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

What is NYC BC § 403.5.2?

Quick Answer

This section mandates that buildings exceeding 420 feet in height, excluding Group R-2, must provide an additional exit stairway beyond the minimum exits required. Specific exceptions apply, including compliance with elevator regulations and approved egress analyses. Applies to building owners of high-rise structures.

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 →

403.5.2 Additional exit stairway.

BC § 403.5.2

For buildings other than Group R-2 that are more than 420 feet (128 m) in building height, one additional exit stairway meeting the requirements of Sections 1011 and 1023 shall be provided in addition to the minimum number of exits required by Section 1006.3. The total width of any combination of remaining exit stairways with one exit stairway removed shall not be less than the total width required by Section 1005.1. Stairs sharing any common wall, floors, ceilings, scissor stair assemblies, or other enclosures shall not be considered the additional exit stairway required by this section. Exceptions: An additional exit stairway shall not be required to be installed in any of the following instances: 1. In buildings where all passenger elevators for general public use and all other elevators used for occupant self-evacuation comply with Sections 3008.1 through 3008.11; 2. In buildings where all of the following conditions are met: 2.1. The commissioner has approved a timed egress analysis establishing the egress time it would take for a full building evacuation, utilizing the stairs required by Section 1006 and the additional stair that would have been required pursuant to Section 403.5.2; 2.2. The commissioner has approved a timed egress analysis establishing the egress time it would take for a full building evacuation, utilizing the combination of the stairs required by Section 1006 and elevators used for occupant self-evacuation as follows: 2.2.1. Such analysis need only utilize a number of designated elevators designed for occupant self-evacuation necessary to demonstrate an evacuation time that is less than the time established in Exception 2.1; and 2.2.2. Every bank of passenger elevators for general public use shall be served by at least one such designated elevator; 2.3. All elevators in the building that either are passenger elevators for general public use or are used for occupant self-evacuation shall comply with Sections 3008.1 through 3008.11. However, the standby power generating equipment required by Section 3008.9 need only be sized to satisfy the loads required to simultaneously operate those elevators identified in the timed egress analysis described in Exception 2.2. The minimum number of exits required by Section 1006 are all at least 25 percent wider than the exit width required by Chapter 10. The increase in the stair width shall not be utilized in the timed egress analyses required by Exceptions 2.1 and 2.2.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 403.5.2?

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