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

Area of refuge code requirements in New York are set by Section 1009 of the New York State Building Code, which obligates most multi-story buildings to provide designated spaces where people with mobility impairments can wait safely for evacuation assistance, separated from smoke and fire. The rules cover when a refuge area is required, how it must be built and sized, what signs and communication equipment it needs, and what owners face if they fail to comply. New York City enforces a close parallel through its own building code, where the same spaces are called “areas of rescue assistance.”

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 that path has to remain continuous all the way to a public way.¹

When a stairway forms part of that accessible route, the code requires either an area of refuge built into an enlarged floor-level landing within the stairway, or a separate area of refuge meeting Section 1009.6 standards that gives access to the stair.² In plain terms, if occupants above or below the ground floor cannot leave the building without using stairs, the building needs refuge areas.

New York City operates under its own building code rather than the NYSBC. The core requirements closely parallel the state code, but NYC adds enforcement through the Department of Buildings (DOB) and the Fire Department of New York (FDNY).

Exceptions That Eliminate the Requirement

Not every building actually needs refuge areas, and this is where owners often save substantial money by reading the code carefully. Several exceptions apply under both the NYSBC and the State Fire Code:²

Buildings equipped throughout with an automatic sprinkler system. This is the most common exception and covers a large share of newer commercial construction.
Exit access stairways where two-way communication is provided at the elevator landing instead.
Open parking garages.
Group R-2 occupancies, which include most apartment buildings.
Smoke-protected or open-air assembly seating.
Stairways accessed from a refuge area connected to a horizontal exit.

Before investing in refuge area construction, confirm whether the building qualifies for one of these carve-outs. The sprinkler exception alone exempts a significant portion of modern commercial buildings. One boundary worth noting: even when the sprinkler exception removes the stair-side requirement, two-way communication is still required at elevator landings on each accessible floor above or below the level of exit discharge.

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 inside can breathe while waiting for help. Two situations avoid the separate smoke-barrier requirement: refuge areas located within an enclosed interior exit stairway are protected by the stairway enclosure itself, and outdoor facilities essentially open to the air do not need the barrier.¹

Every refuge area must have direct access to either an interior exit stairway or an elevator, because the entire point of the space is staging for assisted evacuation. Travel distance from any accessible space to a refuge area cannot exceed the exit access travel distance allowed for the occupancy type. In buildings with several stairwells, refuge areas should be distributed so no one has to cross an unreasonable distance to reach one.

Size and Wheelchair Capacity

Each refuge area must provide one wheelchair space of 30 inches by 48 inches for every 200 occupants (or portion thereof) served by that area.¹ A floor with 450 occupants needs three wheelchair spaces. These 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. The 30-by-48 dimension matches the ADA’s minimum clear floor space.³

Signage

Every door into an area of refuge must have an illuminated sign reading “AREA OF REFUGE” with the international symbol of accessibility, in nonglare finish with contrasting characters. Tactile signs with raised characters repeated in Grade 2 braille are also required, mounted between 48 and 60 inches above the floor.⁴

Directional signs must appear throughout the building wherever needed to show the way to a refuge area, and signs must be posted at every exit that does not provide an accessible means of egress, so a person who cannot use that exit knows where to go instead.

Two-Way Communication

The two-way communication system is what separates a true area of refuge from an ordinary waiting space. Each refuge area must have one, connecting 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 capability to an approved monitoring station or 911.¹

Signals must be both audible and visible so the system works for people with hearing impairments. Directions for using the device, instructions for summoning assistance, and written identification of the location must be posted next to it, and that signage must comply with ICC A117.1 standards for visual characters.

Enforcement and Inspections

Outside New York City, local building departments and fire marshals enforce the requirements through inspections at construction, major renovation, and periodic safety audits, with the Department of State’s Division of Building Standards and Codes handling compliance investigations when complaints allege a direct safety risk.

In New York City, DOB and FDNY share jurisdiction. DOB sorts violations into three classes. Class 1 (immediately hazardous) must be corrected “forthwith.” Class 2 (major) and Class 3 (lesser) violations must be corrected within 60 days of the notice. A Class 3 respondent can avoid a hearing entirely by filing an acceptable certification of correction within that window.⁵ Missing or noncompliant refuge areas in an occupied building typically fall into Class 1 or Class 2 depending on the circumstances. A workplace with no accessible means of egress on upper floors is a different problem from a minor signage defect, and the classification reflects that.

Penalties for Noncompliance

Statewide

Under New York Executive Law Section 382, anyone who fails to correct a building code violation after receiving an order can face fines of up to $1,000 per day of violation, imprisonment of up to one year, or both. After 180 days, the minimum daily fine rises to $25 per day, and after 360 days to $50 per day. 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 $7,500.⁶

New York City

NYC’s tiered fines run higher. Immediately hazardous Class 1 violations carry penalties of $1,000 to $25,000 per violation, plus up to $1,000 per day until corrected. Class 2 major violations run up to $10,000 per violation plus up to $250 per month until corrected. Class 3 lesser violations can bring fines of up to $500 each. Each day a violation continues counts as a separate offense, so the totals compound quickly.

The DOB penalty schedule separates standard, aggravated, and default penalties. 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 or injury or poses a substantial risk of either.⁷

Liability Beyond Fines

Fines are often the smallest exposure. If an emergency occurs and someone is injured because refuge areas were missing or noncompliant, the code violation itself becomes powerful evidence of negligence in personal injury litigation. Regulators also have authority to revoke occupancy permits, forcing a building to stay vacant until it complies. Criminal prosecution is possible in extreme cases where the failure contributes directly 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 City Department of Buildings. New York City Rules 1 RCNY 102-01 – Violation Classification and Certification of Correction
6
New York State Senate. New York Executive Law Section 382 – Remedies
7
New York City Department of Buildings. ECB Violation Resolution Guidelines Civil Penalty Fact Sheet