§ 102. Stairs. 1. Except as otherwise specifically provided in
subdivisions three and four and in paragraphs b to j inclusive of
subdivision six, every multiple dwelling which exceeds two stories in
height shall have at least two fire-stairs. Such fire-stairs shall
extend from the entrance story to the roof and be equipped with
fireproof self-closing doors glazed with wire glass and without
transoms. No windows shall be required in such stairs, but any openings
in exterior walls, except any window openings facing a street or yard,
shall be equipped with fireproof frame and sash glazed with wire glass.
Entrances to such fire-stairs shall be at least fifteen feet distant
from each other and from the entrance to every other fire-stair or
fire-tower, except that the distance between two such entrances may be
less if they are on opposite sides of an elevator vestibule or other
public hall or are separated by an elevator shaft. The doors giving
access to such stairs shall not be held open by any device whatever.

2. Every such fire-stair shall have an entrance on the entrance story
from a street or an entrance at the side or rear of the dwelling from a
yard, court or passageway having continuous, safe and unobstructed
access to a street. Except as otherwise expressly provided in paragraphs
b to j inclusive of subdivision six, in a dwelling not exceeding one
hundred twenty-five feet in height every stair, fire-stair and
fire-tower shall be at least three feet in clear width, and where only
one fire-stair or fire-tower is required such fire-stair or fire-tower
shall be at least three feet eight inches in clear width. In a dwelling
exceeding one hundred twenty-five feet in height every required
fire-stair shall be at least three feet eight inches in clear width from
the entrance story up to a floor level not more than one hundred feet
below the ceiling of the highest story, and above such level every
fire-stair shall be at least three feet in clear width. Every stair
landing at every floor level shall be at least three feet eight inches
in clear width in every direction.

3. Except in dwellings erected under plans filed with the department
before April twenty-eighth, nineteen hundred thirty, and except as
otherwise provided in paragraphs b to j inclusive of subdivision six
there shall be horizontal access from every apartment to at least two
fire-stairs, at least one of which shall be within seventy-five feet
horizontally in the line of travel from a required means of egress from
such apartment.

4. Except as provided in paragraphs b, c and d of subdivision six, a
fire-tower may be substituted for any required fire-stair. When a
fire-tower is substituted for a fire-stair, such fire-tower shall comply
with all the applicable requirements for the fire-stair it replaces and
shall have its means of egress directly to a street or to a yard or
court having direct, unobstructed access to a street without passing
through any entrance hall; except that a fire-tower may have its means
of egress into a public vestibule if such means is not more than fifteen
feet from a street in the line of travel.

5. The stairs in a tower or dwelling containing a passenger elevator
and meeting the conditions of paragraphs f, g or h of subdivision six
may conform to the provisions of such paragraph and paragraph i of such
subdivision in lieu of the different provisions which would otherwise be
applicable thereto.

6. Under the special conditions described in paragraphs a to j
inclusive and in the following table, which applies only to class A
dwellings, stairs shall conform to the applicable provisions of such
paragraphs and table.

NOTE: TABLE FOUND IN CHAP. 234 OF THE LAWS OF 1964

a. Except as otherwise expressly provided in this paragraph and in
paragraphs b to j inclusive of subdivision six, if the number of living
rooms on any story above the entrance story exceeds forty, there shall
be an additional fire-stair for each twenty living rooms or fraction
thereof in excess of forty on any story above the entrance story. Such
an additional fire-stair shall not be required if the number of living
rooms on no story above the entrance story exceeds fifty and in addition
the clear width of one fire-stair is at least one and one-half times the
width specified for a fire-stair in subdivision two, the clear width of
every public hall connected with such fire-stair is at least one and
one-half times the width specified for a public hall in section one
hundred seven and the clear width of every entrance hall connected with
such fire-stair is at least one and one-half times the width specified
for an entrance hall in section fifty. Any additional fire-stair
constructed pursuant to this paragraph need not be carried to a greater
height than the level of a roof, or of a terrace formed by a setback,
above the highest story on which the number of rooms requires such
additional stair. When any fire-stair terminates at the level of a
setback of any outer wall, such setback shall form a terrace at least
four feet in depth measured between the inside of the parapet wall and
the wall of the dwelling and at least ten feet in length measured
parallel to the wall of the dwelling.

b. In a class A dwelling or section thereof not exceeding six stories
in height, for which plans shall have been filed in the department
before September first, nineteen hundred fifty-one, only one stair shall
be required, provided the number of apartments having access to such
stair on each story does not exceed six and the aggregate number of
living rooms in such apartments does not exceed twenty, except that the
total number of rooms above the first story shall not exceed one hundred
and the total number of apartments above the first story shall not
exceed thirty. Such stair shall in addition comply with all the
provisions of section one hundred forty-eight relating to stairs in
non-fireproof dwellings, except that in lieu of a window such stair may
have at each story an opening to a street or to a lawful yard or court
other than a court on a lot line. Such opening shall be at least forty
square feet in area and five feet in width, and shall be furnished with
a properly secured guard railing at least five feet in height and
approved by the department. Such opening shall be kept continuously
open to the outer air. No means of egress from any apartment to such
stair shall be more than twenty-five feet distant therefrom.

c. In a class A dwelling or section thereof not exceeding six stories
in height only one stair shall be required, provided the number of
living rooms on any story above the entrance story does not exceed
twenty. If the number of living rooms on any story or section thereof
above the entrance story exceeds twenty, there shall be an additional
stair for each twenty rooms or fraction thereof on any such floor or
section in excess of twenty, except that if the number of living rooms
on no such story or section above the entrance story exceeds thirty, in
lieu of an additional stair one stair and every public hall connected
therewith may be four feet six inches in clear width. Such stair shall
be completely separated from every other stair, fire-stair, fire-tower,
public hall and shaft by fireproof walls. Doors to stairs, fire-stairs
and fire-tower balconies from any public hall in such a dwelling or
section shall be at least three feet wide, self-closing and fireproof,
with their assemblies also fireproof. The panels of every such door
shall be glazed with clear wire glass and no pane thereof shall exceed
three hundred sixty square inches in area. Those portions of the
enclosure partition which separate the public hall from the stair shall
be glazed with wired plate glass at least one-quarter inch in thickness,
with no pane more than three hundred sixty square inches in area, so as
to provide so far as practicable an unobstructed view of the stair from
each public hall. Glass panels shall be at least twelve inches and not
more than sixteen inches above the floor of the public hall. Public
halls providing access to any such enclosed stair shall be lighted and
ventilated as prescribed for non-fireproof dwellings in section one
hundred forty-nine. No means of egress from any apartment to such a
stair shall be more than fifty feet distant therefrom.

d. In a class A dwelling or section thereof not exceeding six stories
in height only one stair shall be required, provided the number of
apartments having access to such stair at each story does not exceed
eight and the aggregate number of living rooms in such apartments does
not exceed twenty-five, except that the total number of living rooms
above the first story shall not exceed one hundred twenty-five and the
total number of apartments above the first story shall not exceed forty.
No means of egress from any apartment to such stair shall be more than
twenty-five feet distant therefrom. Doors and stair enclosures shall
conform to the provisions of paragraph c.

e. In a dwelling conforming to the provisions of paragraph b, c or d
the lowest story may be designated as a basement if such story is not
used for living purposes but is used solely for storage or other general
utility purposes accessory to the occupancy, use and management of the
dwelling. Such a basement shall not be deemed a story in computing the
height of the dwelling.

f. Every tower erected pursuant to plans on or after December
fifteenth, nineteen hundred sixty-one in a fireproof dwelling shall be
provided with at least one passenger elevator. Such elevator shall be
operated between the ground story and the highest story of such tower
containing any living room and horizontal access thereto shall be
provided at each story for every apartment in the tower. Stairs in such
a tower may comply with the following provisions of this paragraph in
lieu of the different provisions otherwise applicable. In such case
there shall be provided at least one fire-stair. If there are more than
fifteen living rooms on any story of the tower, there shall be an
additional fire-stair for each additional fifteen such rooms or fraction
thereof. Every fire-stair so required shall extend from the top story of
the tower to the entrance hall of the dwelling and be horizontally
accessible from each story of every apartment in the tower. If the tower
was erected under plans filed with the department on or after April
twenty-eighth, nineteen hundred thirty, it shall also have an additional
means of egress as provided in paragraph i of this subdivision.

g. In a dwelling in which one or more passenger elevators are operated
with horizontal access from every apartment in the dwelling and in which
every story has an area of not more than twenty-five hundred square feet
exclusive of elevator shafts, public halls, stairs and fire-stairs and
contains not more than fifteen living rooms, stairs may comply with the
provisions of this paragraph in lieu of the different provisions
otherwise applicable. In such case there shall be at least one
fire-stair, and there need not be more than one, accessible from each
apartment on each story and extending from the roof to the entrance
story with unobstructed access to a street. If the dwelling was erected
under plans filed with the department on or after April twenty-eighth,
nineteen hundred thirty, it shall also have an additional means of
egress as provided in paragraph i.

h. When a dwelling is divided into sections by unpierced fireproof
construction extending from the second tier of beams above the ground
story to the roof, and one or more passenger elevators are operated in
each such section with horizontal access from each apartment therein,
and every story of each such section above the entrance story contains
not more than ten living rooms where there are four or more apartments
on such story or not more than fifteen living rooms where there are
three apartments or less on such story, stairs may comply with the
provisions of this paragraph in lieu of the different provisions
otherwise applicable. In such case there shall be in each such section
at least one fire-stair, and there need not be more than one, extending
from the roof to the entrance story with unobstructed access to a
street. If the dwelling was erected under plans filed with the
department on or after April twenty-eighth, nineteen hundred thirty,
each such section shall also have an additional means of egress as
provided in paragraph i.

i. The main means of egress from every apartment in a tower or
dwelling erected pursuant to the provisions of paragraph f, g, or h
shall be within twenty-five feet of a fire-stair meeting the
requirements of such paragraph. If the tower or dwelling was erected
under plans filed with the department on or after April twenty-eight,
nineteen hundred thirty, egress shall also be provided, in addition to
the required fire-stairs, by means of another stair extending from the
main roof of the dwelling, or in the case of a tower from the highest
story thereof, to the entrance story, with unobstructed access to a
street. Such additional stair shall be horizontally accessible from each
apartment at each story through a vestibule or other public hall and
shall conform with all the requirements for a fire-stair except that its
clear width may be reduced to a minimum of twenty-eight inches, its
risers may be increased to a maximum of nine inches in height, and its
treads, exclusive of nosing, may be reduced to a minimum of eight inches
in width. No door giving access thereto shall swing into such stair.

j. A class B dwelling in which at least eighty per centum of the
living rooms above the second story open directly upon a public hall
without any intervening foyer or private hall, shall have at least two
fire-stairs accessible at each story from each room through a public
hall. Such fire-stairs shall be so located that at least one fire-stair
shall be not more than one hundred twenty-five feet along the line of
travel from the means of egress from any living room. Every such
fire-stair shall have a clear width of at least three feet eight inches.
Two such fire-stairs shall be deemed adequate for seventy living rooms
on any story. For each thirty-five living rooms or fraction thereof in
excess of seventy on any story there shall be one additional fire-stair;
except that if such fractional excess number of living rooms is not more
than twenty per centum of the total number of living rooms provided for
by the required two fire-stairs and one additional fire-stair for each
thirty-five living rooms, if any, in excess of seventy, in lieu of
another fire-stair for such fractional excess number of living rooms,
the area of every fire-stair landing at such story may be increased by
not less than two square feet for each living room of such fractional
excess number of living rooms. In every such dwelling each living room
which is occupied by three persons or more shall be counted as one
additional room for each four hundred cubic feet or fraction thereof in
excess of eight hundred cubic feet in the cubic content of such room.