Finger Lakes Building Officials, Inc.

An Affiliated Member of the New York State Building Officials Conference

May 23, 2003

RE: Exterior steps within legal open space
9 NYCRR 606.3(a)(138)

This is in response to your question regarding the construction requirements for exterior steps within legal open space. You are correct that the Uniform Fire Prevention and Building Code (Uniform Code) does not apply within the legal open space, but only applies along the path to get to the legal open space.

Section765.1(b) requires that safe continuous exit shall be provided from the interior of the building or structure to a street or other legal open spaces at grade level connected to a street. Railings, curbs, or other effective barriers shall be provided to insure that automobile parking or other obstruction does not encroach on the space required for exit travel.

Section 606.3(a)(138), defines the term MEANS OF EGRESS, as a continuous and unobstructed way of exit travel from any point in a building or structure to a public way and consists of three separate and distinct parts: (i) the way of exit access; (ii) the exit; and (iii) the way of exit discharge. This section also states that a means of egress comprises the vertical and horizontal ways of travel and shall include intervening room spaces, doorways, hallways, corridors, passageways, balconies, ramps, stairs, enclosures, lobbies, escalators, horizontal exits, courts and yards. Section 606.3(a)(123) defines the term LEGAL OPEN SPACE, as open space on the premises, such as yards or courts, or an open space at least 25 feet wide permanently dedicated to public use which abuts the premises.

The reason for the code sections applicable to exits and means of egress is to provide a path of travel that is safe for the general public and accessible to the physically disabled to a distance which is far enough from the building to provide public safety during an emergency such as a fire. The Uniform Code provides that the way of exit discharge shall be regulated from the door of the building to the legal open space. The Uniform Code does not regulate exterior steps or walkways within the legal open space.

This advisory opinion is rendered based upon the information provided. Administration and enforcement of the code are within the jurisdiction of the local authority. If you have questions regarding this advisory, please call me at (518) 474-4073.
Sincerely,

Cheryl A. Fischer, P.E.
Assistant Director for Code Interpretation
Codes Division
Al03-098

Finger Lakes Building Officials Association, Inc.
3100 Atlantic Ave.
Penfield, NY 14526