§ 25-174 Fire-Escapes, Fire-Stairs and Fire-Towers.
RCNY § 25-174
(a)Intent. These rules have been approved by the Department of Buildings to supplement the provisions of § 53 of the Multiple Dwelling Law in relation to fire-escapes, fire-stairs, etc. Where fire-escapes serve as a means of exit from other than multiple dwellings, such fire-escapes shall comply with the laws governing such occupancy. The voluntary erection of fire-escapes on private residence buildings or business and residence buildings shall be in conformity with these rules and regulations unless otherwise directed by the Borough Superintendent of the Department of Buildings. It is the intent of these rules to cover only general conditions and they are not designed to cover specific or special cases. When such may occur the owner is required to consult the Department of Buildings and receive instructions before starting of work.
(1)Fire-escapes on multiple dwellings requiring new certificate of occupancy. Except as provided in paragraph (2) of subdivision (g) of this section re lodging houses, double-rung ladder type fire-escapes will not be accepted when a new certificate of occupancy is required.
(2)Alterations for increased occupancy. Where an alteration is made increasing occupancy on any story and a fire-escape is required such fire-escape shall conform to the provisions of § 53 of the Multiple Dwelling Law and to the applicable provisions of these rules.
(b)General provisions.
(3)Application blanks and plans. Before the erection of new fire-escapes or alteration of existing fire-escapes upon any multiple dwelling, application must be filed with and approved by the Department of Buildings.
(4)Projections beyond the building line. Every part of fire-escapes or balconies erected on the fronts of multiple dwellings shall be at least ten feet (10') above the sidewalk when such fire-escapes or balconies project beyond the building line.
(c)Illegal fire-escapes shall be removed. All vertical ladder, wire, chain or cable fire-escapes if required as a means of egress shall be removed and replaced with a legal means of egress.
(d)Acceptable existing means of egress on existing multiple dwellings. Except as provided in subdivision (c) of this section, in any existing multiple dwelling any existing means of egress which was lawfully permitted prior to the time the Multiple Dwelling Law became effective may be continued as a legal means of egress as hereinafter enumerated. If located on the front or rear wall of the building and properly connected with stairs with proper openings. If located in an outer court at a point distant not more than thirty feet (30'-0") from the outer end of such court and provided such court is not less than five feet (5'-0") in width from wall to wall at any point between such fire-escape and the outer end of said court. If located in an inner court whose least horizontal dimension is not less than fifteen feet (15'-0") measured from wall to wall. If a party-wall balcony on the front or rear wall of the building and there are no doors or openings in the walls between the two buildings other than windows in fireproof air shafts. If a party-balcony located in an outer court not more than fifteen feet (15'-0") in length measured from the outer end of such court to the innermost point thereof, and not less than five feet (5'-0") in width from wall to wall at any point between the fire-escape and the outer end of said court, and provided also that there are no doors or openings in the walls between the two buildings other than windows in fireproof air-shafts. No fire-escape, however, shall be deemed sufficient unless all the following conditions are complied with: All fire-escapes, whether a required means of egress or not, shall be maintained in good order, repair and structurally safe. All parts shall be of iron or stone. Except as provided in subdivision (bb) of this section every apartment above the ground floor in each multiple dwelling shall have direct access to a legal fire-escape without passing through a public hall. Except party-wall balconies, all balconies shall be connected to each other by means of a stair or, when permitted, by double-rung ladders. All fire-escapes, except party-wall balconies, shall have proper drop-ladders in guides from the lowest balcony of sufficient length to reach a safe landing place beneath. All fire-escapes not on the street shall have a safe and adequate means of egress from the yard or court to the street or the adjoining premises. Prompt and ready access shall be had to all fire-escapes. Except as provided in subdivision (bb) of this section, such access shall be through a 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 stairhall, nor shall any such egress be obstructed by sinks or other kitchen fixtures, or in any other way. No existing fire-escape shall be extended or have its location changed except with the written approval of the Department of Buildings. Where an existing apartment in a tenement house erected prior to April twelfth, nineteen hundred and one, is located entirely on a court and has no rooms opening on the street or yard, fire-escapes hereafter provided for such apartments may be located in courts under the same conditions as prescribed for existing fire-escapes in this subdivision. When wire, chain cable or vertical ladder fire-escapes are permitted to remain on multiple dwellings under the provisions of subdivision 9 of § 53, they shall be considered only as supplemental fire-escapes. Such fire-escapes shall be maintained in a safe condition of repair at all times and shall be subject to the applicable requirements of all laws and to these rules in relation to maintenance of existing fire-escapes. Before a pending violation requiring the removal of such existing fire-escapes is superseded or cancelled, an inspection shall be made in accordance with the specific requirements as set forth in the preceding paragraph. Each of the owners of adjoining structures, commonly served by party-wall balconies serving as a required means of egress, shall maintain in good order and repair that portion of each such balcony which is on his property, and each such owner shall maintain egress normally unobstructed and unimpeded from each such balcony to and through his structure. It shall be unlawful for the owner of a structure on which there is a party-wall balcony serving as a required means of egress from an adjoining structure, to remove such party-wall balcony or any portion thereof or to prevent, eliminate or obstruct egress from such party-wall balcony to and through his structure, unless and until such owner has had erected a legal fire-escape or other approved means of egress. See also subdivision (bb) of this section.
(e)Party-wall balconies.
(f)Party-wall fire-escapes. The Department of Buildings may consent to the erection of party-wall fire-escapes on adjoining multiple dwellings, to which the occupants have safe, unobstructed access in common, when such party-wall fire-escapes are constructed and maintained in accordance with the law and these rules and regulations.
(g)Double-rung ladders.
(h)Alteration of existing two-balcony fire-escapes on existing multiple dwellings. When a building is not more than three (3) stories in height and provided with a balcony on each of the second and third stories, with connecting vertical ladders, and balconies not less than two feet five inches (2'-5") in width and of adequate length, the Department of Buildings may permit the removal of vertical ladders and replacing of the said ladders with regulation sixty (60) degree connecting stairs. Standards shall be one-half inch (1/2") round or square and height of rail at least two feet nine inches (2'-9"). The stairs shall be not less than seventeen inches (17") wide with a passageway between string and wall or string and top rail of not less than fourteen inches (14"). In lieu of such passageway, the Department of Buildings will permit a drop-ladder to be installed and placed at each end of the lowest balcony in those cases where it is impractical to provide a passageway of such minimum width. New brackets shall be provided where necessary. The gateway shall be cut in the front rail with a drop-ladder and guides from second (2nd) story to safe landing. Where fire-escapes are located at rear of building a gooseneck ladder shall be provided. The gooseneck ladder may be placed at an angle from the top floor balcony to the roof. When placed at an angle a minimum space of twenty-four inches (24") shall be maintained between the strings and front top rail and a minimum space of at least twenty-four inches (24") between the string of the gooseneck ladder and the frame of the window. Conditions may be found where this modification will not exactly apply. When such a condition is found it should be brought to the attention of the Department of Buildings for decision. When fire-escapes are at the front no gooseneck ladder shall be required. When access to such existing two-balcony fire-escape is solely by means of a window in a bathroom, the doors of such bathrooms shall be glazed with glass or other than wire glass and all key or cylinder locks shall be removed from doors. In such bathrooms there shall be no fixture located in front of the window opening to fire-escape. Such altered two-balcony fire-escape shall conform to all other requirements of law and these rules and regulations.
(i)Accessibility of fire-escapes from apartments, rooms, kitchenettes and other spaces. Prompt and ready access shall be had to all fire-escapes and, except as provided in subdivision (bb) of this section, such access shall be through a living room, kitchenette or private hall in each apartment or suite of rooms at each story above the ground floor. Access to fire-escapes shall not include the window of a stairhall, nor shall any such egress be obstructed by sinks or other kitchen fixtures, or in any other way. A clear space of at least twenty-one inches (21") must be maintained as a passageway between any fixtures and the side of an opening leading to fire-escapes. In any apartment which is occupied by a "family" as defined in § 4, paragraph 5, Multiple Dwelling Law, and in which one or more living rooms are rented to boarders or lodgers, every such room shall be directly accessible to a fire-escape without passing through a public hall, and for separately occupied living rooms access to fire-escapes shall be direct from such rooms without passing through a public hall or any other separately occupied room, except as may be permitted in sections sixty-six, sixty-seven and two hundred forty-eight of the Multiple Dwelling Law.
(j)Window bars, gates, etc. No iron bars, gates or other obstructing devices will be permitted on any window giving access to fire-escapes or where such window provides a secondary means of egress in case of fire on any story, including the ground floor, basement, cellar, etc. Windows on grade level at sidewalk, yard or court, or a roof level of an adjoining building, may have bars, but at least, one window in any apartment or suite of rooms shall be without bars or obstructions of any kind in order to afford a second means of egress and such window shall conform to the provisions of subdivision (k) of this section.
(k)Windows and doors to fire-escapes. The window or door giving access to fire-escapes shall not be less than two feet (2') in width and the sill of the window shall not be more than three feet (3') above the floor. Window openings shall be not less than two feet six inches (2'-6") high in the clear.
(l)Egress from fire-escape balconies not to be obstructed. Egress from fire-escape balconies must not be obstructed by signs, fixed awnings or any other obstruction.
(m)Extension roofs used as means of egress or directly under fire-escape balcony.
(n)Egress to street required from fire-escapes located in yards and courts not extending to the street. In an old law tenement or a converted dwelling where fire-escapes are located in a yard less than thirty feet (30'-0") in depth, or in a court which does not extend to such a yard or to the street, there shall be egress to the street by means of a fire-proof passageway. In such multiple dwellings, where the yard is less than thirty feet (30'-0") in depth and where the consent of the owner of the adjoining premises is obtained, in lieu of providing such fire-proof passageway, a door or gate in a lot-line fence leading from such yard or court to the yard or court of the adjoining premises may be accepted, provided, however, that such door or gate provides adequate egress and is not locked or secured in any manner except by a readily-accessible, easy to open hook or bolt. Where fire-escapes are located in the yard of a new law tenement or of a multiple dwelling erected after April 18, 1929, access shall be provided from the street to the yard either in a direct line or through a court as provided in paragraph c of subdivision 2 of § 238 and paragraph i of subdivision 2 of § 27, Multiple Dwelling Law. Where fire-escapes are located in a court of a new law tenement or of a Multiple dwelling erected after April 18, 1929, and such court does not extend to the street, a fireproof passageway leading directly to the street shall be provided as required by paragraph b of subdivision 2 of § 53, Multiple Dwelling Law. All passageways required under these Rules shall be not less than seven feet (7'-0") in height and not less than three feet (3'-0") in width and shall at all times be kept clear and unobstructed. Doors and gates at the end of such passageways are prohibited, except that a door or gate equipped with an approved-type knob or panic bolt which shall be readily openable from the inside will be permitted at the building line. Doors and gates provided with keylocks or padlocks are prohibited.
(o)Location for new fire-escapes. No required fire-escape shall be permitted to be placed on an adjoining property without the written consent of the Department of Buildings. No fire-escape shall be erected within ten feet (10') of the termination of a duct. Fire-escapes for existing multiple dwellings shall be located as required by the department and arranged so as to provide legal egress for all rooms and apartments.
(p)Materials. All fire-escapes hereafter constructed shall consist of outside open balconies and stairways of iron, stone, or other approved materials. Wherever the term wrought iron is used in these rules it shall be deemed to include all other especially approved metals. Cast iron will not be permitted to enter into the construction of fire-escapes. The use of old material in the construction of new fire-escapes is prohibited. Bolts used in the construction or repair of fire-escapes shall be machine bolts. The use of stove bolts is prohibited. The strength and construction of stone balconies hereafter erected forming part of the fire-escape shall be subject to the approval of the Department of Buildings. All structural steel used in the construction of fire-escapes shall be at least one-quarter (0.25) inch in thickness.
(q)Types of fire-escapes. There shall be two types of fire-escapes: "Type A" and "Type B". Except for brackets and braces as hereafter described, what is applicable to one type is equally applicable to the other whether or not it is so stated specifically.
(r)Balconies. All balconies, except those erected upon frame buildings and buildings having eight inch (8") brick walls, shall be not less than three feet four inches (3'-4") in width over all and may project into the public highway to a distance not greater than four feet (4') beyond the building line. Balconies erected upon frame buildings and buildings having eight inch (8") brick walls shall be thirty-six inches (36") in width. Balcony railings must be not less than two feet nine inches (2'-9") high.
(5)Standards. Standards must be not less than one-half inch (1/2") round or square set vertically, riveted to the top and bottom rails, not more than six inches (6") apart on centers. Special designs must be submitted for any variation, and approved before work is begun.
(6)Floor slats. Floor slats must be of wrought iron one and one-half inches (1 1/2") in width and three-eighths inch (3/8") thick and placed not more than one and one-quarter inches (1 1/4") apart. In new balconies floor slats shall not project more than six inches (6"), and in old balconies not more than eighteen inches (18"), beyond the end bracket and shall not be supported by the bottom rail. All floors must be well secured to the brackets by three-eighths inch (3/8") "U" or clamp bolts. Floor slats may be spliced with a four-inch (4") splice plate three-eighths inch (3/8") thick, secured by three-eighths inch (3/8") countersunk or roundhead bolts or rivets on each side of the joint. The ends of the floor slats must not project over stairs so as to overhang the top tread more than one-half inch (1/2"). The ends of such floor slats shall not be cut or burned off so as to be jagged or uneven. The floor slats shall be in true alignment.
(7)Battens. Battens must be one and one-half inches by three-eighths inch (1 1/2" x 3/8") not more than three feet (3') apart, riveted to the slats by five-sixteenth inch (5/16") rivets and so spaced as to secure rigidity. No welded connections, other than shop welding, for top rails will be permitted. Top rail must go through the wall. When the wall is of brick, stone or concrete they must be anchored on the inner face thereof by means of nuts and four-inch by four-inch by three-eighths inch (4" x 4"x 3/8") washers. Where a masonry wall is eight inches (8") in thickness the washers shall be continuous and shall extend vertically from four inches (4") below the bracket anchorage to four inches (4") above the top rail. Bolt ends must be at least three-quarters inch (3/4") in diameter. Top rails must be anchored to the wall at least nine inches (9") from the window or door opening. On recess fire-escapes the top rails need not go through the wall, but must be hot leaded six inches (6") in brick or stone and at least twelve inches (12") from the outside face of the wall. The front and return top rail, unless in one (1) piece, must be secured at the angle in the following manner: (1) with lap joint, by one-half inch (1/2") rivet and a strap of same dimension as the top rail, with one (1) three-eighths inch (3/8") rivet or bolt in each end of the strap; (2) with butt joint, by a triangular plate four inches by six inches by three-eighths inch (4" x 6" x 3/8") secured to each member of the top rail by two (2) three-eighths inch (3/8") rivets or bolts. Top rails may be spliced with iron of the same dimensions as the rails with two (2) three-eighths inch (3/8") rivets or bolts on each side of the splice, or may be overlapped not less than eight inches (8") and secured by two (2) three-eighths inch (3/8") bolts or rivets. Where front rails are not rigid they must be braced with outside braces. Said braces must be wrought iron not less than one and three-quarters inches by one-half inch (1 3/4" x 1/2") placed on edge. The braces must be properly spaced and secured to the extended brackets and top rails by three-eighths inch (3/8") rivets or bolts. Where brackets are extended to receive outside braces the extended portion must never be less than two inches by one-half inch (2" x 1/2") and secured to the bracket by two (2) three-eighths inch (3/8") rivets or bolts. Bow braces and overhead braces will not be accepted.
(8)Landings. Landings at the head and foot of stairs shall be at least forty inches by twenty inches (40" x 20"), except on the balcony on the top story where the gooseneck ladder is located such landing shall be not less than forty inches by thirty inches (40" x 30"). On the lowest balcony where the opening to drop-ladder is in the return rail at front of the lowest tread the landing must be at least forty inches by thirty-six inches (40" x 36").
(9)Egress from lowest balcony. The gateway in the rail must be of sufficient width to permit the proper installation of the drop-ladder and guide-rods. Where the opening to the drop-ladder is in the return rail and at front of the lowest step, the landing at the foot of the stairs must be at least three feet by three feet, four inches (3' x 3'- 4"). Top rails must be well braced at the gateway.
(10)Distance from lowest balcony to ground. The distance from the lowest balcony to the ground or safe landing shall be not more than sixteen feet (16'-0"), except that in existing multiple dwellings where due to structural conditions, such as plate glass store fronts, etc., it is not possible to erect such lowest balcony within sixteen feet (16'-0") of the ground, the Department of Buildings may permit such balcony to be erected at a height of not more than eighteen feet (18'-0") above the ground.
(11)Termination of fire-escapes on extension roofs. Where fire-escape stairs or ladders rest upon a fireproof roof, no balcony need be provided at the foot of such stairs or ladders. Where fire-escapes terminate on the roof of an existing extension, a guide-rod drop-ladder shall be provided at the level of the roof of such extension. Where the distance from such roof to a safe landing is more than sixteen feet (16'-0"), an intermediate balcony not more than ten feet (10'-0") above a safe landing shall be provided, and such intermediate balcony shall equipped with a guide-rod and drop-ladder and connected by means of a regulation stairway and balcony at the level of the extension roof. Balconies, where required, must be anchored and constructed in a manner satisfactory to the Department of Buildings. The roof of every extension used for egress, or upon which fire-escapes terminate, shall be fireproof or fire-retarded according to the provisions of subdivision (m) of this section of these rules and regulations.
(s)Brackets and braces.
(t)Stairways. All stairways shall be placed at an angle of not more than sixty (60) degrees with flat open steps not less than six inches (6") in width and twenty inches (20") in length and with a rise of not more than nine inches (9").
(u)Drop-ladder. A drop-ladder shall be provided from the lowest balcony and be of sufficient length to reach a safe landing place beneath. The drop-ladder shall be fifteen inches (15") in width, shall be placed in guides and shall be not more than sixteen feet (16'-0") in length. Except in multiple dwellings hereafter erected or converted, where the distance from the lowest balcony to a safe landing place is more than sixteen feet (16'-0") but because of structural conditions, such as plate glass store fronts, etc., a balcony is not possible, the Department may accept a drop-ladder in guides, if the distance from the floor of the lowest balcony to a safe landing place is not more than eighteen feet (18'-0"). No drop-ladder is required where the distance from the lowest balcony to a safe landing place does not exceed five feet (5'-0"). No drop-ladder will be permitted to land or terminate on a stoop or any part thereof unless the written approval of the Department of Buildings is obtained.
(v)Gooseneck ladder. The top balcony of every fire-escape shall be provided with a stair or with a gooseneck ladder leading from said balcony to and above the roof, except that no such stairs or gooseneck ladders will be required in the following locations or under the following conditions: (1) On multiple dwellings with peak roofs having a pitch of more than twenty (20) degrees.
(ii)Strings. The gooseneck ladder must be constructed with one piece strings of two inch by one-half inch (2" x 1/2") wrought iron. Strings must be directly secured to the brackets or secured to a two inch by one-half inch (2" x 1/2") bar bearing on two (2) brackets and well secured to strings and brackets by three-eighths inch (3/8") bolts or rivets. Strings must spread at the parapet wall or roof to give a passageway of eighteen inches (18"). Strings must be tied through the wall by braces going through the parapet immediately above the roof, or, in the absence of the parapet wall, the said braces must go through the wall immediately below the ceiling of the top floor and be secured by three-quarters-inch (3/4") bolts and four inches by four inches by three-eighths-inch (4" x 4" x 3/8") washers. The gooseneck ladder strings must extend thirty inches (30") above the roof level. Where there is a parapet, a gateway at the roof level shall be provided. The strings of the gooseneck ladder must be secured to and braced at the roof.
(iii)Rungs. Rungs shall be of wrought iron five-eighths inch (5/8") thick, spaced not more than twelve inches (12") apart and shall be riveted through the strings. The top rung of all gooseneck ladders shall be level with the roof.
(w)Painting. Section 53, Multiple Dwelling Law, required new fire-escapes to have two (2) coats of paint. The Department of Buildings will require these two (2) coats to be applied on contrasting colors, the first coat at the shop before erection, and the second coat applied after erection. Existing fire-escapes shall be repainted whenever deemed necessary, in a manner satisfactory to the Department. Notice shall be given by the owner to the Borough Superintendent prior to the painting of fire-escapes.
(x)Exceptions. Any deviations or exceptions from these rules other than those specifically mentioned herein shall be submitted to the Department of Buildings for approval. Consent and approval shall be in written form and bear the signature of the Commissioner, Deputy Commissioner, Superintendent or the person designated to sign such consent by the Commissioner, Deputy Commissioner or Superintendent.
(y)Fire-escapes on frame buildings. Fire-escapes shall be constructed as for brick or stone buildings with following exceptions, and except also that balconies three feet (3'-0") wide will be acceptable to the Department.
(z)Outside fireproof stairs. Outside fireproof stairs shall be constructed according to approved plans and applications of the Department of Buildings. Such regulations as govern the measurements of inside stairs shall be applied to outside fireproof stairways except that in multiple dwellings not exceeding three (3) stories and basement in height, a fireproof stairway leading from a front porch roof which is fireproof to the fireproof floor of an unenclosed porch will be deemed an outside fireproof stairway and such stairways may be of the same width as the ordinary fire-escape stairs. Area covered by fireproof outside stairs must not encroach upon the minimum dimensions of yards or courts.
(aa)Fire-towers. Fire-towers shall be constructed according to approved plans and applications filed with the Department of Buildings.
(bb)Egress: hotels and certain other class A and class B dwellings which are subject to the provisions of § 67, Multiple Dwelling Law.
(cc)Egress: lodging houses.
(dd)Ladders leading to roof scuttles. Ladders to roof scuttles as required under the provisions of§§ 187 and 233 of the Multiple Dwelling Law, shall be of incombustible material, not less than fifteen inches (15") wide, with strings not less than one and one-half inches by three-eighths inch (1 1/2" x 3/8"), with five-eighths inch (5/8") rungs not more than twelve inches (12") apart. Strings of such ladders shall be secured at top and bottom and ladder must be so arranged as to permit sufficient toe hold.
