Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC RCNY § 25-173?

Quick Answer

(a) Intent. The rules herewith set forth are approved by the Department of Buildings for the protection of cooking spaces under §§ 33 and 176 of the Multiple Dwelling Law.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 25-173 Fire-Retarding of Cooking Spaces in all Multiple Dwellings.

RCNY § 25-173

(a)Intent. The rules herewith set forth are approved by the Department of Buildings for the protection of cooking spaces under §§ 33 and 176 of the Multiple Dwelling Law. As set forth in § 33 of the Multiple Dwelling Law, nothing in these rules shall be construed as permitting fire-retarding partitions in fireproof multiple dwellings.

(b)Section 33, Multiple Dwelling Law. Except when sprinkler heads are installed in conformity with subdivision (e) of this section, § 33 of the Multiple Dwelling Law requires fire-retarding of cooking spaces in existing and newly constructed class A and class B multiple dwellings.

(c)Ceilings and walls exclusive of doors. Walls and ceilings shall be fire-retarded according to any of the following methods: Metal lath and cement or gypsum mortar conforming to 28 RCNY § 25-171(b)(1). Plaster boards and gypsum mortar or stamped metal conforming to 28 RCNY § 25-171(b)(2). No. 26 U.S. gauge stamped metal over existing plaster when erected without damage to the plaster. Furring strips are not required, but if used, they shall be metal covered on both sides and on face surface. Stamped metal shall not be applied until after existing plaster has been inspected and approved by an inspector of the Department of Buildings. Materials used shall be in accordance with the provisions of 28 RCNY § 25-171(i)(1), (2) or (3). No other methods or materials may be used unless same are acceptable to the Department of Buildings.

(d)Combustible material. In every cooking space, all combustible material immediately underneath or within one foot of any apparatus used for cooking or warming of food shall be fire-retarded in conformity with the applicable provisions of these rules or covered with asbestos at least three-sixteenths inch (3/16") in thickness and twenty-six gauge metal or with fire-resistive material of equivalent rating. There shall always be at least two feet (2'-0") of clear space above such apparatus.

(e)Sprinkler heads installed in ceilings of cooking spaces in lieu of fire-retarding the ceilings and walls. Where sprinkler heads are installed in the ceilings of cooking spaces in lieu of fire-retarding the ceilings and walls, all of the provisions of subdivisions (a) to (f) of this section inclusive, shall be complied with, except that it will not be required that the fire-retarding of the walls and ceilings of cooking spaces be complied with. Before the installation of sprinkler heads is begun a "Plumbing Repair Slip" shall be filed with and approved by the Department of Buildings. Sprinkler heads shall be of a type and manufacture approved by the Department of Buildings or previously approved by the Board of Standards and Appeals or by the Underwriters Laboratories Limited, and shall have fusible struts constructed to fuse at a temperature not higher than two hundred twelve degrees (212°) Fahrenheit. Every sprinkler head shall bear the year of manufacture clearly on its surface. No sprinkler head may be installed after December 31st of the year following the year of manufacture. There shall be provided at least one (1) sprinkler head for every fifty-nine (59) square feet or fraction thereof of the floor area of the cooking space. Sprinkler heads shall be connected with the water supply of the building through a pipe of at least one-half (1/2) inch inside diameter. Where practicable, sprinkler heads shall be located in an upright position on top of the sprinkler piping. There shall be kept available on the premises at all times a sufficient supply of extra sprinkler heads and also a sprinkler wrench for use to replace promptly any fused or damaged sprinkler heads. Any head which has opened or has been damaged shall be replaced immediately with a good sprinkler head. Painting or kalsomining of sprinkler heads is prohibited.

(f)Cooking spaces constructed after July 1, 1949. Application and plans must be filed with and approved by the Department before any work is started in connection with the construction of any cooking space after July 1, 1949.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 25-173?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters