N.Y. Multiple Dwelling Law Section 103
Egress from apartments


1.

a. Except as provided in paragraph b of this subdivision, there shall be at least one means of egress from each apartment on each and every story of such apartment, and a second means of egress if the first means is not within fifty feet of every living room in such apartment on such story. When two means of egress are required, they shall open from different rooms.

b.

In any class A fireproof dwelling or section thereof erected under plans filed in the department after September first, nineteen hundred fifty-one, an apartment occupying parts of not more than two stories shall have at least one means of egress. Such required means of egress shall be not more than forty feet from any room within such apartment and shall open directly upon a public hall. Such public hall shall provide access to at least two fire-stairs. Any stair within an apartment shall be at least two feet six inches in width and a terminus shall be not more than twenty feet from the door which provides the required egress to a public hall, provided, however, that such stair within an apartment shall extend downwards or upwards to the story which provides the required access to at least two fire-stairs. In the event of but one such means of egress, and if the stair within the apartment extends downwards to provide egress to a public hall, there shall be a balcony upon the upper story of the apartment. If, however, such stair extends upwards to provide egress to a public hall, the balcony shall be located on the lower story of the apartment. Such balcony shall provide access from the apartment to a room of an adjoining apartment on the same story. Such balcony shall be constructed of incombustible material and be capable of sustaining a load of at least eighty pounds per square foot. Access to such balcony shall not be obstructed by sinks or kitchen fixtures or in any other way, and shall be maintained unobstructed at all times. Bars, gates, grilles or other obstructing devices on any window or door giving access to or egress from such balcony shall be unlawful.

2.

Except as otherwise expressly provided in paragraph b of subdivision six of section one hundred two for certain dwellings six stories or less in height, at least one fire-stair shall be within seventy-five feet of at least one means of egress from each apartment on each story thereof.

3.

When any such fire-stair serving any apartment as a required means of egress from the dwelling opens on the entrance story of the dwelling exclusively into an entrance hall, no other fire-stair serving the same apartment as a required means of egress from the dwelling shall open on such story exclusively into the same entrance hall. Any required fire-stair not opening on such story exclusively into an entrance hall shall open on a street or in a yard, court or passageway affording continuous, safe and unobstructed access to a street; but any such required fire-stair serving any apartment as a means of egress from the dwelling may have a supplementary entrance into the same entrance hall as that into which any other fire-stair serving the same apartment as a required means of egress from the dwelling opens exclusively.

4.

When any apartment occupies parts or all of three or more stories, every stair within such apartment leading to the third or any higher story of such apartment shall be enclosed with fireproof partitions with a fireproof door and assembly with the door self-closing at the second story landing of such stair and at every higher story landing from which the stair continues upward within the apartment; or in lieu of such fireproof partitions and doors at least two means of egress from such apartment opening from different rooms shall be provided on the first, third and alternate higher stories, if any, of such apartment.

5.

No means of egress from any apartment shall open into any stair, fire-stair or fire-tower required under the provisions of this section except through a vestibule or public hall.

Source: Section 103 — Egress from apartments, https://www.­nysenate.­gov/legislation/laws/MDW/103 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 103’s source at nysenate​.gov

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