Re: No Access to Fire Escape
They are in violation of fire department regulations, see:
http://www.fdnyfoundation.com/2007/09/high_rise.php
Call "311", explain the problem, and see if they'll connect you with the "buildings department" (code violation) or the "fire department" (fire code violations).
And the relevant fire dept code section:
Rules of the City of New York -
Title 3
Fire Department
§1025-01 Fire Escape Window Gates and Similar Security Devices For Secondary Means of Egress and Emergency Escape and Rescue Openings.
(a) Scope. This section sets forth standards, requirements and procedures for the design, installation, operation and maintenance of gates, bars, grilles, grates or similar devices placed over:
(1) windows and other openings onto fire escapes, as set forth in FC1025 and New York State Multiple Dwelling Law §53(1)(c);
(2) other required secondary means of egress in multiple dwellings, as set forth in New York State Multiple Dwelling Law §53(1)(c); and
(3) emergency escape and rescue openings, as set forth in FC1025.
(b) Definitions. The following term shall, for purposes of this section and as used elsewhere in the rules, have the meaning shown herein:
Window/egress gate. Any gate, bar, grille, grate or similar device placed over any window or other opening onto a fire escape, any required secondary means of egress in a multiple dwelling, or any emergency escape and rescue opening.
(c) General Provisions. (1) Compliance with provisions of law. All window/egress gates shall be designed, installed and maintained in compliance with the requirements of FC Chapter 10, the Building Code and the New York State Multiple Dwelling Law.
(2) Certificate of approval required. All window/egress gates shall be of a type for which a certificate of approval has been issued.
(d) Design and Installation Requirements. Window/egress gates shall be designed installed in a manner that:
(1) does not reduce the required dimensions of the window or other opening;
(2) does not prevent or impede the proper operation or free movement of the window or other opening;
(3) is without projections that can snag the clothing of those escaping through the opening;
(4) does not swing up to open;
(5) is readily openable from the inside of the building or structure with no more than one releasing operation, and without the use of a tool, key or special knowledge or effort;
(6) will readily open manually even if springs or other automatic actuating devices used to assist in the release operation do not operate properly or at all;
(7) unlatches upon the application of the following force:
(A) For finger-actuated or hand-actuated system, a force of not more than five (5) pounds.
(B) For foot-actuated systems, a force of not more than 15 pounds.
(C) For foot-actuated systems designed to be operated by a kick, a force of not more than the impact of swinging a 25-pound weight on a four-foot pendulum over a horizontal distance of ten (10) inches;
(8) once unlatched, opens upon the application of the following force: (A) To set the window/egress gate in motion, a force of not more than 30 pounds.
(B) To open the window/egress gate to the minimum width of the opening, a force of not more than 15 pounds;
(9) attaches to the jamb of the window or other opening with standard wood or sheet metal screws only. No other fastening devices shall be used. The depth of the actual screw anchorage shall be no more than one (1) inch; and
(10) leaves one-quarter (1/4) of an inch continuous space with a depth of at least three- quarters (3/4) of an inch between the window/egress gate and the frame of the window or other opening for the entire height of the window/egress gate.
(e) Operational and Maintenance Requirements. Window/egress gates shall be operated and maintained in compliance with the following requirements:
(1) Window/egress gates shall not be obstructed in a manner that would prevent or impede access to, or the proper operation or free movement of, such device.
(2) Window/egress gates shall be maintained in good working order. They shall be checked for proper operation at least once every six (6) months.
(3) Window/egress gates shall be permanently marked, labeled or tagged with the certificate of approval number and the name, address and telephone number of the manufacturer.
(4) The manufacturer of the window/egress gate shall provide printed installation and operating instructions with each such device. Such instructions shall set forth how to install and initially test the window/egress gate, how to operate the window/egress gate in order to exit through the window or other opening, and any required periodic testing and maintenance. When the window/egress gate is installed by a person other than an occupant of the dwelling unit or other space in which such device is installed, or other end user, the installer shall provide a copy of such instructions to such occupant or other end user.
Re: No Access to Fire Escape
Thanks. What are my remedies if she refuses to fix? I can I have them fixed and withhold the cost from rent?
Re: No Access to Fire Escape
Quote:
Quoting
chip
Thanks. What are my remedies if she refuses to fix? I can I have them fixed and withhold the cost from rent?
If you called the authorities, violations would certainly be issued, either by the buildings or fire departments, the LL would have to repair them, or further penalties would ensue. She would be hit with heavy fines, and furthermore won't be able to sell the property with violations in place. If you read the code section I cited, the gate you have is absolutely illegal, and potentially deadly.
Off hand, I don't know if there all criminal sanctions for ignoring these violations. At this point, I wouldn't go rip it out, but give the authorities or LL to take action. Post back here in 30 days if you have further problems.
One potential problem of you repairing it, and charging the landlord, is it is most likely prohibited in your lease, as a repair not authorized by the landlord, so she won't have to legally re-imburse you.
One drastic remedy is authorities can condemn a property if a dangerous situation exists, such as blocked fire escapes, and evict tenants under "emergency dispossess". This is an extreme remedy, and might affect you adversely, so I would be careful here.
These special provisions were made for fire escape gates because people had been killed in fires precisely because they were blocked from escaping, particularly from the type of gate you have.
Re: No Access to Fire Escape
One more thought.
You might want to print out what I posted, the fire code section, and attached them to a certified letter to your landlord. She either is NOT aware of the law, many people aren't, or she'll figure that if you know so much about it, you'll inform the authorities.
You might want to do this before filing a formal complaint, which may result in some unpleasant remedies sought by the city, such as "emergency dispossess". If you want to call in a complaint, though, you can do it via "311", and they'll hook you up to the appropriate department..
Re: No Access to Fire Escape
Thanks (+ more characters).