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Old 05-02-2011, 01:50 PM
 
Location: southwest TN
8,568 posts, read 18,041,558 times
Reputation: 16702

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Quote:
Originally Posted by lolerstomp View Post
How exactly is he endangering lives? I don't see why people act this way about basement apartments. There are thousands of 2 family homes in NY where the second floor only has one exit and they are legal apartments. How is that ok but basements not? Hell if there's a fire I would rather be in a basement with one exit over a second floor apartment with the same. At least then I could climb out a basement window rather than jump out a 2nd story window.

You can fit your body through a 2x4 window? I can't. You can get up and out a window that is at the 5' height? I don't think I can. Not without finding a step-ladder to get me up there. And I was in one of those illegal apt where the little window was up high - that's right, THE little window. The remainder of the apt had NO WINDOWS. And the only exit was a stairway through another apt. That stairway divided the basement apt in two, with the entrance to the stairway separated from the bedrooms by a kitchen - where the only window is located. Now, I don't know about you, but if I'm in the bedroom, entrance around the corner from the kitchen when a fire breaks out - logical/most likely origin is the kitchen - and there is NO WINDOW, how am I going to get either to the exit stairway or the window in the kitchen? That's not endangering a life?

Go ahead, tell me how the person is supposed to get out? Assume that it's a 13 yr old? (13 is the minimum age for a child to be home without an adult and we all know that you believe in obeying the law "that makes no sense TO YOU" so it would not be YOUR 10, 11, or 12 yr old home alone, right?) In fact, tell me how a 60 yr old is going to get out of that apt? Climb through the window?

How is the firefighter supposed to get INTO that tiny basement window to rescue someone? Is s/he supposed to remove that 60 lb of protective gear to squeeze through? And if s/he does, then there is your life endangered.

You aren't thinking. Jump out the 2nd story window? Why not climb down the fire truck ladder? Easier than squeezing through a window after racing through the fire to get to the only window. THINK. Hmmm, maybe there IS a reason for the laws. Just because you cannot think outside your own known world, doesn't mean there isn't a good reason.
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Old 05-02-2011, 02:29 PM
 
8,743 posts, read 18,321,531 times
Reputation: 4168
Well I would say that not all basement apts are created equal. My basement has 2 full size windows facing the yard (ground level), a smaller side window facing an alley between the buildings (probably 4 x 3 feet window size), and a direct exit to the backyard, a direct exit to the front of the building (private entrance under the staircase), and a direct entrance upstairs into the hallway. That would be 3 means of egress, excluding the windows. The ceiling heights are low, about 6 1/2 feet I would say.

So in this case creating a basement apt is not a fire hazard so long as none of these exits are blocked. But in many cases, people have basement apts which have only 1 means of egress, and high/small windows...and that's where the problem lies.
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Old 05-02-2011, 02:42 PM
 
Location: southwest TN
8,568 posts, read 18,041,558 times
Reputation: 16702
Exactly, Sobroguy. And that is why it is not automatically declined to give a permit for a basement apt. Some are ok, some are not. But the homeowner who just wants help paying the mortgage is not the one who gets to decide - an impartial and trained person IS the one who gets to decide.

If your apt is illegal and you know that, tough tootsies that you spent a lot of money rehabbing the apt and now the building inspector is on your case. I hope you get zapped. That might be my son or daughter who is the firefighter called to rescue someone from YOUR firetrap.
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Old 05-05-2011, 04:09 PM
 
1 posts, read 2,546 times
Reputation: 11
lol, ny annie is meeeean
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Old 05-06-2011, 06:17 AM
 
Location: Manhattan
25,345 posts, read 36,873,455 times
Reputation: 12748
I don't think demolition or fines are in order if you do not rent the place out. Who says a single family home cannot have a basement kitchen and a bath for a guest, or for himself when his wife gets testy, or just for an entertainment area, especially if it had kitchen and bath when you bought the place?
But as a rental, you need a C of O for the separate apartment...I wouldn't plan on renting it out as an illegal anymore because that cat seems to be out of the bag and she's watching you.

I HOPE you don't have a tenant living there now?

(My guess is the old tenant reported you to the DOB as a final act of revenge.)

Last edited by Kefir King; 05-06-2011 at 06:30 AM..
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Old 05-06-2011, 07:15 AM
 
979 posts, read 4,442,428 times
Reputation: 519
Quote:
Originally Posted by Kefir King View Post
Who says a single family home cannot have a basement kitchen and a bath for a guest, or for himself when his wife gets testy, or just for an entertainment area, especially if it had kitchen and bath when you bought the place?)
Unfortunately the Department of Buildings says so. All of the above would be illegal without considerable knee crawling and genuflecting at the DOB.
Regardless of what is living in the basement (or not) the violations would be the same.
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Old 05-09-2011, 07:05 AM
 
Location: Manhattan
25,345 posts, read 36,873,455 times
Reputation: 12748
Quote:
Originally Posted by modsquad81 View Post
Unfortunately the Department of Buildings says so. All of the above would be illegal without considerable knee crawling and genuflecting at the DOB.
Regardless of what is living in the basement (or not) the violations would be the same.
No, I doubt that you are correct.
It is rentable apartments that the city is concerned with, not basement space.
All basement space does not need to meet the standards of a rentable apartment and very few DO.
If one uses his basement for storage or for a workshop or merely to house a boiler, there is certainly no need for dual access.
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Old 05-09-2011, 08:18 AM
 
979 posts, read 4,442,428 times
Reputation: 519
Quote:
Originally Posted by kefir king View Post
If one uses his basement for storage or for a workshop or merely to house a boiler, there is certainly no need for dual access.
OR

Quote:
Originally Posted by kefir king View Post
who says a single family home cannot have a basement kitchen and a bath for a guest, or for himself when his wife gets testy, or just for an entertainment area,
So what are we talking about here?

A cellar or a basement?

a boiler room or a man cave?

As Hannibal Lector said, "You fly back to school, now, little Starling. Fly, fly, fly... "
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Old 03-09-2017, 06:20 AM
 
3 posts, read 5,725 times
Reputation: 10
It sounds like you have a cellar, not a basement. All work done in any home must be done by licensed contractors after being issued permits from the Dept of Bldgs. For nearly all homes in NYC that is not the case. And so when the DOB inspect they will usually write up a "work without a permit" violation.

The cheapest remedy is to attend the ECB hearings and pay the fines: usually about $1500 to the ECB and $1500 "Civil fine" to the DoB. Then you need to hire a licensed plumber to remove and cap all of the fixtures. You must tear down all walls. then you show proof to the DoB's AEU division. They will issue you a "certificate of correction".
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