Tenant Separation Wall Requirements in New York

Fire Wall Definition

• According to the New York City Department of City Planning, a fire wall is a wall that prevents a fire from spreading, stops smoke from escaping the building and is fire resistant. The wall must reach from the foundation of the building to the roof and meet any code requirements in the New York City Building Code, if the dwelling sits within the city limits.

Considerations

• A separation wall must meet the requirements found during the era in which the builder constructed the wall. Even if the building code changes, the original fire wall must only meet the original requirements. Tenants must keep in mind that in older buildings, the fire wall may not be as thick or as large as modern ones because the code has likely changed. The Commissioner of the Department of Buildings determines the validity of the fire wall based on the requirements at the time construction began.

New York Code

• New York code identifies a building as one that is attached to land permanently, has at least one floor and roof, has lot lines and is surrounded by fire walls or open spaces. The code also requires that all buildings have a primary entrance, exits and fire protection systems. The responsibility of the fire protection system falls onto the shoulders of the landlord. He must maintain fire alarms inside the building, as well as the fire escapes and any other fire protection areas inside the building.

Warning

• Separation walls exist in buildings specifically designed for human habitation, but tenants may not have such walls in their own units. When an owner divides a building into different units for apartments, not all units have the legally required fire walls or separation walls. Interior apartments and apartments with drywall or newer walls typically do not have fire walls. Tenants must discuss with their landlords the dangers of fire and request a separation wall. If the landlord does not comply, then the tenant must contact the city and request an inspection of the property.