Multiple Dwelling Law Ny: Commercial Buildings Included?

The New York Multiple Dwelling Law defines a multiple dwelling as a dwelling that is rented, leased, or hired out to be occupied, or is occupied as the residence of three or more families living independently of each other. Notably, the law specifies that a multiple dwelling does not include a fireproof building used wholly for commercial purposes, except for not more than one janitor's apartment and not more than one penthouse occupied by not more than two families. Therefore, the Multiple Dwelling Law in New York does apply to commercial buildings in certain circumstances, but there are exemptions for fireproof buildings used primarily for commercial purposes.

Does the law apply to buildings used for commercial purposes?

The Multiple Dwelling Law in New York defines a "dwelling" as any building or structure or portion thereof which is occupied in whole or in part as the home, residence, or sleeping place of one or more human beings. This includes buildings used for commercial purposes, such as hotels, boarding houses, and apartment hotels.

The law specifically states that a "multiple dwelling" is a dwelling that is rented, leased, let, or hired out to be occupied or is occupied as the residence or home of three or more families living independently of each other. This definition also includes residential quarters for hospital staff, excluding buildings used primarily for hospital use.

The law further distinguishes between "Class A" and "Class B" multiple dwellings. "Class A" refers to dwellings occupied for permanent residence purposes, including tenements, apartment houses, and bachelor apartments. On the other hand, "Class B" multiple dwellings are those occupied transiently or temporarily by individuals or families, such as hotels, lodging houses, and boarding schools.

Therefore, the Multiple Dwelling Law in New York does apply to buildings used for commercial purposes, as long as they meet the definition of a "dwelling" and a "multiple dwelling" as outlined in the law.

What are the requirements for a building to be considered a 'multiple dwelling'?

In New York, a multiple dwelling is defined as a building that is occupied as a residence by three or more families, with occupants living independently of each other. This definition excludes hospitals, convents, monasteries, asylums, and public institutions. It also does not include fireproof buildings used solely for commercial purposes, except for buildings with no more than one janitor's apartment and one penthouse occupied by no more than two families.

A multiple dwelling is further classified as either Class A or Class B. A Class A multiple dwelling is occupied only for permanent residential purposes, such as tenements, apartment houses, and bachelor apartments. On the other hand, a Class B multiple dwelling is typically occupied transiently and temporarily by individuals or families who are lodged, with or without meals. This class includes hotels, boarding houses, and dormitories.

To be considered a multiple dwelling, a building must meet specific requirements. Firstly, it should have three or more dwelling units, with each unit consisting of one or more rooms, including a bathroom. Additionally, each dwelling unit must be arranged to be occupied by the members of a family, maintaining their household and living independently of each other. The definition of a "family" in this context includes a person or two or more persons living together, with no more than four boarders, roomers, or lodgers.

Furthermore, a multiple dwelling must comply with specific construction and safety standards, including those outlined in the Multiple Dwelling Law. These standards address fire safety, structural integrity, and other essential aspects to ensure the building's suitability for residential use.

In summary, for a building to be considered a multiple dwelling in New York, it must meet the criteria of being occupied as a residence by three or more families living independently and must adhere to the relevant construction and safety standards as outlined in the state's Multiple Dwelling Law.

What are the fire safety requirements for commercial buildings?

Fire safety is of the utmost importance in commercial buildings, and there are various requirements that must be met to ensure the safety of employees, customers, and properties.

Active and Passive Fire Control

Commercial buildings should have both active and passive fire control systems in place. Active fire control involves equipment that requires activation to function, such as fire extinguishers or automatic sprinklers triggered by an alarm. Passive fire protection elements, such as fire doors and walls, help prevent the spread of fire.

Fire-Resistant Doors

Fire doors are an essential part of a commercial building's passive fire control system. These doors are designed to slow the spread of fire and smoke and typically include a self-closing device that activates when opened. It is crucial to install and maintain fire doors correctly, ensuring all hardware is in good working order and the door is free from obstructions.

Fire Detection and Smoke Alarms

Kitchen and electrical fires are the most common types in commercial buildings, so smoke alarms are crucial. Install smoke alarms in every room and test them monthly. A fire alarm system provides early warning, allowing people time to evacuate. Choose a reliable system with a loud, clear signal that can be heard throughout the building.

Emergency Lighting and Exit Signs

Commercial buildings must have reliable emergency lighting to illuminate exits and walkways in the event of a power outage or fire. Exit signs should be clearly visible from every direction and kept illuminated for easy evacuation, even in low-light conditions.

Fire Extinguishers

Commercial buildings must have a sufficient number of fire extinguishers placed in strategic locations throughout the building. Ensure extinguishers are maintained properly, serviced regularly, and comply with relevant standards. Employees should be trained in the proper use of fire extinguishers, and regular fire extinguisher training should be conducted at least annually.

Evacuation and Fire Drills

Regular fire drills are essential to ensure employees are familiar with evacuation routes and procedures. All employees should be aware of potential fire hazards and assembly points, and evacuation routes should be marked and wheelchair accessible.

Fire Risk Assessments

Commercial businesses must conduct regular fire risk assessments, typically carried out by a 'Responsible Person' or a specialist fire risk assessor. The assessment must be reviewed and recorded regularly, identifying potential fire risks, individuals at risk, and assessing the suitability of fire safety measures such as escape routes and fire drills.

Fire Safety Signs

By law, commercial premises must have at least two fire safety signs visible: a Fire Action Notice and a Fire Extinguisher ID sign. These signs provide critical information on what to do in the event of a fire and explain the type and location of fire extinguishers.

Fire Alarms

Commercial premises are legally required to have an appropriate fire detection system in place. The system should be tested weekly and serviced every six months. Automatic systems are recommended for businesses at higher risk of fire, while manual systems may be sufficient for lower-risk premises. Ensure the alarm is audible throughout the building and that there is a call point on every floor.

Fire Suppression Systems

Commercial buildings should have fire suppression systems installed, such as sprinklers or hose reels, depending on the nature of the business. These systems are triggered by alarms and rapidly deploy water to extinguish fires, helping to prevent the loss of life and property damage.

Other Considerations

• Regular inspections and maintenance of fire protection systems, including sprinklers, backflow preventer assemblies, fire suppression systems, and alarms.
• Training staff on workplace fire prevention and safety measures to reduce the risk of human error.
• Maintaining unobstructed access to emergency evacuation routes, ensuring doors, windows, hallways, stairways, and outdoor areas are clear.
• Partnering with a reputable fire safety company for emergency services, inspections, and maintenance.
• Complying with local and national fire safety regulations and building codes.

By implementing these fire safety requirements, commercial building owners and managers can help protect lives and property in the event of a fire.

What are the occupancy requirements for commercial buildings?

To ensure the safety of a commercial building's occupants, owners must obtain a Certificate of Occupancy (C of O) from the local government before the building can be used, occupied, or sold. This crucial document certifies that the building adheres to all relevant building codes, zoning regulations, fire safety regulations, and health regulations.

The process of obtaining a C of O typically involves submitting an application, plans, and specifications of the building and its systems, as well as undergoing inspections by various departments, including structural, plumbing, electrical, and fire safety.

Fire safety regulations are a critical aspect of occupancy requirements. These regulations establish standards for fire prevention systems such as sprinklers, fire alarms, smoke detectors, and clearly marked escape routes. Commercial buildings must undergo a fire safety inspection to ensure they are equipped with the necessary fire safety equipment. This inspection is a vital step in the process of obtaining a C of O.

Another important aspect of occupancy requirements is compliance with health regulations. These regulations are designed to safeguard the health, sanitation, and safety of individuals in public and commercial spaces. Proper ventilation, waste disposal, and adequate lighting are some of the health regulations that commercial buildings must meet.

In addition to fire safety and health regulations, commercial buildings must also adhere to zoning regulations, which control land use and set limitations on the types of activities permitted in specific areas of a city.

To ensure compliance with these various regulations, inspections are conducted by relevant departments, and a C of O is issued only after a building has passed all the necessary inspections.

It is worth noting that a Temporary Certificate of Occupancy (TCO) can be obtained to allow for the occupancy of a building before its official completion. However, this is only a temporary measure, and the building owner or developer must still complete any unfinished construction work and obtain a final C of O.

Overall, the occupancy requirements for commercial buildings are extensive and involve multiple steps to ensure the safety and well-being of the building's occupants.

What are the exceptions to the Multiple Dwelling Law?

The Multiple Dwelling Law in New York State covers a range of provisions, including fireproof and non-fireproof multiple dwellings, garden-type maisonette dwelling projects, converted dwellings, and joint living-work quarters for artists or general residential occupancy of lofts, commercial, or manufacturing buildings.

• Article 7-B: Joint Living-Work Quarters for Artists or General Residential Occupancy of Lofts, Commercial, or Manufacturing Buildings - This article permits the occupancy of buildings for joint living-work quarters for artists or general residential purposes, provided certain conditions are met. These conditions include requirements for exterior walls, window openings, fire safety, and zoning regulations.
• Exceptions for Commercial and Manufacturing Purposes - While the law allows for the occupancy of buildings for joint living-work quarters and residential purposes, it also specifies that any part of the building may be used for manufacturing and commercial purposes as long as they comply with local zoning laws or resolutions.
• Medium and High Fire Hazard Occupancies - The law stipulates that only the second story and below can be occupied for uses listed as medium fire hazards unless the entire building is wet-sprinklered. Additionally, high fire hazard occupancies are not permitted in any portion of the building.
• Sprinkler System Requirements - All areas occupied for manufacturing or commercial purposes must be protected by an approved wet-pipe automatic sprinkler system, which also extends to public hallways and stairways serving residential occupancies.
• Fire Separation Requirements - All occupancies or tenancies must be separated by a vertical fire separation with a minimum fire-resistance rating of at least one hour, complying with applicable zoning regulations. However, no separation is required between the working and living portions of joint living-work quarters for artists.
• Compliance with Old-Law Tenements and Converted Dwellings - The law specifies that buildings must comply with the requirements imposed on old-law tenements and converted dwellings, as outlined in various sections of the law.
• Lighting, Ventilation, and Size Standards - Minimum standards for lighting, ventilation, and size of rooms, alcoves, and balconies must be met, as outlined in the administrative code of the city of New York.
• Minimum Size for Joint Living-Work Quarters - The law specifies a minimum size of 1200 square feet of interior space for joint living-work quarters for artists, except as otherwise authorized by the zoning resolution of the city of New York.
• Window Requirements for Residential Units - Residential units must have windows that open onto a street, court, rear yard, or comply with specific distance requirements from the rear lot line. The minimum required ratio of window area to floor area is also specified.
• Ventilation and Kitchen Requirements - Ventilation requirements for spaces other than living rooms, including enclosed workspaces, are outlined, along with natural and mechanical ventilation options. Kitchen and kitchenette requirements, including minimum floor areas and natural or mechanical ventilation options, are also specified.
• Smoke Detectors and Fire Safety - The law mandates the installation of smoke detectors outside each sleeping or bedroom area of dwelling units, with specific design and installation guidelines. Additionally, fireproof doors and assemblies are required for openings from apartments leading into public halls or corridors.
• Means of Egress and Stairway Requirements - The law outlines various requirements for means of egress in non-fireproof and fireproof buildings, including the number of stairways, hallways, and their fire ratings.
• Mezzanine and Roof Structure Regulations - Regulations are provided for mezzanines within individual dwelling units, including minimum headroom and floor area requirements. Guidelines for roof structures, such as skylights, ventilators, and windows, are also specified.
• Shaft and Elevator Shaft Enclosures - All shafts and elevator shafts must be enclosed with incombustible material with a two-hour fire rating and comply with the administrative code.
• Kitchen and Cooking Space Compliance - All kitchens, kitchenettes, or cooking spaces in such buildings must comply with the requirements imposed on multiple dwellings erected after a specified date, as outlined in the law.
• Variations and Exceptions - The requirements and standards prescribed in the law may be subject to variation in specific cases by the commissioner of buildings or the board of standards and appeals of the city, as per the provisions of the New York City Charter.

Frequently asked questions