the purpose of enforcing the provisions of this

chapter within such county. The office or department so created or

designated shall succeed to and become vested with the duty of enforcing

the provisions of this chapter within each municipality in such county.

All provisions of this chapter, not inconsistent with this subdivision,

shall apply to the enforcement of this chapter within such county by the

office or department so created or designated. The cost and expense of

such enforcement shall be a county charge. In the event such board of

supervisors shall fail to provide for the enforcement of this chapter

pursuant to the foregoing provisions of this subdivision by such date,

then and in such event, the provisions of this chapter shall be enforced

within each municipality in such county in the manner hereinbefore

provided in this section.

Penalties for violations. 1. Any person, who having been served

with a notice or order to remove any violation of this chapter or of any

nuisance, fails to comply therewith within thirty days or within such

further reasonable time therefore fixed by the department, shall be

guilty of a misdemeanor punishable for each offense by a fine of not

exceeding five hundred dollars or by imprisonment for a period of one

year, or by both such fine and imprisonment. However, every person who

shall violate or assist in a violation of any provision of sections

forty, seventy and one hundred seventy-four shall be guilty of an

offense punishable by a fine of not less than ten dollars nor exceeding

five hundred dollars or by imprisonment for a period not exceeding six

months, or by both such fine and imprisonment. Courts of special

sessions shall have exclusive jurisdiction in the municipalities to

which this chapter is applicable to hear and determine charges of

violations constituting misdemeanors or offenses under this chapter.

2. The term "person" as used in this section shall include the owner,

mortgagee or vendee in possession, assignee of rents, receiver,

executor, trustee, lessee, agent or any other person, firm or

corporation directly or indirectly in control of a dwelling or part

thereof.

Nuisances. 1. The term nuisance shall be held to embrace

whatever is dangerous to human life or detrimental to health and shall

include but not be limited to: (a) a public nuisance as known at common

law, statutory law and in equity jurisprudence, and (b) a dwelling that,

in violation of this chapter or of any other state or local law,

ordinance or regulation, does not have adequate egress, safeguards

against fire, adequate electrical service, installation and wiring,

structural support, ventilation, plumbing, sewerage or drainage

facilities, is overcrowded or inadequately cleaned or lighted and the

condition constituting such violation is dangerous to human life or

detrimental to health. All such nuisances are hereby declared to be

unlawful.

2. Whenever the department shall declare that a dwelling is a

nuisance, it shall serve a notice or order in the manner prescribed by

section three hundred six of this chapter, reciting the facts

constituting such nuisance, specifying in what respect the dwelling is

dangerous to human life or detrimental to health and requiring the owner

to remove such nuisance within thirty days after service of such notice

or order or such lesser period of time where an emergency exists as may

be determined by the department head. Such notice or order shall provide

that, if the owner fails to remove such nuisance within such period for

compliance so prescribed, the department may remove or cause the removal

of such nuisance by cleansing, repairing, vacating, demolishing or by

taking such other corrective action deemed necessary and shall notify

the owner of his right to a hearing as hereinafter provided.

Wherever such notice is given, the owner may request a hearing before

the head of the department charged with enforcement, and a hearing shall

be given such owner prior to the expiration of the period for compliance

so prescribed.

3. a. If such nuisance is not removed by the owner within the time

heretofore prescribed after service of such notice or order, the

department may proceed with the removal of such nuisance as provided in

the notice or order.

b. If the owner refuses to permit the department to remove or cause

the removal of such nuisance by cleansing, repairing, vacating,

demolishing or by taking such other corrective action as may be

necessary, or interferes in any way with the department or causes delay

to the taking of corrective action, the department may cause such

dwelling, in whole or in part, to be vacated and sealed up or vacated

and demolished, but, in such case, the department shall commence a

special proceeding in the supreme court for such relief. During the

pendency of such proceeding, the department may obtain a temporary order

for the immediate vacating of such dwelling, upon proof of a present

danger to human life or detriment to health. In addition to the owner,

all tenants, mortgagees and lienors of record shall be necessary parties

to such special proceeding.

4. a. If the department proceeds to execute a notice or order issued

by it or by the court for the removal of a nuisance, the department may

let contracts therefor, in accordance with the provisions of any local

laws, ordinances, rules and regulations of the municipality applicable

to the letting of contracts for municipal improvements. The cost of

executing such notice or order or orders whether or not carried out

pursuant to court order shall be met from any appropriation made

therefor, or if such appropriation has not been made or is insufficient,

from the proceeds of the sale of obligations pursuant to the local

finance law. The department shall keep a record of such notices and

orders together with the acts done and the items of cost incurred in

their execution.

b. The municipality shall have a lien upon the premises of the

dwelling for the cost of executing such notice or order or orders for

the removal of a nuisance and shall file a notice of such lien in the

office of the clerk where notices of mechanics' liens are filed; and all

proceedings with respect to such lien, its enforcement and discharge

shall be carried on in the same manner as proceedings with respect to

mechanics' liens under the lien law.

c. Notwithstanding the foregoing and in addition to any other remedy

available, the department may maintain an action against the owner to

recover the cost of executing such notice or order or orders.

Abatement of rent in the case of serious violations. 1. The

provisions of this section shall apply to all cities of less than five

hundred thousand population and to all towns and villages.

2. a. A "rent impairing" violation within the meaning of this section

shall designate a condition in a multiple dwelling which, in the opinion

of the state building code council, constitutes, or if not promptly

corrected, will constitute, a fire hazard or a serious threat to the

life, health or safety of occupants thereof.

b. The determination as to which violations are "rent impairing" shall

be made in the following manner. Within six months after the enactment

of this section, the state building code council shall promulgate a list

of conditions constituting violations of the provisions of this chapter

and of any regulations promulgated pursuant to the provisions of

subdivision three of section three of this chapter. Such list shall

contain a brief description of the condition constituting the violation,

the section of this chapter or regulation violated, and the order number

assigned thereto. Such council may from time to time change the number

or description of violations on such list, as may seem appropriate to

such council. Such list shall be available at all times to the public.

c. At the time of the promulgation of the list of violations, the

state building code council shall also designate, by reference to the

order number, those violations which it proposes to classify as rent

impairing as above defined. Within thirty days thereafter, such council

shall hold a public hearing at which all persons interested may be heard

as to the propriety of the classification of such violations as rent

impairing. Within a reasonable time after the hearing, such council

shall make and publish a list of those violations which are classified

as rent impairing. Any person interested may, within four months

thereafter, seek a review by the supreme court of the propriety of the

classification of any of such violations as "Rent Impairing" by a

special proceeding pursuant to article seventy-eight of the civil

practice law and rules. No other body or officer shall have the power to

review said classification.

d. The state building code council may at any time change the number

or description of rent impairing violations but no such change shall be

made except in the manner above set forth after notice and public

hearing.

3. a. If (i) the official records of the department shall note that a

rent impairing violation exists in respect to a multiple dwelling and

that notice of such violation has been given by the department, by mail,

to the owner last registered with the department and (ii) such note of

the violation is not cancelled or removed of record within six months

after the date of such notice of such violation, then for the period

that such violation remains uncorrected after the expiration of said six

months, no rent shall be recovered by any owner for any premises in such

multiple dwelling used by a resident thereof for human habitation in

which the condition constituting such rent impairing violation exists,

provided, however, that if the violation is one that requires approval

of plans by the department for the corrective work and if plans for such

corrective work shall have been duly filed within three months from the

date of notice of such violation by the department to the owner last

registered with the department, the six-months period aforementioned

shall not begin to run until the date that plans for the corrective work

are approved by the department; if plans are not filed within said

three-months period or if so filed, they are disapproved and amendments

are not duly filed within thirty days after the date of notification of

the disapproval by the department to the person having filed the plans,

the six-months period shall be computed as if no plans whatever had been

filed under this proviso. If a condition constituting a rent impairing

violation exists in the part of a multiple dwelling used in common by

the residents or in the part under the control of the owner thereof, the

violation shall be deemed to exist in the respective premises of each

resident of the multiple dwelling.

b. The provisions of subparagraph a shall not apply if (i) the

condition referred to in the department's notice to the owner last

registered with the department did not in fact exist, notwithstanding

the notation thereof in the records of the department; (ii) the

condition which is the subject of the violation has in fact been

corrected, though the note thereof in the department has not been

removed or cancelled; (iii) the violation has been caused by the

resident from whom rent is sought to be collected or by members of his

family or by his guests or by another resident of the multiple dwelling

or the members of the family of such other resident or by his guests, or

(iv) the resident proceeded against for rent has refused entry to the

owner for the purpose of correcting the condition giving rise to the

violation.

c. To raise a defense under subparagraph a in any action to recover

rent or in any special proceeding for the recovery of possession because

of non-payment of rent, the resident must affirmatively plead and prove

the material facts under subparagraph a, and must also deposit with the

clerk of the court in which the action or proceeding is pending at the

time of filing of the resident's answer the amount of rent sought to be

recovered in the action or upon which the proceeding to recover

possession is based, to be held by the clerk of the court until final

disposition of the action or proceeding at which time the rent deposited

shall be paid to the owner, if the owner prevails, or be returned to the

resident if the resident prevails. Such deposit of rent shall vitiate

any right on the part of the owner to terminate the lease or rental

agreement of the resident because of nonpayment of rent.

d. If a resident voluntarily pays rent or an installment of rent when

he would be privileged to withhold the same under subparagraph a, he

shall not thereafter have any claim or cause of action to recover back

the rent or installment of rent so paid. A voluntary payment within the

meaning hereof shall mean payment other than one made pursuant to a

judgment in an action or special proceeding.

e. If upon the trial of any action to recover rent or any special

proceeding for the recovery of possession because of non-payment of rent

it shall appear that the resident has raised a defense under this

section in bad faith, or has caused the violation or has refused entry

to the owner for the purpose of correcting the condition giving rise to

the violation, the court, in its discretion, may impose upon the

resident the reasonable costs of the owner, including counsel fees, in

maintaining the action or proceeding not to exceed one hundred dollars.

Right of tenant to offset payments for heat failure; certain

cases. 1. Any tenant acting alone or together with other tenants of a

multiple dwelling employing an oil fired heating device for which the

owner is responsible and wherein there exists a lack of heat due to the

owner's failure to have oil supplied to the premises, may contract and

pay for the delivery of such oil in accordance with the provisions of

this section. Any payment so made shall be deductible from rent

providing the following provisions have been substantially complied with

by the tenant or someone acting on his behalf:

a. Reasonable efforts were made to contact the owner or his agent to

inform the owner of such failure to supply oil.

b. Reasonable efforts were made to have the normal fuel supplier to

the premises deliver the requested fuel.

c. Delivery of fuel oil to the premises was secured from a fuel

supplier regularly engaged in such business at a price within the range

of prices listed by the department in the index provided for in

subdivision three of this section.

d. The fuel supplier from whom oil is secured provided a written

statement containing the following:

(1) The name of the person or persons who requested the delivery; and

(2) The date, time of and premises to which delivery was made; and

(3) The amount, grade and price of the oil delivered; and

(4) A certification that the usable fuel supply before the delivery

was exhausted; and

(5) The charge, if any, for refiring the burner; and

(6) The amounts and from whom any payments were received.

e. A tenant shall not be required to comply with the provisions of

paragraph a or b hereof unless the owner has continuously kept posted in

a conspicuous place at the premises a notice containing his name,

address and telephone number or that of his agent and the name, address

and telephone number of the fuel supplier to the premises.

f. For purposes of this section, a multiple dwelling shall be

considered to lack heat if, during the months between October first and

May thirty-first, while its usable fuel supply was exhausted, the

outdoor temperature fell below fifty-five degrees Fahrenheit at any time

during the hours between six o'clock in the morning and ten o'clock in

the evening.

2. The deduction from rent allowed by this section shall also include

a reasonable charge, if any, made by the supplier for refiring the oil

burner at the premises.

3. The department charged with the enforcement of laws, ordinances and

regulations in relation to multiple dwellings shall:

a. Maintain and, to the extent practicable, update at least bi-weekly

an index reflecting the range of prices of fuel oil according to grade

and quantity paid per gallon on deliveries within the jurisdiction of

the department during the last two week period for which statistics are

available; and

b. Maintain and keep current and available a list of suppliers which

have agreed to make deliveries of fuel oil in the circumstances, and to

render such assistance as is otherwise required hereby to enable tenants

to obtain the benefits, contemplated by this section.

4. The payment for fuel oil at a price within the range of prices

permitted by paragraph c of subdivision one of this section shall be

conclusively presumed to have been a reasonable price.

5. The introduction into evidence in any action or proceeding of any

statement rendered in compliance with the provisions of paragraph d of

subdivision one of this section shall be presumptive of the facts stated

therein. Sufficient foundation for the allowance into evidence of such

statement shall consist in the oral testimony of any person named as a

payer of all or part of the amount indicated thereon relating the facts

and circumstances in which the statement was rendered.

6. Any tenant who has in good faith secured and paid for fuel oil

otherwise in conformance with the provisions of this section and against

whom an action or proceeding to recover possession of the premises for

nonpayment of rent or any other action or proceeding attributable at

least in part to the tenant seeking or taking a deduction from rent as

allowed by this section shall, in addition to any other amounts, be

entitled to recover reasonable costs and attorney's fees against an

owner bringing such action or proceeding.

7. No owner or agent shall be entitled to recover any amounts in

damages from any fuel oil supplier who attempts in good faith and acts

reasonably to carry out the intendment of this section except damages

arising out of gross negligence.

8. The remedy provided in this section shall not be exclusive and a

court may provide such other relief as may be just and proper in the

circumstances. Nothing in this section shall be construed to limit or

deny any existing constitutional, statutory, administrative or common

law right of a tenant to contract and pay for the delivery of fuel oil

for the multiple dwelling in which he resides or to pay for the cost of

any other goods and services for such multiple dwelling. This section

shall not be construed to preclude any defense, counterclaim or cause of

action that may otherwise exist with respect to an owner's failure to

provide heat or any other service.

9. Any agreement by a tenant of a dwelling waiving or modifying his

rights as set forth in this section shall be void as contrary to public

policy.

10. The provisions of this section shall be liberally construed so as

to give effect to the purposes set forth herein.

* 11. Nothing contained in this section and no payment made pursuant

to this section shall be deemed to discharge the liability of a renter

with an interest in real property pursuant to subdivision two of section

three hundred four of the real property tax law from taxes levied on

such interest.

* NB (Effective pending ruling by Commissioner of Internal Revenue of

the United States)

Service of notices and orders. Every notice or order issued by

the department relative to a premises shall be served at least thirty

days before the time for compliance therewith. It shall be sufficient

service of a departmental notice or order, if it is posted in a

conspicuous place upon the premises affected and a copy thereof mailed,

on the same day it is posted, to the person to whom it is directed at

the address filed by him in the department, and, if his address is not

so filed in the department, then in such case, such notice shall be sent

by registered mail to his last known address or place of residence.

Records and searches. All records of the department shall be

public. Upon request the department shall be required to make a search

and issue a certificate of any of its records, including violations, and

shall have the power to charge and collect reasonable fees for searches

or certificates.

Review boards. 1. There may be in each county a review board,

to consist of three members, who shall be appointed by the board of

supervisors of the county. One member shall be a registered architect or

a professional engineer. The term of office of each member of such a

review board shall be for three years, provided, however, that of the

members first appointed in the case of any such board one shall be

appointed for a term of one year, one for a term of two years, and one

for a term of three years. Such members shall receive no compensation

unless the board of supervisors shall otherwise determine but each

member shall be entitled to his expenses actually and necessarily

incurred by him in the performance of his duties. The board shall elect

its chairman from among its own members. Two members of the board shall

constitute a quorum. The concurring vote of at least two members of the

board shall be necessary for action. Any member chosen to fill a vacancy

occurring otherwise than by expiration of term shall be appointed for

the unexpired term of the member whom he is to succeed. The board of

supervisors shall have power to remove any member of the review board

for cause and after public hearing.

2. The board may appoint such employees as may be authorized by the

board of supervisors, and prescribe their duties.

3. Each county board shall have power within its county, except as

stated to the contrary in subdivision eight of this section, and each

local board of review, as provided in said subdivision eight, shall have

power within its own applicable area:

a. With respect to dwellings existing on the effective date of this

chapter only, to vary or modify, in whole or in part, the application of

any provision of this chapter or of any rule or regulation of the

department or commission, relating and limited to

(1) secondary means of egress from dwellings,

(2) fire retarding of public halls, stairs, and cellar ceilings,

(3) requisite open spaces, and

(4) requirements with respect to bulkheads and scuttles; provided,

however, that in the instance of each such variance or modification, the

basic spirit and intent of the law are maintained and public health,

safety and welfare are preserved, and further provided that in

connection with any such variance or modification the board may

prescribe alternative or substitute requirements where such requirements

are appropriate or necessary to effectuate the basic purposes of this

chapter. Any such variance or modification shall be granted only after

satisfactory proof, at a public hearing, of practical difficulties or

unnecessary hardships to be encountered or caused by compliance with the

strict letter of such law, rule or regulation.

b. To fix a reasonable time for the hearing of an application,

requiring that due notice be given of the time and place of such hearing

to the applicant and to the department or to other persons affected. In

every case the board shall state the reason or reasons for its decision.

A record of all orders, requirements and decisions of each such board,

indexed according to the section or sections of this chapter affected

thereby shall be kept in the office of the board, and such record shall

be open to public inspection at all times during normal business hours.

c. To enter, or delegate to any employee or officer of such a board

power to enter, any building or property for the purpose of conducting

investigations, surveys, or inspections necessary to carry out the

provisions of this article.

d. To adopt a seal and to alter the same at its pleasure, and to

require that it be used for the authentication of orders and proceedings

and for such other purposes as it may prescribe.

e. To conduct examinations and investigations, administer oaths, hear

testimony and take proof, under oath, if the board should so determine,

of any matter relevant or necessary to carry out the provisions of this

article.

f. To do all other things convenient and necessary to carry out its

powers.

4. No member of such a board, nor any of its employees, shall pass

upon any question relating to any premises in which he or any

corporation in which he is a stockholder or security holder has any

interest directly or indirectly.

5. An application for such variance or modification may be made within

thirty days after service of a notice or order to remove any violation

of this chapter or any nuisance, by any person aggrieved, or by the head

of an agency or department within the area in which such board has

jurisdiction. An aggrieved person shall be construed as one who is

directly and adversely affected by a provision of this chapter or a rule

or regulation of the department or commission. Any action or decision of

such a board may be reviewed on the law or the facts in the manner

provided by the provisions of article seventy-eight of the civil

practice law and rules.

6. An appeal shall stay all proceedings, both civil and criminal, in

furtherance of the action appealed from, unless the officer from whom

the appeal is taken shall file with the board to which the appeal has

been taken a certificate that, by reason of facts stated therein, a stay

would, in his opinion, cause imminent peril to life or property, in

which case, proceedings shall not be stayed otherwise than by a

restraining order which, upon good cause shown, may be granted by such

board or by the supreme court, on application, at least three days

notice of which shall be given to the officer from whom the appeal is

being taken.

7. Each review board shall have power to charge and collect reasonable

fees and to make rules governing such charges.

8. A municipality may continue an existing local board of review,

which is in existence on July first, nineteen hundred fifty-four, to

have jurisdiction solely within the territorial limits of such

municipality. In any such case, the jurisdiction of a county board of

review shall not extend to any such municipality or municipalities. In

the event that no such local board exists in a municipality and in the

event that, and so long as, there shall not be in such county a review

board appointed pursuant to subdivision one of this section, a review

board to consist of three members, one of whom shall be a registered

architect or a professional engineer, may be established by such

municipality before September thirty, nineteen hundred sixty-six located

within such county to have jurisdiction solely within the territorial

limits of such municipality. The powers and duties of a local board of

review, insofar as the operation of the provisions of this chapter is

concerned, shall be the same, within the territorial limits of the

municipality, as those of a county board created pursuant to this

section.

9. In the event that, and so long as, there shall not be in any county

or municipality a review board authorized to be established in this

section, appeals authorized to be taken to such county or municipal

review board, as herein provided, within the area in which such board

would, if established, have jurisdiction, may be taken to the commission

instead, and in such event and with respect to any such county or

municipality, the commission shall have the same powers and jurisdiction

as is herein provided for a county or municipality review board in such

county.

Rules and regulations. 1. The commission shall have the power

to adopt and promulgate rules and regulations carrying into effect such

provisions of the sections of this chapter wherein reference is made to

the rules and regulations of or to be adopted by the commission, and

also in other cases where the approval of the department or the

existence of conditions satisfactory to it is a requisite under this

chapter for compliance with any provision of this chapter or the

exercise of discretionary powers by the department with respect to

alternative requirements, is authorized.

2. Such rules and regulations shall be designed within the limitations

of the specifically applicable provisions of this chapter:

a. To effectuate the general purposes of this chapter.

b. To provide reasonably uniform standards, ratings and requirements,

consonant with accepted standards of engineering, fire prevention and

safety practices.

c. To formulate such standards and requirements, so far as may be

practicable, in terms of performance objectives, so as to make adequate

performance for the use intended the test of acceptability.

d. To permit to the fullest extent possible, use of modern technical

methods, devices and improvements which tend to reduce costs of

construction, installation and maintenance without substantially

affecting reasonable requirements for the health, safety and security of

the occupants or users of dwellings.

3. Every rule or regulation or modification, amendment or repeal of a

rule or regulation shall, immediately after adoption, be certified by

the commission and transmitted to the secretary of state for filing in

the office of the department of state. Upon such filing, the rule or

regulation or modification, amendment or repeal of a rule or regulation,

shall have the force and effect of law. The commission shall cause

copies thereof to be sent to the appropriate department or departments

of all municipalities having jurisdiction over multiple dwellings

therein which are affected thereby.

4. The commission shall invite the cooperation and advice of fire

departments and organizations in connection with the promulgation of

rules and regulations relating to fire protection and fire prevention.

Saving clauses. The provisions of this chapter shall supersede

any local law, ordinance, resolution or regulation of municipalities to

which this chapter is applicable, but shall not affect or impair any act

done, offense committed or right accruing, accrued or acquired, or

liability, penalty, forfeiture or punishment incurred or imposed prior

to the time this chapter takes effect, but the same may be enjoyed,

asserted, enforced, prosecuted or inflicted as fully and to the same

extent and same manner as if such provisions had not been enacted.

Effect of invalidity in part. If any term, part, provision,

article, section, subdivision or paragraph of this chapter shall be held

unconstitutional, or ineffective in whole or in part, then to the extent

that it is not unconstitutional or ineffective this chapter and such

term, part, provision, article, section, subdivision or paragraph

thereof shall be in full force and effect; and such determination shall

not be deemed to invalidate the remaining terms, parts, provisions,

articles, sections, subdivisions or paragraphs thereof.

Laws superseded. 1. The provisions of this chapter shall

supersede all other state laws and all local laws, ordinances and

regulations of municipalities to the extent that such laws, ordinances

or regulations are inconsistent with the provisions of this chapter;

provided, however, that the provisions of any other state law or of any

local law, ordinance or regulation of any municipality, or the

supplementary rules or regulations of any state department having the

force and effect of law, now in effect or hereafter enacted or adopted,

which are more restrictive than those provided in this chapter, shall

govern during the period in which they are in effect.

2. Upon the adoption by any municipality of any state building

construction code as to multiple residences pursuant to the provisions

of article eighteen of the executive law which code contains provisions

relating to the construction of multiple dwellings to which the

provisions of articles four, five, six and seven of this chapter are

applicable in whole or in part, then and in such event, the provisions

of such articles four, five, six and seven and the definitions used in

conjunction therewith shall become inoperative with respect to the

construction of such dwellings in any such municipality so long as the

state building construction code is applicable and operative.

Time of taking effect. This chapter shall take effect July

first, nineteen hundred fifty-two.