I want to know if there are any workarounds the NYC building code for incorporating a cellar currently having only 1 means of egress into the basement apartment above. The intention is to have the cellar act as a recreation room integrated into the basement (garden) floor.

The brownstone is currently a 4 family building (cellar, basement, 1st, 2nd and 3rd floor) with B-3rd fl as one family each. 1st through 3rd floors have the public corridor/stairs and fire escapes for their 2 means of egress. Basement has the public corridor and the backyard door for it’s 2 means of egress. Cellar is the issue as it’s only means of egress is where it comes up to the public corridor currently. There is an existing coal/furnace hatch in the front that comes up into the front yard. Can the hatch be upgraded in any way to be counted as the 2nd means of egress? I’ve heard that a lot of brownstones have done that but does anyone know if this kind of thing has been approved lately by the building department? Any assistance with this matter would be greatly appreciated!


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  1. @ brooklynexpediter: Really? I had it filed and the plan examiner was asking for a 2nd means of egress out of the cellar. I was scratching my head cause when I looked at the code – it requires 2 means of egress out of every floor for buildings that are over 3 stories and/or over 40′ high. We do have an enclosed stairs with FPSC doors on both the top and the bottom of the stairs. SO I’ll go to the plan exam with this and see if I can fight it.

    When you say that the examiner will mandate an area for the lift, do they actually make you install it as well or just for future clearances should it be required?

  2. Approved tens of projects like these already. What you need however is an enclosed stair between the levels and some examiners will mandate you to have handicap clearances as well and an area for a lift or handicap chair rail.

  3. Thanks for the response Jim! Can you direct me to where I can find this “rec room memo from the DOB” that you are talking about. I would love to have a copy of it for my reference. I tried googling it but I can’t seem to find it online.

  4. Rec room memo from DOB says that the rec room must be provided with a fire proof self closing door at the lowest level directly into the public hall. It does not need to have egress to the exterior.

  5. This needs to be looked at to give you the right answer. Contact one of the architects on the board. There are several of us here.