A.Â
Scope. The provisions of this article shall govern
the minimum conditions and standards for light, ventilation and space
for occupying a structure.
B.Â
Responsibility. The owner of the structure shall provide
and maintain light, ventilation and space conditions in compliance
with these requirements. A person shall not occupy as owner-occupant,
or permit another person to occupy, any premises that do not comply
with the requirements of this article.
General. The following words and terms shall,
for the purposes of this article and as stated elsewhere in this chapter,
have the meanings shown herein:
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces
and similar areas are not considered habitable spaces.
That part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
The natural or mechanical process of supplying conditioned
or unconditioned air to, or removing such air from, any space.
A.Â
Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total window area, measured between stops, for every habitable space shall be 8% of the floor area of such room, except in kitchens where artificial light is provided in accordance with the provisions of the building code listed in Article VIII. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.
B.Â
Common halls and stairways. Every common hall and
stairway, other than in one- and two-family dwellings, shall be lighted
at all times with at least a sixty-watt standard incandescent light
bulb or equivalent for each 200 square feet (19 m2) of floor area, provided that the spacing between lights shall not
be greater than 30 feet (9144 mm). Every exterior stairway shall be
illuminated with a minimum of 1 footcandle (11 lux) at floors, landings
and treads.
C.Â
Other spaces. All other spaces shall be provided with
natural or artificial light sufficient to permit the maintenance of
sanitary conditions and the safe occupancy of the space and utilization
of the appliances, equipment and fixtures.
A.Â
Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45% of the minimum glazed area required in § 186-22A.
B.Â
Bathrooms and toilet rooms. Every bathroom and toilet
room shall comply with the ventilation requirements for habitable
spaces as required by Section PM-404.1,[1] except that a window shall not be required in spaces equipped
with a mechanical ventilation system that complies with the following:
(1)Â
Air exhausted by a mechanical ventilation system from
a bathroom within a dwelling unit shall be exhausted to the exterior
and shall not be recirculated to any space, including the space from
which such air is withdrawn.
(2)Â
Air exhausted by a mechanical ventilation system from
all other bathrooms or toilet rooms shall be exhausted to the exterior
without recirculation to any space, or not more than 85% of the exhaust
air shall be recirculated where the system is provided with effective
absorption and filtering equipment.
[1]
Editor's Note: This reference refers to the
BOCA National Property Maintenance Code, 1996.
C.Â
Cooking facilities. Unless approved through the certificate
of occupancy, cooking shall not be permitted in any rooming unit or
dormitory unit, and a cooking facility or appliance shall not be permitted
to be present in a rooming unit or dormitory unit; exception: where
specifically approved in writing by the Code Official.
D.Â
Process ventilation. Where injurious, toxic, irritating
or noxious fumes, gases, dusts or mists are generated, a local exhaust
ventilation system shall be provided to remove the contaminating agent
at the source. Air shall be exhausted to the exterior and not be recirculated
to any space.
E.Â
Clothes dryer exhaust. Clothes dryer venting systems
shall be independent of all other systems and shall be vented in accordance
with the manufacturer's instructions.
A.Â
Privacy. Dwelling units, hotel units, rooming units
and dormitory units shall be arranged to provide privacy and be separate
from other adjoining spaces.
B.Â
Access from sleeping rooms. Sleeping rooms shall not
constitute the only means of access to other sleeping rooms or habitable
spaces; exception: dwelling units that contain fewer than two bedrooms.
C.Â
Area for sleeping purposes. Every room occupied for
sleeping purposes by one occupant shall contain at least 70 square
feet (6.5 m2) of floor area, and every
room occupied for sleeping purposes by more than one person shall
contain at least 50 square feet (4.6 m2) of floor area for each occupant thereof.
D.Â
Water closet accessibility. Every bedroom shall have
access to at least one water closet and one lavatory without passing
through another bedroom.
E.Â
Overcrowding. Dwelling units shall not be occupied
by more occupants than permitted by the minimum area requirements
of Table 1.
Table 1
| ||||
---|---|---|---|---|
Minimum Area Requirements
| ||||
Minimum Area
in Square Feetb
| ||||
Space
|
1 to 2 Occupants
|
3 to 5 Occupants
|
6 or More
| |
Living rooma
|
No requirements
|
120
|
150
| |
Dining rooma
|
No requirements
|
80
|
100
| |
Kitchen
|
50
|
50
|
60
| |
Bedrooms
|
Shall comply with § 186-24C
|
NOTES:
| ||||
a
|
See § 186-24F for combined living room/dining room spaces.
| |||
b
|
Note 1 square foot = 0.093 m2.
|
F.Â
Combined spaces. Combined living room and dining room
spaces shall comply with the requirements of Table 1 if the total
area is equal to that required for separate rooms and if the space
is located so as to function as a combination living room/dining room.
G.Â
Prohibited occupancy. Kitchens, nonhabitable spaces
and interior public areas shall not be occupied for sleeping purposes.
H.Â
Minimum ceiling heights.
(1)Â
Habitable spaces, hallways, corridors, laundry areas,
bathrooms, toilet rooms and habitable basement areas shall have a
clear ceiling height of not less than seven feet (2134 mm).
(2)Â
Exceptions:
(a)Â
In one- and two-family dwellings, beams or girders
spaced not less than four feet (1219 mm) on center and projecting
not more than six inches (152 mm) below the required ceiling height.
(b)Â
Basement rooms in one- and two-family dwellings
occupied exclusively for laundry, study or recreation purposes, having
a ceiling height of not less than six feet eight inches (2033 mm)
with not less than six feet four inches (1932 mm) of clear height
under beams, girders, ducts and similar obstructions.
(c)Â
Rooms occupied exclusively for sleeping, study
or similar purposes and having a sloped ceiling over all or part of
the room, with a clear ceiling height of at least seven feet (2134
mm) over not less than 1/3 of the required minimum floor area. In
calculating the floor area of such rooms, only those portions of the
floor area with a clear ceiling height of five feet (1524 mm) or more
shall be included.
I.Â
Minimum room widths. A habitable room, other than
a kitchen, shall not be less than seven feet (2134 mm) in any plan
dimension. Kitchens shall have a clear passageway of not less than
three feet (914 mm) between counterfronts and appliances or counterfronts
and walls.
J.Â
Food preparation. All spaces to be occupied for food
preparation purposes shall contain suitable space and equipment to
store, prepare and serve foods in a sanitary manner. There shall be
adequate facilities and services for the sanitary disposal of food
wastes and refuse, including facilities for temporary storage.