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S10501 Summary:

BILL NOS10501
 
SAME ASNo Same As
 
SPONSORBOTTCHER
 
COSPNSR
 
MLTSPNSR
 
Amd §378, Exec L
 
Directs the state fire prevention and building code council to develop standards permitting single stairway residential buildings up to six stories or seventy-five feet in height in a city having a population of one million or more.
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S10501 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10501
 
                    IN SENATE
 
                                      May 15, 2026
                                       ___________
 
        Introduced  by Sen. BOTTCHER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community Development
 
        AN  ACT  to  amend  the executive law, in relation to authorizing single
          stairway residential buildings in a city having a  population  of  one
          million or more

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings. The legislature finds that  New  York
     2  state faces a severe housing shortage, particularly for small and moder-
     3  ately sized multifamily buildings.
     4    Current  building  codes  generally  require  two means of egress (two
     5  stairways) for most residential buildings  above  three  stories,  which
     6  increases  construction  costs,  limits feasible building types on small
     7  and irregular lots, and reduces the number of units that can be built.
     8    Jurisdictions including Texas, Colorado, Washington, Germany and Swed-
     9  en permit single stairway residential buildings under modern fire safety
    10  standards.
    11    Evidence shows that single stairway buildings can be constructed safe-
    12  ly when paired with  fire-resistant  construction,  automatic  sprinkler
    13  systems,  smoke control and compartmentalization. Allowing single stair-
    14  way buildings will enable family-sized apartments, unlock  small  infill
    15  sites, and support contextual, mid-rise housing in urban areas.
    16    § 2. Subdivision 20 of section 378 of the executive law, as renumbered
    17  by section 3 of part RR of chapter 56 of the laws of 2023, is renumbered
    18  subdivision 21 and a new subdivision 20 is added to read as follows:
    19    20.  Standards  permitting single stairway residential buildings up to
    20  six stories or seventy-five feet in height, whichever is less in a  city
    21  having  a  population  of  one  million or more. Such buildings shall be
    22  permitted in any zoning district that  allows  multi-family  residential
    23  use  and  without  any  additional  discretionary approval solely due to
    24  having one staircase.
    25    a. Single stairway buildings must comply with all of the following:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15899-01-6

        S. 10501                            2
 
     1    (i) an automatic sprinkler or systems must be present and  operational
     2  throughout the building;
     3    (ii)  the building must have a fire-resistance rating of not less than
     4  two hours for structural elements;
     5    (iii) maximum travel distance limits within the building are  consist-
     6  ent with International Building Code best practices;
     7    (iv) the staircase must be smoke-proof or mechanically ventilated;
     8    (v) there are no more than four dwelling units per floor;
     9    (vi)  the building allows adequate emergency responder access, includ-
    10  ing fire department access panels or balconies  and  appropriate  window
    11  size and placement requirements for access;
    12    (vii) the unit layout ensures direct access to the stairway; and
    13    (viii) the building contains no excessive dead-end corridors.
    14    b. As used in this subdivision, "single stairway residential building"
    15  means  a residential building that contains one interior enclosed stair-
    16  way serving all dwelling units and that meets  all  safety  requirements
    17  established under this section.
    18    c. No municipality within a city having a population of one million or
    19  more  may  prohibit  single-stair residential buildings that comply with
    20  this subdivision, or impose additional egress requirements contained  in
    21  this  subdivision.  Such  municipalities  may  adopt objective safety or
    22  design standards, provided they do not effectively prohibit such  build-
    23  ings.  The  New  York  City  Building  Code may adopt equivalent or more
    24  permissive provisions, but not more restrictive ones.
    25    d. Within twelve months of the effective date of this subdivision, the
    26  council  shall  promulgate  rules  and  regulations  to  implement   the
    27  provisions  of this subdivision. Such rules and regulations shall incor-
    28  porate international building code standards  and  best  practices  from
    29  other U.S. states and European countries.
    30    §  3.  Severability.  If any clause, sentence, paragraph, subdivision,
    31  section or part of this act shall be adjudged by any court of  competent
    32  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
    33  invalidate the remainder thereof, but shall be confined in its operation
    34  to the clause, sentence, paragraph, subdivision, section or part thereof
    35  directly involved in the controversy in which such judgment  shall  have
    36  been rendered. It is hereby declared to be the intent of the legislature
    37  that  this  act  would have been enacted even if such invalid provisions
    38  had not been included herein.
    39    § 4. This act shall take effect on the one hundred eightieth day after
    40  it shall have become a law.
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