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Village of Malverne, NY
Nassau County
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Table of Contents
Table of Contents
As used in this article, the following terms shall have the meanings indicated:
FLOOR AREA
Any floor space enclosed on all sides by either the exterior walls, fire walls or fire partitions.
HORIZONTAL EXIT
The connection of any two floor areas, whether in the same building or not, by means of a vestibule, or by an open-air balcony or bridge or through a fire partition or fire wall.
SPRINKLERED
Equipped with an approved system of automatic sprinklers throughout the building.
STAIR EXIT
A direct connection of any floor area to a stairway constructed in accordance with the requirements of this article for required stairs.
UNSPRINKLERED
Not equipped with an approved system of automatic sprinklers throughout the building.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Unless otherwise specifically stated in this article, the provisions hereof shall apply to buildings hereafter erected, except multiple dwellings.
A. 
Kind. Every building hereafter erected shall have one or more exits, as required in this section, consisting of interior or exterior stairs, fire towers or horizontal exits, constructed and arranged as specified in this article, with the necessary hallways and doorways.
B. 
Number of occupants.
(1) 
For the purpose of this article, when the number of persons to be accommodated by the exits is not stated in the application for a permit to construct, such number of persons within any floor area shall be taken, according to the use of such floor area, as one person per what is determined by the New York State Building and Fire Codes, current edition, which will govern for number of occupants.
(2) 
It shall be unlawful to occupy any floor area by a greater number of persons than that for which exits have been provided, in accordance with this article.
C. 
Required number.
(1) 
From rooms. Every room having an occupancy of more than 49 persons and/or having a travel distance exceeding the New York States codes shall have at least two doorways, remote from each other, leading to an exit or exits. Three or more exits shall be provided if required by the New York State Building and Fire Codes.
(2) 
From ground floor. Every floor area having direct exit by doorways or hallways to a street and having an occupancy of more than 49 persons shall have at least two means of exit. Three or more exits shall be provided if required by the New York State Building and Fire Codes.
(3) 
From floor areas. All floors shall have exits, stairways, and/or other means of egress to a public way as per the New York State Building and Fire Codes.
D. 
Location. Exits shall be located as per the New York State Building and Fire Codes.
E. 
Stairway exits. Every required stairway shall lead to a street or open public way. Stairways shall lead to a roof as per the New York State Building and Fire Codes.
F. 
Engineers' ladders. Every building, including multiple dwellings, factories, theaters and motion-picture theaters, in which high-pressure steam boilers are placed below the curb level shall have stationary iron ladders or stairs from such story leading directly to a manhole through the sidewalk or other outside exit, unless exit is provided by an enclosed stairs or a horizontal exit.
A. 
Construction.
(1) 
Strength. All stairs, platforms, landings and stair halls shall be of sufficient strength to safely sustain a live load of not less than 100 pounds per square foot.
(2) 
Materials. All stairs and stairways serving an exit shall be constructed of materials as per the New York State Building Codes.
(3) 
Support for treads and landings. When treads or landings are slate marble, stone or composition, they shall be supported for their entire length and width by a solid steel plate at least 1/8 of an inch thick, securely fastened. When stairs are of fireproof construction, the treads and landings may be solidly supported for their entire length and width by the materials of which such stairs are constructed. The treads and landings shall be constructed and maintained in such a manner as to prevent persons from slipping thereon.
B. 
When to be enclosed.
(1) 
Fireproof enclosures. Interior required stairways shall be enclosed with fireproof partitions or walls of approved masonry when required by the New York State Building and Fire Codes.
(2) 
Non-fireproof enclosures. In buildings with interior required stairways which are not enclosed in fireproof partitions or walls of approved masonry, the stairways shall be enclosed in partitions of minimum wood studs fire-stopped at every story with noncombustible material covered with approved plasterboard on both sides, or of other approved equally slow-burning material and construction.
(3) 
Stairs of ornamental character. Nothing in this section shall require the enclosure of the flight of a required stairs, when ornamental in character, from the main entrance floor to floor next above, provided that such stairs are not the only required stairs, that all other required stairs in the same story are enclosed as prescribed in this section and that some other required stairs are accessible from the upper part of the stairs in question.
(4) 
Open stairwells. Except as otherwise provided in this section and the New York State Building and Fire Codes, not more than two stories in any building shall be connected by an open well or unenclosed stairway.
(5) 
Opening in enclosures. No openings shall be permitted in the stair enclosures required by this section other than doorways, and such windows as are necessary for proper lighting. The doorways shall be equipped with approved self-closing fire doors, except that in non-fireproof enclosures, substantial self-closing hardwood, metal or metal-covered doors may be used. Windows opening on the interior of the building shall be stationary fire windows.
C. 
Width. No stairs or stairway required by this article as an exit shall have an unobstructed width less than what is required as per the New York State Building and Fire Codes. The aggregate width of stairs in any story of the building shall be such that the stairs or stairway may accommodate at one time the total number of persons ordinarily occupying or permitted to occupy the largest floor area served by such stairs or stairways above the flight or flights of stairs under construction, on the basis of what is required by the New York State Building and Fire Codes.
D. 
Treads and risers. The treads and risers of stairs shall be as per the New York State Building and Fire Codes.
E. 
Landings. All landings shall have minimum dimensions required by the New York State Building and Fire Codes.
F. 
Handrails. All guardrails and hand railings shall have minimum dimensions and be located in all areas as per the New York State Building and Fire Codes.
G. 
Space under stairs. The space under any stairs built in whole or in part of combustible materials shall be left entirely open and kept clear and free from encumbrance. The underside shall be finished as required by the New York State Building and Fire Codes.
A. 
Required stairs which may be permitted on the outside of a building shall be constructed of materials that are allowable as per the New York State Building and Fire Codes. Doors and windows opening on such stairs shall be protected as required by the New York State Building and Fire Codes.
B. 
Metal mesh or other rigid guards at least six feet high shall be provided on each unenclosed side of such stairways throughout.
Interior stairways constructed and arranged as follows shall be known as "fire towers." The enclosing walls shall be of what is required by the New York State Building and Fire Codes. Access to the stairway shall be provided at each story served by a fire tower through outside balconies or fireproof vestibules having solid floors or incombustible materials and provided with substantial railings. Such balconies or vestibules shall be level with the floors of the buildings and platforms of the stairs connected by them, and shall be separated therefrom by self-closing fire doors. The clear width of such connecting balconies and vestibules shall be not less than that required for a hallway sized per the New York State Building and Fire Codes. The stairs in fire towers shall comply in all respects with the requirements of this article relating to interior stairs.
No horizontal exit shall be deemed satisfactory under this article unless the floor area on either side or such horizontal exit is sufficient as per the New York State Building and Fire Codes. When vestibules or open-air balconies are used, they shall conform to the requirements for vestibules or open-air balconies or fire towers. When bridges are used, they shall be constructed of incombustible material. All doorways or windows opening on such vestibules, balconies or bridges shall be equipped with self-closing fire doors or automatic fire windows. When there is a difference in level between the connected floor areas, gradients shall be provided of not more than one foot in 10 feet.
When serving as an exit from or in connection with one or more stairways, the clear width of any hallway or passageway shall be not less than the aggregate required clear width of all stairs leading to it. The clear width of every hallway or passageway leading to an exit shall be not less than what is required by the New York State Building and Fire Codes.
A. 
Width. The aggregate clear width of doorways serving as an exit from any room or floor area to a hallway, stairs or other means of exit shall be not less than what is required by the New York State Building and Fire Codes.
B. 
Hanging of doors. The doors of any doorway required by this section shall be so hung and arranged that, when opened, they shall not in any way obstruct the required width of hallway, stairs, or other means of exit and, in the case of doorways leading directly to a street, shall not in any position project more than what is required by the New York State Codes. Doorways serving as exits to a street from required stairways of any building, or to a yard, court or open passageway communicating with a street, shall have the doors, including the doors of vestibules, so hung as to swing outwards when opening; but this requirement shall not be construed to prohibit the use of doors swinging both inwards and outwards, nor of sliding doors in stables and garages; and in the shipping and receiving rooms of business buildings, nor any other requirements of or exceptions to the New York State Building and Fire Codes.
C. 
Exits to be kept clear. No doorways, hallway, passageway, stairs or other means of exit required by this article shall be obstructed or reduced, except as to handrails, beyond its required width in any manner whatsoever.
A. 
Exit signs. All exits from floor areas shall be plainly marked by approved exit signs if required by the New York State Building and Fire Codes.
B. 
Lighting. Provisions shall be made for the adequate lighting by artificial light of all stairways, hallways and other means of exit required by this article.[1]
[1]
Editor's Note: Original Subsection C, Exits to be kept clear, which immediately followed this subsection, was repealed at time of adoption of Code (See Ch. 1, General Provisions, Art. I). See now § 265-32C above.
No building shall hereafter be altered so as to reduce the number or capacity of exits to less than that required for buildings hereafter erected. New exits hereafter installed in any building shall be installed in conformity to the requirements for exits in new buildings, unless such exits are installed to comply with a notice issued under the provisions of § 265-20 of this chapter.
Every building now existing which is not provided with exit facilities as prescribed in this article for new buildings, and in which the exit facilities are inadequate for the safety of the occupants, shall be provided with such good and efficient fire escapes, stairways or other means of egress in case of fire as shall be directed by the Superintendent of Buildings; and said Superintendent shall have authority within said Village to direct fire escapes and other means of egress to be provided upon and within such buildings or any of them, except as may be otherwise provided by law. If the owner of any building affected by any order issued under this section, or his agent, shall, within 48 hours, Sundays and holidays excluded, after personal service of such order has been made, file with the Superintendent of Buildings a written appeal from such order, the Superintendent of Buildings shall appoint a Board of Survey for unsafe buildings, upon the findings of which a new order shall be based and issued.
A. 
Construction. All fire escapes hereafter erected shall be constructed of incombustible materials and of sufficient strength to safely sustain a superimposed load of 100 pounds per square foot. The owner or lessee of any building upon which a fire escape is erected shall keep the same in good repair.
B. 
Encumbrances prohibited. No person shall at any time place any encumbrance of any kind whatsoever before or upon any fire escape, balcony or ladder.
C. 
Duty of fire fighters and police officers. Any fire fighter or police officer who shall discover any fire escape, balcony or ladder of any fire escape encumbered in any way shall forthwith report the same to the commanding officer of his company or department, who shall forthwith cause the occupant of the premises or apartment to which said fire escape, balcony or ladder is attached or for whose use the same is provided to be notified, either verbally or in writing, to remove such encumbrance and keep the same clear.
D. 
Penalties for offenses. If said notice shall not be complied with to effect the removal forthwith of such encumbrance and keeping said fire escape, balcony or ladder free from encumbrance, then the commanding officer shall apply to the Superintendent of Buildings or Code Enforcement Officer for a summons for the occupant of the premises or apartment of which the fire escape forms a part, and, on conviction, the occupant shall be fined, as per Village law, in the discretion of the court.