ARTICLE 4 CLASSIFICATION OF BUILDINGS (As amended by ord. effective Sept. 1, 1915) Sec. 70. Occupancy. § 71. Construction. 872. When buildings are required to be fireproof. 873. When buildings may be non-fireproof. $74. One-story special buildings. Sec. 70. Occupancy. 1. Classes designated.-For the purposes of this chapter all buildings or structures shall be classified, with respect to occupancy and use, as public buildings, residence buildings and business buildings, as hereinafter specified and defined. 2. Public buildings.-Public buildings are buildings or parts of buildings in which persons congregate for civic, political, educational, religious or recreational purposes, or in which persons are harbored to receive medical, charitable or other care or treatment, or in which persons are held or detained by reason of public or civic duty, or for correctional purposes, including among others, court houses, schools, colleges, libraries, museums, exhibition buildings, lecture halls, churches, assembly halls, lodge rooms, dance halls, theatres, bath houses, hospitals, asylums, armories, fire houses, police stations, jails and passenger depots. 3. Residence buildings.-Residence buildings are buildings or parts of buildings in which sleeping accommodations are provided, except such as may for other reasons be classed as public buildings, including among others, dwellings, tenement houses, hotels, lodging houses, dormitories, convents, and studios and club houses having sleeping accommodations. 4. Business buildings.-Business buildings are buildings or parts of buildings, which are not public buildings or residence buildings, including among others, office buildings, stores, markets, restaurants, warehouses, freight depots, car barns, stables, garages, factories, laboratories, smoke houses, grain elevator and coal pockets. 5. Doubtful classifications.-In case any building is not specifically provided for or where there is any uncertainty as to its classification, its status shall be fixed by rule promulgated by the superintendent of buildings. 6. Mixed occupancy.-In case a building is occupied or used for different purposes in different parts, the provisions of this chapter applying to each class of occupancy shall apply to such parts of the building as come within that class; and if there should be conflicting provisions, the requirements securing the greater safety shall apply. $71. Construction. 1. Classes of construction. For the purposes of this chapter, all buildings or structures shall be classified, with respect to construction, as fireproof, non-fireproof and frame. 2. Fireproof.-Fireproof buildings or structures are those which are constructed throughout of materials that will resist the action of fire and are constructed as required in Article 17 of this chapter. 3. Non-fireproof.-Non-fireproof buildings or structures are those which do not conform to the requirements for fireproof buildings or structures, but which are enclosed with walls of approved masonry or reinforced concrete. 4. Frame.-Frame buildings or structures are those of which the exterior walls or any parts thereof are of wood, or which do not conform to the requirements for fireproof or non-fireproof buildings. $72. When buildings are required to be fireproof. 1. New buildings.Every building hereafter erected shall be a fireproof building, as follows: a. Every public building over 20 feet high, in which persons are harbored to receive medical, charitable or other care or treatment, or in which persons are held or detained under legal restraint; b. every other public building over 40 feet in height, or exceeding 5,000 square feet in area; c. every residence building, except tenements, over 40 feet in height and having more than 15 sleeping rooms; d. every tenement house exceeding six stories or parts of stories as provided in the Tenement House Law; e. every residence building having more than 15 sleeping rooms, and exceeding 2,500 square feet in area, unless divided by interior partition walls of approved masonry or reinforced concrete into sections of less than 2,500 square feet area; f. every other residence building over 75 feet in height; g. every business building exceeding fifty feet in height, used as a garage, motor vehicle repair shop or oil selling station within the fire limits or the suburban limits; every garage within the suburban limits exceeding 600 square feet in area or 15 feet in height, or not located as provided in § 91 of this chapter; and every garage, outside these restricted areas, over 40 feet in height; except that garages not exceeding story in height may have non-fireproof roofs, and garages not exceeding 2 stories in height may likewise have non-fireproof roofs, provided the same are covered on the inside with approved fire retarding material in all cases where motor vehicles, with volatile inflammable oil in their fuel tanks, are stored or kept on the upper floor. Window openings and outside doors in such garages removed at least 30 feet from the nearest exposure, may be non-fireproof. Adopted December 19, 1916, as amended July 3, 1917. i. every building over four stories in height used as a factory as defined in the Labor Law; j. évery building or structure within the fire limits or the suburban limits used as a grain elevator or a coal pocket; k. every business building over 75 feet in height; 1. every business building within the fire limits or the suburban limits which exceeds an area of 7,500 square feet when located on an interior lot or when facing on only one street, or 12,000 square feet when facing on two streets, or 15,000 square feet when facing on three or more streets, provided that when any such building is equipped throughout with an approved system of automatic sprinklers, fireproof construction shall be required only when the areas exceed double those herein specified for the respective conditions, and provided also that when any such building is divided by approved interior fire walls, fireproof construction shall be required only when any undivided area exceeds 7,500 square feet. Buildings of greater areas than herein specified for the respective conditions may, considering location and purpose, be constructed non-fireproof by special permission of the superintendent of buildings, provided they do not exceed two stories in height. 2. Alterations.-a. By extending. When any building now existing is to be enlarged by extending it on any side so that the enlarged building would exceed the limits of height or area specified in subdivision 1 of this section for a new building, the extension or enlargement shall be constructed fireproof, provided that, in case the existing building is not of fireproof construction, the existing and new portions of the building shall be separated by fire walls. b. By raising in height. No building now existing shall be raised in height so as to exceed the limits of height specified in subdivision 1 of this section unless it is fireproof. 873. When buildings may be non-fireproof. 1. New buildings.— Except when required by this article to be fireproof, or when permitted by Article 5 or Article 22 of this chapter to be frame, any building hereafter erected may be non-fireproof. 2. Alterations.-Except when required by this article to be fireproof, or when permitted by Article 5 or Article 30 of this chapter to be frame, any building which shall hereafter be enlarged in any manner, may be non-fireproof. 3. Special fire protection. In all non-fireproof buildings hereafter erected or hereafter altered or converted to be used as garages, motor vehicle repair shops or oil selling stations the columns and girders, unless of fireproof construction, and all wood floor and roof construction shall be covered and protected on all sides with such fire retarding materials and in such manner as may be prescribed by the rules of the Board of Standards and Appeals, except that when such buildings are not more than one story high, without basement or cellar, such protection shall not be required for the roof construction. garages, Existing non-fireproof buildings heretofore occupied as motor vehicle repair shops or oil selling stations shall not be required to comply with the provisions of this sub-division, except as may be specifically provided in rules hereafter adopted by the Board of Standards and Appeals. (New.) Adopted July 3, 1917. Became effective July 17, 1917. $74. One-story special buildings. Nothing in this article shall prohibit the use of sheet metal not less than No. 26 gauge in thickness, or other approved incombustible, weatherproof material of such character and thickness as may be prescribed by rules of the Board of Standards and Appeals, for the exterior walls of any building, irrespective of occupancy or location, except when otherwise specifically prescribed by this chapter; provided that such building is not more than one story high above the curb or the surrounding ground level, and that all sides, except for necessary window and door openings, and the roofs of such buildings are of the same material and construction, and provided further that the area does not exceed 1,250 square feet, and the side walls 15 feet in height. (New.) Adopted May 1, 1917. Became effective May 15, 1917. ARTICLE 5 RESTRICTED AREAS Sec. 90. Fire limits. § 91. Suburban limits. 92. Enlarging buildings. 93. Repair of damaged buildings. 94. Moving buildings. 95. Buildings in process of construction. 896. Frame buildings permitted. Sec. 90. Fire limits.-Except as otherwise specifically provided in this chapter, or as the same may be amended from time to time, no frame, wood or other combustible structure shall be hereafter built in the city within the following limits hereinafter referred to as the fire limits and no person shall maintain, occupy or use any such structure erected in violation of any provision of this ordinance: 1. In the borough of Manhattan: Beginning at a point on the North river at the Battery, and running thence northerly along the pierhead line to a point 100 feet north of the northerly side of Dyckman street; thence running easterly 100 feet north of and parallel to the northerly side of Dyckman street to a point 100 feet west of the westerly side of Seaman avenue; thence running northerly 100 feet west of and parallel to the westerly side of Seaman avenue to a point 100 feet south of the southerly side of W. 215th st.; thence running easterly 100 feet south of and parallel to the southerly side of W. 215th st., to a point |