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

What is NYC BC § 1009.3?

Quick Answer

This section outlines the requirements for exit stairways to be considered part of an accessible means of egress, specifying a minimum clear width and conditions for areas of rescue assistance. Exceptions to these requirements are detailed for various scenarios. Applies to building owners responsible for compliance with accessibility standards in stairway design.

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 →

1009.3 Exit stairways.

BC § 1009.3

To be considered part of an accessible means of egress, a stairway between stories shall have a clear width of 48 inches (1220 mm) minimum between handrails and shall either incorporate an area of rescue assistance within an enlarged floor-level landing or shall be accessed from an area of rescue assistance complying with Section 1009.6. Exit access stairways that connect levels in the same story are not permitted as part of an accessible means of egress. Exceptions: The following exceptions apply to the requirements of clear width and area of rescue assistance, and do not supersede the other requirements of the accessible means of egress: 1. Exit access stairways providing means of egress from mezzanines are permitted as part of an accessible means of egress.

2.The clear width of 48 inches (1220 mm) between handrails and the area of rescue assistance is not required at exit access stairways as permitted by Section 1017 or exit stairways in buildings equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2.

3.The clear width of 48 inches (1220 mm) between handrails is not required for interior exit stairways accessed from a refuge area in conjunction with a horizontal exit.

4.Areas of rescue assistance are not required at exit access stairways where two-way communication is provided at the elevator landing in accordance with Section 1009.8.

5.Areas of rescue assistance are not required at stairways in buildings equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2.

6.Areas of rescue assistance are not required at stairways serving open parking garages.

7.Areas of rescue assistance are not required for smoke-protected assembly seating areas complying with Section 1029.6.2.

8.Areas of rescue assistance are not required in Group R-2 occupancies.

9.Areas of rescue assistance are not required for stairways accessed from a refuge area in conjunction with a horizontal exit.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 1009.3?

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