Can someone seal off a fire door? I need legal advice!?

Question

I have a retail store that has an apartment above it. The entrance to this apartment is from a stairway that is a storefront down. The owners of that building have 6 apartments the stairs lead too, plus my apartment. Somewhere in the history of the building an entrance was made to my apartment through a fire door between the 2 buildings. The previous owner of my building had lifetime rights to live rent free in my apartment. He since died. I am renting this apartment to my son now.

The owners of the store with the stairway say they don't want me to use their stairs. I told them that there is no other entrance possilbe for this apartment, but I would really try to think of a solution. They agreed. My son told me that they knocked on his door this morning and asked if we were making a new entrance (it really is impossilbe) because they were going to "seal" the fired door up. I doubt that sealing a fire door and the only entrance and escape to our apartment is legal. Is it?

This is THE ONLY access to this apartment. It was written into the abstract itself for the gentleman to have lifelong rights to live in our apartment rent free. There may have been another entrance at one time, but it has been this way for as long as any of the owners/ renters remember. One person said that about 50 years ago it was a two story furniture store, then the owner made an apartment above and the only access was throught this fire door. It even has the apartment number on the door, and a hallway right to it. So it has been this way for at least 50 years. We purchased the building with knowledge and being told this was the access. It is nothing new to the stairway owners.

Answer 1

quick like a bunny ---pick up the phone and call the Fire Dept ....(NOT 911) the admin #.

Tell them what is happening....i can guarantee you if these people seal that door, they will recieve a Large Fine as well as probably get taken to court and they will have to incur the cost of putting it back to the way it was.

The fire Dept and the building depts have determined that there MUST BE a Fire Door there. If there was not, there would be a loss of life.

get on this quick....good luck :)

Answer 2

So does he have to go through the store to get out of the apartment or do the stairs belong to the other store owner? So your apartment only as access from the same staircase that the other 6 apartments use? I mean, I don't understand how they can do that. They need to understand that this is like you have BOUGHT this apartment, not renting it, and since there was a contract for the gentelman before to live thier rent free there was nothing that said once he passed on. I have a feeling, unless the apartment was made at the same time as the other apartments in the building, that most likely you do have stairs to it, they are just behind a wall now, in both directions. Coming from the downstairs and the upstairs. Again, unless there was only one stairwell built for the both buildings. If that is the case, he cannot stop you from using the stairs. Especially, if it is the only way in and out, and if those are fire stairs, which you having a fire door, makes it sound like it is. If it is really bad, I would take it to a lawyer. I would also see if you can find the plans for the building, for the orginal building of them.

Answer 3

If your lease includes the square footage of the apartment above the store, then your landlord is the one that needs to provide the "impossible" access to your son's apartment. I can completely understand that the store owner doesn't want you to use their stairs as it adds to his liability. It is completely legal for him to seal a door into or out of his own property if it doesn't break any fire codes or zoning laws much like it is completely legal for the landlord of your building to build a door to access a second story apartment (which apparently hasn't been necessary until now). If your son's apartment has no other access besides the one door, how can the one door be considered a fire door?

Answer 4

No it isn't legal to fasten shut fire doors. You can get doors which lock from the outside for safety but can be opened on the inside in case of fire. They have a ceramic tube which you break with a hammer to get out in a fire.

Answer 5

after you handle the immediate issue, you need to address the issue of continued access to that floor in your building.

This is likely to require the services of legal counsel with experience in real estate in this area. [you didn't say where this is.]


I have never previously heard of a building that does not provide its own access to upper stories. Something is strange here which suggests unusual elements in the legal history of the building and possible access rights whether the store owners wish to continue such access or not.


GL

Answer 6

I would make an appointment with the County Fire Marshal to come by and inpect the place. Ask if there is a fee for this. But better to be safe than sorry especially if there's a fire or other emergency and no one will hold you liable because it was already checked.

Answer 7

Good answers so far guys!...fire exits save lives and if you are trapped the last thing you need is to trip over a box or rubbish blocking the escape route, let alone a SEALED door!....it is highly illegal, no exceptions. Call them now. It may save lives tonight! You never know and nobody would want that on their conscience, if they have their head on right and you clearly do. Good luck...x

Answer 8

No. Fire doors can not be 'sealed' or even blocked by debris or boxes etc. They must be kept clear and in working order. They are there for a reason.

Listen to the other posters and contact your fire dept or fire marshal.

Answer 9

Contact your local Fire Marshall immediately. this is not legal and they will be in big trouble if they do this.

Answer 10

probably not. Talk to your local building inspector.