Area of Refuge Code Requirements in New York: Signs and Penalties

Areas of refuge are required under the New York State Building Code in most multi-story buildings where stairways form part of the accessible means of egress, giving people with mobility impairments a protected space to wait for evacuation help. The rules for area of refuge requirements in New York sit in Section 1009 of the NYSBC, and they cover where these spaces must exist, how they’re built, how they’re marked, and how occupants inside them communicate with rescuers. New York City runs on its own building code and calls the same space an “area of rescue assistance,” but the substance is close to identical.

When a Building Needs an Area of Refuge

The NYSBC requires at least one accessible means of egress from every accessible space in a building. Where two or more means of egress are required, at least two must be accessible, and each must run continuously to a public way. Accessible egress can be built from accessible routes, interior exit stairways, elevators, ramps, and areas of refuge.¹

When a stairway is part of that accessible route, it must either incorporate an area of refuge inside an enlarged floor-level landing or be reached from a separate area of refuge that meets Section 1009.6.² The practical read: if occupants above or below the discharge floor can’t reach an exit without stairs, the building needs refuge areas, unless one of the exceptions below applies.

New York City buildings follow the NYC Building Code rather than the state code. The core requirements track closely, but enforcement runs through the Department of Buildings (DOB) and the Fire Department of New York (FDNY), and the penalty schedule is different.

Exceptions That Eliminate the Requirement

Several exceptions remove the obligation entirely, and the sprinkler exception in particular exempts a large share of newer commercial buildings. Before designing or retrofitting a refuge area, check whether any of these apply:

Buildings equipped throughout with an automatic sprinkler system do not need areas of refuge at stairways.
Areas of refuge are not required at exit access stairways when two-way communication is provided at the elevator landing instead.
Stairways serving open parking garages are exempt.
Group R-2 occupancies (apartment buildings) do not need areas of refuge at stairways.
Smoke-protected and open-air assembly seating configurations are exempt.
Stairways accessed from a refuge area connected to a horizontal exit are exempt.

These exceptions apply under both the NYSBC and the New York State Fire Code.² Even if the sprinkler exception removes the stairway requirement, the two-way communication requirement at elevator landings on each accessible floor above or below the level of exit discharge still applies.

How the Space Must Be Built

Each area of refuge must be separated from the rest of the floor by a smoke barrier or a horizontal exit, so occupants can breathe while waiting for rescue. Two situations don’t require the separate barrier: refuge areas located within an enclosed interior exit stairway (the stairway enclosure itself does the work) and outdoor facilities where exit access is essentially open to the outside.¹

Every refuge area must have direct access to an interior exit stairway or an elevator. That connection is the whole point of the space: staging people for assisted evacuation. Travel distance from any accessible space to a refuge area cannot exceed the exit access travel distance allowed for that occupancy type.

Wheelchair Capacity

Each refuge area must include one wheelchair space measuring 30 inches by 48 inches for every 200 occupants (or portion thereof) served by that area. A floor with 450 occupants needs three wheelchair spaces. Wheelchair spaces cannot reduce the minimum required width or capacity of the means of egress, and no wheelchair space can be blocked by more than one adjacent wheelchair space.¹ The 30-by-48-inch dimension matches the ADA minimum clear floor space for a forward or side approach.³

Access Path

The refuge area must be reachable from the spaces it serves through an accessible route. Doors along that path generally need a 32-inch clear opening. The NYSBC prohibits placing furniture, storage, or temporary construction materials where they would block access to a refuge area, and renovations cannot compromise the route, even temporarily, without an approved alternative.

Signage and Communication Requirements

Every door providing access to an area of refuge must carry a sign that reads “AREA OF REFUGE” with the international symbol of accessibility. Signs must have a nonglare finish with contrasting letters, must be illuminated, and must be paired with tactile signs using raised characters and Grade 2 braille. Tactile signs are mounted between 48 and 60 inches above the floor.⁴ Directional signs are required throughout the building where needed to point toward a refuge area, and every exit that does not provide accessible egress must be signed to redirect people who cannot use it.

Each refuge area must have a two-way communication system connecting it to the building’s fire command center or another central control point approved by the fire department. If that point is not constantly staffed, the system must include automatic telephone dial-out to an approved monitoring station or 911.¹ The system must produce both audible and visible signals. Instructions for use, directions for summoning help, and a written identification of the refuge location must be posted next to the device, using visual characters that comply with ICC A117.1.

Penalties for Noncompliance

Enforcement runs through local building departments and fire marshals across most of the state, and through the DOB and FDNY inside New York City. Penalty exposure differs by jurisdiction.

New York State

Under New York Executive Law Section 382, failing to correct a building code violation after receiving an order can result in fines of up to $1,000 per day, imprisonment of up to one year, or both. Minimum daily fines rise to $25 per day after 180 days and $50 per day after 360 days. Where a building alteration impedes egress during a fire or emergency evacuation, the owner and anyone involved in the alteration who knew about it face a separate civil penalty of up to $7,500.⁵

New York City

The DOB classifies violations into three tiers. Class 1 (immediately hazardous) violations must be corrected forthwith and carry penalties from $1,000 to $25,000 per violation, plus up to $1,000 per day uncorrected. Class 2 (major) violations must be corrected within 60 days and carry penalties up to $10,000 per violation plus up to $250 per month until corrected. Class 3 (lesser) violations must also be corrected within 60 days and carry fines up to $500 each; a Class 3 respondent can avoid a hearing entirely by submitting an acceptable certification of correction within that window.⁶ Each day a violation continues counts as a separate offense.

Aggravated penalties apply when the same condition was cited in a prior enforcement action within three years, or when the violation results in an accident, injury, or poses a substantial risk of either.⁷ Missing or noncompliant refuge areas in an occupied building are typically classified as Class 1 or Class 2 depending on the severity.

Liability Beyond Fines

Fines are often the smaller exposure. If an emergency occurs and someone is injured because refuge areas were missing or noncompliant, the code violation itself becomes evidence in personal injury litigation against the owner. Regulators can revoke occupancy permits and force a building to sit vacant until compliance is restored, and criminal prosecution is possible in extreme cases where negligence contributes to serious injury or death.

1
International Code Council. New York State Building Code – Chapter 10 Means of Egress
2
International Code Council. 2025 Fire Code of New York State – 1009.3.3 Area of Refuge
3
U.S. Access Board. Guide to the ADA Accessibility Standards – Chapter 3 Clear Floor or Ground Space and Turning Space
4
U.S. Access Board. Guide to the ADA Accessibility Standards – Chapter 7 Signs
5
New York State Senate. New York Executive Law Section 382 – Remedies
6
New York City Department of Buildings. New York City Rules 1 RCNY 102-01 – Violation Classification and Certification of Correction
7
New York City Department of Buildings. ECB Violation Resolution Guidelines Civil Penalty Fact Sheet