A.
A building occupied in whole or in part, as defined
in this chapter, shall comply with the requirements hereinafter set
forth concerning occupancy, size, light and ventilation in order to
provide a safe and healthful environment.
B.
The term "accessory use" shall have a uniform meaning
and shall apply in the same manner and under the same conditions or
restrictions to all residential buildings.
For the purpose of this chapter, buildings shall
be classified in respect to their occupancies as follows:
A.
One- and two-family dwellings.
(1)
One-family dwelling when rental premises.
(2)
One-family dwelling occupied by the owner and where
rooms are rented to two or more lodgers, with or without meals.
(3)
Two-family dwelling wherein one dwelling unit is rented.
(4)
Two-family dwelling wherein both units are rented.
(5)
Two-family dwelling wherein lodging units are rented
to two or more lodgers, with or without meals in any one unit.
B.
Multiple dwellings.
(1)
Buildings containing one or two dwelling units with
more than four lodgers with a family in either one of such dwelling
units.
(2)
Buildings containing three or more dwelling units.
(3)
Apartment houses.
(4)
Lodging houses.
(5)
Building with sleeping accommodations for more than
five persons used or occupied as a club, dormitory, fraternity or
sorority house or for similar uses.
(6)
Garden apartments.
C.
Accessory structures: garages, carports, storage sheds
and similar-type structures on residential premises.
A.
In dwelling units, the maximum number of occupants
shall be limited to the number determined on the basis of the floor
areas of habitable rooms, other than kitchens, as follows:
B.
In lodging units, the maximum number of occupants
shall be limited to the number determined on the same basis as for
dwelling units.
C.
In buildings occupied as clubs, dormitories or sorority
or fraternity houses and providing sleeping accommodations for more
than five persons, the maximum number of occupants so accommodated
in any habitable room shall be limited to the number determined on
the basis of the floor area, in square feet, of the room divided by
50 square feet per occupant.
A.
It shall be prohibited to use for sleeping purposes
any kitchen, nonhabitable space or common or public space.
B.
It shall be prohibited, in lodging houses, to use
for dining purposes any communal kitchen containing less than 100
square feet of floor area or any nonhabitable space or public space
other than dining space.
C.
It shall be prohibited to prepare or eat meals in
lodging units.
D.
It shall be prohibited to use any cellar space as
habitable space.
A.
Size.
(1)
Habitable space shall have a minimum ceiling height
of seven feet six inches over 50% of the floor area, and the floor
area where the ceiling height is less than five feet shall not be
considered in computing floor area.
(2)
A dwelling unit shall contain at least one habitable
room having a minimum of 150 square feet of floor area and a minimum
horizontal dimension of 10 feet.
(3)
Kitchens shall have a minimum of 60 square feet of
floor area, and other habitable spaces shall contain not less than
80 square feet of floor area and shall have a minimum horizontal dimension
of seven feet.
(4)
Every alcove less than 60 feet in area, except a cooking
space or foyer, shall be deemed to be part of a habitable room. The
area of the opening in the dividing partition between the alcove and
the room shall be at least 80% of the wall area of such partition,
measured on the alcove side, but not less than 40 square feet. The
depth of such alcove shall not exceed 1/2 its width. The floor area
of the alcove shall be added to the floor area of the room in determining
light and ventilation requirements for the room. An alcove with an
area of 60 square feet or more but less than the required area of
a habitable room shall be separately lighted and ventilated as required
for habitable space.
B.
Basements. Basements shall not be deemed habitable
space where required windows are located only on one wall and the
depth of the basement space exceeds four times that portion above
grade.
C.
Light and ventilation.
(1)
Habitable space shall be provided with natural light
through one or more windows, skylights, transparent or translucent
panels or any combinations thereof. The amount of light shall be equivalent
to that transmitted through clear glass equal in area to 8% of the
floor area of the habitable space.
[Amended 12-15-1993 by L.L. No. 13-1993]
(2)
Habitable space shall be provided with electric light.
(3)
Habitable space shall be provided with natural ventilation
through openable parts of windows or other openings in exterior walls
that face legal open spaces above the adjoining finished grade or
above a roof or through openable parts of skylights, providing total
clear ventilation area equal to not less than 4% of the total floor
area of each habitable space.
[Amended 12-15-1993 by L.L. No. 13-1993]
(4)
Habitable space may also be provided with mechanical
ventilation, in addition to natural ventilation.
D.
Miscellaneous requirements.
(1)
Separation of dwelling units, sleeping rooms and lodging
units.
(a)
Dwelling units shall be separated from each
other in accordance with New York State Uniform Fire Prevention and
Building Code requirements.
(b)
Sleeping rooms with dwelling units shall be
separated from each other and from other spaces outside the sleeping
rooms in accordance with the New York State Uniform Fire Prevention
and Building Code to provide privacy.
(c)
Lodging units shall be separated from each other
and from other spaces outside the lodging units in accordance with
the New York State Uniform Fire Prevention and Building Code requirements.
(2)
A communal kitchen or dining room in a lodging house
shall be accessible to the occupants sharing such kitchen or dining
room without going through a dwelling unit or lodging unit of another
occupant.
A.
Height. Common space shall have a minimum height of
seven feet six inches, measured from finished floor to finished ceiling.
B.
Light and ventilation.
(1)
Common spaces shall be provided with electric light.
(2)
In public stairs, stairways and passageways, artificial
light shall be electric lighting available at all times so as to afford
safe passage for occupants and users. Such lighting shall conform
to the following:
(a)
Incandescent lighting shall be based on not
less than 1/4 watt per square foot of floor area, except that each
fixture shall have a lamp or lamps with a total of not less than 25
watts.
(b)
Fluorescent lighting shall be based on not less
than 1/10 watt per square foot of floor area, except that each fixture
shall have a lamp or lamps of a total of not less than 15 watts.
(3)
Common spaces shall be provided with either natural
ventilation, conforming to the requirements for habitable space, or
with mechanical ventilation.
A.
Height. Nonhabitable space, except crawl spaces and
attics in multiple dwellings, shall have minimum height of seven feet,
measured from floor to ceiling.
B.
Bathrooms and toilet rooms.
(1)
Toilet rooms and bathrooms in one- and two-family
dwellings shall be so constructed as to provide privacy.
(2)
Toilet rooms and bathrooms for dwelling units in multiple
dwellings shall be located within the dwelling units and shall be
accessible from any sleeping room without passing through any other
sleeping room.
(3)
Unless located within dwelling units or directly connected
with sleeping rooms, toilet rooms and bathrooms in multiple dwellings
shall be provided in each story containing habitable space and shall
be accessible thereto.
(4)
Toilet rooms for employees in multiple dwellings shall
be in separate rooms for each sex where there are five or more employees,
shall be readily accessible to such employees and shall not open directly
into any common kitchen or other common space used for the cooking
or preparation of food.
(5)
In one- and two-family dwellings, bathrooms and toilet
rooms shall be provided with floors of moisture-resistant material.
(6)
In multiple dwellings, floors of bathrooms, toilet
rooms and similar spaces shall be waterproof; such waterproofing shall
extend six inches or more above floor level except at doors, so that
floors can be flushed or washed without leaking occurring.
C.
Light and ventilation.
(1)
Kitchenettes, bathrooms and toilet rooms shall be
provided with electric light appropriate for the use of such rooms.
(2)
Laundry rooms, furnace rooms and similar nonhabitable
space shall be provided with electric light appropriate for the intended
use of such rooms.
(3)
Stairs shall be provided with electric light to allow
safe ascent or descent.
(4)
Kitchenettes, bathrooms and toilet rooms shall be
provided with ventilation in accordance with either of the following:
(a)
Natural ventilation as required for habitable
space, except that such openable areas shall be not less than 1 1/2
square feet for bathrooms or toilet rooms and not less than three
square feet for kitchenettes.
(b)
Mechanical ventilation exhausting not less than
25 cubic feet per minute (cfm) for bathrooms and toilet rooms and
not less than 100 cfm for kitchenettes.
(5)
Spaces in multiple dwellings which contain central-heat-producing,
air-conditioning and other equipment shall be ventilated to the outer
air, and air from these spaces shall not be recirculated to other
parts of the building.
(6)
Ventilation shall be provided in unheated attics,
spaces below flat roofs and crawl spaces. Location and net areas of
ventilation openings shall be such as to minimize deterioration of
structural members from condensation or other causes, in conformity
with generally accepted standards.
A.
Stairs, both interior and exterior, shall be of sufficient
width in conformity with generally accepted standards so as to serve
the occupants.
B.
Railings shall be provided on open portions of stairs,
balconies, landings and stairwells in accordance with New York State
Uniform Fire Prevention and Building Code requirements.
A.
Safe, continuous and unobstructed exit shall be provided
from the interior of the building to the exterior at street or grade
level.
B.
Exits shall be arranged, constructed and proportioned
so that occupants may escape safely from the building in case of emergency.
C.
In one- and two-family dwellings, in addition to a
primary exit from the building, there shall be provided a secondary
exit or, in lieu thereof, one or more exit openings for emergency
use, in accordance with New York State Uniform Fire Prevention and
Building Code requirements.
D.
In multiple dwellings, approved exits shall be provided.