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NY State finished basement legalization. EERO vs egress...

Bill Seegmuller

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Sep 20, 2018
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I'm looking at a set of plans for the legalization of a finished basement (NY state codes). The basement has stairs going up to the first floor which are too narrow to be considered egress. They also have a stair leading up to a door to the exterior, which meets the egress criteria. However, they do not have an EERO.

Can the egress door to the exterior be considered the egress AND the EERO? Or do they have to be separate entities? I am searching through the code, but having no luck finding this information.
 
Read the NY wording

Does it say something like eero/ window,,
Or door directly to the outside??
 
Once you start up the stairs, you are out of EERO world. 44 inches above the floor, maximum. Ladders and steps are only for the area/window wells.

The purpose of the EERO is as a SECOND option directly to the exterior, when your primary egress is not longer an option. So by nature it can't be one in the same.
 
Read the NY wording

Does it say something like eero/ window,,
Or door directly to the outside??
[RB] EMERGENCY ESCAPE AND RESCUE OPENING. An operable exterior window, door or similar device that provides for a means of escape and access for rescue in the event of an emergency.

"R310.1 Emergency escape and rescue opening required. Basements, habitable attics and every sleeping room shall have not less than one operable emergency escape and rescue opening."

"R311.1 Means of egress. Dwellings shall be provided with a means of egress in accordance with this section. The means of egress shall provide a continuous and unobstructed path of vertical and horizontal egress travel from all portions of the dwelling to the required egress door without requiring travel through a garage."

So, an EERO can be a door. The only egress/EERO in this basement is a door to outside...so the question remains: can the egress door also be the required EERO for this basement?
Once you start up the stairs, you are out of EERO world. 44 inches above the floor, maximum. Ladders and steps are only for the area/window wells.

The purpose of the EERO is as a SECOND option directly to the exterior, when your primary egress is not longer an option. So by nature it can't be one in the same.
I agree. Thank you for the reply!
 
Does New York use the International Existing Building Code? It has provisions to allow existing stairs which don't meet current codes to remain in some instances. 30" or 32" wide stairs used to be common in residences until furniture movers got the CABO (forerunner of the IRC) code to increase then to 36"
 
See if your code has


2, 2.2

R310.1 Emergency Escape and Rescue Opening Required

Exceptions:
  1. Storm shelters and basements used only to house mechanical equipment not exceeding a total floor area of 200 square feet (18.58 m2).

  2. Where the dwelling or townhouse is equipped with an automatic sprinkler system installed in accordance with Section P2904, sleeping rooms in basements shall not be required to have emergency escape and rescue openings provided that the basementhas one of the following:
    1. 2.1. One means of egress complying with Section R311 and one emergency escape and rescue opening.
    2. 2.2. Two means of egress complying with Section R311.
 
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