A.
Buildings 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.
Buildings, for the purpose of this chapter,
shall be classified in respect to their occupancies as follows:
A.
One- and two-family dwellings: buildings containing
one or two dwelling units with four or fewer than four lodgers residing
with a family in either one of such dwelling units.
B.
Multiple dwellings: buildings containing one or two
dwelling units with more than four lodgers with a family in either
one of such dwelling units; buildings containing three or more dwelling
units; apartment houses and apartment hotels; hotels; garden apartments;
lodging houses; and buildings with sleeping accommodations for more
than five persons used or occupied as a club, dormitory, fraternity,
sorority house, convalescent home, old-age home, nursing home or for
similar uses.
C.
Accessory structures: structures for accessory use,
including but not limited to garages, carports and storage buildings.
D.
Industrial occupancy: See New York State Building
Code.
[Added 6-2-1986 by L.L. No. 3-1986]
E.
Commercial occupancy: See New York State Building
Code.
[Added 6-2-1986 by L.L. No. 3-1986]
A.
In dwelling units and lodging 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:
One occupant per room having floor area of at least 80 but less than
120 square feet, two occupants per room having floor area of at least
120 but less than 180 square feet and three occupants per room having
floor area of 180 or more square feet.
B.
In clubs, dormitories and fraternity and sorority
houses, the maximum number of occupants accommodated in a dormitory
unit shall be limited to the number determined on the basis of the
floor area, in square feet, of the unit divided by 50 square feet
per occupant.
C.
For the maximum occupancy for commercial and industrial
classifications, see the New York State Building Code.
[Added 6-2-1986 by L.L. No. 3-1986]
D.
For the maximum occupancy of assembly places, see
the New York State Building Code.
[Added 6-2-1986 by L.L. No. 3-1986]
A.
It shall be prohibited to use for regular sleeping
purposes any kitchen, nonhabitable space 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 meals in lodging
units and dormitory units.
D.
It shall be prohibited to use any cellar space as
habitable space.
E.
It shall be prohibited in buildings of mixed occupancy
to have a nonresidential occupancy which is offensive, obnoxious or
hazardous.
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 square 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 shall be separately
lighted and ventilated as required for habitable space.
B.
Location in respect to grade level. Floor level of
habitable space shall be not more than four feet below the average
adjoining grade. Where a building is situated on a sloping site and
the conditions of grade are such that a portion of a story or stories
below the highest curb level meets the light and ventilation requirements
for habitable space, such portions may be occupied as habitable space.
The grade adjoining the habitable spaces which are partially below
ground shall be at a level so that such spaces conform to the definition
of a basement.
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, that face directly on legal open
spaces at least six inches above the adjoining finished grade or are
above a roof. The amount of light shall be equivalent to that transmitted
through clear glass equal in area to at least 8% of the floor area
of the habitable space.
[Amended 6-2-1986 by L.L. No. 3-1986]
(2)
Habitable space shall be provided with artificial
light.
(3)
Habitable space shall be provided with natural ventilation
through openable parts of windows or other openings in exterior walls
that face directly adjoining finished grade or above a roof or through
openable parts of skylights. Such openable parts shall have a total
clear ventilation area equal to not less than 4% of the total floor
area of habitable space.
[Amended 6-2-1986 by L.L. No. 3-1986]
(4)
Habitable space may be provided with mechanical ventilation
in addition to natural ventilation, but may not be substituted for
natural ventilation in sleeping rooms.
D.
Open space.
(1)
Open space shall be of sufficient size to permit adequate
natural light and ventilation of habitable space.
(2)
Windows, panels and openings required to provide natural
light or ventilation shall face directly on open space conforming
to the following:
(a)
Where such open space is between two facing
walls and the vertical dimension of the lower wall is 30 feet or less,
the horizontal dimension between walls shall be at least five feet.
For each foot that the vertical dimension of the lower wall exceeds
30 feet, the horizontal dimension between walls above the 30 foot
level shall be increased by at least two inches. Vertical dimensions
shall be measured from the floor level of the story containing required
windows, panels or openings to the top of the lower wall. Horizontal
dimensions shall be measured, at the same floor level, from the wall
containing such windows, panels or openings to the facing wall.
E.
Miscellaneous requirements.
(1)
Dwelling units shall be separated from each other
and from other spaces outside the dwelling unit.
(2)
Sleeping rooms within dwelling units shall be separated
from each other and from other spaces outside the sleeping room to
provide privacy.
(3)
Lodging units and dormitory units shall be designed
to provide privacy for the occupants thereof and shall be separated
from other spaces outside such units.
(4)
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. Public space shall have a minimum height of
seven feet six inches measured from finished floor to finished ceiling.
B.
Light and ventilation.
(1)
Public spaces, including lobbies, lounges, stairs,
stairways and passageways, shall be provided with electric lighting
available at all times so as to afford safe passage for occupants
and users. Such lighting shall conform to the following:
(a)
A sufficient number of fixtures shall be provided
so that the distance between fixtures is not more than 30 feet and
so that no wall is more than 15 feet in distance from a fixture.
(b)
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.
(c)
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.
(2)
Public spaces shall be provided with either natural
ventilation, conforming to the requirements for habitable space, or
with mechanical ventilation, conforming to the requirements of Table
I.
|
TABLE I
| ||
|---|---|---|
|
Minimum Mechanical Ventilation
| ||
|
Requirements in Multiple Dwellings
| ||
|
Space
|
Amount of Ventilation
| |
|
Cooking space with domestic-type range for noncommercial
public use
|
250 cubic feet per minute per range
| |
|
Water closet compartment and bathrooms:
| ||
|
Private use
|
25 cubic feet per minute
| |
|
Public use
|
40 cubic feet per minute per water closet or
urinal
| |
|
Recreation rooms
|
2 air changes per hour
| |
|
Lobbies, lounges, reception rooms, dining rooms,
meeting rooms
|
10 cubic feet per minute per person
| |
|
Small workshops, service rooms, paint storage
rooms, utility service rooms
|
1 air change per hour
| |
|
Laundry rooms
|
2 air changes per hour
| |
|
Kitchens serving public dining rooms
|
4 air changes per hour
| |
|
Hoods for cooking equipment in kitchens serving
public dining rooms
|
100 cubic feet per minute per square foot of
hood
| |
|
Garage areas:
| ||
|
Above grade exceeding 1,000 square
feet
|
4 air changes per hour
| |
|
Below grade
|
6 air changes per hour
| |
|
Passageways, hallways, corridors and stairways:
| ||
|
Above grade
|
1/2 air change per hour
| |
|
Below grade
|
1 air change per hour
| |
A.
Height. Nonhabitable space, except crawl spaces and
attics, in multiple dwellings shall have a minimum height of seven
feet measured from floor to ceiling.
B.
Toilet rooms and bathrooms.
(1)
Toilet rooms and bathrooms in one- and two-family
dwellings and multiple dwellings shall have provisions for privacy.
(2)
Toilet rooms and bathrooms in multiple dwellings which
are located within the dwelling units 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 public kitchen or other public space used for the cooking
or preparation of food.
(5)
The entrance to every toilet room serving more than
one person at a time and opening into a public space or passageway
shall be provided with a vestibule or fixed partition to screen the
interior from view. The door of every toilet room serving such multiple
usage shall be fitted with an effective self-closing device.
(6)
Every water closet or bathroom installed in multiple
dwellings on or after July 1, 1972, and in dwellings converted on
or after such date shall be in conformity with the following: The
floor of every compartment, bathroom or general toilet room shall
be made waterproof, and such waterproofing shall extend six inches
or more above the floor so that the floor can be washed or flushed
out without leaking.
(7)
In all other dwellings, bathrooms and toilet rooms
shall be provided with floors of moisture-resistant material.
(8)
Employee facilities. Where there are five or more
employees in a multiple dwelling, separate toilet room facilities
shall be provided for them and for each sex. Said facilities shall
be readily accessible to the employees and shall not open directly
into any public kitchen or other public space used for the cooking
or preparation of food.
C.
Light and ventilation.
(1)
Kitchenettes, bathrooms and toilet rooms shall be
provided with artificial light appropriate for the use of such rooms.
(2)
Laundry rooms, furnace rooms and similar nonhabitable
space shall be provided with artificial light appropriate for the
intended use of such rooms.
(3)
Stairs shall be provided with artificial 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:
natural ventilation, as required for habitable space, except that
such openable areas shall not be less than 1 1/2 square feet
for bathrooms or toilet rooms and not less than three square feet
for kitchenettes; or mechanical ventilation exhausting not less than
25 cubic feet per minute for bathrooms and toilet rooms and not less
than 100 cubic feet per minute for kitchenettes.
(5)
Garages within or accessory to multiple dwellings
shall be provided with electric light appropriate for the intended
use of such spaces.
(6)
In multiple dwellings, spaces which contain central
heat-producing, air-conditioning or laundry equipment shall be ventilated
to the outer air, and air from these spaces shall not be recirculated
to other parts of the building.
(7)
Ventilation shall be provided in unheated attics,
spaces below flat rooms 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.
(9)
Exterior lighting. On multiple dwelling-premises,
artificial lighting shall be provided at night to illuminate walks,
driveways, parking spaces and entranceways to buildings for the safe
movement of pedestrians. Such lighting shall be provided between buildings
used at night, between such buildings and their parking spaces and
between such buildings and a public thoroughfare.
A.
Elevators are required for multiple-dwelling units
that contain 20 or more units on the second floor. Elevators and escalators
shall be maintained in safe operating condition and lighted at all
times.
[Amended 6-6-1994 by Ord. No. 94-20]
B.
Stairs, both interior and exterior, shall be in conformity
with the following standards:
(1)
General requirements for one- and two-family dwellings.
(a)
Stairs may serve, in common, two dwelling units.
(b)
Stairs, both interior and exterior, shall be
arranged and constructed to provide safe ascent and descent. A fixed
stair shall be provided where travel is required between two stories,
each of which contains a habitable space or a recreation room, and
between the first story and basement or cellar. Disappearing or folding
stairs may be used between two stories above grade where only one
of them contains a habitable space or a recreation room.
(c)
There shall be no variation exceeding 1/2
inch in the height of risers in any one run of stairs.
(2)
Handrails and railings.
(a)
Stairs or steps of more than three risers which
are used by the public with the express or implied permission of the
owner shall have a handrail or railing parallel to the stair slope
on at least one side. Where one or both sides of such stairs or steps
are open, railings shall be provided on the open sides.
(b)
Window openings on stairs or landings, and well
openings, shall be guarded by railings or other equivalent protection.
(c)
For stairways and landings, top surfaces of
handrails and railings shall be not less than 30 inches nor more than
36 inches in height above the floor or tread level. On stair runs,
the height shall be measured above the riser face.
(d)
Railings or parapet walls shall be provided
at open sides of balconies, mezzanines, porches, accessible roofs,
exit passageways, areaways, motor vehicle parking decks and ramps
and around floor openings. Such railings or parapet walls shall be
at least three feet in height and designed to resist a lateral load,
at the top, of at least 50 pounds per linear foot. Fixed openings
in railings or parapet walls shall not exceed six inches in one dimension.
(e)
Wheel bumper-blocks shall be provided at perimeter
and around floor openings of open motor vehicle parking decks and
ramps. Wheel bumper-blocks shall be continuous at least eight inches
in height, fastened to the floor and designed to resist a minimum
linear load of 300 pounds per foot.
(f)
Clearance between handrails and the supporting
wall shall be not less than 1 1/2 inches.
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, proportioned
and maintained so that occupants may escape safely from the building
in case of emergency.
C.
In one- and two-family dwellings, in addition to the
primary exit from each story, there shall be provided at least one
emergency exit from each story. Such emergency exit shall be a door
or window opening on the exterior and shall have at least four square
feet of openable area with a minimum dimension of 18 inches.
D.
In multiple dwellings, exits shall conform to the
requirements of the Multiple Residence Law and of the New York State
Building Construction Code applicable to multiple dwellings.
[Amended 6-2-1986 by L.L. No. 3-1986]
E.
Fire escapes which serve as a second means of egress
shall be of noncombustible construction and maintained free of encumbrances.
F.
Access to fire escapes shall be through openable unobstructed
windows or doors. Window or door devices that prevent such access
shall be prohibited.
