N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 36-2.5

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

Section 36-2.5 - Mixed occupancy

(a) General. Where a portion of a structure containing a place of public assembly is not used or occupied for public assembly or purposes incidental thereto, such portion shall not be subject to the exit or construction requirements of this Part.

(b) Limitations on mixed occupancy.

(1) No place of public assembly shall be permitted in a building any part of which is used for a hazardous occupancy. The following list illustrates without limiting the types of occupancies which will be considered hazardous in the meaning of this subdivision:

(i) places for the handling and storage of explosives;

(ii) places where paints are handled in bulk;

(iii) automobile filling stations, service or repair shops;

(iv) dry cleaning plants using flammable liquids.

(2) Where a place of public assembly is hereafter housed in the same building with one or more other occupancies which are not prohibited by paragraph (1) of this subdivision, the place of public assembly shall be separated from such other occupancies by walls and floors which have a fire-resistance rating of at least two hours in multi-story buildings and by fire-resisting construction in buildings not over one story.

(3) Rooms or areas used for, and in connection with public assembly purposes in the same building and under the same management as the assembly hall, may be held to be separate occupancies for the purpose of this subdivision.

(c) Connections to nonhazardous separate occupancies. A single opening not exceeding 80 square feet in area, may be permitted from each adjoining non-hazardous occupancy. Such opening shall be to a lobby which opens directly to a street and it shall be provided with a fire door having a rating of at least three-quarters of an hour. Such door may have a wired glass panel not exceeding 720 square inches in area and may be of the automatic type closed by a heat- actuated device.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 36-2.5