§ 25-171 Fire-Retarding of Entrance Halls, Stair Halls and Public Halls in Old Law Tenements and Converted Dwellings.
RCNY § 25-171
(a)Intent. The fire-retarding rules herewith set forth are approved by the Department of Buildings for old law tenements and converted dwellings where their entrance halls, stair halls and public halls are required, by § 189, subdivisions 1 and 4, § 238, subdivision 4, and § 218, subdivisions 5 and 6, Multiple Dwelling Law, and § 27-2044, Housing Maintenance Code, to be fire-retarded in a manner approved by the Department of Buildings.
(1)All entrance halls, stair halls and public halls, including service halls and stairs, shall be fire-retarded to the extent required by the Multiple Dwelling Law and the Multiple Dwelling Code and the Housing Maintenance Code.
(2)It is the intent that all wood structural members of partitions, ceilings and stair soffits shall be completely protected with fire-retarding materials where they may be exposed to fire in entrance, stair and public halls. To this extent these rules and regulations cover only general conditions and are not designed to cover specific or special cases. Where such may occur the owner is required to consult the Department of Buildings and receive instructions before work is started.
(3)Where existing dumbwaiter shafts are located in, or open on public halls which are required to be fire-retarded, such dumbwaiter shafts, when not constructed of fireproof or fire-retarding materials, shall be fire-retarded on the inner side, from the lowest story to the roof inclusive, in accordance with the requirements of paragraph (1) of subdivision (b) of this section or paragraph (2) of subdivision (b) of this section, except in cellar where such shafts shall be enclosed with fireproof materials. All doors opening from such dumbwaiter shafts shall be self-closing, and doors and assemblies when of wood or other non-fireproof construction shall be lined on both sides with No. 26 U.S. gauge metal, except in cellar where doors and assemblies shall have a fire-resistive of at least one (1) hour.
(4)It is not intended that these rules and regulations in themselves require plans to be filed. However, should any work involve structural changes, then plans are required to be filed in the Department of Buildings and such changes shall be subject to all other Rules and Regulations applicable thereto.
(5)Work shall not commence until satisfactory evidence has been submitted to the Department of Buildings that compensation insurance has been obtained in accordance with the provisions of the Workmen's Compensation Law. It is the intent of 238, subdivision 4, Multiple Dwelling Law, that every entrance hall, public hall and stair hall in every old law tenement four stories or more in height shall be fire-retarded. Every old law tenement three stories and a basement, or three stories, basement and cellar in height shall be deemed to be four stories in height when the main entrance from the grade is to the basement, and every entrance hall, public hall and stair hall in such building shall be fire-retarded. In old law tenements where the entrance halls, public halls and stair halls are required to be fire-retarded, existing wood stairs shall be fire-retarded in conformity with the requirements of these rules and regulations, whether or not such halls had been fire-retarded in accordance with plans filed with and approved by the former Tenement House Department or Department of Buildings, prior to the enactment of subdivision 4 of § 238 of the Multiple Dwelling Law.
(b)Partitions. All existing partitions separating from entrance halls, stair halls and public halls, or otherwise forming enclosing partitions of entrance halls, stair halls and public halls, shall be fire-retarded by any one of the following methods: (1) Metal lath and cement of gypsum mortar. Completely remove all existing materials to face of studs or other structural members on hall side of partitions and recover with metal lath and two coats of cement of gypsum mortar. If cement mortar is used it shall be three-quarters inch (3/4") thick, if gypsum mortar is used it shall be one inch (1") thick. The second coat of mortar shall not be applied until the first coat has thoroughly set and in no case shall the second coat be applied on the same day that the first coat of mortar is applied. In lieu of the above method, completely remove all combustible materials from plaster face of partitions on hall side and repair existing plaster. After inspection, cover existing plaster with herringbone or similar approved type metal lath with rigid rib reinforcement to provide good bond between new and existing plaster. Cover lath with two coats (scratch and brown) of cement of gypsum mortar as above. The first coat of cement mortar (scratch) shall be composed of one (1) part of Portland cement to one and one-half (1 1/2) parts of sand, with an additional volume of hydrated lime not greater than ten (10) percent of the volume of Portland cement. The second coat (brown) shall be composed of one (1) part of Portland cement to three parts (3) of sand, with an additional volume of hydrated lime not greater than ten (10) percent of the volume of Portland cement. The first coat (scratch) of gypsum mortar shall be composed of one (1) part of gypsum to one (1) part of sand. The second coat (brown) of gypsum mortar shall be composed of one (1) part of gypsum to one and one-half (1 1/2) parts of sand.
(6)Removal of windows in public hall partitions. When windows in walls or partitions are removed, both sides of the openings shall be sealed with fire-retarding materials, except that wood lath and plaster may be used on the room side of the opening when the existing surface of the room is constructed of wood lath and plaster.
(7)Electric meters. Where direct current (DC) electric meters of public utility companies are present or installed on partitions of public halls the fire-retarding shall continue unbroken behind the meters or the meters shall be mounted on a heavy slate back or non-magnetic fireproof equivalent, such as transite, asbestos board, etc., against which fire-retarding finished up tightly.
(8)Partitions in class B converted dwellings. Where fire-retarding is required in any class B converted dwelling referred to in paragraph (7) of subdivision (a) of this section, both sides of all enclosure partitions of entrance halls, stair halls and public halls throughout such building shall be fire-retarded in accordance with the provisions of paragraph (3) or (4) of subdivision (b) of this section.
(9)Partitions in altered old law tenements. In any old law tenement where the occupancy is increased on any story, the enclosing partitions of any entrance hall, stair hall or public hall on the story where the occupancy has been increased, shall be fire-retarded on both sides. Such requirements shall apply only to the walls of the entrance hall, stair hall or public hall adjoining the altered apartment. The enclosing partitions of such halls other than those adjoining the altered apartment, and the partitions on any story where the occupancy has not been increased, shall be fire-retarded on the hall side. The method of fire-retarding shall be as set forth in paragraph (1) or (2) of subdivision (b) of this section, or said partitions shall be fire-retarded in accordance with the provisions of paragraph (3) or (4) of subdivision (b) of this section.
(10)Newly constructed partitions. In any entrance hall, stair hall or public hall where any partition or part thereof is newly constructed, and where the plaster has been removed from any partition or part thereof, such partition shall be fire-retarded on both sides.
(c)Ceilings. Any approved method for fire-retarding partitions shall be acceptable for fire-retarding ceilings, provided that all existing materials are completely removed to face of joists. Mineral wool, brick gypsum or other masonry fill will not be accepted.
(d)Existing wood stairs. Except where stairs of incombustible material are required in class B converted dwellings as set forth in paragraph (7) of subdivision (a) of this section, all wood railings, balustrades and newel posts shall be completely removed from every existing wood stairs and such stairs shall be provided with railings, balustrades and newel posts of metal or other hard incombustible material, of such size are secured in such manner to the existing stairs as may be approved by the Department of Buildings, except handrails may be hardwood. Soffits and stringers of existing wood stairs shall be fire-retarded in accordance with the methods set forth in subdivisions (e) and (f) of this section.
(e)Stair soffits. The soffits of every stair in every entrance hall, public hall, and stair hall, including any soffit extending beyond the enclosure partitions of any such hall, shall be fire-retarded. Any approved method for fire-retarding partitions shall be acceptable for fire-retarding stair soffits provided that all existing materials are completely removed to face of structural members of stair soffits.
(f)Fascia – stair and well. Fascia of outside stringer on rake of stairs, and well fascia at floor level, shall be fire-retarded their full depth to form complete seals with the soffits of stairs and ceilings of halls, respectively. Type of fire-retarding shall be one of those herein approved for ceilings of halls, or in lieu thereof, cover fascia with sheet asbestos not less than three-sixteenths inch (3/16") thick with joints well pointed over which there shall be an additional single layer of No. 26 U.S. gauge stamped metal or cover fascia with a single layer of No. 14 U.S. gauge steel.
(g)Fire-stopping. All partitions required to be fire-retarded shall be fire-stopped with incombustible material at floors, ceilings and roofs. Fire-stopping over partitions shall extend from the ceilings to the underside of the flooring or roofing above. Fire-stopping under partitions shall extend from the underside of flooring to ceiling below. All spaces between floor joints (directly over and under partitions) shall be completely filled the full depth of the joists. Any space from top of partition to underside of roof boarding shall be completely fire-stopped. Fire-stopping shall be done with brick, cinder concrete, gypsum, metal lath and Portland cement or gypsum mortar, mineral wool, or other materials acceptable to the Department of Buildings.
(h)Door openings. Except as provided in paragraphs (1) and (2) of this subdivision, all door openings into any public hall, entrance hall or stair hall which required to be fire-retarded shall be equipped with self-closing protective assemblies having a fire resistive rating of at least one hour.
(i)Materials. All materials used in the process of fire-retarding shall be of a type and manufacture acceptable to the Department of Buildings. The following shall be considered as minimum requirements: (1) Metal lath. Metal lath shall weigh at least 30 pounds per square yard, except lath used over existing plaster which lath shall weigh at least 3.4 pounds per square yard and be reinforced with rigid ribs not less than three eights inch (3/8") deep, spaced not more than eight (8") on center running full length of sheets. Where ribs exceed 4.8 inches on center, same shall have at least one intermediate one eight inch (1/8") inverted rib running the full length of sheets. Metal lath fastened to stubs shall be attached at least at six inch (6") intervals with 4-penny nails or one inch (1") roofing nails or No. 14 steel wire gauge wire staples, and to wood joists by at least 6-penny nails, one and one-quarter inch (1 1/4") roofing nails, or one inch (1") No. 14 steel wire gauge wire staples. When metal lath is applied over existing plastered surfaces, same shall be fastened with nails or staples of the same gauge and such nails or staples have anchorage of at least one-half inch (1/2")in studs and three-quarters inch (3/4") in joists. Laps between the studs or joists shall be securely tied or laced. Stiffened metal lath on wood studs, or joists, shall be nailed or stapled at least at eight inch (8") intervals, and the laps between studs similarly tied or laced. Metal lath shall be galvanized or painted.
(j)Exceptions. Where any portion of any entrance hall, stair hall or public hall has been previously fire-retarded under the supervision of this department, the former Tenement House Department or various former Departments of Buildings, such fire-retarding will be accepted only to the extent that same has been previously approved, provided, however, that such entrance hall, stair hall or public hall is otherwise made to conform to all the requirements set forth in these rules.
