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Title 28: Housing Preservation and Development
Chapter 1: Rules and Regulations
Chapter 2: Rules and Regulations Pursuant to Article VIII-A of the Private Housing Finance Law of New York and Title I of the Housing and Community Development Act of 1974
Chapter 3: City-Aided Limited Profit Housing Companies
Chapter 4: Companies Formed Pursuant to the Redevelopment Companies Law of the State of New York [Repealed]
Chapter 5: J51 Tax Exemption and Tax Abatement
Chapter 6: Tax Exemption Pursuant to § 421-a(1) Through § 421-a(15) of the Real Property Tax Law and §§ 11-245, 11-245.1 and 11-245.1-b* of the Administrative Code of the City of New York
Chapter 7: Partial Tax Exemption for Private Dwellings Pursuant to § 421-b of the Real Property Tax Law
Chapter 8: Tax Lien Sales and In Rem Foreclosure Affecting Distressed Properties and Certain Other Properties
Chapter 9: Removal of Violations Issued Pursuant to the Housing Maintenance Code
Chapter 10: Administration of Applications for Certifications of No Harassment
Chapter 11: [Lead-based Paint Abatement; Dwellings; Children]
Chapter 12: Smoke Detecting and Carbon Monoxide Detecting Devices and Systems in Multiple Dwellings
Chapter 13: Stays of Legal Action Regarding Violations of the Multiple Dwelling Law and the Housing Maintenance Code
Chapter 14: Rent Setting and Increases to Tenants in Division of Alternative Management Program Building
Chapter 15: Self-Inspection of Central Heating Plants
Chapter 16: Access to Boiler Rooms in Multiple Dwellings
Chapter 17: Rules Pertaining to Objections to Charges Enforced as Tax Liens Pursuant to §§ 27-2144, 27-2153(q), 27-2091, 27-2115(f)(8), 27-2115(k), 28-215.1.1 and 28-216.11 of the Administrative Code
Chapter 18: Relocation Payments and Services
Chapter 19: Unauthorized Occupant Policy for the Division of Property Management [Repealed]
Chapter 20: Rules Concerning Article 7-a of the Real Property Actions and Proceedings Law
Chapter 21: Division of Alternative Management Programs
Chapter 22: Disposition of Residential Property Developed or Rehabilitated by a City Loan
Chapter 24: Successor Tenants in City Owned Buildings under the Supervision of the Department of Housing Preservation and Development
Chapter 25: Multiple Dwellings
Subchapter A: Installation and Maintenance of Gas-Fueled Water and Space Heaters in All Portions of Dwellings Used or Occupied for Living Purposes
Subchapter B: [Reserved]
Subchapter C: Conduct and Maintenance of Lodging Houses
Subchapter D: Signs at Incinerator Service Openings
Subchapter E: Signs Showing the Maximum Lawful Occupancy for Sleeping Purposes of Apartments, Suites of Rooms and Single-Room Units Constituting 'Accommodations for Transients'
Subchapter F: Signs Identifying Owner, Managing Agent and Superintendent of Multiple Dwellings
Subchapter G: Requirement That Owners of Multiple Dwellings File a '24-Hour' Telephone Number with the Department of Housing Preservation and Development
Subchapter H: Owner's Right to Access to Dwelling Units or Rooms in Multiple Dwellings and Requirements for Notification
Subchapter I: Boiler Room Enclosure
Subchapter J: Signs Indicating Floors in Multiple Dwellings
Subchapter K: House Numbers
Subchapter L: Measuring Floor Area of Public Halls, Stairs, Fire-Stairs and Fire-Towers in Multiple Dwellings to Determine Lighting Requirements
Subchapter M: Entrance Doors, Locks and Intercommunication Systems
Subchapter N: Installation of Security Items In Multiple Dwellings
Subchapter O: Fire-Retarding of Entrance Halls, Stair Halls and Public Halls In Old Law Tenements and Converted Dwellings
Subchapter P: Self-Closing Doors
Subchapter Q: List of All Violations Classified as Rent Impairing
Subchapter R: Collection, Retention and Disposal of Garbage, Rubbish and Refuse In Multiple Dwellings
Subchapter S: Construction and Maintenance of Refuse Chutes and Refuse Rooms
Subchapter T: Obstruction of Fire Exits in Multiple Dwellings
Subchapter U: Surfaces of Walls and Ceilings in Multiple Dwellings
Subchapter V: Posting of Certificate of Inspection Visits in Multiple Dwellings
Subchapter W: Sealing and Protection of Vacant and Unguarded Buildings
Chapter 26: Commercial Rent Restructuring
Chapter 27: Tripartite General Orders
Chapter 28: Tax Syndication Sharing Program Rules
Chapter 29: Sip Occupied Sales Program [Repealed]
Chapter 30: Neighborhood Redevelopment Program
Chapter 31: Tax Exemptions Under Section 420-c of the Real Property Tax Law
Chapter 32: Tax Exemption and Tax Abatement Under Section 421-g of the Real Property Tax Law
Chapter 33: Housing and Urban Renewal Projects and Programs
Chapter 34: Tenant Interim Lease Program
Chapter 35: Neighborhood Entrepreneurs Program [Repealed]
Chapter 36: Alternative Enforcement Program
Chapter 37: Fees for Administration of Loan Programs and Certain Other Municipality-Aided Projects
Chapter 38: Campaign Finance Act Implementation
Chapter 39: Revocation of Tax Benefits
Chapter 40: [Electronic Submission of Certifications of Correction of Housing Maintenance Code Violations]
Chapter 41: Inclusionary Housing
Chapter 42: Greenthumb Gardens
Chapter 43: [Notification by Mortgagee Commencing an Action to Recover Residential Real Property]
Chapter 44: Orders by the Department for Repair of Underlying Conditions
Chapter 45: Temporary Posting of Emergency Information
Chapter 46: [Housing Information Guide for Tenants and Owners]
Chapter 47: Rules Pertaining to Recurring Violations and Complaint-Based Inspections
Chapter 48: Elevator Violation Referrals
Chapter 49: Eligibility Requirements Pursuant to Real Property Tax Law Section 421-a(17)
Chapter 50: Building Service Employees Prevailing Wage Requirements and Construction Workers Minimum Average Hourly Wage Requirements in Certain Buildings Receiving Benefits Pursuant to Real Property Tax Law § 421-a
Chapter 51: Affordable New York Housing Program Rules and Eligibility Requirements Pursuant to Real Property Tax Law § 421-a(16)
Chapter 52: Speculation Watch List
Chapter 53: Pilot Program Buildings Certifications of No Harassment
Chapter 54: [Indoor Allergen Hazards]
Chapter 55: [Stove Knob Covers]
Chapter 56: Internet Capable Temperature Reporting Devices
Chapter 57: Petitions for Rulemaking
Chapter 58: Housing Portal
Chapter 59: Bedbug Infestation
Chapter 60: CityFHEPS Rent Stabilized Unit Repair Program
Chapter 61: Environmental Review Procedures
Chapter 62: [Reserved]
Chapter 63: Affordable Neighborhoods for New Yorkers Tax Incentive Benefits Pursuant to Real Property Tax Law Section 485-x
Chapter 64: Affordable Housing from Commercial Conversions Tax Incentives Benefits Program Pursuant to Section 467-m of the Real Property Tax Law
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Subchapter N: Installation of Security Items In Multiple Dwellings
§ 25-161 Installation of Peepholes.
   (a)   These new peepholes, or door interviewers, must bear a label showing the approval of the Department of Buildings or the previous approval of the Board of Standards and Appeals.
   (b)   The peepholes must be so located as to enable a person in such housing unit to view from the inside of the entrance door any person immediately outside.
   (c)   The distance above the inside finished floor to the center of the peephole shall be approximately 5 feet.
   (d)   The cutout shall not affect the adequacy of any stiffening member of the door.
   (e)   Peepholes installed prior to the enactment of the legislation will be acceptable unless the cutout for the peephole has affected the adequacy of any stiffening member of the door.
§ 25-162 Installation of Two 50 Watt Lights at Front Entrance Way.
   (a)   All electrical work shall be done in accordance with the requirements and approval of the Department of Buildings.
   (b)   The installation shall be a separate circuit or connected to the house line servicing the public halls.
   (c)   The lights shall be encased in a metal guard or shatterproof globe.
   (d)   The lights of at least 50 watts of incandescent or equivalent illumination shall be placed on each side of the front entrance-way at a height of between 7 to 11 feet above floor level adjacent to such entrance-way and adequate to light same.
§ 25-163 Installation of Viewing Mirrors in Self-Service Elevators.
   (a)   Mirrors shall be made of polished metal.
   (b)   Mirrors shall be of such size and so located on the car wall opposite the car entrance so that a person entering the elevator may have a complete view of the interior of the car. It shall not be necessary to provide a view of the floor and ceiling.
   (c)   The mirror shall be so located as not to interfere with or endanger passengers in the elevator.
   (d)   Mirrors shall be mounted and secured so that they cannot be readily removed by the public.
§ 25-164 Installation of Lights in Rear Yards, Side Yards, Front Yards and Courts.
   (a)   All electrical work shall be done in accordance with requirements and approval of the Department of Buildings.
   (b)   The installation shall be a separate circuit or connected to the house line servicing the public halls.
   (c)   The light or lights, of at least 40 watts of incandescent or equivalent illumination, shall be placed so as not to create a nuisance.
   (d)   The lights shall be so located as to adequately light all portions of the rear yards, side yards, front yards and courts.
   (e)   Lights are not required in an inner court that is accessible only from the interior of the building and to which access is restricted for clean-out purposes.
Subchapter O: Fire-Retarding of Entrance Halls, Stair Halls and Public Halls In Old Law Tenements and Converted Dwellings
§ 25-171 Fire-Retarding of Entrance Halls, Stair Halls and Public Halls in Old Law Tenements and Converted Dwellings.
   (a)   Intent. The fire-retarding rules herewith set forth are approved by the Department of Buildings for old law tenements and converted dwellings where their entrance halls, stair halls and public halls are required, by § 189, subdivisions 1 and 4, § 238, subdivision 4, and § 218, subdivisions 5 and 6, Multiple Dwelling Law, and § 27-2044, Housing Maintenance Code, to be fire-retarded in a manner approved by the Department of Buildings.
      (1)   All entrance halls, stair halls and public halls, including service halls and stairs, shall be fire-retarded to the extent required by the Multiple Dwelling Law and the Multiple Dwelling Code and the Housing Maintenance Code.
      (2)   It is the intent that all wood structural members of partitions, ceilings and stair soffits shall be completely protected with fire-retarding materials where they may be exposed to fire in entrance, stair and public halls. To this extent these rules and regulations cover only general conditions and are not designed to cover specific or special cases. Where such may occur the owner is required to consult the Department of Buildings and receive instructions before work is started.
      (3)   Where existing dumbwaiter shafts are located in, or open on public halls which are required to be fire-retarded, such dumbwaiter shafts, when not constructed of fireproof or fire-retarding materials, shall be fire-retarded on the inner side, from the lowest story to the roof inclusive, in accordance with the requirements of paragraph (1) of subdivision (b) of this section or paragraph (2) of subdivision (b) of this section, except in cellar where such shafts shall be enclosed with fireproof materials. All doors opening from such dumbwaiter shafts shall be self-closing, and doors and assemblies when of wood or other non-fireproof construction shall be lined on both sides with No. 26 U.S. gauge metal, except in cellar where doors and assemblies shall have a fire-resistive of at least one (1) hour.
      (4)   It is not intended that these rules and regulations in themselves require plans to be filed. However, should any work involve structural changes, then plans are required to be filed in the Department of Buildings and such changes shall be subject to all other Rules and Regulations applicable thereto.
      (5)   Work shall not commence until satisfactory evidence has been submitted to the Department of Buildings that compensation insurance has been obtained in accordance with the provisions of the Workmen's Compensation Law. It is the intent of 238, subdivision 4, Multiple Dwelling Law, that every entrance hall, public hall and stair hall in every old law tenement four stories or more in height shall be fire-retarded. Every old law tenement three stories and a basement, or three stories, basement and cellar in height shall be deemed to be four stories in height when the main entrance from the grade is to the basement, and every entrance hall, public hall and stair hall in such building shall be fire-retarded. In old law tenements where the entrance halls, public halls and stair halls are required to be fire-retarded, existing wood stairs shall be fire-retarded in conformity with the requirements of these rules and regulations, whether or not such halls had been fire-retarded in accordance with plans filed with and approved by the former Tenement House Department or Department of Buildings, prior to the enactment of subdivision 4 of § 238 of the Multiple Dwelling Law.
   (b)   Partitions. All existing partitions separating from entrance halls, stair halls and public halls, or otherwise forming enclosing partitions of entrance halls, stair halls and public halls, shall be fire-retarded by any one of the following methods:
      (1)   Metal lath and cement of gypsum mortar. Completely remove all existing materials to face of studs or other structural members on hall side of partitions and recover with metal lath and two coats of cement of gypsum mortar. If cement mortar is used it shall be three-quarters inch (3/4") thick, if gypsum mortar is used it shall be one inch (1") thick. The second coat of mortar shall not be applied until the first coat has thoroughly set and in no case shall the second coat be applied on the same day that the first coat of mortar is applied. In lieu of the above method, completely remove all combustible materials from plaster face of partitions on hall side and repair existing plaster. After inspection, cover existing plaster with herringbone or similar approved type metal lath with rigid rib reinforcement to provide good bond between new and existing plaster. Cover lath with two coats (scratch and brown) of cement of gypsum mortar as above. The first coat of cement mortar (scratch) shall be composed of one (1) part of Portland cement to one and one-half (1 1/2) parts of sand, with an additional volume of hydrated lime not greater than ten (10) percent of the volume of Portland cement. The second coat (brown) shall be composed of one (1) part of Portland cement to three parts (3) of sand, with an additional volume of hydrated lime not greater than ten (10) percent of the volume of Portland cement. The first coat (scratch) of gypsum mortar shall be composed of one (1) part of gypsum to one (1) part of sand. The second coat (brown) of gypsum mortar shall be composed of one (1) part of gypsum to one and one-half (1 1/2) parts of sand.
      (2)   Plaster boards and gypsum mortar or stamped metal. Completely remove all existing materials to face of studs or other structural members on hall side of partitions and recover with plaster boards or perforated rock lath three-eights inch (3/8") thick, covered with two coats of gypsum mortar (scratch and brown) so that the aggregate thickness shall be at least one inch (1"), or in lieu thereof, recover same with plaster boards one-half inch (1/2") thick, covered with No. 26 U.S. gauge stamped metal. In lieu of the above method, completely remove all combustible material from plaster face of partitions on hall side and repair existing plaster. After inspection, plaster boards or perforated rock lath may be applied directly over the existing plaster face of partitions on hall side. Cover plaster boards or perforated rock lath with two coats of gypsum mortar as above, or plaster boards may be covered with No. 26 U.S. gauge stamped metal.
      (3)   Mineral wool. Fill solidly between partition uprights, from underside of flooring to ceiling with mineral wool blown in place by the pneumatic method, packed solidly to fill all spaces and voids.
      (4)   Brick, gypsum, etc. Fill solidly between partition uprights from underside of flooring to ceiling with brick, gypsum, or other acceptable material packed solidly to fill all spaces and voids. Where brick, gypsum, or other masonry material is intended to be used, application must be filed before installation with the Department of Buildings for approval of strength of existing members intended to support the proposed masonry fire-retarding.
      (5)   Other methods. No other method may be used unless same is acceptable to the Department of Buildings.
      (6)   Removal of windows in public hall partitions. When windows in walls or partitions are removed, both sides of the openings shall be sealed with fire-retarding materials, except that wood lath and plaster may be used on the room side of the opening when the existing surface of the room is constructed of wood lath and plaster.
      (7)   Electric meters. Where direct current (DC) electric meters of public utility companies are present or installed on partitions of public halls the fire-retarding shall continue unbroken behind the meters or the meters shall be mounted on a heavy slate back or non-magnetic fireproof equivalent, such as transite, asbestos board, etc., against which fire-retarding finished up tightly.
      (8)   Partitions in class B converted dwellings. Where fire-retarding is required in any class B converted dwelling referred to in paragraph (7) of subdivision (a) of this section, both sides of all enclosure partitions of entrance halls, stair halls and public halls throughout such building shall be fire-retarded in accordance with the provisions of paragraph (3) or (4) of subdivision (b) of this section.
      (9)   Partitions in altered old law tenements. In any old law tenement where the occupancy is increased on any story, the enclosing partitions of any entrance hall, stair hall or public hall on the story where the occupancy has been increased, shall be fire-retarded on both sides. Such requirements shall apply only to the walls of the entrance hall, stair hall or public hall adjoining the altered apartment. The enclosing partitions of such halls other than those adjoining the altered apartment, and the partitions on any story where the occupancy has not been increased, shall be fire-retarded on the hall side. The method of fire-retarding shall be as set forth in paragraph (1) or (2) of subdivision (b) of this section, or said partitions shall be fire-retarded in accordance with the provisions of paragraph (3) or (4) of subdivision (b) of this section.
      (10)   Newly constructed partitions. In any entrance hall, stair hall or public hall where any partition or part thereof is newly constructed, and where the plaster has been removed from any partition or part thereof, such partition shall be fire-retarded on both sides.
   (c)   Ceilings. Any approved method for fire-retarding partitions shall be acceptable for fire-retarding ceilings, provided that all existing materials are completely removed to face of joists. Mineral wool, brick gypsum or other masonry fill will not be accepted.
      (1)   Where any entrance hall, public hall or stair hall, or any other portion thereof, in any part of any old law tenement or converted dwelling is required to be fire-retarded that portion of any ceiling directly underneath any such entrance hall, public hall or stair hall shall be fire-retarded. Where such ceiling is located in any store, apartment or other space it shall also be fire-retarded as required for partitions by paragraph (1) or (2) of subdivision (b) of this section. Where the above method is impractical due to the existing ceiling construction in any such store, apartment or other space, the Department of Buildings may permit the fire-retarding of such ceilings to be applied from above by removing the floor of any such entrance hall, public hall or stair hall and installing between the floor beams, and directly against the ceiling below, a layer of heavy building paper over which there shall be placed a basket made of reinforced ribbed expanded metal lath weighing at least 3.4 pounds per square yard. Such basket shall be lined with Portland cement or gypsum mortar not less than one inch (1") in thickness. The building paper, metal lath and cement or gypsum mortar shall be carried at least halfway up on the sides of the beams. However, this method will not be accepted for the fire-retarding of any such ceiling located in a space used for a hazardous purpose or business, nor will it be accepted for the fire-retarding of any such ceiling located in the cellar or for the fire-retarding of any ceiling located in any store, apartment or other space when such ceiling is constructed of wood or of wood and metal applied directly to the beams. In such cases the ceilings shall be fire-retarded according to the requirements of paragraph (1) or (2) of subdivision (b) of this section.
   (d)   Existing wood stairs. Except where stairs of incombustible material are required in class B converted dwellings as set forth in paragraph (7) of subdivision (a) of this section, all wood railings, balustrades and newel posts shall be completely removed from every existing wood stairs and such stairs shall be provided with railings, balustrades and newel posts of metal or other hard incombustible material, of such size are secured in such manner to the existing stairs as may be approved by the Department of Buildings, except handrails may be hardwood. Soffits and stringers of existing wood stairs shall be fire-retarded in accordance with the methods set forth in subdivisions (e) and (f) of this section.
   (e)   Stair soffits. The soffits of every stair in every entrance hall, public hall, and stair hall, including any soffit extending beyond the enclosure partitions of any such hall, shall be fire-retarded. Any approved method for fire-retarding partitions shall be acceptable for fire-retarding stair soffits provided that all existing materials are completely removed to face of structural members of stair soffits.
   (f)   Fascia – stair and well. Fascia of outside stringer on rake of stairs, and well fascia at floor level, shall be fire-retarded their full depth to form complete seals with the soffits of stairs and ceilings of halls, respectively. Type of fire-retarding shall be one of those herein approved for ceilings of halls, or in lieu thereof, cover fascia with sheet asbestos not less than three-sixteenths inch (3/16") thick with joints well pointed over which there shall be an additional single layer of No. 26 U.S. gauge stamped metal or cover fascia with a single layer of No. 14 U.S. gauge steel.
   (g)   Fire-stopping. All partitions required to be fire-retarded shall be fire-stopped with incombustible material at floors, ceilings and roofs. Fire-stopping over partitions shall extend from the ceilings to the underside of the flooring or roofing above. Fire-stopping under partitions shall extend from the underside of flooring to ceiling below. All spaces between floor joints (directly over and under partitions) shall be completely filled the full depth of the joists. Any space from top of partition to underside of roof boarding shall be completely fire-stopped. Fire-stopping shall be done with brick, cinder concrete, gypsum, metal lath and Portland cement or gypsum mortar, mineral wool, or other materials acceptable to the Department of Buildings.
   (h)   Door openings. Except as provided in paragraphs (1) and (2) of this subdivision, all door openings into any public hall, entrance hall or stair hall which required to be fire-retarded shall be equipped with self-closing protective assemblies having a fire resistive rating of at least one hour.
      (1)   In old law tenements where the number of apartments is not being increased, existing wood doors opening into public halls, entrance halls or stair halls may remain provided such doors are made to be self-closing ("butterfly" spring hinges are not acceptable) and, provided further, all glazed transoms and panels in every such door are glazed with wire glass. All such transoms shall be made stationary.
      (2)   Where, in any old law tenement, the number of apartments is being increased on one or more stories, door openings into public halls, entrance halls or stair halls on each story or stories shall be equipped with self-closing protective assemblies having a fire-resistive rating of at least one hour. In such old law tenements existing wood doors opening into public halls, entrance halls or stair halls may remain on any story where there is no increase in the number of apartments, provided such doors and every transom and panel in same are made to conform to the requirements set forth in paragraph (1) of subdivision (h) of this section.
      (3)   All doors shall be properly fitted to their assemblies and there shall be no unnecessary spaces between doors and door bucks or saddles.
   (i)   Materials. All materials used in the process of fire-retarding shall be of a type and manufacture acceptable to the Department of Buildings. The following shall be considered as minimum requirements:
      (1)   Metal lath. Metal lath shall weigh at least 30 pounds per square yard, except lath used over existing plaster which lath shall weigh at least 3.4 pounds per square yard and be reinforced with rigid ribs not less than three eights inch (3/8") deep, spaced not more than eight (8") on center running full length of sheets. Where ribs exceed 4.8 inches on center, same shall have at least one intermediate one eight inch (1/8") inverted rib running the full length of sheets. Metal lath fastened to stubs shall be attached at least at six inch (6") intervals with 4-penny nails or one inch (1") roofing nails or No. 14 steel wire gauge wire staples, and to wood joists by at least 6-penny nails, one and one-quarter inch (1 1/4") roofing nails, or one inch (1") No. 14 steel wire gauge wire staples. When metal lath is applied over existing plastered surfaces, same shall be fastened with nails or staples of the same gauge and such nails or staples have anchorage of at least one-half inch (1/2")in studs and three-quarters inch (3/4") in joists. Laps between the studs or joists shall be securely tied or laced. Stiffened metal lath on wood studs, or joists, shall be nailed or stapled at least at eight inch (8") intervals, and the laps between studs similarly tied or laced. Metal lath shall be galvanized or painted.
      (2)   Plaster boards or perforated rock lath. Plaster boards or perforated rock lath shall be of type and manufacture acceptable to the Department of Buildings. Each board shall bear the name of manufacturer and brand stamped thereon for inspection after erection. Plaster boards or perforated rock lath nailed directly to wood studding or joists shall be fastened with one and one-eighth inches (1 1/8") wire nails of at least No. 13 steel wire gauge, with flat three-eighth inch (3/8") heads. When such boards are applied over existing plastered surfaces, same shall be fastened with nails of the same gauge and such nails shall have anchorage of at least one-half inch (1/2") in studs and three-quarters inch (3/4") in joists. The maximum space between nails shall be four inches (4"). The joints shall be broken at every other board. The wetting of such boards before plastering is forbidden.
      (3)   Stamped metal. Stamped metal shall be No. 26 U.S. gauge (equivalent thickness .018 inches or 3/160 inches) with one inch (1") lapped seams. Size of sheets shall be not more than twenty-four inches by ninety-six inches (24" x 96"), having a selvage consisting of a half-round bead sufficient to create a one inch (1") overlap at both seams. Nailing shall be secured direct to studs or joists with 6-penny smooth box nails (two inches (2") or No. 12 1/2" gauge) with nails on end seams spaced not more than three inches (3")apart. Nailing to plaster is forbidden and in all cases nails shall have anchorage of at least one-half inch (1/2") in studs and three-quarters inch (3/4") in joists. All beads at seam shall be chisel sealed, making a tight joint. All sheets shall be marked "26 U.S. Gauge" for identification and inspection after erection.
      (4)   Mineral wool. Mineral wool shall be of a type and manufacture acceptable to the Department of Buildings. Holes shall be cut approximately three inches (3") in diameter through the wood lath and plaster near the ceiling, in the panels between each two adjacent studs. As an alternative, holes may be cut approximately three inches by six inches (3" x 6") on every second stud. Check each stud panel with a weight and line to find out whether there is any obstruction. If any cross-bridging or other obstruction is encountered additional holes shall be cut until access has been gained to all open spaces within the stud panel in all specified partitions. Mineral wool shall then be blown into all spaces by the pneumatic method with air pressure sufficient to pack the insulation to a density acceptable to the Department of Buildings. Mineral wool for this work shall be in bags or containers marked with the manufacturer's name and label specifying its type.
      (5)   Other materials. No other material may be used unless same is acceptable to the Department of Buildings.
   (j)   Exceptions. Where any portion of any entrance hall, stair hall or public hall has been previously fire-retarded under the supervision of this department, the former Tenement House Department or various former Departments of Buildings, such fire-retarding will be accepted only to the extent that same has been previously approved, provided, however, that such entrance hall, stair hall or public hall is otherwise made to conform to all the requirements set forth in these rules.
§ 25-172 Fire-Retarding of Cellar Ceilings in Old Law Tenements and Converted Dwellings.
   (a)   Intent. The fire-retarding rules herewith set forth are approved by the Department of Buildings for the existing multiple dwellings where the ceilings of the cellar or other lowest story is required, by § 185 and § 240, subdivision 3, Multiple Dwelling Law, and by § 27-2044, Housing Maintenance Code, to be fire-retarded in a manner approved by the Department of Buildings.
      (1)   It is the intent of the law to provide a continuous fire-retarded covering over the entire ceiling of the cellar, or other lowest story, so as to prevent fire communicating with upper stories of a multiple dwelling. Where there is a space less than four feet six inches (4'-6") in height from the ground or floor level to the underside of the first tier of beams, such space shall be considered as an "air space" and not as a cellar. However, when such space opens to a cellar where fire-retarding of the ceiling is required, then such space shall be separated from the cellar with a partition constructed of incombustible material in which there is provided a self-closing door and assembly having a fire-resistive rating of at least one hour. Where the ceiling of the cellar or other lowest story is required to be fire-retarded, all openings in such ceilings for stairways not located directly under a main stair, also openings in ceiling such as pipe shafts, vent shafts, unenclosed dumbwaiter shafts, disused flues, etc., shall be properly closed. (Private stairs within duplex apartments extending into cellar or basement are not required to be enclosed.) New partitions erected to enclose existing stair referred to in the preceding paragraph shall be of incombustible materials. Existing partitions enclosing any such stair will be acceptable where same are of incombustible materials or where same are fire-retarded on both sides in accordance with the methods set forth in or 28 RCNY § 25-171(b)(1) or (2) and with materials conforming with the requirement of 28 RCNY § 25-171(i). Door openings in such enclosure partitions shall be equipped with self-closing protective assemblies having fire-resistive ratings of at least one hour. When existing shafts, including dumbwaiter shafts, extend below the ceiling a distance less than one-half (1/2) the height of the cellar, such shafts shall be considered as being part of the cellar ceiling and the enclosures of said shafts shall be fire-retarded in the same manner as required for cellar ceilings. All existing shafts, including dumbwaiter shafts, which extend below the ceiling a distance more than one-half (1/2) the height of the cellar shall be enclosed with incombustible materials. All shafts referred to in this paragraph shall have adequate cleanout at base consisting of fire-proof self-closing door and assembly having a fire-resistive rating of at least one hour. Where new partitions or enclosures are erected in a cellar they shall be constructed of incombustible materials.
      (2)   Wood girders, columns, posts, etc. The fire-retarding material of ceiling of cellar or other lowest story shall be carried down and around all non-fireproof ceiling projections, such as wood girders, etc., which are less than six inches (6" x 6") in diameter. The fire-retarding material also shall be turned down at least three inches (3") on all non-fire-retarding columns, posts, etc., which are less than six inches (6") in diameter.
      (3)   Non-fire-retarded cellar partitions. When non-fire-retarded partitions in cellar, or other lowest story, extend to the ceiling, the fire-retarding material of the ceiling shall be turned down at least three inches (3") on said partitions, or the partitions shall be cut off at top to permit the fire-retarding of the ceiling to be continuous. Where, in any old law tenement three (3) stories and basement in height, there is also a cellar under the basement story, the ceiling of such cellar shall be fire-retarded; and also, in any such old law tenement, where the main entrance from the grade is to the first story that portion of the basement ceiling which is directly under the first story entrance hall, public hall and stair hall shall be fire-retarded. In every old law tenement three (3) stories and basement in height with no cellar under the basement, where the main entrance from the grade is to the basement story, the ceiling of the basement story shall be fire-retarded throughout. In any such old law tenement where the main entrance from the grade is to the first story no such fire-retarding will be required.
      (4)   Heating appliances. The portion of the ceiling over any furnace, boiler or hot water heater shall be fire-retarded in accordance with the methods set forth in 28 RCNY § 25-171(b)(1) or (2) and such fire-retarding shall extend for a distance of at least four feet (4'-0") beyond the sides and rear, and eight feet (8'-0") in front of such furnace or boiler.
      (5)   It is not intended that these rules and regulations in themselves require plans to be filed. However, should any work involve structural changes, then plans are required to be filed in the Department of Buildings and such changes shall be subject to all other rules and regulations applicable thereto.
      (6)   Work shall not commence until satisfactory evidence has been submitted to the Department of Buildings that compensation insurance has been obtained in accordance with the provisions of the Workmen's Compensation Law.
   (b)   Methods. Cellar ceilings shall be fire-retarded according to any of the following methods: Metal lath and cement or gypsum mortar conforming to 28 RCNY § 25-171(b)(1). Plaster boards and gypsum mortar or stamped metal conforming to 28 RCNY § 25-171(b)(2).
   No.   26 U.S. gauge stamped metal over existing plastered ceiling, when erected without damage to the plaster. Furring strips are not required, but if used, they shall be metal covered on both sides and on face surface. Stamped metal shall not be applied until after existing plastered ceiling has been inspected and approved by an inspector of the Department of Buildings.
   (c)   Materials. No other method may be used unless same are acceptable to the Department of Buildings. Materials used shall be in accordance with the provisions of 28 RCNY § 25-171(i)(1), (2) or (3). Mineral wool, brick, gypsum or other masonry fill will not be accepted for fire-retarding cellar ceilings. No other materials may be used unless same are acceptable to the Department of Buildings.
§ 25-173 Fire-Retarding of Cooking Spaces in all Multiple Dwellings.
   (a)   Intent. The rules herewith set forth are approved by the Department of Buildings for the protection of cooking spaces under §§ 33 and 176 of the Multiple Dwelling Law. As set forth in § 33 of the Multiple Dwelling Law, nothing in these rules shall be construed as permitting fire-retarding partitions in fireproof multiple dwellings.
   (b)   Section 33, Multiple Dwelling Law. Except when sprinkler heads are installed in conformity with subdivision (e) of this section, § 33 of the Multiple Dwelling Law requires fire-retarding of cooking spaces in existing and newly constructed class A and class B multiple dwellings.
   (c)   Ceilings and walls exclusive of doors. Walls and ceilings shall be fire-retarded according to any of the following methods: Metal lath and cement or gypsum mortar conforming to 28 RCNY § 25-171(b)(1). Plaster boards and gypsum mortar or stamped metal conforming to 28 RCNY § 25-171(b)(2).
   No.   26 U.S. gauge stamped metal over existing plaster when erected without damage to the plaster. Furring strips are not required, but if used, they shall be metal covered on both sides and on face surface. Stamped metal shall not be applied until after existing plaster has been inspected and approved by an inspector of the Department of Buildings. Materials used shall be in accordance with the provisions of 28 RCNY § 25-171(i)(1), (2) or (3). No other methods or materials may be used unless same are acceptable to the Department of Buildings.
   (d)   Combustible material. In every cooking space, all combustible material immediately underneath or within one foot of any apparatus used for cooking or warming of food shall be fire-retarded in conformity with the applicable provisions of these rules or covered with asbestos at least three-sixteenths inch (3/16") in thickness and twenty-six gauge metal or with fire-resistive material of equivalent rating. There shall always be at least two feet (2'-0") of clear space above such apparatus.
   (e)   Sprinkler heads installed in ceilings of cooking spaces in lieu of fire-retarding the ceilings and walls. Where sprinkler heads are installed in the ceilings of cooking spaces in lieu of fire-retarding the ceilings and walls, all of the provisions of subdivisions (a) to (f) of this section inclusive, shall be complied with, except that it will not be required that the fire-retarding of the walls and ceilings of cooking spaces be complied with. Before the installation of sprinkler heads is begun a "Plumbing Repair Slip" shall be filed with and approved by the Department of Buildings. Sprinkler heads shall be of a type and manufacture approved by the Department of Buildings or previously approved by the Board of Standards and Appeals or by the Underwriters Laboratories Limited, and shall have fusible struts constructed to fuse at a temperature not higher than two hundred twelve degrees (212°) Fahrenheit. Every sprinkler head shall bear the year of manufacture clearly on its surface. No sprinkler head may be installed after December 31st of the year following the year of manufacture. There shall be provided at least one (1) sprinkler head for every fifty-nine (59) square feet or fraction thereof of the floor area of the cooking space. Sprinkler heads shall be connected with the water supply of the building through a pipe of at least one-half (1/2) inch inside diameter. Where practicable, sprinkler heads shall be located in an upright position on top of the sprinkler piping. There shall be kept available on the premises at all times a sufficient supply of extra sprinkler heads and also a sprinkler wrench for use to replace promptly any fused or damaged sprinkler heads. Any head which has opened or has been damaged shall be replaced immediately with a good sprinkler head. Painting or kalsomining of sprinkler heads is prohibited.
   (f)   Cooking spaces constructed after July 1, 1949. Application and plans must be filed with and approved by the Department before any work is started in connection with the construction of any cooking space after July 1, 1949.
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