[1]
Editor's Note: The title of this article was
amended 3-7-1977 by L.L. No. 4-1977.
A.
New buildings. For the purpose of providing natural
light, adequate ventilation and minimum insulation, every structure
hereafter erected shall be constructed, arranged and equipped to conform
to the provisions of this article.
[Amended 3-7-1977 by L.L. No. 4-1977]
B.
Existing buildings.
(1)
No building shall hereafter be altered or rearranged
so as to reduce the size of any room or the amount of window space
to less than that required for buildings hereafter erected or so as
to create any additional room, unless such additional room is made
to conform to the requirements for rooms in buildings hereafter erected,
except that such rooms may be of the same height as existing rooms
in the same story.
(2)
No building shall hereafter be enlarged nor shall
the lot on which it is located be diminished so that the dimensions
of any required court or yard shall be less than that prescribed for
buildings hereafter erected.
C.
Limitation. Nothing in this article shall be construed
to modify any provision of the Zoning Ordinance with respect to yards,
courts or other open spaces nor to abrogate any provision of any state
law or of any rule authorized by state law, but whenever this article
imposes greater requirements or restrictions than those prescribed
in such laws, regulations or rules, the provisions of this article
shall control.
A.
B.
Habitable space, size.
(1)
Height. Habitable space shall have a minimum height
of seven feet six inches measured from finished floor to finished
ceiling.
(2)
Dwelling units. Every dwelling unit for one family
shall contain at least one habitable room which shall contain a minimum
of 150 square feet of floor area and shall have a minimum horizontal
dimension of 10 feet.
(3)
Other habitable spaces. Other habitable spaces shall
contain not less than 80 square feet of floor area and shall have
a minimum horizontal dimension of seven feet, except that kitchens
may have a minimum of 60 square feet of floor area.
(4)
Alcoves. 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 for the purpose of complying with the requirements of § 86-22. 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.
C.
Location below curb level.
(1)
Minimum requirement for habitable space. Where a story
is not less than two feet below curb level and the ceiling of which
is not less than four feet six inches above curb level or above the
average ground level of the portion of the lot adjoining and within
10 feet of the principal front of the structure, where such structure
sets back from the street line 10 feet or more, such story may be
occupied as habitable space.
(2)
Windows. Windows for light and ventilation shall open
upon a required yard, court or legal open space having access to a
public thoroughfare. The elevation of the finished grade shall be
at least six inches below the sills of such windows.
D.
Miscellaneous requirements.
(1)
Dwelling units generally. Dwelling units shall be
separated from each other and from other spaces outside the dwelling
unit.
(2)
Sound transmission loss required. Separation between
dwelling units shall provide a sound transmission loss of at least
40 decibels in the frequency range of 256 to 1,024 cycles per second.
(3)
Sleeping rooms within dwelling units. Sleeping rooms
within dwelling units shall be separated completely from each other
and from other spaces outside the sleeping rooms to provide privacy.
E.
Public spaces.
(1)
Height. Public space shall be at least as high as
is required for habitable space, except that public space in hotels
and motels shall have a minimum height of nine feet measured from
finished floor to finished ceiling, and except that areas below and
above a balcony or mezzanine shall have a minimum clear height of
seven feet six inches.
(2)
Miscellaneous requirements.
(a)
All food storage spaces for public kitchens
shall be constructed so as to be verminproof and rodentproof.
(b)
All public kitchen and toilet walls or partitions
shall be provided with a cove base, and walls, floors and cove base
shall be constructed of nonabsorbent materials which are easily cleanable.
F.
Nonhabitable space.
(1)
Height. Nonhabitable space, except crawl spaces and
attics, shall have a minimum height of seven feet measured from floor
to ceiling.
(2)
Location of toilet rooms. Toilet rooms shall be accessible
from any sleeping room without passing through any other sleeping
room.
(3)
Waterproofing of bathrooms and toilet room floors.
The floor of every bathroom or toilet room shall be made waterproof,
and such waterproofing shall extend six inches or more above the floor
so that the floor can be flushed or washed without leaking.
A.
General requirements.
(1)
Light in habitable spaces. Habitable spaces shall
be provided with both natural and artificial light.
(2)
Artificial light required. All spaces, except closets
or similar spaces, shall be provided with artificial light.
(3)
Ventilation in habitable spaces. Habitable spaces
shall be provided with natural ventilation and may also be provided
with mechanical ventilation.
(4)
Location of light ventilation sources. The tops of
windows or equivalent sources of natural light and ventilation in
habitable space shall not be more than 18 inches below ceilings, unless
the top of at least one such source in each room is at least seven
feet above the finished floor.
(5)
Public spaces. Public spaces shall be provided with
either natural ventilation or mechanical ventilation, or both.
(6)
Openings on streets, alleys or other spaces. Required
lighting or ventilation openings shall not face on a street, alley
or other space permanently dedicated to public use and of lesser width
than required for side yards or courts, except that the width of such
street, alley or space may be credited in the computation to establish
the width or depth of side yards or courts.
B.
Natural light for habitable space.
(1)
Generally. Natural light shall be provided through
one or more windows, skylights, transparent or translucent panels
or any combination thereof that face directly on legal open spaces
above the adjoining finished grade or above a roof.
(2)
Lighting area equivalent. Each habitable space shall
be provided with natural light by means of openings described in this
section, in an amount equivalent to that transmitted through clear
glass and equal in area to 10% of the floor area of the habitable
space.
(3)
Increase in lighting area equipment. The lighting
area equivalent to clear glass shall be increased to 12 1/2%
of the floor area if the natural light is from a single light area
located entirely in one wall which is more than 15 feet distant from
the opposite wall or if the distance from the jamb of the light area
is more than nine feet from an intersecting wall. No part of any room
shall be more than four times its clear height distant from the lighting
opening.
C.
Natural ventilation for habitable space.
(1)
Generally. Natural ventilation shall be provided through
parts of windows or other openings capable of being opened in exterior
walls that face legal open spaces above the adjoining finished grade
or above a roof or through openable parts of skylights.
(2)
Ventilation area equipment. Each habitable space shall
be provided with natural ventilation through usable parts of the opening
described in this section, which are equal in area to not less than
5% of the total floor area of each habitable area.
(3)
Increase in ventilation area equivalent. The area
capable of being used for ventilation shall be increased to 6 1/4%
of the floor area if the ventilation is from a single ventilating
area located entirely in one wall, which is more than 15 feet distant
from the opposite wall or if the distance from the jamb of the ventilating
area is more than nine feet from an intersecting wall. No part of
any room shall be more than four times its clear height distant from
the ventilating opening.
D.
Natural ventilation for public space. Public spaces, if provided only with natural ventilation, shall comply with the requirements of Subsection C.
E.
Natural ventilation for nonhabitable space.
(1)
Designated. The following spaces shall be provided with either natural ventilation by openings which comply with the requirements of Subsection C or from mechanical means, or from both. The minimum area of the opening capable of being used for natural ventilation shall be:
(2)
Heat-producing, air-conditioning and other equipment.
Spaces 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.
(3)
Crawl spaces. Crawl spaces shall be ventilated by
openings so located and of such area as to minimize deterioration
of the structural members from condensation or other causes in conformity
with generally accepted standards.
A.
Index for ventilation. Spaces above or below grade, with or without windows and designed for human occupancy only, as defined in § 86-26, Human occupancy, except as otherwise prescribed in § 86-21. Rooms in residence structures shall have ventilation either from windows or from mechanical means, or from both, in accordance with the following index and requirements: cubic foot contents per person, plus 10 times the floor area per person in square feet, plus 100 times the entire masonry openings per person in square feet equals the index.
B.
Rooms with windows.
(1)
If the index in less than 300, there shall be supplied
an amount of fresh air equal to 2 1/2 cubic feet per minute per
square foot of floor area and an air exhaust of two cubic feet per
minute per square foot of floor area.
(2)
If the index is between 300 and 520, there shall be
supplied an amount of fresh air equal to two cubic feet per minute
per square foot of floor area and an air exhaust of 1 1/2 cubic
feet per minute per square foot of floor area.
(3)
If the index is between 520 and 850, there shall be
supplied an amount of fresh air equal to 1 1/2 cubic feet per
minute per square foot of floor area and an air exhaust of 1 1/4
cubic feet per minute per square foot of floor area.
(4)
If the index is between 850 and 1,650, there shall
be required an air exhaust only of one cubic foot per minute per square
foot of floor area.
(5)
If the index is above 1,650, no mechanical ventilation
is required.
(6)
No window shall be credited as such under the provisions
of this article unless such window opens directly upon a street or
other open public space or upon a court located on the same lot or
plot and conforms to the requirements of this article for courts.
(7)
Show windows and other stationary windows shall be
considered as wall area, in calculating the index.
C.
Rooms without windows.
(1)
If the index is below 850, the requirements shall
be the same as for rooms with windows.
(2)
If the index is between 850 and 1,650, there shall
be required an air supply of one cubic foot per minute per square
foot of floor area and an air exhaust of one cubic foot per minute
per square foot of floor area.
(3)
If the index is over 1,650, there shall be required
an air supply of 1/3 cubic foot per minute per square foot of floor
area and an air exhaust of 1/3 cubic foot per minute per square foot
of floor area.
(4)
Interior partitions shall have transoms or equivalent
openings, and when partitions occur 30 feet or more away from a window
or similar opening, the room so formed shall have ventilation based
upon the index without windows.
A.
Spaces below grade, with or without windows, designed
for live storage of five or more cars propelled by gasoline engines
or other internal-combustion engines and operated within the storage
space under their own power shall have provision for at least four
changes of air exhaust per hour by mechanical means with provision
for a corresponding air inflow from an uncontaminated source. Two
changes of the four shall be taken from near the floor.
B.
Spaces above grade, with or without windows and designed for the same purpose shall have provision for at least four changes of air exhaust per hour by mechanical means or shall have adjustable openings near the floor on all outside and court walls. Adjustable openings shall be at least six inches by four inches and within six inches above the floor and shall be spaced between wall columns and at least every 16 feet where columns do not occur. Such spaces shall also be subject to the requirements of § 86-25, Where special ventilation is required.
Where excessive heat may be created to the detriment
of the occupants or where steam, gases, vapor, dust or other impurities
in the air, which may be injurious to health, may be generated in
the course of commercial or other activities, rooms shall be ventilated
in such manner as to render them harmless to any person therein.
Plans for structures, except one- and two-family
dwellings, designed for human occupancy and filed with the Superintendent
of Buildings shall have designated thereon the number of persons which
the rooms and various spaces are planned to accommodate and shall
contain a simple description of the system of mechanical ventilation,
if any, to be installed in the structure.
In structures hereafter erected, a court required by § 86-21C(2), Windows, shall have a width at every point of at least one inch for each foot that such point is distant from the lowest part of such court but at least four feet. Such a court shall be open and unobstructed for the required widths from its lowest point to the sky, except for ordinary projections, such as window sills, belt courses and similar ornamental projections, to a maximum extent of four inches. When a court is located on the side of a lot or plot, the lot line shall be deemed an enclosure of such court, but when a court opens on a street or open public space, such street or open public space may be considered as part of that court.
If more than one structure is hereafter placed
on any lot or plot or if any structure is placed on the same lot or
plot with an existing structure, the several structures may, for the
purposes of this article, be considered as a single structure.
[Added 3-7-1977 by L.L. No. 4-1977]
Minimum insulation standards for one or two-family
residential construction shall be as follows.
A.
The maximum coefficient of heat transmission through
building sections adjacent to heated space shall be:
(1)
Roofs: U = 0.05.
(2)
Exterior walls: U = 0.07.
(3)
Foundation walls (applicable to all heated basements
and crawl spaces): U = 0.12.
(4)
Floors over unheated basements and crawl spaces (if
foundation walls are not insulated in accordance with A(3) above:
U = 0.08.
(5)
Floors over areas open to outside or unheated garage:
U = 0.05.
(6)
Glazing: U = 0.69.
(7)
Entrance doors: U = 0.40.
B.
The maximum coefficient of heat transmission through
the insulation material for edge insulation for cement slabs shall
be: U = 0.20.
C.
Vapor barriers, weather stripping and sill sealer
shall be used where applicable.
D.
The total glazing and entrance door area shall be
limited to 24% of the gross exterior wall area for detached homes
and 33% of the gross exterior wall area for attached homes.
E.
Tightly insulated structures require modifications
for providing combustion and ventilation air to fossil fuel space-heating
equipment. The following regulations are to be followed to ensure
proper combustion for one- and two-family residential structures:
[Added 3-7-1977 by L.L. No. 4-1977]
Minimum insulation standards for multifamily
residential construction shall be as follows:
A.
The maximum coefficient of heat transmission through
building sections adjacent to heated space shall be:
(1)
Roofs: U = 0.05.
(2)
Exterior walls: U = 0.07.
(3)
Foundation walls (applicable to all heated basements:
U = 0.12.
(4)
Floors over unheated basements (if foundation walls
are not insulated in accordance with A(3) above: U = 0.08.
(5)
Floors over areas exposed to outside or unheated garages:
J = 0.05.
(6)
Glazing: U = 0.69.
(7)
Service doors, including exterior entrances to individual
units: U = 0.40.
B.
The maximum coefficient of heat transmission through
the insulation material for heat ducts in unheated basements shall
be: U = 0.20.
C.
Vapor barriers, weather stripping and sill sealer
shall be used where applicable.
D.
Main entrance doors shall be of vestibule or revolving
door type permitting minimum infiltration. Vestibule doors shall be
self-closing.
E.
The total glazing and entrance door area shall be
limited to 33% of the gross exterior wall area for residential construction
of three stories and under and 42% of the gross exterior wall area
for residential construction over three stories.
F.
Tightly insulated structures require modifications
for providing combustion and ventilation air to fossil fuel space-heating
equipment. The following regulations are to be followed to ensure
proper combustion for multifamily residential structures:
(1)
Multifamily structures containing less than six dwelling
units utilizing central space-heating equipment or multiple-family
structures of any size utilizing individual space-heating equipment
for each dwelling unit.
(2)
Multifamily
structures containing six or more dwelling units utilizing central
space-heating equipment. The New York State Industrial Code Rule 4
is to be followed for natural gas, propane and oil space-heating equipment.
[Added 3-7-1977 by L.L. No. 4-1977]
Existing dwellings converting to electric heat shall meet the following requirements of §§ 86-29 and 86-30.
[Added 3-7-1977 by L.L. No. 4-1977]
The stated U-value of any one assembly, such
as roof or ceiling, wail or floor, may be increased or the window
area may be increased and the U-value for other components decreased,
provided that the overall heat loss for the building envelope does
not exceed the total heat loss which would result from conformance
to the stated individual requirements of the standard. Conformance
to the standard under the exceptions procedure must be certified by
a licensed architect or engineer.
[Added 3-7-1977 by L.L. No. 4-1977]
[Added 3-7-1977 by L.L. No. 4-1977]
A.
The requirements imposed by this standard represent
the minimum level of thermal protection for residential construction.
However, in certain instances, particularly in regard to electric
heat, the utilities already may recommend or require a greater degree
of thermal protection than this standard imposes. This standard is
not intended to supersede more stringent recommendations or standards.
B.
The thermal protection for mobile homes is controlled
by the Department of Housing and Urban Development Mobile Home Construction
and Safety Standards. In accordance with the Housing and Community
Development Act of 1974, Title VI, cited as the National Mobile Home
Construction and Safety Standards Act of 1974, the federal standard
takes precedent over all state standards.
