Town of West Hartford, CT Article IV Space, Density, Use and Location

§ 105-29 General requirements.

A. No person shall occupy as owner-occupant or let to another for occupancy or use any premises which does not comply with the requirements of this article.

B. The owner of any premises, unless otherwise specified, shall provide and maintain such premises in compliance with the requirements of this article.

C. Every occupant of a premises shall keep all fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.

§ 105-30 Space and density standards.

[Amended 9-27-1994]

A. Maximum permissible occupancy.

(1) The maximum permissible occupancy of any dwelling unit shall be equal to or less than the number of the habitable rooms within the dwelling unit.

(2) For the purposes of this code and the designation described in §§ 105-56A and 105-59 of this code, violation of this standard is hereby declared to be an immediate hazard to the health, safety and welfare of the occupants and the general public.

B. In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space for the first occupant, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each additional occupant thereof.

C. The ceiling height of any habitable room shall be at least seven feet, except that in any habitable room under a sloping ceiling, at least 1/2 of the floor area shall have a ceiling height of at least seven feet, and the floor area of that part of the room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy.

§ 105-31 Use restrictions.

A. No cellar space shall be used as a dwelling unit.

B. No basement space shall be used as a dwelling unit or habitable room unless:

(1) Said basement space complies with the standards of this code for dwelling units.

(2) The total amount of window area in each room in said basement is equal to at least the minimum window area sizes as required in § 105-35A and such required minimum window area is located entirely above the grade of the ground adjoining such window area.

C. No cellar space shall be used as a habitable room unless:

(1) The floors and walls of said cellar space are impervious to leakage of underground and surface runoff water and are insulated against dampness.

(2) The ceiling height of such room or rooms complies with § 105-30C of this code.

(3) Said cellar space complies with the lighting and ventilation standards for nonhabitable rooms as contained in this code.

(4) Said cellar space complies with the means of egress standards in this code.

D. The room and floor area of cellar space used as a habitable room shall not be considered for the purpose of determining the maximum permissible occupancy of any dwelling unit.

E. No kitchen, nonhabitable space or public space shall be used for sleeping purposes.

F. Permit to create or modify dwelling.

(1) No dwelling unit shall be created within an existing structure or converted, remodeled or altered so as to create an additional dwelling unit unless the Town Planner has determined that it is in conformity with Chapter 177, Zoning, and the Building Inspector has issued a written permit certifying that the plans and specifications for such work indicate that the provisions of the State Building Code[1] will be complied with for all dwelling units affected.

[Amended 5-10-2005]

[1] Editor's Note: See Chapter 58, Building Construction, Art. II.

(2) No such dwelling unit shall be occupied unless:

(a) The Fire Chief of the Town of West Hartford has examined the premises for conformance to the fire and safety codes of the state and Town and issued an inspection report certifying that the dwelling units comply with such codes; and

(b) The Director of Health has examined the premises for conformance to this code and issued an inspection report certifying that the dwelling units comply with the provisions of this code.

§ 105-32 Location standards.

A. No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment, intended for use by occupants of more than one sleeping room, can be had only by going through another sleeping room, nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room.

B. A bathroom or water closet compartment shall not be used as the only passageway to any habitable room, hall, basement or cellar or to the exterior of the dwelling units.