Village of Freeport, NY Article XVII Multiple Dwellings

§ 86-131 General requirements for multiple dwellings.

A. Zoning Ordinance. The provisions of the Zoning Ordinance regulating and restricting the location of multiple dwellings and regulating and limiting the height and bulk of structures and regulating and determining the area of yards and other open spaces surrounding structures and regulating the density of population shall not be deemed to be modified by any provision of this article, and such restrictions shall be controlling, except insofar as this article imposes greater restrictions, in which case the provisions of this article shall control.[1]

[1] Editor's Note: See Ch. 210, Zoning.

B. Structures hereafter converted or altered.

(1) A structure which is not a dwelling, if hereafter converted or altered to a multiple dwelling, shall thereupon become subject to all the provisions of this article relative to dwellings of like class and kind hereafter erected. A dwelling of one class or kind, if hereafter altered or converted to another class or kind, shall, except as hereinafter in this section and in § 86-139, otherwise provided, thereupon become subject to all the provisions of this article relative to a hereafter erected structure of that class or kind to which it is altered or converted.

(2) In any Class B multiple dwelling, except a rooming house or lodging house, any apartment may be occupied as an apartment in a Class A multiple dwelling; provided, however, that no such apartment in any Class B multiple dwelling shall be rented, leased, let or hired out to be so occupied or be so occupied unless such apartment complies with all the requirements prescribed in this article for apartments in Class A multiple dwellings hereafter erected. In any rooming house or lodging house, any apartment may be occupied as an apartment in a Class A multiple dwelling; provided, however, that such apartment is occupied solely by the owner, janitor, superintendent, or caretaker of such rooming house or lodging house.

(3) If any Class A multiple dwelling heretofore erected shall hereafter be so altered as to increase the number of living rooms, such structure shall be made to conform to the requirements of this article with respect to Class A multiple dwellings of like class and kind hereafter erected.

(4) No multiple dwelling shall hereafter be enlarged or its lot diminished so that the yard and other unoccupied areas shall be less in size or area than the minimum dimensions prescribed in the Zoning Ordinance.

(5) No dwelling shall be altered so as to be in violation of any provision of this article relating to like class and kind of dwelling hereafter erected, except that it shall be sufficient for the purposes of this section that converted dwellings shall comply with § 86-139. Any existing multiple dwelling may be altered to conform with any provision of this article applicable to multiple dwellings of like class and kind and not expressly limited in application to multiple dwellings hereafter erected or to conform with the provisions of this article relating to exits from apartments in multiple dwellings of like class and kind hereafter erected or egress from multiple dwellings of like class and kind hereafter erected if such existing multiple dwelling also conforms or is made to conform with all of the requirements relating to stairs and halls in multiple dwellings of like class and kind hereafter erected, except that existing dimensions of stair landings, treads and risers shall not be required to conform to such requirements.

C. Dwellings damaged or moved. If a multiple dwelling, whether heretofore or hereafter erected, is damaged by fire or other cause to the extent of 2/3 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 article relative to dwellings hereafter erected. If any nonfireproof stair in any multiple dwelling heretofore erected is damaged by fire or other cause to such extent that such stair or the first flight thereof above the entrance floor is required to be rebuilt, it shall be fire-retarded throughout in a manner approved by the Superintendent of Buildings. If any dwelling be hereafter moved from one lot to another, it shall thereupon be made to conform to all the provisions of this article relative to light, ventilation, fire protection and egress of a dwelling hereafter erected on the lot to which such dwelling is moved.

D. General application to dwellings. All the requirements of this article shall apply to all kinds and classes of multiple dwellings, except that where provisions apply specifically to one or more classes or kinds of dwellings, such provisions shall apply only to those classes or kinds to which such specific reference is made, and to the extent that such provisions are inconsistent with requirements which would in the absence of such provisions control, such requirements shall not be deemed applicable.

E. Application to existing dwellings. Any structure heretofore erected and occupied at the time this code becomes effective or thereafter as a multiple dwelling, which is not recorded as such in the Department of Buildings on or before February 1, 1947, shall be required to comply with all of the provisions of this article governing the like class or kind of dwelling hereafter erected. Except as otherwise expressly required in § 86-132E, Cooking spaces, nothing in this article shall be construed to require any change in the construction or use or occupancy of any fireproof multiple dwelling or any nonfireproof hotel or any rooming house, other than a converted dwelling, heretofore erected, used and occupied as such under the provisions of all local ordinances and regulations applicable thereto at the time this code becomes effective, but should the use or character of occupancy or any such dwelling be hereafter altered or converted, such dwelling shall be required to comply with the provisions of this section.

F. Maximum number of occupants. The maximum number of persons who shall be permitted to occupy any apartment shall not exceed one person for each 100 square feet of habitable floor area. No room used for sleeping purposes shall be so overcrowded that there shall be less than 400 cubic feet of air to each adult and 200 cubic feet of air to each child under 12 years of age occupying such room.

§ 86-132 Light and air for future construction.

[Amended 1-29-1973]

A. Lighting and ventilation of rooms.

(1) Except as otherwise expressly provided, in any multiple dwelling hereafter erected, every room, including kitchens, water closet compartments and bathrooms, shall have at least one window opening directly upon the street or upon a yard, court or a space above a setback. Such window shall be so located as to properly light all portions of such room.

(2) In addition to the above requirement. in every multiple dwelling hereafter erected, no room in any apartment of three rooms or less shall extend in depth from the street or yard, as the case may be, for a greater distance than 30 feet without the intervention of an inner or outer court, and no room in any nonfireproof apartment shall extend in such depth for a greater distance than 30 feet without the intervention of such inner or outer court.

(3) No multiple dwelling shall be so altered that any room or public hall or stairs shall have its light or ventilation diminished in any way not approved by the Superintendent of Buildings.

(4) Nothing in this section shall be construed to require any window in any public room of any fireproof multiple dwelling, provided that such room or space, unless used solely for storage purposes, is equipped with means of mechanical ventilation as prescribed by §§ 86-22 and 86-23. The fresh air supply systems for such purposes shall be provided with adequate means for removing dust from the incoming air and with adequate means to heat such air to not less than 60° F.

B. Windows in rooms. In every multiple dwelling hereafter erected, the total window area in each room, except water closet compartments and bathrooms and cooking compartments in compliance with Subsection E, shall conform to § 86-21A. No such window shall be less than 12 square feet in area between the stop beads, except that a mullioned casement window shall be permitted, the glazed area of which is not less than 12 square feet or less than 1/10 of the superficial floor area of the room; provided, however, that such window shall be readily capable of being opened to the outer air to the extent of at least 5 1/2 square feet of its area. Transoms or partition sash to private halls or to adjoining rooms shall be provided to secure thorough ventilation, when required by the Superintendent of Buildings, but no such transom or partition sash shall be required in rooms having two windows. In every multiple dwelling, all windows in walls situated on the lot line, except those facing on the street, shall be entirely fireproof with kalamein or metal frame glazed with good quality wire glass.

C. Size of rooms.

(1) Except as in Subsection E otherwise expressly provided, in every multiple dwelling hereafter erected, all rooms, except kitchens, water closet compartments and bathrooms, shall be of the following minimum sizes: in each apartment, except in a Class B multiple dwelling, there shall be at least one room containing not less than 132 square feet of floor area. No room, except a kitchen, water closet compartment or bathroom, shall contain less then 80 square feet of floor space. No room shall be less than eight feet high, the measurements in all cases to be taken from the finished floor to the finished underside of the ceiling beams. No room, except a kitchen, water closet compartment or bathroom, shall be less than eight feet in its least horizontal dimension, except that in any apartment containing three or more bedrooms, 1/2 of the total number of such bedrooms in such apartment may have a least horizontal dimension of seven feet, and in any apartment consisting of not more than one room in any Class B multiple dwelling hereafter erected, such room may be not less than 60 square feet in area with a minimum dimension of not less than six feet. Requirements of this section, with respect to the least horizontal dimension and the minimum area of any room, shall not be applicable to any room in any fireproof Class B multiple dwelling hereafter erected to be occupied and which is occupied as a lodging house in which no apartment, other than one apartment occupied exclusively by a person or persons engaged in the maintenance or supervision of such multiple dwelling, consists of more than one room and in which every such room opens directly upon a public hall.

(2) Dining bays not exceeding 55 square feet in superficial area shall not be construed as rooms and shall also not be required to comply with the provisions of Subsection D. Every such dining bay shall be equipped with such appropriate permanent fittings as may be required by the Superintendent of Buildings and shall be provided with at least one window opening directly upon the street or upon a yard, court or space above a setback. Such window shall have an area between stop beads of not less than 1/8 of the superficial area of such dining bay.

(3) A portion of any apartment in any multiple dwelling hereafter erected, used or arranged to be used as an entrance hall within such apartment may be designated as a foyer. Such foyer shall not, if the Superintendent of Buildings shall so permit, be deemed to be a room, provided that the superficial floor area of such foyer shall not exceed 10% of the total superficial floor area of such apartment, but if every room in such apartment exceeds in area the minimum required area of such room by more than 20% of such minimum required area, the superficial floor area of such foyer may equal but shall not exceed 20% of the superficial floor area of such apartment.

D. Alcove and alcove rooms. Any alcove, except a cooking space arranged and constructed as prescribed in Subsection E, opening from any room in any multiple dwelling hereafter erected shall be separately lighted and ventilated as provided in Subsections A and B and shall be not less than 70 square feet in area with a least horizontal dimension of not less than seven feet and shall have an opening into the room which it adjoins of at least 60 square feet in area. No part of any room in any multiple dwelling hereafter erected shall be enclosed or subdivided at any time, wholly or partly, by a curtain, portiere, fixed or movable partition or other contrivance or device unless such part of such room so enclosed or subdivided shall contain a window as required by Subsections A and B and a floor area of not less than 70 square feet.

E. Cooking spaces. In every multiple dwelling, whether Class A or Class B, hereafter erected, if space is provided in any apartment for cooking, such space shall comply with the provisions of this subsection. Such space shall either be a kitchen, a separate compartment or a recess arranged and constructed as hereinafter provided. In any apartment in any multiple dwelling hereafter erected, it shall not be lawful to cook in a space constructed or arranged otherwise than as provided in this subsection.

(1) Cooking recesses.

(a) A recess for cooking shall not be more than three feet deep or more than 10 feet wide and shall be surrounded, except for the entrance to such recess, with fireproof or fire-retarded walls and ceiling and floor or a floor covered with fireproof materials, and such walls shall extend from the floor of such recess to the floor construction above. Fireproofing or fire-retarding of walls shall include the portions of such walls behind any stove, range, heater or other cooking or food warming apparatus and behind all other fixtures, removable or permanent, in any cooking space. The ceiling in such space may be suspended to the top of the highest fixture: provided, however, that it shall be fireproof or fire-retarded with approved metal lath and two coats of approved cement mortar not less than one inch thick from back of lath to face of mortar. Such recess may be equipped with a door or doors, provided that the lower portion thereof shall have an opening covered with a metal grille containing not less than 48 square inches of daylight openings or, in lieu of such opening in the door, there be a clear space not less than 24 square inches in area between the floor and the door and, in addition thereto, a clear space not less than 24 square inches in area between the top of the door and the doorjamb above. Every door and its assembly in any cooking recess shall be fireproof or fire-retarded on the inner surface.

(b) Every such cooking recess shall either open directly to a living room having a legal window, as prescribed in Subsection B, or to a foyer ad joining and connecting with such a living room. When such recess opens upon a foyer, such recess shall be equipped with means of mechanical ventilation adequate and maintained to provide at least four changes per hour of the air volume of such recess and of the foyer upon which such recess opens.

(2) When space is provided for cooking apparatus in a cooking closet or separate compartment other than such recess or kitchen as in this section permitted, such cooking closet or separate compartment shall be less than 49 square feet in floor area and shall be completely separated from every other closet or compartment and from every other room in the apartment with fireproof or fire-retarded walls and ceiling and floor or a floor covered with fireproof materials, and such walls shall extend from the floor of such closet or compartment to the floor construction above. Fireproofing or fire-retarding of walls shall include the portions of such walls behind any stove, range, heater or other cooking or food warming apparatus and behind all other fixtures, removable or permanent, in any cooking space. The ceiling in such space may be suspended to the top of the highest fixture; provided, however, that it shall be fireproof or fire-retarded with approval metal lath and two coats of approved cement mortar not less than one inch thick from back of lath to face of mortar. Such closet or separate compartment shall be equipped with a door or doors, and such door and its assembly shall be fireproof or fire-retarded on the inner surface. Each such compartment shall have a window opening to the street or upon a space above a setback or to a yard or court. Such window shall have a total area between stop beads of not less than 10% of the floor area of such compartment and in no case less than three square feet or less than one foot in width between stop beads.

(3) When the space provided for cooking is a kitchen of 49 square feet or more in floor area, the ceiling, floor, doors with their assemblies and the walls of such kitchen shall not be required to be fireproof or fire-retarded in any nonfireproof building, but where the walls of kitchens are not fireproof or fire-retarded, that portion of the wall behind any stove, range, heater or other cooking or food warming apparatus placed in such kitchen shall be fire-retarded in the manner and to the extent approved by the Superintendent of Buildings.

F. Rooms in basements and cellars.

(1) In every multiple dwelling hereafter erected, no room in the cellar or in the basement shall be constructed, altered, converted or occupied for living purposes unless the Superintendent of Buildings shall issue a permit for such construction, alteration, conversion or occupancy. No such permit shall be issued unless all of the following conditions are complied with, and such permit may be revoked whenever any of said conditions are not complied with. If such permit is refused or revoked, the reason for such refusal or revocation shall be stated by the Superintendent of Buildings, in writing, and a copy thereof shall be recorded by the Superintendent and be accessible to the public.

(a) Such rooms shall be at least nine feet high in every part from the floor to the ceiling, except that any such room in a basement may be crossed by not more than four beams, none of which shall exceed 12 inches in width nor extend below the ceiling more than six inches.

(b) The ceiling of such room shall be in every part at least four feet six inches above the curb level of the street in front of every part of such room when such room or the apartment containing it is located in the front part of the building, however, when such room or the apartment containing it is located in the rear of the building and the yard is less than 60 feet in depth and does not extend to a street along its entire width, the ceiling thereof shall be not less than two feet above the curb level of the street in front of the building. The yard and courts upon which any cellar or basement room or apartment opens shall extend to a point below the floor level of said room as prescribed in Subsection G. Every such room, except as otherwise provided in Subsection F, shall be an integral part of an apartment containing a room having a window opening directly to the street or yard. Unless the yard is not less than 60 feet in depth or as hereafter provided in Subsection F(1)(e), there shall be not more than one apartment in any cellar and this shall contain not more than five rooms and a water closet and bath accommodations and shall not open upon any court less than five feet in width and shall be occupied solely by the janitor and his family. No part of such apartment shall be located more than 25 feet distant from the inner line of the front or rear wall of the building, as the case may be, without the intervention of a court of at least 10 feet in width.

(c) There shall be appurtenant to such room the use of a water closet, constructed and arranged as prescribed in Subsection L and § 86-134B.

(d) Such room shall have a legal window or windows as prescribed in Subsection A. The aggregate area of windows in such rooms shall be at least 1/8 of the horizontal area of the room, and each such window shall be constructed so that the upper one-half of its area can be opened, and such window shall open either to the street, court or yard and the underside of the top stop bead of each window shall be within 12 inches of the ceiling. One of such windows shall be not less than 12 square feet in area between the stop beads.

(e) In any multiple dwelling hereafter erected, in addition to the janitor's apartment, not more than three rooms may be provided in the cellar exclusively for the use of persons regularly and continuously employed in the maintenance of such multiple dwelling, and every such room shall be completely separated from any other room or private hall and shall comply with all the provisions respecting the janitor's apartment, except that there shall be at least one water closet and bath accessible from each of said rooms without passing through the janitor's apartment. No other rooms in the cellar shall be occupied for living or sleeping purposes, except as permitted in Subsection F(1)(b). Whenever the janitor's apartment or a room therein is expressly excepted in any provision of this article, such exception shall be deemed to apply to any room lawfully occupied as provided in this subsection.

(2) Every multiple dwelling hereafter erected, whenever the Superintendent of Buildings shall deem necessary, shall have all walls below the ground level and all cellar or lower floors dampproofed and waterproofed. When such walls and floors are required to be made dampproof and waterproof, the dampproofing and waterproofing shall run through the walls and up the same as high as the ground level and shall be continued throughout the floor, and said cellar or lowest floor shall be properly constructed so as to prevent dampness or water from entering.

(3) Every cellar and basement in every multiple dwelling shall be properly lighted and ventilated to the satisfaction of the Superintendent of Buildings.

(4) The cellar walls and ceilings of every multiple dwelling shall be thoroughly whitewashed or constructed of light-colored material or painted a light color by the owner and shall be so maintained. Such whitewash or paint shall be renewed whenever necessary as may be determined and required by the Superintendent of Buildings.

G. Court areas and yards. In every multiple dwelling hereafter erected, the bottom of all courts, areas and yards which extend to the basement or cellar for light or ventilation of living rooms shall be six inches below the floor level of the part occupied or intended to be occupied, except that where the depth of the yard exceeds the minimum required depth by 1/2, such yard may start at a level six inches below the window sills of the cellar or basement rooms opening upon it but never more than three feet above the floor of rooms designed or intended to be occupied, and except that where cellar or basement rooms open upon an outer court, the width of which is at least 40% in excess of the minimum required width and is also not less than eight feet, such court may start at the same level as herein permitted for yards.

H. Entrance doors. In every multiple dwelling hereafter erected, every door giving access to an entrance hall from the outside of the building shall contain not less than five square feet of glazed surface, and every such door shall be, in width, not less than 75% of the required clear width of such entrance hall, as provided in § 86-133A, except that when a series of such doors is provided, their aggregate clear width shall not be less than 75% of the required width of the entrance hall, and each of the doors shall be at least two feet six inches wide in the clear. Every such door opening upon a street or a court extending to the street may be of wood. Every such door opening upon a yard or court not extending to the street shall be fireproof.

I. Windows and skylights for public halls. In every multiple dwelling hereafter erected, at least one of the required windows provided to light each public hall or part thereof shall be at least two feet six inches wide and five feet high, measured between stop beads, and every required window shall open upon a street, court, yard or space above a setback. On the top story, a ventilating skylight will be accepted in lieu of a window for that story.

J. Skylight for stairs. In every multiple dwelling hereafter erected, a ventilating skylight shall be provided in the roof directly over each required stair, fire stair and fire tower, with ventilators having a minimum opening of 40 square inches or such skylight shall be provided with fixed or movable louvres, and the roof of such skylight shall be glazed with plain glass equipped with a suitable wire screen above and below. The glazed area of such skylight shall be not less than 20 square feet. When any stair, fire stair or fire tower terminates at the level of a setback of any outer wall of any multiple dwelling and such setback consists of a terrace not less than four feet in depth, measured between the inside of the parapet wall and the wall of the building, and not less than 10 feet in length, measured parallel to the wall of the building, in lieu of such a skylight, a self-closing fireproof door giving access from such stair, fire stair or fire tower to such terrace may be provided if such door has a panel not less than five square feet in area glazed with wire glass and is equipped with fixed or movable louvres with an opening of not less than 40 square inches.

K. Artificial lighting for halls. In every multiple dwelling, the owner shall provide a light or lights, which shall each be of not less than 15 watts or equivalent photometric rating, for the vestibule and entrance hall and in every public hall, stair, fire stair and fire tower on every floor. Said light or lights shall be located as prescribed by the Superintendent of Buildings. Except as hereinafter otherwise provided with respect to fire stairs, fire towers and in stairs and public halls without windows, every such light shall be turned on by the owner or his agent at sunset every day and shall not be turned off by the owner or his agent until the following sunrise. Such light or lights shall be kept burning daily from sunset until sunrise, but if the same become extinguished and remain extinguished without the knowledge or consent of the owner, he shall not be liable. The burden shall be upon the owner to show that said light or lights became and remain extinguished without the knowledge and consent of said owner or his agent. Every light in every fire stair and fire tower at every floor and in every stair at every floor where there is no window opening to outer air, as prescribed in Subsection J, and in every public hall where there is no window, as prescribed in Subsection 1, shall be kept burning continuously. The light or lights in every stair, fire stair and fire tower shall be so located that all portions of such stair, fire stair or fire tower shall be lighted. When the natural light in any public hall in which a mail box or other receptacle for mail maintained in a multiple dwelling is not sufficient to permit a person to read the names appearing on such mail box or receptacle, the owner of such multiple dwelling shall install a lighting fixture directly over such mail box or receptacle and maintain the same is serviceable condition in order that a light may be turned on for the convenience of the tenant or the mail carrier serving the premises.

L. Privacy in apartments. In every apartment of three or more rooms in every Class A multiple dwelling hereafter erected, there shall be access to every living room and bedroom without passing through any bedroom. There shall be, in every apartment in every Class A multiple dwelling hereafter erected, access from every bedroom to at least one water closet compartment without passing through any bedroom. No water closet compartment shall hereafter open directly into any kitchen or cooking space.

M. Required elevators.

(1) Every structure intended for multiple dwelling occupancy, including but not limited to office buildings and apartment houses, exceeding two stories in height shall be equipped with one or more power passenger elevators.

(2) All such power elevators shall be operated and capable of being operated at all times.

(3) Said elevators shall be accessible from each floor above the entrance floor.

(4) For the purposes of this subsection only, the term "story" means that portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between any floor and the ceiling next above it which is utilized wholly or partly for residential, excluding superintendent's basement apartment, business or commercial purposes.

§ 86-133 Fire protection for future construction.

A. Entrance halls. Every entrance hall in every multiple dwelling hereafter erected shall be at least four feet wide in the clear, from the entrance up to the stair, and beyond this point shall be at least three feet eight inches wide in the clear. If such entrance hall is the only entrance to more than one flight of stairs, such hall shall be increased in width by 1/2 in every part for each additional flight of stairs.

B. Shafts for elevators and dumbwaiters. Every shaft hereafter constructed in any multiple dwelling shall be enclosed on all sides with fireproof walls, as prescribed in § 86-73, Shaft enclosures, and with self-closing fireproof doors at all openings, as prescribed in § 86-75D, Protection of openings in interior shafts. All dumbwaiter doors in multiple dwellings hereafter constructed shall be operated by an interior lock in the shaft, controlled from a central point in the cellar of said permits, and shall be provided with an automatic device approved by the Superintendent of Buildings 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 closed and locked. Every elevator hereafter installed shall be equipped with a gate, which shall be provided with an automatic device approved by the Superintendent of Buildings to prevent the normal operation of such elevator unless such gate is closed. When any elevator or dumbwaiter hereafter constructed in any multiple dwelling opens into more than one stair, public hall or elevator vestibule on any floor, such elevator or dumbwaiter shall be placed in a separate shaft. Not more than two elevators or dumbwaiters shall hereafter be placed in any shaft.

C. Stairs. In every multiple dwelling hereafter erected, every stair, fire stair or fire tower shall be provided with proper balustrades and railings and shall be kept in good repair and free from any encumbrance. Every such stair shall conform to § 86-40, Required stairways. In every multiple dwelling, every stair that may be hereafter constructed leading from the first story to the cellar or basement shall be entirely enclosed with fireproof walls and be provided with fireproof self-closing doors at both top and bottom; provided, however, that in every existing nonfireproof multiple dwelling where such stair is permitted, such stair may be enclosed in fire-retarded walls.

D. Cellar entrance. In every multiple dwelling hereafter erected, there shall be a direct entrance to the cellar or other lower story from the outside of said building. No such cellar entrance existing in any multiple dwelling shall thereafter be obstructed.

E. Frame multiple dwellings. No frame multiple dwelling shall hereafter be erected, and no frame structure not now used as a multiple dwelling shall hereafter be altered or converted to such use except as provided in § 86-139. No existing frame multiple dwelling shall hereafter be increased in height nor shall it be altered or permit a greater occupancy on any floor than is provided for at the time when this code becomes effective.

F. Storage of combustible materials. No multiple dwelling nor any part thereof nor of the lot upon which it is situated shall be used as a place of storage, keeping or handling of any article dangerous or detrimental to life or health nor for the storage, keeping or handling of feed, hay, straw, excelsior, cotton, paper stock, feathers, rags or other combustible materials.

G. Bakeries and fat boiler. No bakery and no place of business where fat is boiled shall be maintained in any multiple dwelling which is not fireproof throughout unless the ceiling, sidewalls and all exposed iron or wooden girders or columns within said bakery or within said place where fat boiling is done are made safe by fireproof materials around the same. There shall be no openings, such as doors, windows, dumbwaiter shafts or other openings, between said bakery or said place where fat is boiled in any multiple dwelling and any other part of said structure, except that in bakeries in which no fat is boiled and in which no apparatus for fat boiling is present or on the premises, a dumbwaiter communicating between the place where the baking is done and the store above may be maintained if entirely enclosed in a brick shaft with walls not less than eight inches thick and without any openings whatsoever, except one door opening in the bake shop and one door opening in the bakery store, such openings shall be provided with a fireproof door so arranged that when one door is open or partly open, the other door shall be entirely closed. This subsection shall not be construed to prevent access to public parts of a multiple dwelling from any bakery maintained therein if the product of such bakery is prepared for consumption and is consumed exclusively within such multiple dwelling.

H. Garages for multiple dwellings.

(1) Where the construction of a garage or other space for the storage of motor vehicles in multiple dwellings is permitted by the Zoning Ordinance, every such garage shall have immediately above it an unpierced floor of Class 1 construction with a fire-resistive rating of at least three hours as prescribed in § 86-71, Fire-resistive floors and roof. The walls of every such garage shall be of approved masonry with a fire-resistive rating of at least four hours.

(2) Where permitted by the Zoning Ordinance, a garage not exceeding one story in height may be erected in the rear of any multiple dwelling if such garage is of Class 1 or Class 2 construction within fire limits and Class 1, 2 or 3 construction outside of fire limits and if the open and unoccupied area between the rear wall of such multiple dwelling and the front wall of such garage is not less in depth at any point than 20 feet.

(3) No gasoline, oil or other fuel shall be sold, stored or handled in any garage of a multiple dwelling, but this shall not prevent the keeping of such gasoline and oil or other fuel as may be actually contained in the tanks of motor vehicles kept in such garage. Such garage shall be used only for the storage of passenger automobiles belonging to the tenants of the multiple dwelling, where or in the rear of which such garage is maintained.

(4) All garages must be ventilated, as prescribed in § 86-24, Ventilation of garages, and shall be equipped with fireproof windows glazed with good quality wire glass and opening on the street or yard. Every such window shall be constructed with movable sash so that not less than 25% of the window area may be opened to the outer air. Every such sash shall be equipped with self-closing devices in a manner prescribed by the Superintendent of Buildings. Windows in garages below grade shall have an aggregate area of not less than 5% of the superficial floor area of such garage.

(5) No required means of egress shall be permitted to open into any garage space or within 12 feet of any opening of a garage.

(6) A supplementary means of ingress or egress may open into a garage from any other portion of the structure by means of a passageway not less than four feet wide and 12 feet in length, the sidewalls and floor above which shall be as prescribed for the garage and the floor of which shall be one foot above the garage floor and have a maximum gradient of one foot in 10 feet. There shall be a self-closing fire door at each end of such passageway.

(7) Every garage in multiple dwellings shall be provided with exits in the ratio of one for every 2,500 square feet of floor area, provided that the number of exits shall never be less than two.

I. Guardrails and wires.

(1) In every multiple dwelling hereafter erected, every open area consisting of a roof, extension roof, terrace, areaway, outside stair, stair landing, retaining wall and porch and every stair window shall be protected in a manner approved by the Superintendent of Buildings by a parapet wall or a guardrail not less than three feet six inches in height above the level of such area or, in the case of a stair window of the floor adjacent thereto, unless said Superintendent shall deem that the use or construction of such area or of such window is such that said protection is not necessary to safeguard life or safety. When such guardrails are furnished, they shall not be considered as affecting the height of such multiple dwelling or any part thereof.

(2) All radio antenna or other wires heretofore or hereafter placed over any roof of any multiple dwelling shall be kept at least 10 feet above such roof.

J. Heating and lighting. Every multiple dwelling hereafter erected exceeding two stories in height shall be provided with heat sufficient to maintain the minimum temperature required by any other law or ordinance having jurisdiction in all portions of the building used for living purposes, and the cellar or other lowest story and all rooms, public halls, stair halls, fire stairs, fire towers, water closet compartments and bathrooms in the building shall be adequately equipped with fixtures and pipes or wires for lighting by gas or electricity as the case may be.

K. Boiler rooms. In every multiple dwelling hereafter erected exceeding three stories in height, the boiler shall be enclosed with fireproof walls or partitions extending to the ceiling and with self-closing fireproof doors at all openings to other portions of the structure. Access to the main cellar or other lowest story in which the boiler is located shall not be through the boiler room nor shall any gas meter, cellar or basement stair or shaft be installed therein.

L. Gas meters. In multiple dwellings hereafter erected, no gas meters shall be placed in any stair hall or public hall on any floor above the cellar or, if there be no cellar, above the lowest story.

§ 86-134 Sanitation in multiple dwellings.

A. Water supply. In every multiple dwelling hereafter erected where space is provided for cooking, there shall be a proper sink with running water and a two-inch waste and trap in every apartment. The owner shall provide proper appliances to receive and distribute an adequate and sufficient supply of water in each apartment or suite of rooms at all times of the year during all hours of the day and night, and such supply for structures exceeding two stories in height shall include both hot and cold water during all hours between 6:00 a. m. and 12:00 midnight, but a failure in the general supply of water from the street service main shall not be construed to be a failure on the part of such owner, provided that proper and suitable appliances to receive and distribute such water have been provided in said house. No multiple dwelling shall hereafter be erected unless it is connected with a street service water main. No required sink shall hereafter be placed within any water closet compartment. Nothing in this subsection shall be construed to require the maintenance of hot-water service in a multiple dwelling heretofore erected in which such service has not been heretofore furnished.

B. Water closet accommodations.

(1) In every multiple dwelling hereafter erected, except as in § 86-136A(2) otherwise expressly permitted, there shall be a water closet in a separate compartment in each apartment and completely separated from every other water closet and bath. In every Class A multiple dwelling hereafter erected exceeding two stories in height, every apartment shall contain a bath either in such compartment or in a separate bathroom. Such compartment shall be not less than two feet four inches wide in the clear and shall be enclosed with plastered or tile partitions, which shall extend to the ceiling. Such compartment shall have a window opening directly upon the street, yard or court. Every such window shall be at least one foot by three feet between stop beads, and the window shall be made so as to readily open to the extent of 1/2 its area, however, when such water closet compartment is located on the top floor and is lighted and ventilated by a skylight over it or is located at the bottom of a shaft or court of lawful size and is lighted and ventilated by a skylight over it at the bottom of such shaft or court, no window shall be necessary, provided that the roof of such skylight contains at least three square feet of glazed surface and is arranged so as to readily open. Nothing in this subsection, in regard to the ventilation of water closet compartments intended solely for the use of business portions of the building, shall be construed to prohibit, in lieu of a window, a system of mechanical exhaust ventilation constructed and arranged as approved by the Superintendent of Buildings and continuously maintained and operated to provide at all times not less than four changes per hour of the air volume of such water closet compartment daily from 7:00 a.m until 7:00 p.m., and nothing in regard to the separation of water closet compartments from each other shall apply to a general toilet room containing several water closets hereafter placed or heretofore lawfully placed in a multiple dwelling, provided that such water closets are supplemental to the water closet accommodations required by law for the use of the tenants of said dwelling or are solely for the use of business portions of the building.

(2) Except as provided in § 86-132F, no water closet shall be maintained in the cellar of any multiple dwelling unless such water closet is supplemental to those water closets required by this article, nor without a written permit from the Superintendent of Buildings.

(3) Every water closet compartment hereafter placed in any multiple dwelling shall be provided with fixtures for gas or electricity to properly light the same at night. The floor of every such water closet compartment shall be made waterproof with asphalt, tile, stone or some other waterproof material approved by the Superintendent of Buildings, and such waterproofing shall extend at least six inches above the floor so that said floor can be washed or flushed out without leaking. No drip trays shall be permitted. No water closet or other plumbing fixture shall be enclosed with any woodwork. No water closet or water closet compartment shall hereafter be installed, kept or maintained in any yard or court of any multiple dwelling, whether heretofore or hereafter erected.

C. Plumbing and drainage for multiple dwellings. In every multiple dwelling, all liquid waste from plumbing fixtures shall be conveyed by a house drain and house sewer to the street sewer, and no multiple dwelling, which is occupied by more than four families, shall be erected except where it is practicable to make such connection with a street sewer. In every multiple dwelling, all shafts, courts, areas and yards shall be properly graded and drained and connected with the stormwater drain so that all water may pass freely into it, except that where no stormwater drain or combined sewer exists in the street, the Superintendent of Buildings may permit the shafts, courts, areas and yards to be drained into the street gutter, provided that such gutter leads to a natural channel or watercourse or, if the soil be permeable, to be drained into a dry well. When required by the Superintendent of Buildings, the shafts, courts, areas and yards shall be properly concreted.

D. Repairs to multiple dwellings. Every multiple dwelling and every part thereof shall be kept in good repair, and the roof shall be kept so as not to leak, and all rain water shall be so drained and conveyed therefrom as to prevent its dripping to the ground or causing dampness in the walls, ceilings, yards or areas. The owner of such multiple dwelling shall be responsible for compliance with the provisions of this section, but the tenant also shall be liable for every violation of the provisions of this section if such violation is caused by his own willful act or negligence or that of any member of his household or his guest.

E. Painting shafts and courts. The walls of all courts and shafts of multiple dwellings, unless built of a light color brick or stone, shall be thoroughly whitewashed or painted a light color by the owner and shall be so maintained. Such whitewash or paint shall be renewed whenever necessary as may be determined and required by the Superintendent of Buildings. The provisions of this subsection shall not apply to walls of outer courts when such courts open on a street.

F. Cleanliness. Every multiple dwelling and every part thereof shall be kept clean and free from vermin and from any accumulation of dirt, filth or garbage or other matter in or on the same or in the yards, courts, passages, areas or alleys connected with or belonging to the same. The owner of every multiple dwelling or part thereof shall thoroughly cleanse every room, passage, stair, floor, window, door, wall, ceiling, privy, watercloset, cesspool drain, hall, cellar, roof and every other public part of said multiple dwelling or part of the dwelling of which he is the owner to the satisfaction of the Superintendent of Buildings and shall keep said parts of said multiple dwelling in a clean condition at all times, but this provision shall not be construed to make the owner responsible for such cleanliness of occupied rooms or apartments. Where carpets or rugs are provided in public parts of the multiple dwelling, they shall be taken up and cleaned once a year or as often as the Superintendent of Buildings shall deem necessary. The interior surfaces of walls and ceilings of any multiple dwelling, whether or not in public parts thereof, shall be painted or, if papered, shall be repapered or painted, and the ceilings shall be rekalsomined, repapered or repainted whenever necessary to keep said surfaces in a sanitary condition. No wallpaper shall be placed upon a wall or ceiling of any multiple dwelling unless all wallpaper shall be first removed therefrom and said wall or ceiling thoroughly cleaned and repaired. No person shall place ashes, garbage, rubbish, filth, urine or fecal matter in any place in a multiple dwelling, other than in that provided for the same, or keep ashes, garbage, rubbish, filth, urine or fecal matter in his apartment or upon his premises such length of time as to create a nuisance. Any tenant shall be punishable hereunder for the existence of conditions in violation of the provisions of this article within his apartment to the extent that such conditions are caused by him or by the members of his household and are under his control, but this provision shall be construed to relieve the owner of any liability or duty under this subsection, except where such violation is caused and continued solely by the tenant.

G. Receptacles for waste matter. The owner of every multiple dwelling shall provide proper and suitable conveniences or receptacles for ashes, rubbish, garbage, refuse and other waste matter for said dwelling and shall arrange for the removal of such ashes, rubbish, garbage, refuse and other waste matter daily from within said structure.

H. Uses prohibited. No apartment in any Class A multiple dwelling shall be used for a rooming or a lodging house or hotel, but this sentence shall not be construed to prohibit the letting of one or more rooms in any apartment in any Class A multiple dwelling to lodgers if no room in such apartment is occupied by more than two persons. No such room shall be let to any lodger unless such lodger and every other occupant of the apartment in which such room is located shall have free and unobstructed access to each required exit from such apartment. Such access, if through any room, shall not be obstructed by any door or device capable of being locked or fastened, and such exit shall be deemed to include the opening to any required fire escape, fire stair or fire tower directly accessible from such apartment. No multiple dwelling or any part thereof or the lot or premises thereof shall be used for the purpose of prostitution or assignation of any description. No horse, cow, calf, swine, sheep or goat shall be kept in a multiple dwelling or on the same lot or premises thereof.

I. Janitor or housekeeper in charge of multiple dwellings. Whenever there shall be more than 12 families living in any multiple dwelling in which the owner thereof does not reside, there shall be a janitor, housekeeper or some other responsible person who shall reside in said house and have charge of the same.

J. Solid waste reduction. Every structure hereinafter constructed and intended for multiple dwelling occupancy and exceeding a height of more than two stories shall furnish a solid waste reduction system. The reduction of waste may be performed by any of the following methods:

[Added 4-12-1976 by L.L. No. 3-1976]

(1) An approved incinerator which satisfies all the latest requirements of Nassau County with regard to smoke, odor, particles, emissions and other such requirements. The construction of these incinerators shall be as per the Village of Freeport Building Code, § 86-91.

(2) The compactor system shall satisfy the requirements of the Village of Freeport L.L. No. 2 of 1969, Collection of Garbage and Waste, and those items herein listed:

(a) Obtain a building permit, per § 86-6A(1), which includes drawings submitted to the Building Department by a licensed professional engineer and which have included therein the following items:

[1] Plans for proposed compactor room, showing a three-hour rated structure closure, separate from the boiler room and with its own entrance to the public corridor. The door leading to the corridor shall be one-and-one half rated and kept locked to the public.

[2] A sprinkler system thermostatically controlled in the compactor room at a rate of one head per 135 square feet with the thermostat set at 165° F. The system shall be equipped with an OSY-value and a flow-check valve connected to the alarm bell and located on the exterior wall of the compactor room.

[3] A sprinkler head within the hopper leading to the compactor below the ceiling of the compactor room and thermostatically controlled.

[4] Construction of the chute shall satisfy the requirements of the Freeport Building Code, § 86-82F.

[5] An access panel shall be provided in charging the chute to provide means of unloading the storage compartment manually. This access panel shall be equipped with a safety shutoff device and closeoff damper to provide safety while maintaining the compactor itself.

[6] A three-fourths-inch diameter hose bib in the compactor room.

[7] A floor drain in the compactor room to be connected directly to the drywell system.

[8] Automatic insecticide and deodorizer systems within the charging hopper and the compactor room.

[9] One approved fire extinguisher 12 B:C rating.

[10] All plumbing and electrical work shall be performed by electricians and plumbers licensed in Freeport and shall meet all the requirements of their respective codes.

[11] The room shall be provided with adequate light.

(3) Any commercially accepted reduction system, other than incinerators or compactors, must have the approval of the Department of Public Works and the Superintendent of Buildings.

§ 86-135 Fire protection for Class I and Class II multiple dwellings.

A. Stairs.

(1) Every fireproof multiple dwelling hereafter erected exceeding two stories in height, except as in Subsection A(7) otherwise specifically provided, shall have at least two fire stairs extending from the entrance floor to the roof and equipped with fireproof self-closing doors without transoms and with wire glass and fireproof frame and sash at all openings, except any window facing a street or yard. Such fire stairs shall be at least 15 feet distant from each other and from every fire stair and fire tower unless they are on opposite sides of a public hall or elevator vestibule or are separated by an elevator shaft. The doors giving access to such stairs shall not be held open by any device whatsoever.

(2) Every such fire stair shall have an entrance on the entrance floor from the street or an entrance at the side or rear of such dwelling from a yard, court or passageway having continuous, safe and unobstructed access from the street. Except as otherwise expressly provided in Subsection A(5), in every fireproof multiple dwelling hereafter erected not exceeding 120 feet in height, every stair, fire stair and fire tower shall be at least three feet wide in the clear, except that where not more than one fire stair or fire tower is required, such fire stair or fire tower shall be not less than three feet eight inches wide in the clear. In fireproof multiple dwellings hereafter erected exceeding 120 feet in height, every required fire stair shall be at least three feet eight inches wide in the clear from the entrance floor up to a floor level not more than 100 feet below the ceiling of the highest story in such multiple dwelling and, above such floor level, every fire stair shall be at least three feet wide in the clear. Stair landings at all floor levels shall be at least three feet eight inches wide in the clear.

(3) Except as otherwise expressly provided in Subsection A(5), in every fireproof multiple dwelling hereafter erected, if the number of rooms, exclusive of bathrooms, water closet compartments and cooking compartments, not exceeding 49 square feet in area on any floor above the entrance floor exceeds 40, there shall be an additional fire stair for each 20 rooms or fraction thereof on any floor above the entrance floor in excess of 40, provided that if the number of rooms, exclusive of bathrooms, water closet compartments and cooking compartments, not exceeding 49 square feet in superficial floor area on any such floor above the entrance floor does not exceed 50, in lieu of an additional fire stair, one fire stair may be in clear width at least 1 1/2 times the width specified for fire stairs in Subsection A(2), and every public hall connected with such fire stair shall be 1 1/2 times the width specified for public halls in Subsection F, and every entrance hall connected with such fire stair shall be 1 1/2 times the width specified for entrance halls in § 86-133A.

(4) Except as otherwise specifically provided in Subsection A(5) and (7), such fire stairs shall be so located that there shall be horizontal access from every apartment to not less than two fire stairs and not less than one of which shall be within 75 feet horizontally in the line of travel of at least one required exit from such apartment.

(5) Every Class B fireproof multiple dwelling hereafter erected in which at least 80% 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, and such fire stairs shall be so located that at least one fire stair shall be at no greater distance than 125 feet along the line of travel from the exit of any living room in such multiple dwelling. Every such fire stair shall have a clear width of at least three feet eight inches. Such two fire stairs shall be deemed adequate for 70 such living rooms. If the number of such living rooms on any such floor is greater than 70, for each 35 living rooms or fraction thereof in excess of 70 on any such floor, there shall be one additional fire stair, except that if such fractional excess number of living rooms is not more than 20% of the total number of living rooms provided for by the required two fire stairs and one additional fire stair for each 35 living rooms, if any, in excess of 70, in lieu of another fire stair for such fractional excess number of living rooms, the area of every fire stair landing at such floor may be increased by not less than two square feet for each living room of such fractional excess number of living rooms. In every such Class B fireproof multiple dwelling, each living room which is occupied by more than two persons shall be counted as one additional room for each 400 cubic feet or fraction thereof by which the cubic content of such room exceeds 800 cubic feet.

(6) A fire tower may, except as provided in Subsection A(7), be substituted for any fire stair required hereunder. When a fire tower is substituted for a fire stair, such fire tower shall have its exit directly to the street or to a yard or court having direct unobstructed access to a street without passing through any entrance hall, except that a fire tower may have its exit into a public vestibule if such exit is not more than 15 feet distant from the street.

(7) In any Class A fireproof multiple dwelling or section thereof hereafter erected not exceeding six stories in height, not more than one stair shall be required, provided that the number of apartments having access to such stair at each floor does not exceed six and the aggregate number of rooms in such apartments does not exceed 20, except that the total aggregate number of rooms above the first floor shall not exceed 100, and the aggregate number of apartments above the first floor shall not exceed 30. Such stair shall comply with all the provisions of § 86-137F, except that, in lieu of a window, such stair may have an opening to the street or to a yard or court, other than a lot line court, at each floor. Such opening shall not be less than 40 square feet in area and not less than five feet in width and shall be furnished with a guardrail, approved by the Superintendent of Buildings, properly secured and not less than five feet in height. Such opening shall be kept continuously open to the outer air. No exit from any apartment to such stair shall be more than 25 feet distant therefrom.

B. Exits from apartments. Except as otherwise specifically provided in § 86-135A(7), in every fireproof multiple dwelling hereafter erected, there shall be at least one exit from each apartment on each floor thereof so located that such exit shall not be more than 40 feet distant from any room in such apartment on such floor, but in no event shall more than two exits be required from any apartment on each floor thereof. When two exits are required, they shall open from different rooms. Except as otherwise expressly provided in § 86-135A(5) and (7), at least one fire stair shall be accessible from each such exit, and at least one fire stair shall be distant not more than 75 feet from at least one such exit. When any such fire stair serving any apartment as a required means of egress from the building opens exclusively into an entrance hall, no other fire stair serving the same apartment as a required means of egress from the building shall open exclusively into the same entrance hall. Any required fire stair not opening exclusively into an entrance hall shall open on a street or in a yard, court or passageway affording continuous, safe and unobstructed access to the street, but any such required fire stair serving any apartment as a means of egress from the building may have a supplementary entrance into the same entrance hall as that into which any other fire stair serving the same apartment as a required means of egress from the buildings opens exclusively. Whenever any apartment occupies parts of more than one floor, there shall be at least one exit on each floor of such apartment, and the number of exits on any floor of such apartment shall be determined as though each floor of such apartment were a separate apartment. When any apartment occupies more than two floors or parts of more than two floors, every stair within such apartment leading to the third or any higher floor of such apartment shall be enclosed with fireproof partitions with a self-closing fireproof door at the second floor landing of such stair and at the lowest landing of every additional flight leading from the third floor or any higher floors of such apartment or, in lieu of such fireproof partition and self-closing fireproof door, at least two exits from such apartment shall be provided on the first and third floors thereof and on alternate higher floors, if any, and such exits shall open from different rooms. No exit from any apartment in any multiple dwelling hereafter erected shall open without the intervention of a vestibule or public hall into any stair, fire stair or fire tower required under the provisions of this section.

C. Bulkheads. Every stair, fire stair and fire tower required by Subsection A to extend to the level of the roof of any fireproof multiple dwelling hereafter erected or any terrace formed by a setback in such dwelling shall extend to and through a fireproof bulkhead or other fireproof enclosure approved by the Superintendent of Buildings in such roof or terrace. Such bulkhead or enclosure shall give free and unobstructed access at all times to such roof or terrace by means of a fireproof self-closing door. No such door shall at any time be locked with a key but may be fastened on the inside by movable bolts or hooks. All key locks on bulkhead doors shall be removed. Every such bulkhead enclosure hereafter constructed in any fireproof multiple dwelling shall be constructed as provided in this section. Stairs extending from such bulkhead or enclosure shall have a handrail. Every fireproof multiple dwelling hereafter increased in height shall be provided with a bulkhead or other fireproof enclosure as prescribed in this section for every stair, fire stair and fire tower carried to the roof in accordance with the provisions of Subsection A. In any fireproof multiple dwelling hereafter erected, the roof of any penthouse, which is protected by parapet walls or guardrails as required by § 86-133I, may, for the purpose of this subsection, be deemed part of the main roof of such multiple dwelling if unobstructed access is provided and maintained between all required fire stair landings on the main roof adjoining such penthouse and on the same penthouse and any other penthouse extending above such main roof. Such unobstructed access shall, where horizontal, be by means of a passage not less than three feet in clear width and may include one or more stairs necessary to provide access from any penthouse roof to any main roof adjoining such penthouse, such stairs shall be constructed so as to conform to all the requirements for stairways or fire escapes pursuant to § 86-137C and shall be so located that there shall be a passageway not less than four feet in clear width between such stairs and the parapet wall or railing of the main roof.

D. Enclosed stairways. In every fireproof multiple dwelling hereafter erected in which one or more power passenger elevators are maintained and operated and open upon a public hall at every story, every stair, fire stair and fire tower shall be completely separated from every other fire stair, fire tower and stair and from every elevator shaft by fireproof walls or partitions. Every such fire stair and fire tower and stair shall be constructed of fireproof material throughout. There shall be no wood or other inflammable material of any kind in such fire stair, fire tower or stair, except that handrails of hardwood may be provided. Access to stairs, fire stairs and fire tower balconies from any public hall or public vestibule shall be through self-closing fireproof doors not less than three feet wide or through pairs of such doors not less than four feet wide containing a fixed sash glazed with good quality wire glass, the area of which is not less than 360 square inches. Every stair hall shall be ventilated by a window or by movable louvres in the skylight having a minimum opening of 144 square inches or by an opening of such area near the top of the stair shaft and communicating directly with the outer air. If a window is provided, except a window opening upon a street or yard, it shall be fireproof and glazed with good quality wire glass and no pane thereof shall exceed 360 square inches in area.

E. Cellar and basement stairs. In every fireproof multiple dwelling hereafter erected, any cellar or basement stair may be located inside the building but shall not be located underneath the stairs leading to the upper stories, but this prohibition shall not apply where the basement is the main entrance floor of the dwelling or where the stair leading to the cellar is separated from the stair leading upward from the entrance floor by a fireproof arch and is also enclosed with fireproof walls with fireproof self-closing doors at the top and bottom of such stair. All such inside stairs shall be entirely enclosed with fireproof walls provided with self-closing fireproof doors at all openings.

F. Public halls. In every fireproof multiple dwelling hereafter erected in which one or more power passenger elevators are provided and operated and open on a public hall at every story on which there is a living room, such public hall shall be at least three feet eight inches in clear width and shall be separated from all other parts of the dwelling by fireproof walls, and all openings to stairs, fire stairs, fire tower balconies, shafts, apartments or suites of rooms shall be protected by fireproof self-closing doors, but in any fireproof Class B multiple dwelling hereafter erected, any apartment consisting of not more than one room opening directly upon a public hall and any apartment consisting of not more than three rooms, if in a college or school dormitory, shall not be required to be separated from such public hall by a fireproof self-closing door. No window opening to the outer air will be required from such public hall or public vestibule, provided that every such public hall and every public vestibule shall be equipped for artificial lighting and shall be kept properly lighted at all times, and provided further that every such public hall, unless ventilated by mechanical means approved by the Superintendent of Buildings, shall be ventilated to the outer air by means of vent flues not less than 12 inches by 12 inches in size and so located that openings into such vent flues shall be provided so that there shall be one opening of not less than the dimensions hereinabove prescribed in each 1,000 cubic feet of air content of such public hall. Such vent flues shall be continuous for the height of the dwelling with openings at each story equipped with fire dampers held open by means of a fusible link at each opening and properly hooded or provided with louvres at the top above the roof. If any window to the outer air is provided in such public hall or public vestibule of the size prescribed in § 86-132B, no vent flues need be provided in such portion of such public hall or public vestibule where such window occurs for a distance of 40 feet from each side of such window. Every public hall in every fireproof multiple dwelling hereafter erected which is not ventilated as prescribed in the foregoing provisions of this section shall comply with § 86-137G. The provisions of this subsection as to ventilation shall apply to all parts of an entrance hall not within 60 feet distant in a straight line from the entrance doors and to all returns or recesses leading to elevators that are deeper than four times their width and to all other returns or recesses from such entrance halls that are deeper than their width. 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.

G. Partitions. In every fireproof multiple dwelling hereafter erected, all partitions shall rest directly upon the fireproof floor construction and extend to the fireproof floor construction above.

§ 86-136 Sanitation for Class I and II multiple dwellings.

A. Interior water closets and bathrooms.

(1) In every fireproof multiple dwelling hereafter erected in which one or more power passenger elevators are provided and operated, water closet compartments, which are supplementary to those required by law, and bathrooms may be ventilated solely by a system of mechanical exhaust ventilation constructed and arranged as approved by the Superintendent of Buildings and continuously maintained and operated to provide at all times not less than four changes per hour of the air volume of such water closet compartment or bathroom daily from 6:00 a.m. until 12:00 midnight.

(2) In every fireproof multiple dwelling hereafter erected in which one or more power passenger elevators are provided, maintained and operated and in which there are two or more floors, every room on which opens directly upon a public hall without any intervening room, foyer or passage, there shall be at least one, and there shall not be required to be more than one water closet compartment for every three rooms on each of such floors, each such water closet compartment to be accessible to one or more of said rooms without passage through a public hall or any bedroom. On any of such floors, when not more than two rooms open upon a foyer giving direct access to a public hall, such rooms shall be deemed to open directly upon a public hall. Every such water closet compartment shall be ventilated either in the manner prescribed in § 86-134B or by a system of mechanical exhaust ventilation as prescribed in Subsection A(1) of this section. No required water closet compartment on any floor in any such multiple dwelling shall be ventilated otherwise than by a window open to the outer air as required by § 86-134B, unless every apartment on such floor consists of one room opening directly upon a public hall without any intervening room, foyer or passage or not more than two rooms opening directly upon a foyer giving direct access to a public hall.

(3) In every such multiple dwelling hereafter erected, there shall be on each floor at least one water closet compartment for every 15 rooms or fraction thereof not having access to a water closet compartment without passage through a public hall or bedroom, and every such room shall have access to such water closet compartment through a public hall. Every such water closet compartment shall have a window for ventilation as provided in § 86-134B. If more than one such water closet is required hereunder on any of such floors, such water closet compartments may be placed in a general toilet room in the manner provided in § 86-134B of this article respecting supplemental toilets.

(4) Every mechanically ventilated water closet compartment permitted by this section shall comply with the provisions of § 86-134B, except that no window or skylight shall be required.

B. Water closets in certain Class B multiple dwellings. In every fireproof Class B multiple dwelling hereafter erected, in every living room which, except those used only by the employees employed exclusively in the management and maintenance of such dwelling, has direct access to a public hall without passing through any other room, foyer or private hall, there shall, except where water closet accommodations are provided in accordance with the provisions of Subsection A, be on each floor, upon which there is any such living room, not less than two water closet compartments for the first 20 such rooms or fraction thereof and not less than one additional water closet compartment for each additional 15 living rooms or fraction thereof. For every urinal supplied on any floor of any such multiple dwelling, one water closet less than the number required pursuant to the preceding sentence may be provided where more than 16 rooms are designed to be occupied and are occupied exclusively by males on such floor, except that the number of water closets may not be reduced to less than 3/4 of the number required pursuant to the preceding sentence. Such water closet compartments on each floor shall be accessible from every such living room on said floor. Such water closet compartments may be placed in one or more general toilets. Every such general toilet shall have a window opening to the outer air of the dimensions and kind and location required in a living room of like area pursuant to the provisions of § 86-132B. Except as otherwise provided for supplementary water closets in Subsection A, every such water closet compartment not placed in a general toilet shall be ventilated as prescribed in § 86-134B for required water closet compartments. Except as otherwise provided in this section with respect to ventilation and except as to separation of water closet compartments from each other when such water closets are in a general toilet, every water closet compartment or general toilet containing water closet compartments permitted under this section shall comply with the provisions of § 86-134B. The provisions of Subsection A(2) shall not be applicable to any such Class B multiple dwelling in which water closet accommodations are provided pursuant to this section.

C. Employee water closets. In every fireproof multiple dwelling hereafter erected in which one or more power passenger elevators are provided, maintained and operated and in which two or more rooms, all of which open directly upon the same public hall, are occupied exclusively by persons employed as domestic servants of the tenants thereof, there shall be appurtenant to such rooms and accessible therefrom directly or through such public hall at least one water closet compartment for the first four such rooms or fraction thereof and not less than one additional water closet compartment for each additional seven such rooms or fraction thereof. Such water closet compartments shall comply with the requirements of § 86-134B.

§ 86-137 Fire protection for Class III multiple dwellings.

A. First tier beams. In every multiple dwelling hereafter erected exceeding three stories in height, the first floor above the lower cellar or, if there be no cellar, above the lowest story shall be constructed entirely fireproof with a fire-resistive rating of at least three hours. Said first floor shall be unpierced and without any opening, except for ventilating ducts, dumbwaiter and elevator shafts if such dumbwaiter and elevator shafts are equipped at all levels below said first tier of beams with fireproof self-closing doors. Such first floor may also be pierced for a stair leading to the cellar as provided in Subsection C. In every nonfireproof multiple dwelling hereafter erected not exceeding three stories in height where the first floor above the lowest cellar or, if there be no cellar, above the lowest story is not constructed fireproof as in this section provided, the cellar ceiling of said multiple dwelling shall be fire-retarded as provided in § 86-78, Fire-resistive ceilings. Whenever the cellar of a nonfireproof multiple dwelling hereafter erected extends over a part, but not the entire area, of the building and such part does not exceed in area 50% of the area of the building, that portion of the first floor which is directly over such cellar and all of the second floor shall be constructed as in this section prescribed for the first floor above the cellar. Where the cellar of a nonfireproof multiple dwelling hereafter erected extends over a part, but not the entire area, of the building and such part exceeds in area 50% of the area of the building, only that portion of the first floor which is directly over such cellar shall be constructed as in this section prescribed for the first floor above the cellar.

B. Egress for Class III multiple dwellings.

(1) Except in structures not exceeding two stories in height, every nonfireproof multiple dwelling hereafter erected shall have at least two means of egress extending from the ground floor to the roof. Such means of egress shall be at least 15 feet distant from each other unless they are on opposite sides of a public hall. One such means of egress shall be a stair constructed and arranged as provided in Subsection F. The other means of egress may be a fire stair or fire tower constructed and arranged as provided in § 86-135A(2) or a fire escape constructed and arranged as provided in Subsection C.

(2) If the number of living rooms in such nonfireproof multiple dwelling on any floor or in any section of such floor above the entrance floor exceeds 20, there shall be an additional stair for each 20 rooms or fraction thereof on any such floor or section thereof in excess of 20, except that if the number of living rooms on any such floor or section thereof above the entrance floor does not exceed 30 rooms, in lieu of an additional stair, one stair and every public hall and entrance hall connected therewith may be four feet six inches in clear width.

(3) There shall be accessible from every apartment in every such multiple dwelling two means of egress extending from the entrance floor to the roof, one of which shall be a stair within 50 feet from an exit from such apartment.

(4) Whenever more than two stairs are required in any such multiple dwelling, one of such means of egress may be fire stair or fire tower, provided that there shall never be more than one such fire stair or fire tower for each two stairs.

C. Fire escapes.

(1) Every fire escape hereafter erected shall be located, arranged and constructed as follows: such fire escape shall open directly from at least one living room or private hall in each apartment or suite of rooms at each story above the ground floor and shall not include the window of a stair hall, and such room or private hall shall be an integral part of said apartment and accessible to every room thereof without passing through a public hall. Access to any fire escape shall not be obstructed in any way. Except as permitted in the Zoning Ordinance, no fire escape shall hereafter be placed in any outer court unless said court is at least 18 feet in width and does not exceed 30 feet in depth or is of greater width and is in depth not more than 70% in excess of such width or unless the court is situated on the lot line and is not less than 10 feet in width or is on the lot line and extends from the street to the yard and is also not less than seven feet in width at any point measured from the wall of the structure to the lot line. No fire escape, other than those permitted by the Zoning Ordinance, shall hereafter be placed in any inner court unless the least horizontal dimension of such court is not less than 35 feet. Every fire escape hereafter placed in any court of a multiple dwelling shall be connected at the bottom of such court with a fireproof passageway not less than three feet in width or less than seven feet in height leading directly to the street. Any fire escape may be located in any unenclosed recess in the front of a multiple dwelling, provided that such recess is used solely for fire escape purposes and does not exceed five feet in depth from the extreme front wall of the structure and has not less than 75% of its superficial vertical area open to the street and is not roofed over or enclosed at the top. Such recess shall not be counted as part of the unoccupied area of the lot nor construed as a court unless its entire superficial area is open to the street. Any fire escape may project into the public highway to a distance not greater than four feet beyond the building line. Every fire escape shall consist of outside open iron or stone balconies and stairs. No balcony shall be less than three feet in width. Every such fire escape shall be readily accessible from at least one window or outside door of the apartment which it serves above the ground floor. Every stairway shall be placed at an angle of not more than 60° with flat open steps not less than six inches in width and 20 inches in length and with a rise of not more than nine inches. The openings for the stair in every balcony shall be not less than 21 inches by 28 inches and shall have no cover of any kind. The balcony on the top floor shall, except for multiple dwellings hereafter erected not exceeding two stories in height, be provided with stairs or with a gooseneck ladder leading from said balcony to and above the roof and properly fastened thereto, but such gooseneck ladder shall not be required to extend to a peak roof with a pitch in excess of 20°, and such stair or gooseneck ladder shall not be required when the balcony is on the front of the structure or on an outer court opening on a street. A drop ladder shall be provided from the lowest balcony of sufficient length to reach to a safe landing place beneath. All drop ladders shall be constructed, located and arranged as to be held in proper position at all times and shall, unless properly counterbalanced, be provided with guide rods so that they can be easily lowered. Every fire escape shall be constructed and maintained to safely sustain in all its parts a load of not less than 80 pounds per superficial square foot and, if of iron, shall receive not less than two coats of good paint, one in the shop and one after erection.

(2) In addition to the foregoing requirements, every fire escape hereafter erected upon multiple dwellings shall be constructed and maintained in accordance with such supplementary regulations as may be adopted by the Superintendent of Buildings. The owner of every multiple dwelling shall keep every fire escape thereon in good order and repair and whenever rusty shall have it properly painted with two coats of good paint. No person shall at any time place any incumbrance of any kind before or upon any such fire escape. Whenever a nonfireproof multiple dwelling is not provided with sufficient means of egress in case of fire, the Superintendent of Buildings may order such additional fire escapes or other means of egress as in his judgment may be necessary.

D. Exits from apartments. In every nonfireproof multiple dwelling hereafter erected, there shall be at least two exits from every apartment or suite of rooms. Such exits shall be remote from each other. The first exit shall be to a public hall connected with a stair not more than 50 feet distant from such exit. Whenever the second exit does not open directly upon a fire escape, it shall open directly on a fire tower balcony or a public hall or vestibule separated by a fireproof wall, unpierced except by an opening equipped with a fireproof self-closing door from the public hall on which the first exit opens and which connects with a stair, fire stair or with a fire tower balcony. Such door shall not be held open by any device whatsoever. In any multiple dwelling not exceeding three stories in height and not occupied by more than two families on any floor, an exit may open directly into the stair without the intervention of a public hall.

E. Bulkheads.

(1) Every required stair, fire stair and fire tower in a nonfireproof multiple dwelling hereafter erected exceeding two stories in height shall have a bulkhead located, constructed and arranged as provided in § 86-135C, except that in any multiple dwelling, the required stair in which is not required to be fireproof, any bulkhead may be built of wood and covered on the outside with twenty-six-gauge metal and on the inside with wire or metal lath covered with two coats of cement plaster or other fire-retarding material approved by the Superintendent of Buildings.

(2) Every multiple dwelling hereafter erected not exceeding two stories in height may be provided with a scuttle two feet by three feet in size and located in the ceiling of the public hall on the top floor and so arranged as to provide direct and uninterrupted access to the roof. Every such scuttle shall be arranged to be readily opened and shall be covered on the outside with metal and provided with stairs or stationary iron ladders leading thereto and easily accessible to all the tenants of the building.

(3) No bulkhead or other superstructure on the roof of any nonfireproof multiple dwelling hereafter erected shall be used for human occupancy.

F. Stairs.

(1) In every nonfireproof multiple dwelling hereafter erected, every stair and fire stair shall, except as in this subsection and Subsection G otherwise provided, be constructed and arranged as provided for fire stairs in § 86-135A and B. Every stair and fire stair shall be not less than three feet in clear width with landings at floor level three feet six inches in clear width. In every nonfireproof multiple dwelling hereafter erected, every stair, fire stair and fire tower shall be completely separated from every other stair, fire stair, fire tower, public hall and shaft by fireproof walls with fireproof self-closing doors at all openings, except that in structures not exceeding two stories in height, all such walls and partitions may be fire-retarded on both sides in lieu of being constructed fireproof. In every nonfireproof multiple dwelling hereafter erected, a window or windows shall be provided to light and ventilate every stair at each story as prescribed in § 86-132I. The aggregate area of such windows shall be at least 18 square feet for each story, and at least one of such windows shall be 2 1/2 feet wide and five feet high measured between stop beads, except that any such window which opens on a street shall not be less than four feet high. A sash door, opening to the outer air at the entrance story or at a roof, shall be deemed the equivalent of a window required in this section, provided that such door contains the amount of glazed surface prescribed for such windows.

(2) In every nonfireproof multiple dwelling hereafter erected not exceeding three stories in height and not occupied or arranged to be occupied by more than two families on any floor, in lieu of a window opening directly to the outer air as provided in Subsection F(1), there shall be a stairwell not less than 16 inches wide in the clear extending from the entrance floor to the roof, except that in two-story structures having no public hall on the first story, no stairwell need be provided. In every such multiple dwelling, there shall be a skylight directly over the stairwell as provided in § 86-132J.

G. Public halls in Class III multiple dwellings.

(1) In every nonfireproof multiple dwelling hereafter erected, every public hall shall be at least three feet in clear width and shall be completely enclosed with a fireproof floor, ceiling and walls, and all doors opening therefrom shall be fireproof, self-closing and without transoms, except that any such hall which furnishes access to not more than one stair shall not be required to be separated from such stair by any partition or door, but in any nonfireproof multiple dwelling hereafter erected not exceeding, three stories in height and not occupied or arranged to be occupied by more than two families on any floor, the walls of the public hall may be fire-retarded and the floors of the public halls shall be fireproof or provided with not less than three inches of cement deadening between the beams. Every public hall in every nonfireproof multiple dwelling hereafter erected, except a multiple dwelling not exceeding three stories in height and not occupied or arranged to be occupied by more than two families on any floor, shall have at least one window opening directly upon a street or upon a yard or a court, such window shall be at the end of such hall with the natural direction of light parallel to the axis of such hall, and if the hall exceeds 60 feet in length, there shall be one additional window in each additional 40 feet of hall or fraction thereof. If the window is not thus located at the end of the hall, there shall be at least one window opening directly upon a street or upon a yard or a court in every 40 feet in length or fraction thereof of such hall. In every public hall, recesses or returns, the length of which does not exceed twice their width, shall be permitted without an additional window, but whenever the length of such recess or return exceeds twice its width, the above provisions in reference to one window in every 40 feet or fraction thereof shall be applied unless a window is provided at the end of such recess or return not more than 60 feet from the beginning of such recess or return. The foregoing provisions of this subsection shall not apply to a public hall or vestibule not exceeding 15 feet in running length, which serves exclusively as a means of access from one or more apartments opening thereon to a fire stair or fire tower authorized by Subsection B, if such vestibule or public hall is lighted and ventilated as required by §§ 86-132K and 86-135F, and said foregoing provisions of this subsection shall not apply to that portion of the entrance hall between the first flight of stairs and the entrance, provided that the entrance door contains not less than five square feet of glazed surface, nor when such entrance hall does not extend from the outer entrance of such dwelling more than 60 feet. No entrance hall shall have a return or recess which exceeds in depth twice its width. 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.

(2) In every nonfireproof multiple dwelling in which one or more power passenger elevators are operated and maintained, there may be an elevator vestibule on each floor served by such elevator not exceeding twice the width of the elevator shaft or shafts opening into such vestibule, and such vestibule shall, unless equipped with a window open to the outer air, conform to the requirements of §§ 86-132K and 86-135F. Every door separating such vestibule from any public hall connected with a stair, fire stair or fire tower shall be fireproof, self-closing, glazed with good quality wire glass not less than 10 square feet in area and shall not be kept open by any device whatsoever.

H. Cellar or basement stairs.

(1) In every nonfireproof multiple dwelling hereafter erected, there shall be no inside stair communicating between the lowest cellar or other lowest story and the floor next above, but such stair shall in every case be located outside the structure and, if enclosed, shall be constructed entirely fireproof and be enclosed in a fireproof enclosure with fireproof self-closing doors at all openings. This provision, however, shall not apply to any stair not extending through more than one story and leading from the entrance hall to the upper stories in multiple dwellings where there is no cellar or other story directly below said entrance hall, and the walls enclosing such hall are of fireproof constructions and unpierced, except for openings to stairs, elevators, apartments and outer air. In no event shall there be any opening from said hall to space other than stairs, elevators, apartments, public reception rooms or outer air, and all apartments opening from said entrance hall of such multiple dwelling shall be entirely separated from any space within such multiple dwelling used for any other purpose by fireproof walls which shall be unpierced, except for exits into the entrance hall.

(2) In multiple dwellings hereafter erected which do not exceed three stories and a cellar in height and which are not occupied or arranged to be occupied by more than two families on any floor, any stair leading to the cellar may be located inside the building, provided that it is entirely enclosed with fireproof walls and is provided with fireproof self-closing doors at both the top and bottom.

I. Closet under stairs. In nonfireproof multiple dwellings hereafter erected, no closet of any kind shall be constructed under any stair leading from the entrance story to the upper stories, but such space to a height of four feet above the floor shall be entirely enclosed with unpierced fireproof partitions, and the remaining unenclosed portion of such space shall be left entirely open and kept clear and free from encumbrance.

J. Firestopping required in Class III multiple dwellings. In every nonfireproof multiple dwelling hereafter erected, firestopping shall comply with the requirements contained in this subsection.

(1) In every wall where wooden furring is used, every course of brick or other masonry from the underside of the floor beams to the top of the same shall project a distance of at least two inches beyond the inside face of the wall so as to provide an effective fire stop, and whenever floor beams run parallel to a wall and wooden furring is used, every such beam shall always be kept at least two inches away from the inside line of the wall, and the space between the beams and the wall shall be built up solidly with brickwork from the underside of the floor beams to the top of the same so as to form an effective fire stop.

(2) Whenever a wall is studded off, the space between the inside face of the wall and the studding at the floor level shall be fire-stopped with incombustible material. Every space between beams directly over the studded-off space shall be fire-stopped by covering the bottom of the beams with metal lath and plaster and placing a four-inch loose fill of incombustible material on the plaster between the beams or four-inch hollow burned clay tile or gypsum plaster partition block shall be cut to fill the spaces between joints and shall be supported by cleats.

(3) In all nonfireproof Class A multiple dwellings hereafter erected, apartment stud partitions which rest directly over each other shall run through the wooden floor beams and rest upon the plate of the partition below and shall have the studding filled in solid between the uprights to the depth of the floor beams with suitable incombustible materials. Apartment partitions within the meaning of this subsection are partitions crossing the floor beams at any angle and designed to separate apartment from apartment or any part of an apartment from the public hall or other part of the building.

(4) Every nonfireproof multiple dwelling within 10 feet of another nonfireproof building or a side lot line shall have the walls behind the eaves or cornices built up solid with masonry.

(5) Any cornice having wooden frames on any row of buildings shall be fully fire-stopped between buildings.

(6) Every space between stair carriages of any nonfireproof stair shall be fire-stopped by a header beam at the top and bottom. Where a stair run is not all in one room or space, the stair carriages shall have an intermediate fire stop so located as to cut off communication between portions of the stair in different rooms or between any closet and the room in which it is placed. No closet shall be permitted beneath any stair. Every space beneath every stair shall be enclosed with fire-retarded partitions from the floor to the soffit of such stair at a height of not less than four feet above the floor. If a stair is so arranged as to be the only construction separating two stories at the place where it is located, the underside of the stair and the stringers shall be fire-retarded.

K. Rear extensions to Class III multiple dwellings. Whenever a nonfireproof multiple dwelling is hereafter extended on the ground floor for business purposes, the roof of such extension shall be of fire-retarded construction. If, however, there are fire escapes above such extension, the roof of such extension shall be of fireproof construction.

§ 86-138 Sanitation for Class III multiple dwellings.

A. Water closets in Class B multiple dwellings. In every nonfireproof Class B multiple dwelling hereafter erected, there shall be at least and there shall not be required more than one water closet compartment ventilated by a window opening to the outer air, as provided in § 86-134B, for every seven sleeping rooms. There shall be at least one such water closet compartment on each floor, and every occupant of such floor shall have access to at least one such watercloset compartment. Water closet compartments, supplementary to those required under this section, shall comply with the provisions § 86-136A.

§ 86-139 Converted multiple dwellings.

A. Restrictions on dwellings to be converted.

(1) No dwelling which exceeds three stories in height not occupied as a multiple dwelling on the day this code shall become effective shall thereafter be converted to a multiple dwelling nor shall any dwelling thereafter be converted to a Class A multiple dwelling so as to be occupied by more than two families upon any floor nor more than six families in all, unless it shall conform with all of the provisions for multiple dwellings hereafter erected.

(2) No converted dwelling shall hereafter be increased in number of stories nor shall any such converted dwelling be enlarged or extended so as to exceed its existing area on any floor at the time of conversion by more than 25%.

(3) This section shall not be deemed to prohibit any rear extension of the first story of any converted dwelling when permitted by the Zoning Ordinance,

(4) It shall be deemed a requirement that all plans of every converted dwelling submitted, as prescribed in § 86-6, Applications for permits, shall be prepared by a licensed architect or licensed professional engineer and shall be accompanied by his affidavit, stating that the drawings prepared under his supervision, to the best of his knowledge and belief, conform with all of the requirements of this section and have observed the spirit as well as the strict letter of the law.

B. Application of requirements for converted multiple dwellings. The provisions of this section shall apply only to converted dwellings, both Class A and B. All the provisions of the following sections shall apply to all converted dwellings, and no other sections of this article, except as in this section specifically provided, shall apply to such dwellings.

(1) § 86-131A, Zoning Ordinance.

(2) § 86-131B, Structures hereafter converted or altered.

(3) § 86-131C, Dwellings damaged or moved.

(4) § 86-131D, General application to dwellings.

(5) § 86-131E, Application to existing dwellings.

(6) § 86-132K, Artificial lighting for halls.

(7) § 86-133E, Frame multiple dwellings.

(8) § 86-133F, Storage of combustible materials.

(9) § 86-134F, Cleanliness.

(10) § 86-134G, Receptacles for waste matter.

(11) § 86-134H, Uses prohibited.

C. Windows in rooms. In every converted dwelling, every habitable room, except a cooking space arranged and constructed as provided in Subsection E, shall have one or more windows as required by § 86-21C(2), Windows, provided that no such window shall be less than 12 square feet in area between stopbeads. Transoms or partition sash to private halls or to adjoining rooms in the same apartment shall be provided to secure through ventilation when required by the Superintendent of Buildings, but no such transom or partition sash shall be required in rooms having two windows.

D. Alcoves. In every converted dwelling, every alcove, except a cooking space arranged and constructed as prescribed in Subsection E, shall be separately lighted and ventilated as provided in Subsection C, and the size thereof shall conform to § 86-21B, Minimum dimensions of rooms.

E. Cooking space. In every converted dwelling, if space exists or is provided, for cooking, such space shall comply with § 86-132E.

F. Cellar rooms. No room in any cellar shall be occupied for living purposes.

G. Lighting and ventilating of stairs. In every converted dwelling where the stair and public halls are not provided with windows opening to a street, yard or court on each floor, there shall be provided, in the roof of such dwelling over the stair, a ventilating skylight equipped with ridge ventilators having a minimum opening of 40 inches. The glazed roof of such skylight shall not be less in area than nine square feet or less than three feet in length or in width.

H. Privacy. In every apartment of three or more rooms in every dwelling hereafter converted to a Class A multiple dwelling, there shall be access to every living room and bedroom without passing through any bedroom. There shall be, in every apartment in every dwelling hereafter converted to a Class A multiple dwelling, access from every bedroom to at least one water closet compartment without passing through any bedroom.

I. Cellar ceilings. The ceiling of the cellar or lowest story, if there be no cellar, of every converted dwelling shall be fireretarded as provided in § 86-78, Fire-resistive ceilings.

J. Extension roofs. The roof of any extension of any dwelling hereafter converted to a multiple dwelling shall, unless the same is constructed of fireproof materials, be fire-retarded in accordance with the rules of the Superintendent of Buildings. The ceiling under such roof shall be as provided in § 86-78, Fire-resistive ceilings.

K. Required means of egress.

(1) In every converted dwelling not exceeding two stories in height, a single means of egress from each floor to the street shall be permitted. In every dwelling exceeding two stories in height, there shall be, from each apartment, two independent means of egress remote from each other.

(2) In every converted dwelling where a second means of egress is required, the second means of egress shall be either a system of outside fire escapes, constructed and arranged as provided in § 86-137C, or a stairway, enclosed with fire-resistive partitions having a rating of at least one hour, or a fire tower.

L. Stairs and entrance hall construction.

(1) In every dwelling hereafter converted more than two stories in height or occupied or arranged to be occupied by more than three families in all, the soffit and stringers of every stair shall be covered with metal lath and plaster or other material having a fire-resistive rating of one hour. The ceiling of every entrance hall shall be fire-retarded, as provided in § 86-78, Fire-resistive ceilings, and the walls of every entrance hall, stair hall and public hall with their recesses and vestibules shall be fire-retarded as follows: all spaces between wood studs shall be completely filled with incombustible material in accordance with the rules of the Superintendent of Buildings, and the stair side of all such walls shall be covered with metal lath and plaster or other material having a fire-resistive rating of at least one hour.

(2) In every converted dwelling, every door opening from every stair, entrance hall or public hall to any other part of the structure shall be self-closing. Every transom over such door shall be stationary and glazed with wire glass.

(3) In every converted dwelling, every stair, except a basement or cellar stair, shall not be less than two feet six inches wide. Any wood stair may be replaced by an iron stair of like dimensions. Every entrance hall shall be not less than two feet eight inches wide in the clear.

M. Cellar stairs. In every converted dwelling, every stair leading from the cellar or basement to the floor above shall be completely enclosed with fireproof partitions, as prescribed in § 86-72F, or with stud partitions, fireretarded or plastered on both sides. The soffit and stringers of such stair shall be fire-retarded, and such stair enclosure shall be equipped with a self-closing door placed as the Superintendent of Buildings may approve.

N. Cellar entrance. In every converted dwelling, there shall be an independent entrance to the cellar or basement from the outside of the building. Such entrance may be by means of a fireproof stair leading to an opening in the outside foundation wall, which opening shall not be less than two feet six inches in width and not less than six feet in height.

O. Additional fire protection.

(1) All exterior stud walls or where walls are furred or studded off and all interior stud walls separating apartments shall have all spaces between studs filled with incombustible materials in accordance with the rules of the Superintendent of Buildings.

(2) All roofs of any converted dwelling shall be covered with incombustible materials.

(3) No columns of wood or other combustible material shall be permitted in the cellar or basement of any converted dwelling.

(4) In every converted dwelling three stories in height, the first floor of every public hall shall be of Class 1 or Class 2 construction or provided with not less than three inches of cement deadening or, if permitted by the Superintendent of Buildings, the spaces between floor beams may be filled with incombustible materials of a thickness equal to the depth of the floor beams.

P. Stairs in Class B converted dwellings. Every stair, fire stair, fire tower and public hall of every dwelling hereafter converted to a Class B multiple dwelling having more than 15 sleeping rooms above the entrance story shall be fireproof throughout, enclosed in fireproof walls and access to or egress from which shall be exclusively through fireproof self-closing doors.

Q. Frame buildings on plot with converted dwelling. No frame structure shall be erected or maintained upon the same lot or plot with a dwelling hereafter converted to a multiple dwelling.

R. Water closets required.

(1) In every converted dwelling, there shall be, except as otherwise provided in Subsection R(2), a separate water closet compartment within each apartment. Every such water closet compartment and bathroom shall be placed in a compartment completely separated from every other water closet and bath, such compartment may also contain a bath, such compartment shall not be less than two feet four inches wide in the clear and shall be enclosed with plastered or tiled partitions which shall extend to the ceiling. Nothing in this section in regard to the separation of water closet compartments from each other shall apply to a general toilet room containing several water closets, provided that such water closets are supplemental to the water closet accommodations required for the use of tenants of said dwelling. No water closet shall be maintained in the cellar of any such converted dwelling unless such water closet is supplemental to those water closets required by this article. Every water closet compartment in any such converted dwelling shall be provided with fixtures for gas or electricity to properly light the same at night. The floor of every such water closet compartment shall be made waterproof with asphalt, tile, stone or some other waterproof material approved by the Superintendent of Buildings, and such waterproofing shall extend at least six inches above the floor so that said floor can be washed or flushed out without leaking. No drip trays shall be permitted in such water closet compartment. No such water closet or other plumbing fixture shall be enclosed with any woodwork. In every such converted dwelling, every water closet compartment and bathroom shall be ventilated by one of the following methods:

(a) A window opening directly upon a street or upon a yard or a court. Every such window shall be at least one foot by three feet between stop beads and shall be made so as to readily open to the extent of 1/2 its area.

(b) Every such compartment on the top floor of any converted dwelling may be lighted and ventilated by a skylight directly above such compartment not less than two feet in least horizontal dimension, readily capable of being opened to the extent of at least two square feet of its area by a convenient operating device and equipped with ridge ventilators having fixed openings of not less than 30 square inches in aggregate area.

(c) Every such compartment on the floor next below the top floor may be lighted and ventilated by a separate and independent shaft not less than nine square feet in area and not less than three feet in least horizontal dimension, such shaft to be of fire-retarded construction and to extend vertically to and through the roof and be covered by a skylight not less than three feet in least horizontal dimension, readily capable of being opened to the extent of at least two square feet of its area by a convenient operating device and equipped with ridge ventilators having fixed openings of not less than 30 square inches in aggregate area. Not more than one water closet or bathroom shall open into any such shaft. There shall be no sash, grille or other obstruction between such compartment and such skylight.

(d) Every such compartment on any floor of any such dwelling may be ventilated and lighted by a window opening on a shaft not less than three feet in least horizontal dimension and not less, in horizontal area at any point, than nine square feet, plus three square feet for each story below the roof through which such shaft passes, and such shaft shall have its entire horizontal area open to the sky without obstruction and shall be made properly waterproofed and drained. If two or more such compartments open into any such shaft, the opening from such compartments into such shaft shall not be situated on opposite sides of such shaft and shall be so arranged that privacy is ensured. Every window into every such shaft shall be at least one foot by three feet between stop beads and shall be made so as to readily open to the extent of 1/2 its area. Every such shaft shall be lined with material having a surface of light color, and such material shall be fire-retarding material, except when and to the extent required by the Superintendent of Buildings to be fireproof.

(e) Every such compartment which is below the highest story of any converted dwelling shall either be ventilated and lighted as hereinbefore in this section provided or by a separate and independent sheet metal flue not less than one square foot in clear open cross-sectional area and not less than eight inches in least horizontal dimension. Such flue shall connect at the lower end with the compartment and shall extend directly and vertically up through the roof. Ventilation through such flue shall be induced by either one of two methods: first, by means of connection at or near the lower end of such flue with a hot-water system so arranged that, without diminishing the required cross-sectional area or least horizontal dimension of such flue at any point, the pipes will provide sufficient heat to create an active updraft at all times within the flue, and such flue shall, at its upper end, terminate in a suitable gooseneck, raincap or other weatherproof device which will not obstruct ventilation; or, second, by means of a wind-operated ventilator situated at the top of the flue, which, in the opinion of the Superintendent of Buildings, will permit a gravity flow of air and will, in addition, induce a positive flow of air upward whenever subjected to a wind velocity in excess of four miles per hour, and such ventilator shall at all times be kept in good order and repair. Every such flue or group of such flues shall be enclosed in fire-retarding material throughout the length thereof.

(f) Nothing in this section contained shall be deemed to require any change in the lighting or ventilating of any existing water closet compartment in any converted dwelling, which opens by a window not less than three square feet in area between stop beads into an existing shaft, open and unobstructed, lined with brick and having a horizontal area not less at any point than nine square feet.

(2) Nothing in this subsection shall be deemed to require, in any dwelling converted to Class B multiple dwelling, more nor shall there be less than one water closet compartment for every seven sleeping rooms.

S. Water supply. In every converted dwelling, there shall be proper appliances to receive and distribute an adequate supply of water at each floor of said dwelling at all times of the year during all times of the day and night.

§ 86-140 Existing dwellings.

A. Repairs to multiple dwellings. Every multiple dwelling and every part thereof shall be kept in good repair, and the roof shall be kept so as not to leak, and all rain water shall be so drained and conveyed therefrom as to prevent its dripping to the ground or causing dampness in the walls, ceilings, yards or area. The owner of such multiple dwelling shall be responsible for compliance with the provisions of this section, but the tenant also shall be liable for every violation of the provisions of this section if such violation is caused by his own willful act or negligence or that of any member of his household or his guest.

B. Cleanliness of multiple dwellings.

(1) Every multiple dwelling and every part thereof shall be kept clean and free from vermin and from any accumulation of dirt, filth or garbage or other matter in or on the same or in the yards, courts, passages, areas or alleys connected with or belonging to the same. The owner of every multiple dwelling or part thereof shall thoroughly cleanse every room, passage, stair, floor, window, door, wall, ceiling, privy, water closet, cesspool, drain, hall, cellar, roof and every other public part of said multiple dwelling or part of the dwelling of which he is the owner to the satisfaction of the Superintendent of Buildings and shall keep said parts of said multiple dwelling in a clean condition at all times, but this provision shall not be construed to make the owner responsible for such cleanliness of occupied rooms or apartments. Where carpets or rugs are provided in public parts of the multiple dwelling, they shall be taken up and cleaned once a year or as often as the Superintendent of Buildings shall deem necessary. The interior surfaces of walls and ceilings of any multiple dwelling, whether or not in public parts thereof, shall be painted or, if papered, shall be repapered or painted, and the ceilings shall be rekalsomined, repapered or repainted whenever necessary to keep said surfaces in a sanitary condition. No wallpaper shall be placed upon a wall or ceiling of any multiple dwelling unless all wallpaper shall be first removed therefrom and said wall or ceiling thoroughly cleaned and repaired. No person shall place ashes, garbage, rubbish, filth, urine or fecal matter in any place in a multiple dwelling other than that provided for the same or keep ashes, garbage, rubbish, filth, urine or fecal matter in his apartment or upon his premises such length of time as to create a nuisance.

(2) Any tenant shall be punishable hereunder for the existence of conditions in violation of the provisions of this article within his apartment to the extent that such conditions are caused by him or by the members of his household and are under his control, but this provision shall not be construed to relieve the owner of any liability or duty under this section, except where such violation is caused and continued solely by the tenant.

C. Existing rooms for living purposes. No room in any existing structure shall be used for living purposes unless it shall have sufficient light and ventilation, shall be welldrained and dry and shall be fit for human habitation.

D. Light and ventilation. In all existing dwellings, the public halls and stairs shall be provided with such skylights, ventilators, windows or other means of light and ventilation as may be deemed practicable by the Superintendent of Buildings. All skylights hereafter placed in such houses shall be provided with ridge ventilators having a minimum opening of 40 square inches and also with either fixed or movable louvres or with movable sashes and shall be of such size as may be determined to be practicable by said Superintendent, and the roofs of such skylights shall be glazed with plain glass equipped with suitable wire screen above and below.

E. Privacy. In every apartment of three or more rooms in all existing dwellings, access to every living room and bedroom and to at least one water closet compartment shall be had without passing through any bedroom.

F. Chimneys. In every existing dwelling which is not heated or arranged to be heated from a central heating plant, there shall be adequate flues or chimneys through every floor with an open fireplace or grate or place for a stove properly connected with one of said flues or chimneys for every apartment.

G. Egress. Every existing nonfireproof dwelling exceeding two stories in height shall have at least two independent means of egress, which shall extend from the ground floor to the roof and shall be located remote from each other and shall be separated from each other by walls. One of such means of egress shall be a flight of stairs constructed and arranged as provided in § 86-139L, but this sentence shall not be construed to require any alteration in the material or width of any stair or its treads and risers lawfully permitted at the time this code becomes effective. The other means of egress shall be directly accessible at each story to each apartment without having to pass through the first means of egress.

H. Closet under stair. In existing nonfireproof dwellings, no closet of any kind shall be constructed under any stair leading from the entrance story to the upper stories, but such space shall be left entirely open and kept clear and free from encumbrance.

I. Cellar entrance. In existing dwellings, there shall be an entrance to the cellar or other lowest story from the outside of said building.

J. Water closet accommodations. In every dwelling, all water closet accommodations and other receptacles to receive fecal matter, urine or sewage shall, within two years after the adoption of this code, be completely removed from the yard and court, and the place where they were located shall be properly disinfected under the direction of the Superintendent of Buildings. There shall be at least one water closet compartment located within the building for every family. Each such water closet compartment shall be located so that access thereto and use thereof is limited exclusively to one family residing in such building. Such water closet compartment shall comply with § 86-139R.