DOB, FDNY warn against expanding single‑stair exceptions in proposed building‑code change

Council members heard contested testimony about Intro 2-61, which would amend the New York City building code to permit a single exit stairway in additional residential (R-2) buildings. The sponsor and supporters say the change could ease construction of small residential buildings; the Department of Buildings and the Fire Department warned the committee that expanding the single-stair exception could increase occupant loads and complicate firefighting operations.

Council member Rita Joseph described the proposal in opening remarks as allowing “certain new residential buildings to be constructed with only 1 staircase if they meet the following conditions, no more than 6 stories tall, built to fireproof construction standards, no more than 4,000 square feet per floor, no more than 20 feet from any apartment door to the exit staircase.” The current code’s item 7 limits that per-floor allowance to 2,000 square feet, according to DOB testimony.

Guillermo Pacino, deputy commissioner for policy and legal affairs at DOB, summarized the department’s safety concerns: increasing the floor‑area allowance from 2,000 to 4,000 square feet “would essentially double the number of apartments allowed per floor and in turn potentially increase occupant load by a 100%.” The department explained that item 7 presently limits occupant load in part by restricting floor area and noted the code does not account for accessory or assembly spaces that could add dozens of occupants to a single stairway.

DOB witnesses said first responders share their concerns. Keith Wynne, assistant commissioner for code and zoning interpretation, told the committee that “intro 2-61, item 7 specifically, does not provide sufficient safety requirements for the 1 exit condition.” A Fire Department representative gave a more vivid account of operational risks: the stairwell is central to search and rescue and suppression; single stairways can become contaminated and impede both egress and firefighting. A FDNY witness cited a 2017 Bronx fire that resulted in multiple fatalities after a stairwell became contaminated.

Committee members pressed DOB and FDNY for technical detail and acknowledged the council’s housing‑production goals. No vote occurred during the hearing; DOB said it would continue to provide technical advice and the committees signaled they would pursue further debate and potential amendments to balance safety and housing objectives.