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A11136 Summary:

BILL NOA11136
 
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MLTSPNSR
 
Amd §§27-2004, 406.2.4, 406.2.5, 505.3, 505.3.1, 505.3.2 & 505.4.2, add §27-2079.1, Title 28 Chap 7 Art 701 Appendix T, NYC Ad Cd
 
Creates shared housing rooming units in new class A multiple dwellings or buildings converted to class A multiple dwellings; creates new regulations in the New York city building codes.
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A11136 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11136
 
                   IN ASSEMBLY
 
                                     April 24, 2026
                                       ___________
 
        Introduced by M. of A. POWERS -- read once and referred to the Committee
          on Housing
 
        AN  ACT to amend the administrative code of the city of New York and the
          New York city fire code, in relation to creating shared housing  room-
          ing in new class A multiple dwellings or building converted to class A
          multiple dwellings

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision a of section 27-2004 of the administrative code
     2  of the city of New York is amended by adding three new paragraphs  14-a,
     3  15-a and 15-b to read as follows:
     4    14-a.  The  term  "shared housing suite" means a set of rooms within a
     5  class A multiple dwelling, separated from other rooms in such  dwelling,
     6  that  (i) consists of at least two rooming units and bathroom facilities
     7  for the exclusive use of the occupants of such rooming  units  and  (ii)
     8  was created pursuant to section 27-2079.1 of this chapter.
     9    15-a. The term "shared housing rooming unit" means a rooming unit in a
    10  shared housing suite.
    11    15-b.  The  term "shared housing dwelling" shall have the same meaning
    12  as such term is defined in section T201.1.2 of appendix  T  of  the  New
    13  York city building code.
    14    §  2.  The  administrative  code of the city of New York is amended by
    15  adding a new section 27-2079.1 to read as follows:
    16    § 27-2079.1 Shared housing rooming units. a. Notwithstanding  subdivi-
    17  sion  a  of section 27-2077 of this article, on and after January first,
    18  two thousand twenty-seven, shared housing rooming units may  be  created
    19  within  a  new  class A multiple dwelling or within an existing building
    20  converted to a class A multiple dwelling.
    21    b. Shared housing rooming units and shared housing suites shall:
    22    1. comply with appendix T of the New York city building code;
    23    2. notwithstanding subdivision b of section 27-2076 of this article, a
    24  child under the age of sixteen years may occupy a shared housing rooming
    25  unit;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15574-01-6

        A. 11136                            2
 
     1    3. not be occupied by more than two individuals, except that  a  child
     2  born to, adopted, or fostered by an occupant of a shared housing rooming
     3  unit  is not considered an occupant of a shared housing rooming unit for
     4  purposes of this paragraph until one year after the birth, adoption,  or
     5  fostering of such child;
     6    4.  not  be  constructed  in  a frame multiple dwelling, as defined in
     7  subdivision twenty-eight of section 4 of the multiple dwelling law;
     8    5. subject to rules that may be established  by  the  department  that
     9  require  the  owner  of  a shared housing dwelling to clean and maintain
    10  shared housing suites so as to ensure proper cleanliness, and such rules
    11  may supersede or alter the requirements of section 27-2012 of this chap-
    12  ter;
    13    6. notwithstanding section 27-2051 of this chapter, a manager  is  not
    14  required  to  reside  in a shared housing dwelling if the owner provides
    15  management services for the shared housing  dwelling  on  a  twenty-four
    16  hour basis in accordance with rules established by the department;
    17    7.  notwithstanding paragraph 2 of subdivision a of section 27-2075 of
    18  this article, a shared housing rooming unit occupied by  one  individual
    19  shall  have a minimum floor area of one hundred square feet and a shared
    20  housing unit occupied by two individuals shall have a minimum floor area
    21  of one hundred fifty square feet;
    22    8. include kitchen facilities for the exclusive use of  the  occupants
    23  of  the  shared  housing  suite unless kitchen facilities for the use of
    24  such occupants are provided elsewhere in the shared housing dwelling;
    25    9. have no movable cooking apparatus  or  movable  heating  apparatus,
    26  except  that  the  department  may  adopt rules authorizing the use of a
    27  specified apparatus where the department, in consultation with the  fire
    28  department,  determines  that  such  apparatus  does  not  create a fire
    29  hazard; and
    30    10. in accordance with subdivision f of section 26-3102 of this title,
    31  no short-term rental registration shall be issued for a  shared  housing
    32  rooming unit.
    33    c.  This  section  shall  not  apply to rooming units created prior to
    34  January first, two thousand twenty-seven or pursuant to section  27-2077
    35  of this article.
    36    §  3.  Article 701 of chapter 7 of title 28 of the administrative code
    37  of the city of New York is amended by adding new appendix T to  read  as
    38  follows:
    39                                 APPENDIX T
    40                           SHARED HOUSING PROGRAM
    41                               SECTION BC T101
    42                                   GENERAL
    43    T101.1  Scope.  Except  as  modified by the express provisions of this
    44  appendix, shared housing dwellings shall be  constructed  in  accordance
    45  with  all  applicable  requirements  in  the  New York city construction
    46  codes.  Each shared housing rooming unit  shall  be  considered  as  one
    47  dwelling  unit  except as otherwise stated in this appendix. On or after
    48  January first, two thousand twenty-seven, no room in any multiple dwell-
    49  ing shall be used as a shared housing  rooming  unit  unless  such  room
    50  complies with this appendix and the New York city construction codes.
    51    T101.1.1  Locations  of shared housing rooming units within the build-
    52  ing.  Where one or more shared housing rooming units are provided on any
    53  floor, the residential portion of the  entire  floor  of  such  building
    54  shall be designated as group R-2 shared housing dwelling. Dwelling units
    55  that  are not shared housing rooming units shall not be permitted on the
    56  same floor as a shared housing rooming unit.

        A. 11136                            3
 
     1    T101.1.2 Existing buildings. Where permitted by Section  27-2079.1  of
     2  the New York city housing maintenance code, the creation of shared hous-
     3  ing rooming units in an existing building shall comply with all applica-
     4  ble provisions of this appendix and:
     5    1.  a  building  or  portion  of  a building converted or altered to a
     6  shared housing dwelling shall be subject to all provisions of the multi-
     7  ple dwelling law applicable to a class A multiple dwelling erected on or
     8  after December sixth, nineteen hundred sixty-nine;
     9    2. a fire escape or exterior screened stairway, as defined in  section
    10  268  of  the  labor  law,  is not a means of egress for a shared housing
    11  dwelling;
    12    3. no building  or  portion  of  the  building  shall  be  altered  or
    13  converted  to  a  shared housing dwelling unless the number of exits and
    14  the capacity of existing means of egress comply with chapter ten of  the
    15  New York city building code and section T304 of this appendix; and
    16    4.  no  building  shall  be  enlarged  beyond that permitted under the
    17  applicable provisions of chapter five of  the  New  York  city  building
    18  code.
    19    T101.2  Multiple  dwelling  classifications.  Shared housing dwellings
    20  shall be classified as Hereafter Erected Class  A  Multiple  Dwelling  -
    21  Shared Housing (HAEA-SH).
    22    T101.3 Certificate of occupancy. No shared housing rooming units shall
    23  be  used for dwelling purposes without a certificate of occupancy issued
    24  by the commissioner in accordance with section 28-118.6 of the  adminis-
    25  trative  code  of  the  city of New York. In addition to the information
    26  required by section 28-118.6 of the administrative code of the  city  of
    27  New  York,  such certificate of occupancy shall also contain the follow-
    28  ing:
    29    1. the number of shared housing rooming units for the entire  building
    30  and each floor; and
    31    2.   the  following  statement:  "Shared  housing  rooming  units  are
    32  constructed in accordance with 27-2079.1 of the housing maintenance  and
    33  this  appendix,  the occupancy of each shared housing rooming unit shall
    34  not exceed the limit set forth in HMC 27-2079.1.".
    35    T101.4 Identification of shared housing rooming units and shared hous-
    36  ing suites. All shared housing rooming units and shared  housing  suites
    37  shall  be  identified  in  accordance with section 505.3 of the New York
    38  city fire code.
    39                                SECTION BC T201
    40                                 DEFINITIONS
    41    T201.1 Definitions. This section contains terms defined  elsewhere  in
    42  this  code,  and terms with definitions that are specific to this appen-
    43  dix.
    44    T201.1.1 Terms defined elsewhere in this code. The following terms are
    45  defined in Chapter 2:
    46    ACCESSIBLE.
    47    ACCESSIBLE UNIT.
    48    DWELLING.
    49    DWELLING, MULTIPLE.
    50    DWELLING UNIT.
    51    DWELLING UNIT (ACCESSIBILITY).
    52    EXIT.
    53    HABITABLE SPACE.
    54    TYPE B UNIT.
    55    TYPE B+NYC UNIT.

        A. 11136                            4
 
     1    T201.1.2 Definitions specific to this appendix.  The  following  words
     2  and  terms  shall,  for the purposes of this appendix, have the meanings
     3  shown herein:
     4    DWELLING,  SHARED  HOUSING.  A  building  or  a  portion of a building
     5  containing shared housing suites and spaces for shared housing accessory
     6  uses, as such term is defined in the New York city zoning resolution.
     7    ROOMING UNIT, SHARED HOUSING. Shall have the same meaning as such term
     8  is defined in paragraph fifteen-a of subdivision a of section 27-2004 of
     9  the New York city housing maintenance code.
    10    SHARED HOUSING SUITE. Shall have the same  meaning  as  such  term  is
    11  defined  in  paragraph fourteen-a of subdivision a of section 27-2004 of
    12  the New York city housing maintenance code.
    13                                SECTION BC T301
    14                              USE AND OCCUPANCY
    15    T301.1 Occupancy classification. Shared  housing  dwellings  shall  be
    16  classified as Residential Group R-2 occupancy in accordance with section
    17  310.4  of  the New York city building code. Accessory parking facilities
    18  shall be classified as low-hazard storage, Group S-2, in accordance with
    19  section 311.3 of the New York city building code.
    20    Exception: Common spaces classified in accordance with section  T301.2
    21  of this appendix.
    22    T301.2  Common spaces shared by all residential occupants. Interior or
    23  exterior space made for the exclusive use of all the  residential  occu-
    24  pants  of the shared housing dwelling, constructed as occupiable spaces,
    25  such as fitness centers, pools, wellness services, sports  courts,  game
    26  rooms,  outdoor  spaces,  child play spaces, or similar spaces, shall be
    27  classified in accordance with sections 303.1 and 1004.1.1.2 of  the  New
    28  York city building code. Where provided, commercial kitchens constructed
    29  in  accordance  with section T301.5 of this appendix shall be classified
    30  as low-hazard factory industrial, Group  F-2,  occupancy  in  accordance
    31  with section 306.3 of the New York city building code.
    32    T301.3  Minimum cooking facilities. Permanent cooking facilities shall
    33  be provided and maintained in accordance with section 27-2070 of the New
    34  York city housing maintenance code and this section and  constructed  in
    35  accordance with sections T301.4 and T301.5 of this appendix.
    36    1.  A  kitchen  or kitchenette shall be provided for each three shared
    37  housing rooming units and for any remainder of less  than  three  shared
    38  housing rooming units.
    39    2.  At  least  fifty  percent of the required kitchens or kitchenettes
    40  shall be located on the same floor  containing  shared  housing  rooming
    41  units, and the remaining kitchens or kitchenettes may be located no more
    42  than  one story above or below. The path of travel from the shared hous-
    43  ing rooming units to such facilities shall not exceed  the  distance  of
    44  three hundred feet.
    45    3.  Domestic  cooking appliances in shared housing dwellings shall not
    46  be installed or used outside of a kitchen or kitchenette.
    47    T301.4 Kitchen or kitchenette in a shared housing suite. Only domestic
    48  kitchens or kitchenettes may be provided in a shared housing suite. Such
    49  domestic kitchens or kitchenettes shall:
    50    1. only allow the following domestic cooking appliances: ovens,  cook-
    51  tops, ranges, microwaves, and electrical countertop appliances;
    52    2.  kitchens  or  kitchenettes  with  more  than two cooktops shall be
    53  enclosed with one hour fire-partition in accordance with section 708  of
    54  the  New  York city building code and shall be sprinklered in accordance
    55  with section 903 of the New York city building code;

        A. 11136                            5
 
     1    3. cooktops and ranges shall be provided with a domestic cooking  hood
     2  installed and constructed in accordance with section 505 of the New York
     3  city mechanical code;
     4    4. not install cooktops, ranges, and ovens in a shared housing rooming
     5  unit; and
     6    5.  not  allow a toilet room or bathroom open to a kitchen or kitchen-
     7  ette.
     8    T301.5 Kitchens outside of shared housing suites. Kitchens and  kitch-
     9  enettes  provided  outside  of  all shared housing suites and within the
    10  common space constructed in  accordance  with  section  T301.2  of  this
    11  appendix shall comply with one of the following:
    12    1. commercial kitchens that:
    13    (a) are classified as Group F-2 occupancy in accordance with section
    14    306.3 of the New York city building code;
    15    (b) does not exceed two hundred fifty square feet in net floor area;
    16    (c)  has  no  toilet  room  or  bathroom that directly opens into such
    17  kitchen; and
    18    (d) complies with all commercial kitchen requirements in this code; or
    19    2. Domestic kitchens or kitchenettes that:
    20    (a) only allow ovens, cooktops,  ranges,  microwaves,  and  electrical
    21  countertop appliances;
    22    (b) do not allow open top broilers or fryers;
    23    (c)  have  electric  or  gas  connections and nameplate ratings not to
    24  exceed ten kilowatts for electric appliances  or  seventy-five  thousand
    25  British   thermal   units  per  hour  for  gas  appliances.  Branch  gas
    26  connections shall not be larger than three-quarter inches;
    27    (d) with more than two cooktops shall be enclosed with one hour  fire-
    28  partition  in  accordance with section 708 of the New York city building
    29  code and shall be sprinklered in accordance with section 903 of the  New
    30  York city building code;
    31    (e)  cooktops  and ranges shall have a domestic cooking hood installed
    32  and constructed in accordance with section 505  of  the  New  York  city
    33  mechanical code;
    34    (f)  cooktops  and ranges shall be protected with same requirements of
    35  an I-2 occupancy  in  accordance  with  sections  904.13,  904.13.1  and
    36  904.13.2 of the New York city building code; and
    37    (g)  has  no  toilet  room  or  bathroom that directly opens into such
    38  kitchen or kitchenette.
    39                                SECTION BC T302
    40                     FIRE AND SMOKE PROTECTION FEATURES
    41    T302.1 General. A shared housing dwelling shall  comply  with  chapter
    42  seven  of  the  New  York  city  building  code,  except as set forth in
    43  sections T302.2 and T302.3 of this appendix.
    44    T302.2 Vertical  opening  within  individual  shared  housing  suites.
    45  Notwithstanding  section  712.1.2  of  the  New York city building code,
    46  unconcealed vertical openings totally within  a  shared  housing  suite,
    47  connecting two stories or less, shall be permitted.
    48    T302.3  Separation of different tenancies. For the purpose of applying
    49  section 510.10 of the New York city building code, each  shared  housing
    50  rooming  unit and each shared housing suite shall be deemed to be dwell-
    51  ing units occupied by different tenants.
    52                                SECTION BC T303
    53                           FIRE PROTECTION SYSTEMS
    54    T303.1 General. A shared housing dwelling shall  comply  with  chapter
    55  nine of the New York city building code, except as set forth in sections
    56  T303.2 through T303.4 of this appendix.

        A. 11136                            6
 
     1    T303.2  Sprinkler  system.  All  shared  housing  dwellings  shall  be
     2  equipped throughout with an automatic  sprinkler  system  in  accordance
     3  with section 903 of the New York city building code.
     4    T303.3  Fire  alarm  and  detection  systems. Group R-2 shared housing
     5  dwellings shall be equipped with fire alarm  and  detection  systems  in
     6  accordance  with  section  907.2.8  of  the New York city building code,
     7  including all requirements contained in section  907.2.8.4  of  the  New
     8  York  city  building code. Section 907.2.9 of the New York city building
     9  code shall not be applicable to shared housing dwellings.
    10    T303.4 Carbon monoxide detection. Group R-2 shared  housing  dwellings
    11  shall  be  provided  with  listed  carbon monoxide alarm or detectors in
    12  accordance with item one of section 915.1.1 of the New York city  build-
    13  ing code.
    14    T303.5  Interconnection  of alarms and detection systems. All fire and
    15  carbon monoxide alarms and detection  systems  within  the  same  shared
    16  housing  suite  shall  be interconnected in such a manner that the acti-
    17  vation of one alarm or detector will  activate  all  of  the  alarms  or
    18  detectors located within such suite.
    19                                SECTION BC T304
    20                               MEANS OF EGRESS
    21    T304.1  General.  A  shared housing dwelling shall comply with chapter
    22  ten of the New York city building code, except as set forth in  sections
    23  T304.2 through T304.10 of this appendix.
    24    T304.2  Occupant load factor. Notwithstanding the occupant load factor
    25  for residential units and space in table 1004.1.3 of the New  York  city
    26  building  code,  the  maximum  floor allowances per occupant of a shared
    27  housing dwelling shall be computed at the rate of one occupant per  unit
    28  of area in accordance with table T304.2 of this appendix.
    29                                 TABLE T304.2
    30        MAXIMUM FLOOR AREA ALLOWANCES PER OCCUPANT OF SHARED HOUSING
    31                                  DWELLING
    32  FUNCTION OF SPACE                                      OCCUPANT
    33                                                         LOAD
    34                                                         FACTOR {a}
    35  Residential                                            _
    36  Within shared housing rooming units                    50 net
    37  Within shared housing suites but                       30 net
    38  outside all the shared housing rooming units
    39  Outdoor accessory common area, including yards,        200 gross {b,c,d}
    40  courts, rooftops and terraces or similar
    41  Indoor accessory common area shared by all residents   15 net
    42  of the shared housing dwelling (concentrated) {e}
    43  Indoor accessory common area shared by all residents   50 net
    44  of the shared housing dwelling (unconcentrated) {e}
 
    45    For SI: 1 square foot = 0.0929 m{2}, 1 foot = 304.8 mm.
    46    a. Floor area in square feet per occupant.
    47    b.  For  the purposes of occupant load calculation, permanent fixtures
    48  and amenities such as  shrubs,  decorative  pools,  non-walkable  paving
    49  surfaces, etc. may be deducted from the total floor area.
    50    c.  A rooftop or terrace in Group R-2 occupancies that is provided for
    51  the incidental, recreational use by the residential tenants residing  in
    52  the same residential building.
    53    d.  Where  the maximum occupant load of the rooftop or terrace exceeds
    54  seventy-four persons based on occupant load  calculations,  a  place  of
    55  assembly  certificate  of  operation  is  required  pursuant  to section

        A. 11136                            7

     1  28-117.1 of the administrative code of the city of New York and item one
     2  of section 303.7 of the New York city building code.
     3    e.  To  be  used  only  when the occupant load for the function of the
     4  space is not listed elsewhere in table 1004.1.3 of  the  New  York  city
     5  building code.
     6    T304.3  Number  of  exits.  Each  shared housing rooming unit shall be
     7  provided with exit access to a minimum of two  independent  exits.  Such
     8  exits  shall  be located in accordance with section 1007 of the New York
     9  city building code.
    10    T304.4 Exit access. Each habitable room shall be provided with  access
    11  to  each  required  means of egress without passing through any sleeping
    12  rooms, toilet rooms or bathrooms. Where such access to a required  means
    13  of  egress is provided through a room, such access to such room shall be
    14  through a clear opening at least thirty inches wide extending from floor
    15  to ceiling and such opening shall not be equipped with any door or  door
    16  frame,  or  with any device by means of which the opening may be closed,
    17  concealed or obstructed.
    18    T304.5 Intervening public hall. Notwithstanding section 1016.3 of  the
    19  New  York city building code, shared housing dwellings shall comply with
    20  the following requirements:
    21    1. In all shared housing dwellings, the door of  each  shared  housing
    22  rooming  unit and each shared housing suite shall open into an interven-
    23  ing public hall constructed as a  public  corridor  in  accordance  with
    24  section  1020 of the New York city building code. Opening protectives in
    25  accordance with exception three of section 707.6 of the  New  York  city
    26  building code shall not be permitted.
    27    2.  In high-rise buildings subject to section 403 of the New York city
    28  building code, such intervening public hall shall provide access  to  at
    29  least two exits.
    30    Exception:  In  buildings  not  subject to section 403 of the New York
    31  city building code, no intervening public hall shall be  required  where
    32  the  doors  opening  to  the  shared housing rooming units are smoke and
    33  draft controlled doors complying with UL 1784 without artificial  bottom
    34  seals,  in  accordance with sections 716.5 and 716.5.7.3 of the New York
    35  city building code.
    36    T304.6 Exit access stairways. Exception three of section 1019.3 of the
    37  New York city building code shall not be applicable  to  shared  housing
    38  dwellings.  Unenclosed access stairways shall be permitted in accordance
    39  with section T302.2 of this appendix.
    40    T304.7 Exit signs. The door of each  shared  housing  suite  shall  be
    41  provided  with  an  exit sign in accordance with section 1013 of the New
    42  York city building code.
    43    T304.8 Exit stairway access to roof. Regardless of the height  of  the
    44  shared  housing dwelling, at least one exit stairway shall extend to the
    45  roof surface through a stairway bulkhead complying with section  1011.12
    46  of the New York city building code.
    47    T304.9 Doors within a shared housing suite. The door entering a shared
    48  housing  rooming  unit  and  shared  housing  suite shall be provided in
    49  accordance with section 1010 as a Group R-2 dwelling unit.
    50    Exception: A chain guard shall not be installed on the door entering a
    51  shared housing suite.
    52    T304.10 Intercommunication system.  In  a  building  where  the  total
    53  number  of  shared housing rooming units and other dwelling units equals
    54  or exceeds eight, an intercommunication  system  shall  be  provided  in
    55  accordance with section 1010.4.4 of the New York city building code.

        A. 11136                            8
 
     1                                SECTION BC T305
     2                                ACCESSIBILITY
     3    T305.1 General. In addition to the other requirements of chapter elev-
     4  en of the New York city building code, shared housing dwellings shall be
     5  provided  with  accessible  features  in accordance with sections T305.2
     6  through T305.6 of this appendix.
     7    T305.2 Design. Shared housing rooming units which are required  to  be
     8  Accessible  units  or  Type  B+NYC  units  shall  comply with this code,
     9  sections T305.2 through T305.5  of  this  appendix  and  the  applicable
    10  provisions of chapter 10 of ICC A117.1. Shared housing suites containing
    11  shared  housing  rooming  units  that are Type B+NYC units shall further
    12  comply with section 1004 (Type B Units) of  ICC  A117.1,  including  any
    13  modifications made by sections 1107.2.1 through 1107.2.8 of the New York
    14  city  building code. Units required to be Type B+NYC units are permitted
    15  to be designed and constructed as accessible units.
    16    T305.2.1 Accessible spaces. Common rooms and spaces available for  use
    17  by  residents  and serving Accessible units or Type B+NYC units shall be
    18  accessible in accordance with section 1107.3 of the New York city build-
    19  ing code.
    20    T305.2.2 Accessible route. Accessible route serving  accessible  units
    21  or  Type B+NYC units shall be provided in accordance with section 1107.4
    22  of the New York city building code.
    23    T305.3 Accessible units scope. The number of accessible shared housing
    24  rooming units shall be provided in accordance with section 1107.6.1.1 of
    25  the New York city building code. Only one shared housing rooming unit in
    26  each shared housing suite shall be permitted to count toward the  number
    27  of  required  accessible  units.  Accessible  units shall be distributed
    28  throughout the floors and locations on the floor of the  shared  housing
    29  dwelling.
    30    Exception:  Where  the  number  of  required accessible shared housing
    31  rooming units exceeds the number of shared housing suites combined,  the
    32  remaining  accessible  shared housing rooming units shall be distributed
    33  throughout the floors and locations on the floor of the  shared  housing
    34  dwelling.
    35    T305.4  Type  B+NYC  units scope. In buildings containing four or more
    36  dwelling units or sleeping units, shared housing rooming units included,
    37  shared housing rooming units not required to be an accessible unit shall
    38  be a Type B+NYC units unless the number of Type B+NYC units is permitted
    39  to be reduced in accordance with section T305.5 of this appendix.
    40    T305.5 General exceptions for Type  B+NYC  units.  Where  specifically
    41  permitted  by  this  section, the required number of Type B+NYC units is
    42  permitted to be reduced in accordance  with  sections  T305.5.1  through
    43  T305.5.2 of this appendix.
    44    T305.5.1  Buildings  or structures without elevator service where Type
    45  B+NYC units are required. In buildings or structures where  no  elevator
    46  service is provided or required by other sections of this code, only the
    47  shared  housing  rooming  units that are located on stories indicated in
    48  section T305.5.1.1 of this appendix are required to be Type B+NYC units.
    49    T305.5.1.1 One story with Type B+NYC  units  required.  At  least  one
    50  story  containing shared housing rooming units shall be provided with an
    51  accessible entrance and accessible route from the exterior of the struc-
    52  ture and all units intended to be used as  a  residence  on  that  story
    53  shall be Type B+NYC units.
    54    T305.5.1.2  Other  stories  with  Type  B+NYC units required. If other
    55  stories containing shared housing rooming units are served by a building
    56  entrance that is in proximity to arrival points as  indicated  in  items

        A. 11136                            9
 
     1  one  and  two, such building entrance shall be accessible and all shared
     2  housing rooming units served by that entrance on  that  story  shall  be
     3  Type B+NYC units.
     4    1.  Where  the  slopes  of  the  undisturbed site measured between the
     5  planned entrance and all vehicular or pedestrian arrival  points  within
     6  fifty feet of the planned entrance are ten percent or less, and
     7    2. Where the slopes of the planned finished grade measured between the
     8  entrance  and  all  vehicular  or pedestrian arrival points within fifty
     9  feet of the planned entrance are ten percent or less.
    10    3. Where no such arrival points are within fifty feet of the entrance,
    11  the closest arrival point shall be used unless that arrival point serves
    12  the story required by section T305.1.1 of this appendix.
    13    T305.5.2 Elevator service to the lowest story with Type  B+NYC  units.
    14  Where  elevator service in the building is provided for the sole purpose
    15  of complying with the provisions of section T305.5.1.1 of this  appendix
    16  to  serve  as  an  accessible  route only to the lowest story containing
    17  shared housing rooming units intended to be used as  a  residence,  only
    18  the  units intended to be used as a residence on the lowest story served
    19  by the elevator are required to be Type B+NYC units.
    20    T305.6 Existing buildings with existing elevators. Where elevators are
    21  provided in an existing building  that  is  otherwise  not  required  to
    22  provide elevators by this code, such existing elevators shall remain and
    23  shall comply with the following:
    24    1.  Existing  passenger  elevator  complying with inside dimensions in
    25  accordance with section 407.4.1 (Inside Dimensions) of ICC A117.1  shall
    26  not be eliminated or reduced in size.
    27    2.  Where existing freight elevator is the only elevator of the build-
    28  ing, such elevator shall be converted to a passenger elevator in accord-
    29  ance with section 407 (Elevators) of ICC A117.1. Such passenger elevator
    30  installed in the existing shaft shall be installed  in  accordance  with
    31  section 3001.11 of the New York city building code.
    32    Exception:  Where  existing non-residential building is converted to a
    33  shared  housing  dwelling,  existing  passenger  or  freight   elevators
    34  completely  within  an individual non-residential tenant space, and such
    35  building was used by more than one non-residential tenant prior to  such
    36  conversion.
    37                                SECTION BC T306
    38                            INTERIOR ENVIRONMENT
    39    T306.1  General.  Chapter  twelve  of  the New York city building code
    40  shall apply to shared housing dwelling, except as provided  by  sections
    41  T306.1 through T306.4 of this appendix.
    42    T306.2  Interior  space  dimensions. Sections 1208.3.2, 1208.3.2.1 and
    43  1208.3.2.2 of the New York city building code shall not be applicable to
    44  shared housing dwellings. Shared housing rooming units shall comply with
    45  the minimum floor area requirement set forth in section 27-2079.1 of the
    46  New York city housing maintenance code.
    47    T306.3 Toilet and bathroom  requirements.  Exception  one  of  section
    48  1210.2.2  of  the New York city building code shall not be applicable to
    49  walls and partitions in the  toilet  and  bathrooms  in  shared  housing
    50  dwellings.
    51    T306.4  Habitable  space. A room or space in a shared housing dwelling
    52  that is not a public part of the building shall be  deemed  a  habitable
    53  space.
    54    Exception:  Rooms  or spaces excluded from the definition of habitable
    55  space in section 202 of the New York city building code.

        A. 11136                           10
 
     1                                SECTION BC T401
     2                                  PLUMBING
     3    T401.1  General.  Shared  housing  dwellings shall comply with the New
     4  York city plumbing code as modified by sections T401.2 through T401.4 of
     5  this appendix.
     6    T401.2 Fixtures, faucets, and fixture fittings. Shared housing  dwell-
     7  ings  shall  provide  materials,  design,  and  installation of plumbing
     8  fixtures, faucets, and fixture fittings in accordance with chapter  four
     9  of  the  New  York  city  plumbing code as modified by sections T401.2.1
    10  through T401.2.5 of this appendix.
    11    T401.2.1 Minimum plumbing facilities. The minimum number  of  fixtures
    12  required  for  Group  R-2  occupancy in table 403.1 of the New York city
    13  plumbing code shall not apply to shared housing dwellings.  There  shall
    14  be  at  least  one  water  closet, lavatory, and bath or shower for each
    15  three shared housing rooming units therein, and  for  any  remainder  of
    16  less than three shared housing rooming units, at least one water closet,
    17  one  lavatory,  and  one  bath  or  shower shall be located on any floor
    18  containing a shared housing rooming unit.
    19    T401.2.1.1 Access to shared sanitary facilities. There shall be access
    20  to each required water closet and bathroom without passing  through  any
    21  shared housing rooming units, except that any water closet, lavatory, or
    22  bathroom  which  connects  directly with any shared housing rooming unit
    23  shall be deemed to be available only to the occupants  of  such  rooming
    24  unit  and  shall  not  be  included in the computations for the required
    25  number of plumbing facilities in accordance  with  section  T401.2.1  of
    26  this appendix.
    27    T401.2.1.2  Location of plumbing facilities. At least fifty percent of
    28  the water closets,  lavatories,  and  bathtub  or  showers  required  by
    29  section T401.2.1 of this appendix shall be located in the shared housing
    30  suite  containing  shared  housing rooming units. The remaining plumbing
    31  facilities may be located no more than one story above or below, and the
    32  path of travel from the shared housing rooming units to such  facilities
    33  shall  not  exceed  the  distance  of three hundred feet. Where a shared
    34  housing suite is on more than one floor,  occupants  of  shared  housing
    35  rooming units within such suite shall have access to plumbing facilities
    36  on the same floor as such units.
    37    T401.2.2  Minimum plumbing facilities in common spaces. In addition to
    38  the plumbing facilities required in accordance with section T401.2.1  of
    39  this  appendix,  common  spaces  constructed  in accordance with section
    40  T301.2 of this appendix shall be  provided  with  plumbing  fixtures  in
    41  accordance  with  table  403.1  of  the  New York city plumbing code for
    42  assembly occupancies.  Such plumbing facilities shall directly  open  to
    43  such common spaces.
    44    T401.2.3  Laundry facilities. When the number of occupants of a multi-
    45  ple dwelling containing shared housing rooming units is eleven or  more,
    46  at  least  one  automatic clothes washer and dryer for the exclusive use
    47  for the  residential  occupants  of  the  multiple  dwelling,  shall  be
    48  provided  for  every twenty shared housing rooming units, and fractional
    49  numbers shall be rounded up to the next whole number.
    50    T401.2.4 Floor drain. Where the total number of plumbing facilities in
    51  the bathroom or toilet room exceeds six, at least one floor drain  shall
    52  be provided in accordance with section 412 of the New York city plumbing
    53  code.
    54    T401.2.5  Separate  facilities.  Exception one of section 403.2 of the
    55  New York city plumbing code shall not be applicable  to  shared  housing

        A. 11136                           11
 
     1  dwellings.  Separate  facilities  shall  be  provided  for each sex in a
     2  shared housing dwelling.
     3    Exception:  Single-occupant  toilet  room  or  bathroom constructed in
     4  accordance with section 403.2.2 of the New York city plumbing code.
     5    T401.3 Food waste disposal units. Notwithstanding section 413.1 of the
     6  New York city plumbing code, food waste disposers shall not be permitted
     7  within shared housing dwellings.
     8    T401.4 Emergency drinking water  access.  A  shared  housing  dwelling
     9  shall  provide  fixtures  in accordance with section 614 of the New York
    10  city plumbing code for emergency drinking water access.
    11    § 4. Section 202 of the fire code of the administrative  code  of  the
    12  city  of  New York is amended by adding three new definitions to read as
    13  follows:
    14    DWELLING, SHARED HOUSING. A shared housing  dwelling,  as  defined  in
    15  appendix T of the New York city building code.
    16    ROOMING  UNIT,  SHARED  HOUSING.  A  shared  housing  rooming unit, as
    17  defined in paragraph fifteen-a of subdivision a of  section  27-2004  of
    18  the administrative code of the city of New York.
    19    SHARED  HOUSING SUITE. A shared housing suite, as defined in paragraph
    20  fourteen-a of subdivision a of section  27-2004  of  the  administrative
    21  code of the city of New York.
    22    §  5.  Section  406.2.4 of the fire code of the administrative code of
    23  the city of New York, as amended by local law number 47 of the  city  of
    24  New York for the year 2022, is amended to read as follows:
    25    406.2.4  Fire  and  emergency preparedness plan (Level 2) and fire and
    26  emergency preparedness staff.   [A]  Except  as  otherwise  provided  in
    27  FC406.2.5,  a  fire  and  emergency preparedness plan in accordance with
    28  FC401.5 shall be prepared for Group R-2 high-rise  megastructure  build-
    29  ings and occupancies, in addition to compliance with the requirements of
    30  FC401.6.  There  shall  be  present during regular business hours one or
    31  more members of the FEP staff required pursuant to FC401.5.5 who hold  a
    32  certificate of fitness for emergency announcements and other fire safety
    33  duties.
    34    §  6. Section FC406 of the fire code of the administrative code of the
    35  city of New York is amended by adding a new section 406.2.5 to  read  as
    36  follows:
    37    406.2.5  Comprehensive fire safety/emergency action plan (Level 1) and
    38  fire  and   emergency   preparedness   staff.   A   comprehensive   fire
    39  safety/emergency  preparedness  plan in accordance with FC401.4 shall be
    40  prepared for Group R-2 shared housing dwellings in  high-rise  buildings
    41  and  occupancies  with a fire alarm system that is programmed for staged
    42  evacuation.
    43    § 7. Section 505.3 of the fire code of the administrative code of  the
    44  city  of  New York, as amended by local law number 47 of the city of New
    45  York for the year 2022, is amended to read as follows:
    46    505.3 Identification of apartment and guest rooms.  The  location  of,
    47  and  entrance  to, each dwelling unit (guest room or sleeping room) in a
    48  Group R-1 building or occupancy, and each dwelling unit, shared  housing
    49  rooming  unit, and shared housing suite in a Group R-2 building or occu-
    50  pancy, shall be identified in accordance with this section and the rules
    51  to assist emergency response  personnel  responding  to  fires,  medical
    52  emergencies and other emergencies at the premises.
    53    §  8.  Section  505.3.1 of the fire code of the administrative code of
    54  the city of New York, as amended by local law number 47 of the  city  of
    55  New York for the year 2022, is amended to read as follows:

        A. 11136                           12
 
     1    505.3.1  Apartment  and guest room numbers. Each dwelling unit, shared
     2  housing rooming unit, and shared housing suite shall  be  identified  on
     3  the  public  corridor  side  of  the door by a room number and/or letter
     4  marking or sign conspicuously and durably printed or posted on or  adja-
     5  cent to at least one entrance door.
     6    §  9.  Section  505.3.2 of the fire code of the administrative code of
     7  the city of New York, as amended by local law number 47 of the  city  of
     8  New York for the year 2022, is amended to read as follows:
     9    505.3.2  Public  entry  and  corridor  signage.  In a Group R-1 or R-2
    10  building or occupancy with more than eight dwelling units on a floor,  a
    11  sign shall be conspicuously posted in the elevator lobby or other public
    12  entry  on each floor, and in the public corridor opposite each stairwell
    13  entrance, identifying by directional arrows and  dwelling  unit  numbers
    14  and/or  letters,  the direction to each dwelling unit. Such signage need
    15  not be provided in the public entry or opposite any  stairwell  entrance
    16  in  any  building  or on any floor where the entrances to dwelling units
    17  are located in a single direction from such entry or stairwell entrance.
    18  Notwithstanding the provisions  of  this  section,  the  department  may
    19  establish by rule standards, procedures, and requirements for signage in
    20  Group R-2 shared housing dwellings.
    21    §  10.  Section 505.4.2 of the fire code of the administrative code of
    22  the city of New York, as amended by local law number 47 of the  city  of
    23  New York for the year 2022, is amended to read as follows:
    24    505.4.2  Apartment and sleeping rooms. Except as otherwise provided in
    25  FC505.4.1 and this section, and except in buildings protected throughout
    26  by a sprinkler system, in a Group R-1 or R-2 building or occupancy  with
    27  more  than  eight dwelling units on a floor, each dwelling unit shall be
    28  identified on the door jamb on the public corridor side of the  door  by
    29  an  approved  fire  emergency  marking, not more than 12 inches (305 mm)
    30  from the bottom of the door, indicating the dwelling unit number  and/or
    31  letter.   Notwithstanding the provisions of this section, the department
    32  may establish by rule standards, procedures, and requirements  for  fire
    33  emergency markings in Group R-2 shared housing dwellings.
    34    §  11.  The  provisions of this act shall not be construed to prohibit
    35  the lawful construction or use of rooming  units  in  class  A  multiple
    36  dwellings  pursuant to section 27-2077 of the administrative code of the
    37  city of New York or any other law.
    38    § 12. This act shall take effect immediately.
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