N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 36-2.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 36-2.3 - Required exits

(a)Number.

(1)For building, tier or floor. Each building containing a place of public assembly and each tier or floor of same shall be provided with required exits as follows:

Capacity of tier, floor, or building	Minimum number of exits
500 persons or less	2
501 to 1000 persons	3
1001 or more persons	4

(2)For rooms. Every room or group of connected rooms having an aggregate floor area of 1,000 square feet or more shall be provided with one or more exits opening onto an exitway. If the area of the room or group of connected rooms exceeds 1,500 square feet, or its occupancy exceeds 75 persons at least two exits shall be provided.

(3)Small basements. Basement or cellar floors with 500 square feet or less area require only one exit.

(b)Location.

(1)Remoteness. The required exits from any room, tier, or floor shall be remote from and independent of each other.

(2)Distance of travel. The distance of travel from any point on a tier or floor to the nearest required exit therefrom shall not exceed 100 feet except that in existing places such distance shall not exceed 125 feet. This distance shall be measured along normally travelled routes.

(3)Hazardous travel. No required exitway hereafter constructed shall lead through a kitchen, service pantry, boiler room or other space of similar hazard.

(c)Type.

Exits shall consist of grade exit doorways, interior or exterior stairways or ramps, or horizontal exits, except as may be otherwise specified herein.

(d)Aggregate widths of exitways.

(1)Doorways and stairways. The necessary aggregate widths of doorways and stairways shall be determined by the capacity of the places, floors or tiers they serve on the basis of 12 inches of width for each 50 persons or fraction thereof.

(2)Exitways serving several places. Where one or more required exitways serve more than one tier or place of public assembly, the aggregate width of such exitways shall be determined as in the preceding paragraph for the combined capacities of the tiers or places served by such exitways.

(3)Two or more exitways. Where more than one exitway is required, the total necessary aggregate width shall be apportioned approximately equally among them.

(4)Stairs ending on main floor. Where required interior stairways from any tier or floor terminate on the main floor, the aggregate width of exitways from the main floor shall be increased so as to provide for not less than 100 per cent of the persons served by such stairways.

(5)Stairs serving two or more floors. The aggregate required width of stairways serving two or more successive floors or tiers shall be determined by adding 50 percent of the lesser required width to 100 percent of the greater required width of the two most distant tiers and thereafter 50 percent of each successive tier.

(e)Individual widths of exitways.

(1)Doorways. No required exit doorway shall be less than 36 inches in width unless otherwise specifically permitted.

Exception:

Existing exit door openings may have widths of not less than 30 inches.

(2)Stairways. No required interior or exterior stairway shall be less than 42 inches nor more than 96 inches in width unless otherwise specifically permitted by this Part.

Exception:

Existing stairways may have widths of not less than 36 inches, or if constructed before July 1, 1925, they may have widths of not less than 30 inches. They may also exceed 90 inches in width.

(3)Sidewalk stairs. Sidewalk stairs and any doorways leading to such stairs shall be not less than 30 inches wide.

(4)Passageways and hallways. All passageways and hallways shall have clear widths at least equal to that required for the exits they serve at the beginning but in no case less than 44 inches. If serving more than the beginning exits their widths shall be increased sufficiently to serve at least two thirds of the aggregate number of persons served by the tributary exits. No reduction in width of passageway or hallway in the direction of exit travel is permitted.

Exception:

Existing passageways and hallways may have minimum widths of 36 inches.

(5)Width-how measured. The width of stairways shall be taken as the length of the tread between stringers. The width of doorways shall be taken as the nominal width of the door leaves.

(6)Doors in series. Doors in series may be used in exitways provided no single door between mullions is less than 22 inches. Mullions between doorways shall not exceed 15 inches and no credit for required exit width shall be allowed for fractional parts of 12 inches in any doorway. A doorway shall be considered the space occupied by single or double doors between mullions or, for series doors without mullions, the space between doors when they are opened 90 degrees.

(7)Doorway serving a stairway. The width of a doorway serving a required stairway shall be at least five sixths of the stairway width required for the tiers served.

(8)Courts. A court hereafter used as a part of an exitway shall have a clear width equal to that required for the exits it serves at the beginning but in all cases shall have a clear and unobstructed width of at least six feet. If serving more than the beginning exits the width shall be increased sufficiently to serve at least two thirds of the aggregate number of persons served by the tributary exits.

(9)Balconies and bridges. The width of any balcony or bridge used in connection with a horizontal exit shall be not less than the doorway serving it and in any case not less than 44 inches.

(10)Aisles. The minimum width of aisles leading to an exit shall be 36 inches except as may be otherwise provided in sections 36-3.2 and 36-3.3 herein as to theatres.

(f)Exit courts.

(1)Extent and egress. Exit courts shall extend sufficiently to take in such side and rear exits from the main floor as do not open onto a street or other open area, and they shall themselves lead directly to a street or open area leading to a street.

(2)Difference in levels. Difference in levels which exist within a court shall be overcome by ramps. One flight of stairs shall be used if a ramp steeper than one in eight is required.

(3)Obstructions. Courts shall be kept reasonably free from snow and ice at all times during occupancy of the place of public assembly, and shall be sanded as may be necessary to prevent slippery conditions. They shall not be used for storage or be obstructed in any manner.

(g)Terminals.

(1)Final egress to street. All exitways shall lead directly to a street or open area, passage or court leading to a street.

(2)Outside landings for grade exit doors. Every grade exit door shall have an approximately level floor, area or landing on the outside thereof, not less in depth than the swing of the door and extending at least 12 inches beyond each door jamb unless confined by walls. Such landings shall be not more than six inches below the level of the door sill.

(h)Doors in exitways.

(1)Size and construction.

(i) The nominal width of single doors hereafter installed shall be not less than 36 nor more than 44 inches except new doors fitted to existing doorways.

(ii) The nominal width of each leaf of double doors or doors in series shall be not less than 22 nor more than 38 inches.

(iii) The nominal height of doors hereafter installed shall be at least six feet eight inches except new doors fitted to existing doorways.

(2)Swing of doors.

(i) Every required exit door and every door serving a means of exit, shall swing in the direction of egress except doors from rooms having a capacity of less than 50 persons.

(ii) Every door opening on an exit court, passageway or stairway shall be so arranged by vestibuling or otherwise that when partially or completely opened, it does not encroach upon the required width of such court, passageway or stairway.

(iii) Main entrance doors shall open outwardly or may be double acting, but all exit doors from passageways shall swing only in the direction of exit travel. Screen, vestibule and storm doors shall comply with the requirements of this subdivision.

(3)Fastenings of doors.

(i) During the period of occupancy, no exit door from a place of public assembly shall be locked, bolted or otherwise fastened so that the door cannot be opened from the inside by pressure on the door or on an approved panic release device.

(ii) Draw or flush bolts may be used on the outer doors of the main public entrance provided that when hereafter installed they are of an approved type which can only be operated by a special key designed to prevent unauthorized, malicious or accidental locking and all such bolts shall be unlocked to allow the opening of the doors by pressure on the inside during occupancy of the place of public assembly.

(4)Revolving doors.

(i) Revolving doors may be installed in a place of public assembly only if one or more swinging doors are maintained in the same general exit opening, and there is at least one other required means of exit from the same floor. No revolving door constitutes a required means of exit or contributes to the required aggregate width of exits.

(ii) Revolving doors shall be of an approved type and so constructed with safety releases that simultaneous outward pressure exerted by persons of ordinary strength on both sides of the door pivot will cause the wings to fold back on themselves in the direction of exit travel and provide a clear passage at least 22 inches wide on each side.

(i)Interior stairways-construction and enclosure.

(1)General construction. Every required interior stairway shall be built of incombustible materials throughout, except for handrails. The clear headroom shall be at least seven feet measured vertically from the floor, landing or any tread nosing, to any projection below the general ceiling level. Every tread, landing or platform of slate, marble, stone or composition shall be supported for its entire area.

Exception:

Existing required interior stairways are not required to be of incombustible materials throughout.

(2)Stairway enclosure. Interior stairways serving as required exits shall be enclosed in accordance with the requirements for shafts set forth in Part 7 of the Industrial Code unless such enclosure is waived herein for special cases.

(3)Ventilation of stairway enclosures. Every enclosed stairway shall be provided with ventilation according to the ventilation requirements for shafts and stairways set forth in Part 7 of the Industrial Code.

(4)Treads and risers.

(i) The treads and risers of interior stairways hereafter constructed shall be so proportioned that the product in inches of the tread, exclusive of the nosing, and the riser, shall be between 70 and 771/2; but the height of the riser shall not be more than seven and three-quarters inches and the width of the tread, exclusive of the nosing shall not be less than 10 inches.

(ii) The treads shall be maintained so as to prevent slipping and both treads and risers shall be without perforations.

(iii) Between any two landings, the treads shall be of uniform width and the risers of uniform height.

(iv) No flight of less than three risers shall be used except to overcome differences in floor level elsewhere than in exitways.

(v) Winders are not permitted and spiral stairs do not constitute required exit stairs.

(5)Landings.

(i) The vertical distance between landings of required interior stairways hereafter constructed shall not exceed 12 feet 6 inches. The length and width of terminal and intermediate landings shall be at least equal to the width of the stairway in which they occur except that intermediate landings on straight runs need not have a length exceeding 44 inches measured in the direction of the run.

(ii) The walls at the outer corners of landings hereafter constructed where there is a change in the direction of exit travel, shall be curved on a radius of at least two feet or have a 45 degree splay at least 20 inches wide.

(6)Handrails.

(i) Every required interior stairway shall have walls or well secured balustrades or guards on both sides. A handrail shall be provided on one side of every stair 48 inches or less in width and on both sides of every stair over 48 inches in width. Every stairway 96 inches or more in width shall be provided with a continuous intermediate central handrail.

(ii) Handrails shall extend for the full run of the stair and shall not be less than 30 inches nor more than 36 inches high from the tread to the top of the rail measured in line with the riser. Horizontal handrails shall be not less than 36 inches high.

(iii) Handrails shall have a finger clearance of not less than one inch and may project into the required width not more than three and one-half inches. The ends of handrails shall be turned back against walls or newels and finished without projections.

(7)Sidewalk stairs.

(i) Sidewalk stairs need not be enclosed. They shall be constructed with treads not less than six inches wide and risers not more than 12 inches high and a pitch not exceeding 60 degrees. Safety rails shall be provided on both sides of such stairs.

(ii) Every sidewalk stair shall terminate on a street or an open area leading to a street. Sidewalk doors may be installed over such stairs provided that such doors are easily openable from the inside and are not obstructed on the outside. If no such doors are installed, a standard railing shall be provided at the top.

(8)Balcony and mezzanine stairs other than in theatres. Stairways from mezzanines and balconies which lead to the floor below, independently of stairways from a floor or floors above, may be unenclosed. The area of mezzanines which exit independently to the floor below shall constitute part of the area of the floor below.

(9)Cellar or basement stairs-general. Except as hereinafter provided cellar or basement exit stairs shall be enclosed interior stairways, or unenclosed exterior stairways extending to grade. Where the basement or cellar is not more than 12 feet below grade or where the building is of fireproof construction, stairways may be unenclosed below the level of the floor above, provided that above such level the exitways are enclosed and lead directly to a street or to a passageway or open area affording unobstructed passage to a street.

(10)Cellar or basement stairs-from areas not regularly occupied. Cellars or basements not open to the public and used for storage or mechanical equipment only, or in which no one is regularly employed are excepted from the requirements of paragraph (9) above as follows:

(i) If the cellar or basement does not exceed 1,500 square feet in area a sidewalk stair shall suffice as one of its two required exits.

(ii) If the cellar or basement does not exceed 500 square feet in area the single exit permitted by paragraph (3) of subdivision (a) of this section may be a sidewalk stair.

(j)Exterior stairways from above grade.

(1)Limitations.

(i) No exterior stairway from above grade constitutes a required means of exit if it is more than 35 feet high from its termination at the ground to its top landing or tread.

Exception:

Existing exterior stairways and all fly gallery and gridiron exits from theatres may be over 35 feet high if otherwise in compliance with the provisions of this section.

(ii) Not more than 50 per cent of the required exit capacity for the floor or floors served may be provided by exterior stairways.

(2)Access. Access to such exterior stairways shall be by doors with beveled sills not more than one inch above the floor level, opening outwardly upon a landing which is not more than eight inches below the sill. Such door shall swing in the direction of exit travel and when completely open shall not reduce the passage space on any landing to less than the required width of the stairway.

(3)Construction.

(i) Exterior stairways shall be constructed of incombustible material except in the case of an existing stairway leading from the second story of a wood frame building or other case herein specifically excepted.

(ii) Stairs and landings shall be so constructed and maintained as to sustain safely a live load of at least 90 pounds per square foot.

(iii) Landings not less in width than the stairs shall be provided at each story served and at such other points as are necessary to limit the vertical distance between landings to not over 12 feet 6 inches. Such landings shall be not less than 44 inches in the direction of exit travel. No run of stairs shall consist of less than three risers except where the distance from a required landing to grade is not sufficient to permit three risers.

(iv) Treads shall not be less than nine inches wide exclusive of nosing and the height of the rise shall not be more than eight inches. No winders or spiral stairs shall be permitted. No opening whose lesser dimensions exceeds one-half inch shall be permitted in treads or landing floors.

(v) Counter balanced flights are prohibited on exterior stairways hereafter erected, but existing counter balanced flights may be retained and may be replaced as herein provided. See paragraph (2) of subdivision (m) of this section.

(4)Enclosures and railings.

(i) Landings and stairs shall be provided with railings at least 48 inches high on all open sides except that railings not less than 42 inches high are permitted on existing stairways.

(ii) Such railings shall be of solid, balustraded, grill or screen construction substantially anchored and able to withstand a lateral thrust of at least 50 pounds per lineal foot. No openings whose lesser dimension exceeds five and one-half inches are permitted. Handrails shall be provided in accordance with paragraph (6) of subdivision (i) of this section.

(k)Exterior stairways from below grade.

(1) Unenclosed exterior stairways extending up to grade constitute required means of exit where the floor level served by such stairways is not more than 12 feet below grade

(2) Such stairways shall be constructed of incombustible materials throughout. They shall otherwise conform to the applicable provisions of the above rules for exterior stairways from above grade.

(3) Every such stairway shall lead directly to a street or to an open area affording an unobstructed passage to a street.

(l)Protection of exterior stairways.

All wall openings below the level of the top landing which are within 10 feet of, or less than 30 feet below the course of the stairway, shall be provided with self-closing fire doors or fire windows having a fire-resistance rating of at least three-quarters of an hour.

(m)Maintenance and replacement of exterior stairways.

(1)Maintenance. All metal portions of exterior stairways shall be properly painted before and after erection and be scraped and painted as often as necessary to protect them from corrosion. They shall be kept free of snow and ice or obstructions of any kind.

(2)Replacement. When existing counter balanced flights are replaced, they shall conform to the following requirements:

(i) They shall hinge on pivots with bronze bushings and be weighted without the use of cable so as to swing to the ground when unlatched.

(ii) A short flight of fixed stairs of at least three treads shall be provided between the lowest balcony level and the counter balanced portion of the stairs.

(iii) The lock or releasing rod shall have a fork at the lower end fitting over and under the weighted end of the counter balanced stairs and shall extend up and across the head of the short flight of fixed stairs in the shape of an out-swinging bar or gate, the opening of which shall unlatch the counter balanced flight.

(n)Horizontal exits.

(1)General.

(i) On the refuge side of horizontal exits there shall be one or more means of exit conforming to the provisions of this Part and having a capacity at least equal to that of the horizontal exit from the place of assembly.

(ii) The available space on the refuge side of any horizontal exit shall be sufficient to contain all the occupants of the tier or floor which it serves on the basis of three and one-half square feet per person.

(iii) The two floor areas connected by a horizontal exit shall be either spaces occupied by the same tenant or public spaces other than stair enclosures.

(2)Openings. Fire wall openings serving a horizontal exit shall be protected by two self-closing fire doors which swing in the direction of travel or by one such door and an automatic fire door. Such doors shall be kept unlocked and unobstructed. Their sills shall be substantially level with the floor.

(3)Balconies and bridges. Every balcony and bridge serving a horizontal exit shall conform to the following requirements:

(i) It shall be built of incombustible material throughout.

(ii) It shall have a solid floor.

(iii) Unless all openings in building walls, within 30 feet below it or 10 feet horizontally from it, are provided with self-closing fire doors or fire windows, it shall be completely enclosed. Such enclosure shall consist of side walls which together with the floor construction shall have a fire-resistance rating of at least one hour.

(iv) If unenclosed, it shall be provided on all open sides with railings at least 48 inches high which conform to the provisions for the railings of exterior stairways and landings as set forth in paragraph (4) of subdivision (j) of this section.

(v) The floor shall be able to sustain safely a load of 90 pounds per square foot. It shall be located not more than eight inches below the door sills of openings onto it and shall not have a gradient of more than one in eight.

(o)Ramps.

(1) Ramps may be used in place of stairways provided that such ramps comply with the requirements for stairways insofar as applicable. Intermediate handrails are not required.

(2) The slope of ramps shall not exceed one in eight except as otherwise specifically provided herein. Level platforms or landings shall be provided at points of access and change of direction.

(3) Ramps shall be surfaced with acceptable non-slip material.

(p)Enclosure of passageways and hallways.

(1) Passageways shall be enclosed in accordance with the requirements for the enclosure of exit stairways in the same building.

(2) Hallways serving as part of an exitway shall be enclosed with construction having a fire-resistance rating of at least one hour.

(q)Aisles.

(1) Aisles providing convenient and unobstructed passage to each exit shall be provided on every floor or tier.

(2) No aisle shall be diminished in width towards an exit to less than its minimum required width.

(r)Exit signs and exit directional signs.

(1)Signs installed before July 1, 1967. No provision of this Part (rule) as amended effective July 1, 1967 requires or is intended to require alteration or replacement of any exit sign, exit directional sign or wiring for such signs installed prior to July 1, 1967 which complies with the provisions of this Part (rule) in effect at the time of its installation, or with a subsisting variation granted by the board.

(2)Signs installed on or after July 1, 1967. Every exit sign and exit directional sign installed on or after July 1, 1967 shall comply with the following provisions.

(i)Exit signs.

(a)Approval required. Any exit sign installed after November 1, 1967 shall be approved.

(b)Where required. Exit signs, visible from the normal path of approach to every required exit shall be provided in all places of public assembly to which this Part (rule) applies.

(c)Location of sign. An exit sign shall be provided for each required exit doorway or equivalent opening forming part of an exit and shall be installed with the lower edge of the sign at a point not more than eight feet above the floor level at the opening and on the vertical center line of the opening or group of openings.

Exception:

Only one exit sign shall be required for a group or series of not more than four openings where the openings adjoin each other or are spaced not more than one foot apart. Where there are more than four openings in a group or series, two exit signs shall be installed at points which are located at a distance from each end equal to one-fourth of the total width of the doorways.

(d)Mounting. Installation for exit signs shall be parallel to the wall surface over the opening and either mounted directly on the wall or suspended not more than two feet from the wall; except that where the path of travel leading to a required exit is such that the exit sign is not readily discernible due to the angle of approach, the sign shall be mounted perpendicular to the wall surface.

(e)Legend requirements. Exit signs shall be inscribed with the word EXIT in plainly legible block letters. The sign letters shall be conspicuous, readily discernible, and not less than four and one-half inches high with letter strokes not less than one-half inch wide. Exits serving an unpartitioned space with an area of 20,000 square feet or more shall be designated by exit signs with letters not less than six inches high and having letter strokes not less than three-quarters of an inch wide.

(f)Legend and background colors. Exit sign wording shall consist of translucent red letters on a translucent or opaque background of contrasting color, translucent white letters on a translucent red background, or of other colors acceptable as part of an approved sign.

(g)Visibility. The space within a distance of 25 feet from which any exit sign may be normally approached and a distance of six feet each side of such sign shall be maintained free from equipment, furnishings, decorations or objects, including brightly illuminated signs (for other than exit purposes), illuminated displays, or other illuminated devices or things which would prevent or impair clear visibility of such exit sign.

(h)Illumination. Every exit sign shall be illuminated internally by electrical means from a reliable power source or be illuminated by other means acceptable as part of an approved sign and shall be kept illuminated continuously when the building is occupied. When illuminated by electrical means, signs shall be supplied by an independent circuit or circuits reserved and used exclusively for the supply of power to such signs. Each sign shall be directly connected to the circuit without any switches, fuses, plugs or similar devices. The circuit shall be connected with proper overcurrent protection and switches to the circuit box distributing power from the generator or public utility to the building or floor or area of the building. Required illumination of an exit sign shall be of such intensity that the sign so illuminated will be clearly discernible from any part of the floor area serviced thereby. Where incandescent, fluorescent or equivalent lighting is used to illuminate an exit sign, there shall be in each sign at least two separate light bulbs or equivalent light sources wired in parallel so that the failure of one light source will not affect any other.

(ii)Exit directional signs.

(a)Where required. Exit directional signs shall be provided and mounted at strategic locations over doorways and in hallways, passageways, corridors and along other paths of travel which lead to an exit but from which the exit sign is not visible or readily discernible. In no case shall the distance between such signs exceed 100 feet and a sign shall be installed at every major change in direction of the path of travel to an exit.

(b)Construction and legend. Exit directional signs shall be constructed of durable wood, metal, plastic or such other material as may be acceptable to the commissioner inscribed with the words TO EXIT or the word EXIT with a suitable pointer or arrow indicating the direction of exit; or such required legend shall be inscribed directly on a wall or other vertical surface. The letters and symbols shall be red with a white background or white with a red background, not less than one-half inch wide. Exit directional signs are not required to be illuminated by other than the normal lighting in the building.

(c)Mounting. Height of mounting shall be such that the sign is readily visible to a person approaching it. Where a directional sign indicates a major change in direction of the path of travel to an exit, such sign shall be mounted approximately perpendicular to the approaching path of travel and be inscribed with the word EXIT with a suitable pointer or arrow indicating the direction of exit. Where the path of travel does not change direction, the exit directional sign shall be mounted over the approximate center line of the doorway, passageway, hallway or stairway approximately perpendicular to the path of travel and be inscribed with the words TO EXIT.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 36-2.3