§ 67. Hotels and certain other class A and class B dwellings. 1. It
shall be unlawful to occupy any class A or class B multiple dwelling,
including a hotel, unless it conforms to the provisions of the specific
sections enumerated in section twenty-five to the extent required
therein, including the applicable provisions of this section and all
other applicable provisions of this chapter except that the provisions
of this section shall not apply to:

a. Converted dwellings;

b. Tenements;

c. Lodging houses;

d. Class A multiple dwellings erected under plans filed with the
department after April eighteenth, nineteen hundred twenty-nine.

2. Any such multiple dwelling, altered or erected after April fifth,
nineteen hundred forty-four, and which is required to conform to the
provisions of articles one, two, three, four, five, eight, nine and
eleven, shall not be required to conform to the provisions of
subdivisions three, six, nine and ten of this section.

3. The walls and ceiling of every entrance hall, stair hall or other
public hall, every hall or passage not within an apartment or suite of
rooms, every dumb-waiter, elevator, and, except as provided in paragraph
d of subdivision six, every other shaft, including stairs, connecting
more than two successive stories, shall be sealed off from every other
portion of the dwelling with fire-retarding materials approved by the
department, or, in lieu thereof, except in the case of elevator shafts,
shall be equipped with one or more automatic sprinkler heads. Nothing
contained herein shall be deemed to exempt from enclosure an interior
required means of egress. The provisions of this subdivision and similar
requirements of section sixty-one shall not apply to a store or space
used for business on any story where there are no sleeping rooms, when
such store or space is protected with sprinkler heads.

4. There shall be one or more completely enclosed compartments for the
storage of mattresses, furniture, paints, floor wax, linens, brooms,
mops and other such inflammable or combustible paraphernalia incidental
to the occupancy and maintenance of the dwelling, and such paraphernalia
shall be stored in no other portion of such dwelling. Such compartments
shall be completely protected by one or more automatic sprinkler heads.
Every door from any such compartment shall be self-closing. Closets
which do not exceed one hundred square feet in floor area may be used
for the temporary storage of such paraphernalia, except mattresses,
furniture, paints and insecticides containing inflammable materials and
are excluded from the requirements of this subdivision.

5. All kitchens and pantries serving restaurants in such non-fireproof
dwellings shall be equipped with one or more automatic sprinkler heads.

6. Except in fireproof class A multiple dwellings erected under plans
filed after January first, nineteen hundred twenty-five, and which were
completed before December thirty-one, nineteen hundred thirty-three, and
except as otherwise provided in paragraph c of this subdivision, in
every such dwelling three or more stories in height there shall be from
each story at least two independent means of unobstructed egress located
remote from each other and accessible to each room, apartment or suite.

a. The first means of egress shall be an enclosed stair extending
directly to a street, or to a yard, court or passageway affording
continuous, safe and unobstructed access to a street, or by an enclosed
stair leading to the entrance story, which story shall have direct
access to a street. That area of the dwelling immediately above the
street level and commonly known as the main floor, where the occupants
are registered and the usual business of the dwelling is conducted,
shall be considered a part of the entrance story; and a required stair
terminating at such main floor or its mezzanine shall be deemed to
terminate at the entrance story. An elevator or an unenclosed escalator
shall never be accepted as a required means of egress.

b. The second means of egress shall be by an additional enclosed stair
conforming to the provisions of paragraph a of this subdivision, a
fire-stair, a fire-tower or an outside fire-escape. In a non-fireproof
dwelling when it is necessary to pass through a stair enclosure which
may or may not be a required means of egress to reach a required means
of egress, such stair enclosure and that part of the public hall or
corridor leading thereto from a room, apartment or suite, shall be
protected by one or more sprinkler heads; in a fireproof dwelling only
that part of the hall or corridor leading to such stair enclosure need
be so protected.

c. Where it is impractical in such existing dwellings to provide a
second means of egress, the department may order additional alteration
to the first means of egress and to shafts, stairs and other vertical
openings as the department may deem necessary to safeguard the occupants
of the dwelling, may require the public halls providing access to the
first means of egress to be equipped on each story with one or more
automatic sprinkler heads, and, in non-fireproof dwellings, may also
require automatic sprinkler heads in the stair which serves as the only
means of egress.

d. Nothing in this section shall be deemed to require the enclosure of
a stair which is ornamental provided such stair does not connect more
than two stories.

e. A stair, fire-stair, fire-tower or fire-escape which is
supplementary to the egress requirements of paragraphs a, b and c of
this subdivision need not lead to the entrance story or to a street, or
to a yard or a court which leads to a street, provided the means of
egress therefrom is approved by the department.

7. a. All doors opening from shafts, stair halls or stairs and the
door assemblies shall be fire-resistive with the doors self-closing and
without transoms or any other opening.

b. All other doors opening upon entrance halls or other public halls
or corridors in every part of the dwelling shall be self-closing. In
non-fireproof dwellings any existing openings in such doors, except in
doors to public toilet rooms or bathrooms, shall be closed and sealed in
such manner as to provide a fire-resistive rating equal to the
fire-resistive rating of the remainder of the door. Except as provided
in this paragraph, any existing transoms over such doors in such
non-fireproof dwellings shall be firmly secured in a closed position, or
removed and the openings closed, in a manner satisfactory to the
department. If such doors or transoms are glazed with plain glass, such
glass shall be removed and replaced with wire glass one-quarter of an
inch in thickness or replaced with material approved by the department.
In non-fireproof dwellings existing transoms or ventilating louvres in
public halls or corridors, and any openings in partitions separating
sleeping rooms from public halls or corridors to provide ventilation,
need not be replaced, closed or sealed provided such public halls or
corridors are protected by automatic sprinkler heads. When existing
ventilating louvres are located in the lower half of any such door they
may be retained and new ventilating louvres may be installed in the
lower half of any new or existing doors provided the openable area of
every such louvre does not exceed one hundred forty-four square inches
and the bottom of the opening is one foot or more above the finished
floor of the public hall or corridor upon which such door opens and, in
such case, no sprinkler system shall be required.

c. Every existing interior glazed sash, window or opening, other than
a door, in any partition forming required enclosures around stairs or
shafts shall be removed and the openings closed up and fire-retarded.
Where an existing sash provides borrowed light to a public hall or
corridor from a living room and there is no glass panel in the door
providing access to such room, such sash shall be made stationary in a
closed position and be glazed with wire glass one-quarter inch in
thickness, or be entirely removed and the opening closed up with
incombustible material.

d. All openings which provide direct access to a fire-escape from a
public hall or corridor shall be equipped with fireproof doors and
assemblies with the door self-closing or fireproof windows glazed with
clear wire glass. Doors providing access to fire-escapes from public
halls or corridors may be glazed with clear wire glass.

e. It shall be unlawful to attach to or maintain on or about any door
required to be self-closing any device which prevents the self-closing
of such door.

8. a. (i) Every means of egress shall be indicated by a sign reading
"EXIT" in red letters at least eight inches high on a white background,
or vice versa, illuminated at all times during the day and night by a
red light of at least twenty-five watts or equivalent illumination. Such
light shall be maintained in a keyless socket. On all stories where
doors, openings or passageways giving access to any means of egress are
not visible from all portions of such stories, lighted or reflective
directional signs shall be maintained in conspicuous locations,
indicating in red on a white background, or vice versa, the direction of
travel to the nearest means of egress. In addition to being posted in
conspicuous locations, such signs located near the floor, giving
direction to the nearest means of egress, shall also be maintained. At
least one sign shall be visible from the doorway of each room or suite
of rooms. Existing signs and illumination may be accepted if, in the
opinion of the department, such existing signs and illumination serve
the intent and purpose of this subdivision. Supplementary stairs,
fire-stairs, fire-towers or fire-escapes which do not lead to the
entrance story or to a street or to a yard or court, leading to a
street, shall be clearly marked "NOT AN EXIT" in black letters at least
four inches high on a yellow background and at the termination of each
such stair, fire-stair, fire-tower or fire-escape, there shall be a
directional sign indicating the nearest means of egress leading to a
street. All signs shall be constructed, located and illuminated in a
manner satisfactory to the department.

b. On each floor of every hotel or motel having two or more stories
where the rooms or suites of rooms are connected by an interior hallway,
there shall be posted by each stairway, elevator or other means of
egress a printed scale floor plan of the particular story, which shall
show all means of egress, clearly labeling those to be used in case of
fire. Such signs shall be posted in other conspicuous areas throughout
the building. Said floor plan shall be no smaller than eight inches by
ten inches and shall be posted in such a manner that it cannot be
readily removed.

9. The ceiling of the story immediately below the entrance story shall
be fire-retarded or be equipped with one or more sprinkler heads. Any
boiler or furnace room within the dwelling used in connection with
supplying heat or hot water shall be enclosed with fire-retarded
partitions and every door opening therefrom and its assembly shall be
fireproof with the door self-closing. The ceiling of such room shall
also be fire-retarded or be equipped with one or more sprinkler heads.

10. a. There shall be provided in the roof directly over each stair,
fire-stair, fire-tower, dumb-waiter, elevator or similar shaft which
extends to or within one story of a roof, a ventilating metal skylight
having horizontal dimensions equal at least to seventy-five per centum
of the cross-sectional area of such shaft. Such skylight need not,
however, exceed twenty square feet in area. Where an existing skylight
is smaller than the dimensions or area prescribed in this paragraph, no
structural change shall be required, but a ventilating metal skylight
fitting the existing opening in the roof shall be sufficient. Every
skylight shall be glazed with plain glass in the roof of such skylight
and shall be equipped with metal screens over and under the skylight. In
lieu of a skylight a window of the same area at the top story shall be
accepted.

b. Whenever there is a flooring of solid construction at the top of
any enclosed stair, fire-stair, fire-tower, elevator or similar shaft,
openings shall be left near the top of such shaft for ventilation. Such
openings shall provide at least two hundred eighty-eight square inches
of unobstructed ventilation and shall communicate directly with the
outer air, or be otherwise ventilated in accordance with the provisions
of the local building code.

c. It shall be unlawful to discharge into any such shaft any
inflammable or volatile gases, liquids or other thing or matter which
would endanger life.

11. a. There shall be a fire-retarded bulkhead in the roof over, or
connecting directly by means of a public hall with the highest portion
of, every stair extending to the highest story below the main roof.
Stairs leading to such bulkheads shall be fire-retarded as required for
other public stairs and shall have at the top fireproof doors and
assemblies with the doors self-closing. All stairs to required bulkheads
shall be provided with a guide or handrail. A scuttle so constructed as
to be readily opened may be substituted for a bulkhead in such dwellings
two stories or less in height. Such scuttle shall be at least twenty-one
inches in width and twenty-eight inches in length, covered on the
outside with metal and provided with a stationary iron or steel ladder
leading thereto.

b. When a dwelling has a pitched or sloping roof with a pitch or slope
of more than fifteen degrees, no bulkhead or scuttle, or stair or ladder
leading thereto shall be required.

c. A bulkhead door or scuttle shall never be self-locking and shall be
fastened on the inside with movable rustproof bolts, hooks, or a lock
which does not require a key to open from the inside of the dwelling.

d. Bulkheads and stairs leading thereto existing on April fifth,
nineteen hundred forty-four, shall be permitted provided the stairs have
such angle of ascent and treads of such dimensions as may be approved by
the department.

12. In every such dwelling containing thirty or more rooms used for
living or sleeping purposes by transient occupants there shall be a
closed-circuit interior fire alarm system. Such alarm system shall be so
installed and maintained that it can be operated manually from any story
to sound an alarm or alarms capable of being heard clearly in all parts
of the dwelling. Such alarm system shall be installed, arranged and
maintained in a manner satisfactory to the fire department.

13. When the local building code requires a standpipe system such
system shall comply with all of the applicable requirements of such
code.

14. In every such fireproof dwelling containing fifty or more rooms
used for living or sleeping purposes by transient occupants and in every
such non-fireproof dwelling containing thirty or more such rooms, the
owner shall employ one or more watchmen or clerks whose duty it shall be
to visit every portion of the dwelling at frequent regular intervals for
the purpose of detecting fire or other sources of danger and giving
immediate and timely warning thereof to all the occupants. There shall
be provided a watchman's clock system or other device to record the
movements of such watchman. Such system shall be installed, supervised
and maintained in a manner satisfactory to the fire department. However,
the provisions of this subdivision shall not apply where, throughout the
dwelling, a closed-circuit, automatic, thermostatic fire-detecting
system is installed which actuates a fire alarm, or where, throughout
the dwelling, an approved-type automatic sprinkler system is installed
which actuates a fire alarm by the flow of water through such system.

15. a. Nothing in this section shall be construed as permitting
partitions or materials which are not fireproof in any fireproof
dwelling; nor shall anything in this section be deemed to abrogate any
powers or duties vested by law in the fire commissioner or fire
department, except that an existing sprinkler installation, fire alarm
or standpipe system which has been approved or accepted by the
department having jurisdiction and installed before July first, nineteen
hundred forty-eight, shall, after inspection by the said department, be
deemed to be in compliance with the requirements of this section or may
be altered or adapted to meet such requirements instead of a completely
new installation or system.

b. All automatic sprinkler heads required by this section shall be
constructed to fuse at a temperature not higher than one hundred
sixty-five degrees Fahrenheit, spaced so as to protect the area which is
required to be sprinklered, and installed, arranged and maintained in
conformity with regulations adopted by the department.

c. For the purposes of subdivisions twelve and fourteen of this
section, the term "transient occupancy" shall mean the occupancy of a
room for living purposes by the same person or persons for a period of
ninety days or less.

16. a. Notwithstanding any other provision of law to the contrary,
within a dwelling to which this section is applicable the use of
dwelling units as a hotel for other than permanent residence purposes,
as defined in paragraph a of subdivision eight of section four of this
chapter, that would otherwise be prohibited shall be permitted to
continue for a period of two years after the effective date of this
subdivision provided that:

(1) such dwelling units were used for other than permanent residence
purposes on January first, two thousand nine and on the effective date
of this subdivision and fifty-one percent or more of the total number of
dwelling units in such dwelling were used for other than permanent
residence purposes on such dates;

(2) such dwelling was occupied as a hotel for other than permanent
residence purposes on December fifteenth, nineteen hundred sixty-one;

(3) such dwelling is of fireproof construction and was of fireproof
construction on January first, two thousand nine;

(4) such dwelling units used for other than permanent residence
purposes have at least two lawful means of egress, including exit
stairs, fire towers or exterior stairs but excluding fire escapes and
had such lawful means of egress on January first, two thousand nine;

(5) such dwelling has operational exit signs and a fire alarm system
complying with the provisions for existing transient occupancies in
accordance with local law and had such exit signs and fire alarm system
on January first, two thousand nine; and

(6) such dwelling units used for other than permanent residence
purposes are registered with the department within one hundred eighty
days after the effective date of this subdivision in a form and manner
to be provided by such department, including a requirement that the
applicant submit certification of compliance with subparagraphs three,
four and five of this paragraph, signed and sealed by a registered
architect or licensed professional engineer in good standing under the
education law. The department may assess fees to cover all costs
associated with such registration. The department may refuse to register
dwelling units or may revoke such registration if it determines such
dwelling units or dwelling do not comply with the conditions for
registration set forth in subparagraphs one through five of this
paragraph.

b. The owner shall obtain a certificate of occupancy for the use of
registered dwelling units for other than permanent residence purposes
within two years after the effective date of this subdivision. Upon
application prior to the expiration of such two year period, the
department may, for good cause, extend such time for up to one
additional year but no such extension shall be granted unless the
department finds that:

(1) the owner has obtained the necessary permit or permits for all
work necessary to bring such dwelling into compliance with the
requirements of this chapter and all local housing, building and fire
codes for the use of dwelling units for other than permanent residence
purposes;

(2) all construction authorized by such permit or permits has been
substantially completed; and

(3) there are no considerations of public safety, health and welfare
that have become apparent since the issuance of the above described
permit or permits that indicate an overriding benefit to the public in
enforcing the requirement that the applicant obtain a certificate of
occupancy for the use of registered dwelling units for other than
permanent residence purposes within two years after the effective date
of this subdivision.

c. Upon application prior to the expiration of the time for obtaining
a certificate of occupancy, as extended by the department pursuant to
paragraph b of this subdivision, the board of standards and appeals may
grant a further extension of time to obtain a certificate of occupancy
in a case where there are circumstances beyond the applicant's control
or hardship in the way of obtaining such certificate within the time
allowed by the department but no more than one such extension of fifteen
months shall be granted for a building and no such extension shall be
granted unless the board finds that there are no outstanding building or
fire code violations of record at the property.

d. The department shall issue such certificate of occupancy upon proof
that said dwelling conforms in all respects to the requirements of this
chapter and all local housing, building and fire codes for the use of
dwelling units for other than permanent residence purposes. If no such
certificate of occupancy is issued within two years after the effective
date of this subdivision or, if applicable, within the time as extended
by the department or as further extended by the board of standards and
appeals, all use of dwelling units for other than permanent residence
purposes shall thereafter cease.

e. If after a certificate of occupancy is issued pursuant to paragraph
d of this subdivision, the use of such dwelling units for other than
permanent residence purposes is discontinued, nothing in this
subdivision shall be construed to limit the application of the local
zoning resolution with respect to such discontinuance.