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This entry was published on 2014-09-22
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SECTION 61
Business uses
Multiple Dwelling (MDW) CHAPTER 61-A, ARTICLE 3, TITLE 2
§ 61. Business uses. 1. Except as may be otherwise provided by any
local law, ordinance, rule or regulation, business may be conducted in
any multiple dwelling including:

a. Baking and fat-boiling as provided in section fifty-nine,

b. Storage of passenger motor vehicles as provided in section sixty,
and

c. Any manufacturing business in which seven or more persons are
employed, or any employment agency as defined in section one hundred
seventy-one of the general business law other than a non-profit
employment agency in a fireproof class B multiple dwelling owned and
occupied by a non-profit corporation organized for and engaged
exclusively in promoting religious, education or philanthropic purposes,
provided that every means of egress from such a business space shall be
separate and distinct from and without means of communication with any
means of egress from the dwelling portion of the building.

2. The number of means of egress from the portion of any multiple
dwelling where business is conducted shall be in conformity with those
provisions of the local laws, ordinances, rules and regulations covering
means of egress from buildings in which a like business is conducted.

3. There shall be no manufacturing business conducted above the second
floor of any non-fireproof multiple dwelling.

4. Where business is conducted in any multiple dwelling erected before
April eighteenth, nineteen hundred twenty-nine, such business space
shall also comply with all the following requirements in a manner which
the department shall deem adequate to prevent the spread of fire:

a. Within or appurtenant to such space, all pipe chases and openings
around flues shall be fire-stopped, and such flues shall be kept in good
order and repair.

b. All other openings from such space into non-fireproof shafts or
into entrance halls shall either be sealed with fire-retarded material
or equipped with a self-closing fire-retarded door or window with
fire-retarded assemblies.

5. Where business is conducted in any non-fireproof multiple dwelling
erected after April eighteenth, nineteen hundred twenty-nine, the walls
and ceiling of such business space shall be fire-retarded. The
department may also require the walls and ceilings of any business space
in any multiple dwelling erected before such date to be fire-retarded
when the department shall deem such requirement necessary for the
protection of the occupants.

6. If the ground story of any non-fireproof multiple dwelling is
extended for business purposes, the underside of the roof of such
extension shall be fire-retarded. If there are fire-escapes above such
extension, its roof shall be fireproof.