Fire Escape Leads To Courtyard: No Exit!

[Michael G.]

Okay folks, here are the details:

Three unit, three story building, in NJ has fire escapes on floors two and three on the rear side of the building. The fire escape leads into a courtyard which is shared with five buildings (3 residential, and 2 commercial). The three residential buildings have access to the courtyard while the larger commercial ones just border and basically enclose the outside area making it a courtyard. There is currently no way to escape the courtyard unless you a) go through one of the three residential buildings, and b) through a 1-foot wide space between one of the residential and commercial buildings (which i think cannot be considered a legal "pathway" or "means of egress".

To obtain higher rents from the first floor unit, we are looking to enclose our portion of the courtyard with a fence (8 feet tall) and build a decking system (elevated 6 inches off the dirt floor).

I'm worried about what the fire inspectors may say to this? Can the city (or state) tell me i am not allowed to build a fence due to the possibility of endangering the tenants who may use the fire escape should there be a fire? There was no way for them to escape the courtyard in the first place - how could this be an issue right?

My question to you is: Do you think putting up the fence will pose any issues?

PS: Area is old. My building and the neighboring buildings were built in the 1880s.